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HomeMy WebLinkAboutcoa.lu.tu.North St.A62-94Aspen Valley Bank Temp. Use Permit A62-94 2737-073-18-001 xk r t ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303)920-5090 LAND USE APPLICATION FEES 3 �(� 3, Iq'G0 CITY: -63250-134 GMP/Conceptual -63270-136 GMP/Final -63280-137 SUB/Conceptual -63300-139 SUB/Final -63310-140 All-2 Step Applications -63320-141 All 1 Step Applications -63330-150 Staff Approval -63432-157 Zoning Plan Check -63432-157 Sign Permit -MR011 Use Tax for Sign Permits HISTORIC PRESERVATION: -63335-151 Exemption -63336-152 Minor -63337-153 Major Devel. -63338-154 Signif. Devel. -63339-155 Demolition COUNTY: -63160-126 GMP/General -63170-127 GMP/Detailed -63180-128 GMP/Final -63190-129 SUB/General -63200-130 SUB/Detailed -63210-131 SUB/Final -63220-132 All 2 Step Applications -63230-133 All 1 Step Applications -63240-149 Staff Approval -63450-146 Board of Adjustment -63235-148 Zoning Plan Check REFERRAL FEES: -63360-143 Engineering - County 00115-63340-163 Engineering - City 75. 00123-63340-190 Housing 00125-63340-205 Environmental Health PLANNING OFFICE SALES: -63080-122 County Code -69000-145 Other (Copy Fees) TOTAL f �� 24Z D Name: /Asltz Phone: Address: > ,�r�%�c.r Project:T i --7 :/Cl Check #: Date: ZNO of Copies: / 1 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 08/22f 94 PARCEL ID AND CASE NO. DATE COMPLETE: 2737-073-18-001 A62-94 STAFF MEMBER: LL PROJECT NAME: Aspen Valley Bank Temporary Use Permit Project Address: 210 North Mill Legal Address: APPLICANT: Aspen Valley Bancshares, Inc. Applicant Address: 533 E. Hopkins REPRESENTATIVE: Sunny Vann Representative Address/Phone: 230 E. Hopkins 925-6958 Aspen, CO 81611 -------------------------------------------------------------- -------------------------------------------------------------- FEES: PLANNING $ 978 # APPS RECEIVED 4 ENGINEER $ 96 # PLATS RECEIVED 4 HOUSING $ ENV. HEALTH $ TOTAL $ 1074 TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: X 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO A44 CC Meeting Date �'!l� PUBLIC HEARING: YES NO r-= VESTED RIGHTS: NO DRC Meeting Date REFERRALS: City Attorney City Engineer Housing Dir. _ Aspen Water _ City Electric _ Envir.Hlth. _ Zoning Parks Dept. Bldg Inspector Fire Marshal Holy Cross Mtn. Bell ACSD Energy Center School District Rocky Mtn NatGas CDOT Clean Air Board Open STace Board Other �rt 1VS Other DATE REFERRED: q ( 3 INITIALS: c?�' DUE : v FINAL ROUTING: DATE ROUTED: 'I(3ITINITIAL: ��✓ City Atty City Engineer Zoning Env. Health housing Open Space Other: FILE STATUS AND LOCATION: 0 0 TO: THRU: THRU: FROM: DATE: MEMORANDUM Mayor and Council Amy Margerum, City Manager Stan ClausoA,-_-�y Community Development Director Kim Johnson, Planner January 9, 1995 F M113 W./a RE: Aspen Valley Bank Modular Building - Temporary Us Permit - Public Hearing (tabled from November 14, 9�4) SUMMARY: The Applicants (Draco, Inc., D. Stone 0 is an Valley Bancshares, Inc.) are requesting a tempo s to place a 1,400 square foot modular bank buildi qi s' parking spaces in the City -owned lot along Rio Grande P1 ce. he Plan ng A Office recommends denial of the temporary use p e building. PREVIOUS COUNCIL ACTION: In 1993 Council approved rowt management allotment for a new bank/office building to bel IGt on the parcel where Cap's Auto is located. BACKGROUND: The Applicants are contemplating a one year construction schedule starting for the new bank building an seek this temporary use to "facilitate the opening of the bank." As • • temporary use permits are only valid for a maximum of six months, the Applicants are planning to request a six month extension to finish out the construction period. Please see the application information attached as Exhibit "A". CURRENT ISSUES / STAFF COMMENTS: Planning staff discussed this proposal and feel that there are several issues which lead to the recommendation for denial of the temporary use. These issues are: 1. The proposed building will not being used during construction for construction -related activities. Sometimes it is necessary for construction trailers to be located in public rights -of -way only for purposes of managing a project. The proposed building will be purely a commercial use prior to the completion of the permanent structure. This would set a precedent for other commercial use requests on public property or street rights -of -way during construction or remodel of commercial buildings. 2. The removal of the six parking spaces for one year may create impacts which cannot be foreseen at this time. The upcoming implementation of the City's paid parking program will dramatically change patterns and intensities of parking use in the core and 1 0 0 surrounding areas. The lot in question is to be retained as ninety -minute timed parking. With the anticipated full capacity of the Rio Grande garage, patrons of the library and ACRA offices will have few short-term parking options. Transportation Director Randy Ready expects these users to rely heavily on all of the spaces in this ninety -minute parking lot. Also, the temporary bank will generate its own parking demand for patrons and employees. This would basically consume the remaining eight spaces in the lot during this period. After discussing the proposal with Planning staff, Mr. Ready does not support this temporary use request. 3. There is no apparent community benefit in return for the bank occupying the parking lot. The cash payment offered in the application does not strike staff as being an adequate community trade-off for the commercial benefit to the applicants. Additional banking services to be provided by this temporary building are not considered by staff to be so essential that the City should feel compelled to grant the temporary use. Also, the bank is not an specialized existing use that may suffer hardship due to relocation. 