Town looks for spring adjustments

Building codes, sign codes, Area Plan

The excitement at the last Crested Butte Town Council meeting revolved around adjustments. The council set the stage for possible adjustments to the Crested Butte Area Plan. They took a preliminary look at potential upcoming adjustments to the town building code. The council members asked town staff to perhaps make some adjustments to the town sign regulations.

The council and staff admitted most of those issues could open different cans of worms but the council is looking at the upcoming spring offseason and members are preparing to fill their time.
The most confounding issue to the council members at the March 1 meeting centered on where historic buildings fit in with the horizontal zoning ordinance. The staff contends that under horizontal zoning, if a commercial use is discontinued in a building for six months, only a use currently permitted in the horizontal zoning code can be allowed—whether the building in question is historic or not. For example, if a building housed a real estate office in the B-1 district and that office moved and the building sat vacant for six months, then a real estate office would no longer be allowed in the building.
Attorney David Leinsdorf, representing a client who owns an historic building in the B-1 zone, contends that the town zoning law allows for historic structures to essentially be exempt from that interpretation.
Leinsdorf said there were probably four historic buildings regulated under horizontal zoning. Horizontal zoning limits the types of businesses allowed on the first floors along Elk Avenue’s business districts primarily to those businesses that generate sales tax. For example, real estate offices and doctor’s offices are not allowed.
“In this terrible economy, it is not the time to make it more difficult for property owners to rent their property,” Leinsdorf said. “I suggest you stick with your long-standing policy for historic buildings. Owning an historic building comes with special problems, and preserving the historic buildings is more important than horizontal zoning.”
Town Building and Zoning Director Bob Gillie disagreed with Leinsdorf’s interpretation of the town code. He also said there were more than two dozen historic buildings that would fall under horizontal zoning. “The issue at hand is, does horizontal zoning apply to historic buildings. I think so, but David takes another view. That’s why we need a policy clarification.”
“It is a simple policy decision,” said Leinsdorf. “What’s more important? Horizontal zoning or historic buildings? I think preservation of historic buildings is more important.”
Councilperson Dan Escalante suggested reconsidering the horizontal zoning ordinance. “Perhaps in these exceptional times, we allow property owners to rent to non-conforming uses even if the property has been vacant for six months,” he said. “I feel like we could make some exceptions. We could open it up.”
Town Manager Susan Parker said that tweaking town zoning codes was not a simple issue. “Doing something like that becomes very complicated,” she said.
Mayor Leah Williams is the only sitting councilperson who was on the council when horizontal zoning was approved. “It was done in a different time,” she said. “And at the time it was in the best interest of the town. I want to caution us that we shouldn’t react to specific periods of time.”
Councilperson John Wirsing said Leinsdorf had some good points. “It is more difficult to maintain historic buildings, so that is something to consider,” he said.
Councilperson Reed Betz made it clear to Leinsdorf that while the “current economy sucks, it’s not the intent of the council or town to impose hardship and make it harder to do business in Crested Butte. We have never made a decision with that intent,” he said.
“It may not be your intent but it can sometimes be the consequence,” responded Leinsdorf. “Council decisions can have unintended consequences.”
The council agreed to have Gillie provide some more perspective on the issue, and will consider the topic at a later date.
Gillie presented several other potential adjustments to the town code. Among them, the town will look at requiring all future basements in town be constructed to be waterproof. Currently many homes pump water from their basements back into the town’s sewer system and this stresses the town infrastructure.
The town will consider asking property owners who demolish or remodel their property to provide a recycling plan. The council was comfortable with the concept but was adamant about keeping it loose in order not to add extra burden to property owners and builders. The council decided for code purposes that chiropractors should be considered service providers, rather than doctors. The Board of Zoning and Architectural review (BOZAR) will look at the Commercial Zone and recommend whether to allow some more retail and service businesses as permitted rather than conditional uses.
In another step toward spring adjustments, three council members volunteered to look over the town’s Area Plan. That plan guides town comments on development within three miles of the municipal border. It also sets the tone for potential annexations. Town Planner John Hess told the council that several issues need to be revisited and cleaned up. Some wetlands issue, for example, came up during the recent Foothills annexation discussions and he would like some clarifications and direction. Council members Jim Schmidt, Reed Betz and Roland Mason will start the process of combing through the Area Plan.
The town staff will also open the “can of worms” that is the sign ordinance. The issue came to light when the council looked at a special event permit for the Wildflower Festival. Festival Director Sue Wallace asked if banners could be placed in various spots in town to help direct participants to the Nordic Center, where the event headquarters will be located this summer.
Last year was the first time the festival was headquartered at the Nordic Center, since the school expansion is under construction. The town sign ordinance prohibits the banners that were requested. The council asked the staff to look into the possibility of adjusting the ordinance to accommodate the festival. The staff will look at tweaking the sign ordinance to allow directional signs.