4. If construction delays throw the project off of the anticipated one year schedule, the Applicant will likely approach Council for an additional extension. This would place Council in a difficult position because the code clearly states that one extension of 180 days may be allowed. Specific review criteria and staff's responses are attached as Exhibit "B". Public Input: The Planning Office received a call from a citizen who is opposed to the proposed use. He stated that there are no compelling public benefits that the public property should be used for private business. Referral Comments: Planning received statements from Engineering, Environmental Health, Parks, and the Aspen Consolidated Sanitation District. As mentioned above, staff also discussed the proposal with Randy Ready of the Parking and Transportation Department. Aside from Mr. Ready's lack of support for the project, the referral memos do not bring up any other pressing concerns. Referral comments are included as Exhibit "C". FINANCIAL IMPLICATIONS: The application states that the bank will pay a $4,320.00 rental fee for the six parking spaces based on the "unlimited monthly" rate of the parking garage (6 x $60.00 x 12 months). However, that rate will be going up to $100.00 per month per space as part of the new paid parking program. If Council wished to approve this temporary use, the updated fee should be required. • • Another financial consideration is that the bank would be utilizing city -owned property for private commercial gain. It would be logical that the City should charge a commercial rent for the space. This figure should be determined by an appraisal or survey of office rental rates in the commercial core or adjacent commercial zones. RECOMMENDATION: The Planning Office recommends denial of the Aspen Valley Bank temporary use permit for the placement of a modular bank building in the public lot along Rio Grande Place. ALTERNATIVES: Council could direct staff to prepare an approval resolution including different rental compensation. PROPOSED MOTION: "I move to deny the temporary use permit for Aspen Valley Bank's modular building on the public parking lot along Rio Grande Place". CITY MANAGER COMMENTS: Exhibits: "A" - Application Information "B" - Review Criteria/Responses "C" - Referral Comments "D" - Published Public Notice 3 E Council ZtUbit_ roved , 19 _ By OrdinsAoe lip Wty Council Exhibit Approved . 19 By Ordinance PUBUC NOTICE RE ASPEN VALLEY BANK ITMPORARY USE NOTICE IS HEREBY GIVEN that a public hear- ing will be held on Monday. November 14, 1994 at a meeting to beOn at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Draco, Inc.. D. Stone Davis, 210 N. MIII St., Aspen, CO and Aspen Valley Bancshares, Inc., 533 F Hopkins, Aspen, CO, requesting approval to locate a tem- porary bank facility on a portion of the public parking lot which abuts the Cap's Auto proper- ty while the new office building Is under con- struction. The property Is located on the City's Rio Grande property In the parking lot adjacent to MIII Street. For further Information, contact Kim Johnson at the Aspen/Pltkln Planning Office, 130 S. Galena St., Aspen, CO 920.5100 s/Bruce Kerr, Chairman Aspen Planning and Zoning Commission Published In The Aspen Times on October 28, 1994. PUBLIC NOTICE RE: ASPEN VALLEY BANK TEMPORARY USE NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, November 14, 1994 at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Draco, Inc., D. Stone Davis, 210 N. Mill St., Aspen, CO and Aspen Valley Bancshares, Inc., 533 E. Hopkins, Aspen, CO, requesting approval to locate a temporary bank facility on a portion of the public parking lot which abuts the Cap's Auto property while the new office building is under construction. The property is located on the City's Rio Grande property in the parking lot adjacent to Mill Street. For further information, contact Kim Johnson at the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920- 5100 sfBruce Kerr, Chairman Aspen Planning and Zoning Commission Published in the Aspen Times on October 25, 1994 City of Aspen Account E �(Lhh li''! i • *ty council Exhibit_ pproved 19 _ By Ordinance MEMORANDUM TO: Kim Johnson, Planning Office THRU: George Robinson, Parks Director FROM: Rebecca Baker, Parks Department DATE: October 24, 1994 RE: Aspen Valley Bank Temporary Use Pemut We have reviewed the application for the Aspen Valley Bank temporary use permit. Our only concern is in regards to snow removal on sidewalks. We would recommend the applicant take responsibility for snow removal on the sidewalk both on Spring St, bordering the trailer and on the interior sidewalks bordering the immediate parking area. This will improve pedestrian access to their facility, particularly due to the removal of parking spaces. 0 • MEMORANDUM To: Kim Johnson, Planning Office From: Chuck Roth, Engineering Department C'� Date: October 17, 1994 Re: Aspen Valley Bank Temporary Use Permit Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. Site Drainage - The proposal does not appear to present any problems for snow removal or storm runoff. If any needs arise as a result of the project, the applicant would be required to mitigate the impacts. 2. Pedestrian and Vehicular Traffic Patterns - The application and the proposal do not appear to present pedestrian or vehicular traffic circulation problems. 3. Insurance Requirements - As established by City of Aspen encroachment procedures, the applicant should be required to provide an insurance certificate with the City named as additional insured and in amounts consistent with current policy. 4. Work in the Public Right-of-waX - Given the continuous problems of unapproved work and development in public rights -of -way adjacent to private property, we advise the applicant as follows: The applicant shall consult city engineering (920-5080) for design considerations of development within public rights -of -way, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from city streets department (920-5130). cc: Cris Caruso M94352 Aspen Consolidated Sanitation District 565 North Mill Street Aspen, Colorado 81611 Tele. (303) 925-3601 Sy Kelly - Chairman Albert Bishop - Treas. Louis Popish - Secy. October 13, 1994 Kim Johnson Planning Office 130 S. Galena Aspen, CO 81611 Re: Aspen Valley Bank temporary use Dear Kim: FAX #(303) 925-2537 Michael Kelly Frank Loushin Bruce Matherly, Mgr. XT 994 We have reviewed the letter from Vann Associates regarding the request for the Aspen Valley Bank temporary use. In the letter the applicant agrees to provide temporary sewer service by installing a portion of the permanent service line that will be required to serve the completed Cap's property project, in the event that the existing service line cannot support this temporary use. The applicant also agrees that all service extensions will be installed in compliance with the specific requirement of each individual utility. The District's concerns regarding the proposed use have been adequately addressed in the applicant's letter. As usual, service is contingent upon compliance with ACSD Rules and Regulations. Please call if you need additional information. Sincerely, Bruce Mather 1 yU{ District Manager EPA AWARDS OF EXCELLENCE 1976 - 1986 - 1990 REGIONAL AND NATIONAL ASPEN&PITKIN ENVI&MENTAL HEALTH OEPAAENT ul u • &.- ►1§ 1u To: Kim Johnson, Planning Office From: Chris Chiola, Environmental Health Department Cf l Through: Lee Cassin, Senior Environmental Health Officer Date: October 11, 1994 Re: Aspen Valley Bank Temporary Use Permit Parcel ID # 2737-073-18-001 ----------------------------------------------- ----------------------------------------------- The Aspen/Pitkin Environmental Health Department has reviewed the Aspen Valley Bank Temporary Use land use submittal under authority of the Municipal Code of the City of Aspen' and has the following comments. SEWAGE TREATMENT AND COLLECTION: Section 11-1.7 'It shall be unlawful for the owner or occupant of any building used for residence or business purposes within the city to construct or reconstruct an on -site sewage disposal device.' The plans to provide wastewater disposal for this project through the central collection lines of the Aspen Consolidated Sanitation District (ACSD) meet the requirements of this department. The ability of the Aspen Consolidated Sanitation District to handle the increased flow for the project should be determined by the ACSD. The applicant must make the agreements with the ACSD that the service agency and the applicant are mutually bound to the proposal and that the service agency is capable of serving the development. ADEQUATE PROVISIONS FOR WATER NEEDS: Section 23-55 'All building, structures, facilities, parks, or the like within the city limits which use water shall be connected to the municipal water utility system.' The provision of potable water from the City of Aspen system is consistent with Environmental Health policies ensuring the supply of safe water. The City of Aspen Water Department shall determine if adequate water is available for the project. The City of Aspen water supply meets all standards of the Colorado Department of Health for drinking water quality. WATER QUALITY IMPACTS: Section 11-1.3 'For the purpose of maintaining and protecting its municipal water supply from injury and pollution, the city shall exercise regulatory and supervisory jurisdiction within the incorporated limits of the City of Aspen and over all streams and sources contributing to municipal water supplies for a distance of five (5) miles above the points from which municipal water supplies are diverted' This application is not expected to impact down stream water quality. AIRQUALITY: Sections 11-2. 1 'It islthe purpose of [the air quality section of the Municipal Code] to achieve the matdmum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control prevent and reduce air pollution throughout the city...' The Land Use Regulations seek to lessen congestion' and 'avoid transportation demands that cannot be met' as well as to 'provide clean air by protecting the natural air sheds and reducing pollutants'. 130 South Galena Street Aspen, Colorado 81611 303/920-5070 ,ecycled paper FIREPLACE/WOODSTOVE PERMITS: The applicant must file a fireplace/woodstove permit with the Environmental Health Department if any fireplaces are planned in the facility. Metropolitan areas of Pitkin County which includes this site may have two department certified devices and unlimited numbers of decorative gas fireplace appliances per building. New homes may NOT have wood burning fireplaces, nor may any heating device use coal as fuel. DEMOLITION: Prior to demolition the applicant should have the building tested for asbestos, and if any is present, should consult the Colorado Health Department regarding proper removal. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: NOISE ABATEMENT: Section 16-1 'Me city council finds and declares that noise is a significant source of environmental pollution that represents a present and increasing threat to the public peace and to the bealth, safety and welfare of the residents of the City of Aspen and it its visitor .._Accordingly, it is the policy of council to provide standards for permissible noise levels in various areas and manners and at various times and to prohibit noise in excess of those levels. During construction, noise can not exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 a.m. and 10 p.m. It is very likely that noise generated during the construction phase of this project will have some negative impact on the neighborhood. The applicant should be aware of this and take measures to minimize the predicted high noise levels. _NV:WP:LAND USE:A.SP.V.BAN1C1MMP 2 1] 0 MEMORANDUM TO: KIM JOHNSON, ASPEN/PITKIN PLANNING OFFICE FROM: PHIL OVEREYNDER, WATER DIRECTOR DATE: SEPTEMBER 16, 1994 SUBJECT: ASPEN VALLEY BANK --TEMPORARY USE PERMIT Thank you for the opportunity to review the subject application for a temporary bank building proposed to be located on a portion of the City's Rio Grande Property on North Mill Street. The July 13, 1994, letter from Jay Hammond correctly summarizes water service issues related to the proposed temporary use. The Water Department believes that the design of the fire suppression sprinkler system will determine the sizing of the permanent water service connection. This line should be sized in accordance with design requirements for the sprinkler system, subject to Water Department confirmation of supporting information on flow requirements of anticipated operating pressures of 115 psi in this area. Temporary service to the proposed modular building should be made off of the new permanent service and in accordance with Aspen Water Department Requirements. When a new service is established, the existing service connections will be required to be abandoned at the water main as witnessed by Water Department personnel. It now appears that water distribution system improvements scheduled for the Mill Street area will not be constructed until the early spring of 1995. If the temporary bank will require service prior to this date, they should make arrangements with the Water Department to make a new tap separate from completion of the Mill Street improvements. PO: rl /phil/tempbank.per • 0 EXHIBIT 3 September 14, 1993 HAND DELIVERED Ms. Leslie Lamont Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Apply Dear Ms. Lamont: As the owner of record of Cap's Auto Supply property, please consider this letter authorization for Aspen Valley Bancshares, Inc., to submit an application for a commer- cial GMQS allocation for our property, which is located at 210 North Mill Street in the City of Aspen. Aspen Valley Bancshares, Inc., is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Sincerely, Di Stone D va is Draco, Inc. 210 North Mill Street Aspen, CO 81611 (303) 925-7528 S V:cwV c:W us\city.Itr\1tr23193.113 0 0 EXHIBIT 4 September 14, 1993 HAND DELIVERED Ms. Leslie Lamont Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Lamont: Please consider this letter authorization for Sunny Vann of Vann Associates, Planning Consultants, to represent us in the processing of our application for a commercial GMQS allocation for the Cap's Auto Supply property, which is located at 210 North Mill Street in the City of Aspen. Mr. Vann is hereby authorized to act on our behalf with re- spect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Sincerely, ,1711 V.. 4,� - 6 (_ i ---------- Kurt Adam Aspen Valley Bancshares, Inc. % Oates Hughes & Knezevich, PC 533 East Hopkins Avenue Aspen, CO 81611 (303) 920-1700 SV:cwv c:\bus\city.1tNtr23193.112 Ru 0 • COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: 08/24/93 at 08:30 A.M. Case No. PCT-8083 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form B-1970 Amount$ TBD (Rev. 10/90) Premium$ Proposed Insured: ASPEN VALLEY BANCSHARES, INC., A COLORADO CORPORATION (b) ALTA Loan Policy, Amount$ TBD (Rev. 10-90) Premium$ Proposed Insured: TO BE DETERMINED Tax Certificate $20.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: DRACO, INC., A COLORADO CORPORATION 4. The land referred to in this Commitment is described as follows: See Attached Exhibit "A" Countersigned at: PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS This Commitment is invalid ASPEN, CO. 81611 unless the Insuring 303-925-1766 Provisions and Schedules Fax 303-925-6527 A and B are attached.. EXHIBIT A "CAP'S AUTO (DRACO, INC.) PARCEL, AS SHOWN ON THE "CAP'S AUTO (DRACO, INC.) / CITY OF ASPEN LAND EXCHANGE PLAT RECORDED NOVEMBER 21, 1989 IN PLAT BOOK 23 AT PAGE 61 BEING MORE FULLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND LOCATED IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M., SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF MILL STREET IN THE TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, WHENCE THE NORTHWEST CORNER OF LOT A, BLOCK 86 OF SAID TOWNSITE OF ASPEN BEARS S 14°50'49" W A DISTANCE OF 163.68 FEET, THE TRUE POINT OF BEGINNING; THENCE N 14°50'49" E ALONG SAID EASTERLY RIGHT-OF-WAY LINE AT MILL STREET, A DISTANCE OF 71.50 FEET; THENCE S 73037'45" E A DISTANCE OF 77.81 FEET; THENCE 45.32 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS AT 50.00, A CENTRAL ANGE OF 51°56'15" AND A CHORD WHICH BEARS S 49011'02" E A DISTANCE OF 43.79 FEET; THENCE S 75009'11" E A DISTANCE OF 13.04 FEET; THENCE S 14050'49" W A DISTANCE OF 50.26 FEET TO A POINT ON THE SOUTH LINE AT A PARCEL OF LAND DESCRIBED IN BOOK 316 AT PAGE 922 OF THE RECORDS OF THE CLERK AND RECORDER, PITKIN COUNTY, COLORADO; THENCE'N 75009'11" W ALONG SAID SOUTH LINE A DISTANCE OF 130.19 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS AS SET FORTH IN ACCESS EASEMENT GRANT AND AGREEMENT RECORDED NOVEMBER 21, 1989 IN BOOK 608 AT PAGE 247. COUNTY OF PITKIN, STATE OF COLORADO. • • VANN ASSOCIATES August 19, 1994 HAND DELIVERED Ms. Kim Johnson Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Aspen Valley Bank Temporary Use Dear Kim: r Please consider this letter an application to locate a temporary bank facility on a portion of the City's Rio Grande property. The application is submitted pursuant to Section 7-1201 of the Aspen Land Use Regulations -by Aspen Valley Bancshares, Inc. (d/b/a, Aspen Valley Bank, N.A.), the prospective lessee of the new office building to be constructed on the Cap's Auto Supply property (see Exhibit 1, Pre -Application Conference, attached hereto). The owner of the Cap's Auto property is Draco, Inc., a Colorado corporation (see Exhibit 2, Title Commitment). Permission for the Applicant to submit the applica- tion on behalf of the property owner is attached as Exhibit 3. Permission for Vann Associates to represent the Applicant is attached as Exhibit 4. An executed applica- tion fee agreement and a list of property owners located within three hundred (300) feet of the project site are attached as Exhibits 5 and 6, respectively. Background The Applicanr received a GMQS allocation in the City's 1993 commercial compe- tition for a new office building to be constructed on the Cap's Auto Supply property. • ' • '' As presently envisioned, the Aspen Valley Bank will occupy the new building's upper floor. The formation of the new bank was announced last year, and the bank is presently raising capital through a private placement stock offering. To facilitate the opening of the bank, the Applicant would like to locate a temporary bank facility on a portion of the public parking lot which abuts the Cap's Auto property while the new office building is udder construction. Temporary uses and structures such as that proposed by the Applicant are permitted by the Regulations subject to the review and approval of the City Council. Permission for the Applicant 0 0 Ms. Kim Johnson August 19, 1994 Page 2 to apply for a temporary use on City property was granted by the City Council on June 13, 1994. Proposed Temporary Use As the attached site plan illustrates (see Exhibit 7), the Applicant proposes to locate the temporary bank building at the northern end of the existing parking lot which presently serves Cap's Auto and the surrounding area. Vehicular access to the temporary facility will be provided via the existing Cap's Auto access easement which encumbers a portion of the parking lot and the adjacent street system. This ease- ment provides access to Cap's Auto and the parking lot from both Spring and Mill Streets. The Mill Street entrance, however, will be temporarily closed during the construction of the new office building. Pedestrian access will be provided via the area's existing sidewalk system. The temporary bank facility will consist of a prefabricated modular building which will be transported to the site in sections and erected thereon. The resulting twenty- four (24) foot by sixty (60) foot building will contain approximately fourteen hundred (1,400) square feet of floor area, and will comply with all local building codes. The building's design can be described as a simple one-story structure with a hip roof and covered entryway. Exterior finishes will consist of natural materials, and the immedi- ate site area will be landscaped to reduce potential visual impacts. A photograph of a similar temporary bank facility accompanies this application. An enlargement of the photograph will be provided during City Council's consideration of the applica- tion. As the attached letter from Jay Hammond of Schmueser Gordon Meyer, Consulting Engineers, indicates (see Exhibit 8), existing utilities in the immediate site area can be extended to serve both the temporary facility and the new office building. In general, the temporary facility will be served via the permanent taps which must be installed to serve the office building. This approach will minimize the impact of excavation on the adjacent street system. All utility extensions will comply with the specific requirements of the individual utility companies, and all costs for the exten- sion of utilities will be borne by the Applicant. As presently envisioned, all utility extensions will be located underground. Pursuant to Section 7-1205 of the Regulations, the duration of a temporary use approval is limited to one hundred and eighty (180) days). One (1) extension, however, may be granted by the City Council provided that the extension does not exceed an additional one hundred and eighty (180) days. As construction of the new office building will require approximately one (1) year to complete, the Applicant will apply for the permitted extension prior to the expiration of the initial temporary use period. Commencement of the temporary use period is requested to coincide with the issuance of a certificate of occupancy for the temporary bank facility. 0 s Ms. Kim Johnson August 19, 1994 Page 3 Given the size of the proposed building, approximately six (6) parking spaces will be displaced during the term of the temporary use. While these spaces are predomi- nantly used by Cap's Auto customers, the Applicant proposes to compensate the City for the lost public parking based on the monthly, unlimited parking rate at the Rio Grande parking garage in effect at the commencement of the temporary use period. Based on the current rate of sixty dollars ($60.00) per space per month, the proposed compensation would total four thousand three hundred and twenty dollars ($4,320.00) for a twelve (12) month temporary use period. Property damage and personal injury insurance coverage for the temporary bank facility will be provided by the Applicant. The Applicant will also financially guaran- tee the removal of the building and the restoration of the public parking lot. Review Requirements Pursuant to Section 7-1206 of the Land Use Regulations, temporary uses are subject to the review and approval of the City Council. The specific review criteria, and the proposed temporary use's compliance therewith, are summarized below. 1. "The location, size, design, operation characteristics, and visual impacts of the proposed use." The location, size and design of the proposed temporary use has been discussed under the preceding heading. The temporary bank facility will be open Monday through Friday from 8:30 AM to 4:30 PM. While visual impacts are expected to be minimal, flexibility exists with regard to the building's exterior finish. The Applicant would be happy to discuss the building's finish in more detail with the City Council in the event required. 2. "The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity." Existing land uses in the immediate site area include retail commercial, business and professional offices, the municipal parking garage, the Pitkin County Library, and the Rio Grande recreation area. The proposed temporary use is compatible with surrounding land uses, and will have no adverse effect on the functional character of this mixed commercial/office/public area of the City. 3. "The impacts of the proposed temporary use on pedestrian and vehicular traffic and patterns, municipal services, noise levels, and neighborhood character." As noted previously, the proposed temporary use will be adequately served by the existing sidewalk/street system which provides pedestrian and vehicular access to Ms. Kim Johnson August 19, 1994 Page 4 the Cap's Auto property and the Rio Grande area. No adverse impact on existing traffic patterns in the immediate site area is anticipated, and sufficient off-street parking is presently available to accommodate the temporary facility's needs. While approximately six (6) parking spaces will be displaced during the term of the tempo- rary use, the Applicant proposes to compensate the City for the resulting loss of public parking. Existing utilities are adequate to serve the temporary use and all costs associated with the extension of utilities will be born by the Applicant. 4. "The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application." The duration of the temporary use will comply with the requirements of Section 7-1205 of the Regulations. Previous temporary uses which have been approved for the Rio Grande property include the Aspen Food and Wine Classic and the Theater in the Park. 5. "The purposes and intent of the zone district in which the temporary use is proposed." The Cap's Auto property is zoned O, Office. The adjacent Rio Grande property is zoned Public, mandatory Specially Planned Area. While the proposed temporary use is neither a permitted nor conditional use in the Public zone district, the SPA designation which overlays the Rio Grande property permits variations in the use requirements of the underlying zoning. In addition, Section 7-1202 of the Regulations specifically states that a proposed temporary use need not be permitted in a given zone district. 6. "The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is pro- posed." As noted previously, approval has been granted for the construction of a new office building on the Cap's Auto property. The approval in question, specifically contemplated the Applicant's use of the building for the new Aspen Valley Bank. The proposed temporary use is directly related to the opening of the new bank and is important to the economic success of the project. 7. "How the proposed temporary use will enhance or diminish the general public health, safety or welfare." The proposed temporary use will have no adverse effect on the general public health, safety or welfare. ty Council Exhibit • Ap13 proved . 19 _ By Ordinance ASPEN VALLEY BANK TEMPORARY BUILDING Review Standards for a Temporary Use - Pursuant to Section 24-7- 1203 the following review criteria shall be considered for all temporary uses: A. The location, size, design, operating characteristics, and visual impacts of the proposed use. RESPONSE: Please see the attached site plan. The building will be 24' x 60' and will occupy six parking spaces. Eight spaces will remain available in the parking lot. The proposed temporary use will be timed to coincide with the one-year construction schedule for the permanent building. The building will be of modular construction specific to the banking industry regulations. The bank will be open Monday through Friday 8:30 to 4:30. The application does not address the hours that the building will be staffed, assuming this would be longer than the hours above. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. RESPONSE: The Rio grande property is zoned Public with an SPA overlay. The Master Plan does not address commercial use of the property. Other uses of the Rio Grande property and vicinity include the Pitkin County Library, the multi -use playing field, the Art Park garden and trails, the ACRA headquarters, and the Theatre in the Park. The proposed bank use does not inherently conflict with the other uses, but will negatively impact available parking for these uses. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. RESPONSE: The redevelopment of Cap's Auto Supply calls for elimination of the entry drive from Mill Street. The temporary bank will not create any particular changes to pedestrian or auto circulation. There should be adequate vehicular sight access for turning movements onto Rio Grande Place. The one story building will make a visual impact to the area. The application states that the building's exterior will be of "natural materials" and the site will be landscaped, but no further details are given. All services are currently available at the property. D. The duration of the proposed temporary use, and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the Application. 1 0 • RESPONSE: The Applicants seek a six month use permit and acknowledge that they will have to come back to Council for a six month extension to allow completion of the permanent bank building. Staff is concerned that any construction delays would cause problems with the maximum total time limit of one year established in the code. The Theatre in the Park has received several temporary use permits to erect its performance tent each summer in the area across the playing field. E. The purposes and intent of the zone district in which the temporary use is proposed. RESPONSE: The purpose of the Public zone district is to provide for the development of governmental and quasi - governmental facilities for cultural, educational, civic, and other governmental purposes. Because of the public and cultural nature of this area and the need for parking associated with these uses, staff does not support this temporary use. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. RESPONSE: There are no changes to the area or zone district which would warrant the commercial use of this public parking area. The approval for the new bank building does not need to alter the area outside of its property lines. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. RESPONSE: This temporary use will eliminate six parking spaces and will effectively control the remaining eight or so spaces with patron and employee parking. At a time when the parking program is getting underway, this will be a negative impact. 2 f EXHIBIT 5 ASPEN/PITKIN PLANNING OFFICE Agreement for Payment of City of f Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: `7 % /•�,�. 1. APPLICANT has submitted to CITY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 77 (Series of 1992) establishes a fee structure for Planning Office applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project approval, unless current billings are paid in full prior to decision. 0 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Planning Office time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN By: 1��a WIQ— Diane Moore City Planning Director 2 APPLICANT By: (t Mailing Address: Date: ENGINEERS SURVEYORS EXHIBIT 8 (303) 925 6727 SCHMUESER M P.O. Box 2155 FAX (303) 925-4157 GORDONMEYER Aspen, CO 81612 July 13, 1994 Mr. Sunny Vann VANN ASSOCIATES INC. 230 East Hopkins Ave. Aspen, CO. 81611 RE: Cap's Auto Parts Property, Temporary Office Building Utility Report Dear Sunny: I am writing in follow-up to our conversations regarding utility service connections to a proposed temporary building for the Aspen Valley Bank on the Cap's Auto Supply site. I have, at this point, spoken to representatives of all the major utilities that would need to serve the temporary facility. Our discussions were based on the temporary facility site plan dated February 16, 1994 that you had provided. There are a couple common aspects to their comments: As you know, the City of Aspen still intends to repair and overlay Mill Street in the near future, although it currently appears that the work will be done in 1995. Several of the service connections for the new permanent building will need to be excavated into Mill and several existing service connections within Mill will need to be abandoned. The general consensus is that temporary service for the modular bank building should, where appropriate, construct and utilize the permanent service for the new building at the Cap's site as well as abandon any current services into Mill that will not remain in use. This would avoid any further excavation into Mill once the street overlay is completed. The new permanent building at Cap's will need to be sufficiently into design to determine what the actual service requirements will be in order to properly size the permanent service connections that will then be temporarily connected to the modular building. For several of the utilities with which I've spoken, the specific service requirements of the permanent structure could effect both the size of the final service as well as the point of connection and subsequent routing. I will expand on this in each utility comment below. 1. Water Service Based on my conversation with City of Aspen Water Superintendent Larry Ballenger, the site is currently served by a 6 inch diameter cast iron main in the North Mill Street right-of-way. As indicated in my report of September 29, 1993, it is conceivable that the existing service is in good condition and could be re -used by the new building if it is large enough. The more likely scenario, however, is that the existing service will need to be abandoned and replace with a new, larger diameter service connection to handle proper fire flows into the new structure. (Here is an example of item where we will need the specific design requirements of the new building to size the final service. I would estimate that a service in the range of four inches in diameter will be required but final design may refine this estimate.) Temporary service to the modular bank building would then tap off of the permanent service within the site with a small diameter line to the modular building. 118 West 6th, Suite 200 • Glenwood Springs, Colorado • (303) 945-1004 July 13, 1994 Mr. Sunny Vann Page 2 Larry indicated that the Water Department would probably be able to work with us on a tap fee for the temporary building that would then be applied as a credit to the tap fee for the permanent structure. 2. Sanitary Sewer Service Based on my discussion of the temporary building proposal with Aspen Consolidated Sanitation District (ACSD) System Superintendent Tom Bracewell, existing service to Cap's is from the sanitary sewer main in North Mill Street. Once again, the existing service tap may be adequate but Tom notes that it is located on the southwest (high) corner of the site and may be poorly located from a grade and elevation standpoint to fully serve the new building. It is also likely to be an old service in poor condition. If a new service tap is required, service connection to the North Mill Street sanitary sewer main at a more downslope location is feasible or, and perhaps more attractive, connection to the 8 inch diameter line across the Rio Grande property to the north of the new building is possible. In either case, temporary service to the modular building would be feasible from the permanent tap. In the case of the Rio Grande line, it appears that gravity flow from the modular building is possible. If it proves more appropriate to re -tap the Mill Street line, a temporary service lift station may be needed at the modular site to lift flows uphill to the permanent tap. The ACSD has a tap fee requirement for temporary facilities that is not credited toward the final tap fees for the permanent facility. Although we did not endeavor to set the figure, Tom indicated that temporary tap fees are nominal. 3. Electric Service I spoke with City of Aspen Electric Superintendent Bill Early regarding the temporary building proposal. This is another example of the importance of determining the final service requirements of the new structure. It is likely that final service will need to come from the transformer located across Mill Street adjacent to the 225 North Mill building. The department does not know the capacity, age or condition of the existing service to Cap's but, again, they are reasonably certain that it will not be adequate for the new structure. The secondary service line, sized appropriately for the permanent structure (or possibly both structures), would be installed across Mill Street in advance of the street repair and overlay work. The permanent service would be connected on a temporary basis to the modular structure and then reconfigured within the property for service to the new building at Cap's. Electric power is one utility where we may want to anticipate the combined load of the temporary and permanent structures if they would be operating in parallel for any length of time. 4. Telephone I spoke with Cliff Catron in the Glenwood Springs office of U.S. West. Their service currently comes from the alley to the south of the Cap's building (the west access into the Rio Grande parking garage). Cliff also will need fairly detailed service requirements of the new, permanent building to determine final service location and routing. Phone service in general will come from either the alley to the south or from the near side of Mill Street so significant disruption of Mill should not be a problem. Service to the temporary building is feasible if conduit is provided from the existing phone SCHMUESER GORDON MEYER. INC. July 13, 1994 Mr. Sunny Vann Page 3 pedestal on the alley/parking access side of the site to the modular unit. This assumes that the modular bank building would not have significantly more phone lines than the current Cap's building. I hope these comments will be sufficient for the Cap's site/Aspen Valley Bank building temporary facility plan. Please feel free to contact me if I may provide further information or detail. Very truly yours, SCHMUESER GORDON MEYER INC. Jay W. Hammond, P.E. Principal, Aspen Office JH4h 93151TS SCHMUESER GORDON MEYER, INC. MEMORANDUM TO: Mayor and Council VIC THRU: Amy Margerum, City Manager+�`�,i THRU: Leslie Lamont, Interim City Planning Director FROM: Kim Johnson, Planner DATE: June 13, 1994 RE: Consent Agenda - Permission for Aspen Valley Bank, N.A. to Submit an Application for a Temporary Use Permit for a Bank Building on the Rio Grande Property ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: Aspen Valley Bancshares, Inc. (d/b/a Aspen Valley Bank, N.A.) wishes to install a temporary bank facility on the parking area between Cap's Auto and Rio Grande Place. The City owns this property as part of the Rio Grande Subdivision. The structure will be located there during construction of their permanent facility which was approved in 1993. Please see attached May 19, 1994 letter from Sunny Vann outlining the proposal. This temporary structure must be approved by City Council through the Temporary Use Permit process. In order for Aspen Valley Bancshares, Inc. to formally submit an application for this review, it is necessary for Council to grant permission to the applicant to file a Temporary Use review application on City owned property. RECOMMENDED MOTION: "I move to direct the City Manager to grant permission for Aspen Valley Bancshares, Inc. to submit a temporary use application for a temporary bank facility on the Rio Grande property." CITY MANAGER'S COMMENTS: /%J 5 WMY 176f 6/, ATTACHMENT: May 19, 1994 Letter from Applicant • C� VANN ASSOCIATES Planning Consultants May 19, 1994 HAND DELIVERED Mr. Bill Efting Assistant City Manager 130 South Galena Street Aspen, Colorado 81611 Re: Request for Permission to Apply/Aspen Valley Bank, N.A. Dear Bill: Please consider this letter a request to submit an application pursuant to Section 24-7-1201 of the Aspen Municipal Code for a temporary use. According to Kim Johnson of the Planning Office, permission for the Applicant to submit the application must be granted by the City Council, as the temporary use is to be located on City property. The Applicant, Aspen Valley Bancshares, Inc. (d/b/a, Aspen Valley Bank, N.A.), has received approval to construct an office building in which the new bank will be located on the site of the existing Cap's Auto Supply property. The Applicant, however, would like to locate a temporary bank facility on a portion of the public parking lot which abuts the Cap's Auto property while the office building is under construction. Temporary uses and structures such as that proposed by the Applicant are permitted by the Municipal Code subject to the review and approv- al of the City Council. A formal land use application for the proposed temporary bank facility will be prepared and submitted to the Planning Office upon the receipt of Council approval to apply. The application will describe the temporary facility in detail and address the various review criteria of the City's land use regulations. The Applicant understands that the receipt of approval to apply in no way obligates the City Council to approve the subsequent temporary use application. I would appreciate it if you would schedule this matter for the first available Council agenda, as the Applicant wishes to prepare and submit the required temporary use application in as timely a manner as possible. 230 East Hopkins Avenue • Aspen, Colorado 81611 • 303/925-6958 • Fax 303/920-9310 9 • Mr. Bill Efting May 19, 1994 Page 2 Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, VANN ISSOCIATES ew Sunny jVXnn, AICP SV:cwv cc: Stoney Davis Kurt Adam c:\bus\city.Itr\1tr23193.be 1 • -CITY OF ASPEN 130 S. GALENA ASPEN CO 81611 -COUNTY OF PITKIN 530 EAST MAIN ASPEN CO 81611 -COUNTY OF PITKIN 530 EAST MAIN ASPEN CO 81611 -DEBORAH D. WRIGHT 232 SAINT ANDREWS SAINT SIMONS ISLAND GA 31522 -ESTATE OF NELS REINHARD ELDER JANET C. ELDER 202 NORTH MONARCH STREET ASPEN CO 81611 -FIRST BANK SYSTEM, FBS PROPERTY MANAGEMENT C/O BRUCE MACGREGOR P.O. BOX 522 MINNEAPOLIS MN 55480 -HERBERT S. KLEIN MARSHA L. KLEIN 201 NORTH MILL STREET ASPEN CO 81611 -HOTEL JEROME 220 EAST MAIN STREET ASPEN CO 81611 - J . E . P_BELS BOX 4707 ASPEN CO 81612 -JOSEPH E. EDWARDS, JR. ATTORNEY AT LAW 201 NORTH MILL STREET SUITE 201 ASPEN CO 81611 • METES & BOUNDS EXHIBIT 6 LOTS A -I, BLOCK 86, ASPEN AND METES & BOUNDS METES & BOUNDS, JAIL & COURTHOUSE JEROME PROFESSIONAL BLDG. UNIT 1-F LOTS K-0, BLOCK 78, ASPEN LOTS M-S, E 1/2 LOT L, BLOCK 86 JEROME PROFESSIONAL BLDG. UNIT 2-F, 2-G, 2-I LOTS A -I, 0 & S, E 20' LOT N, BLOCK 79 & METES & BOUNDS MONARCH NORTH UNITS-1 & 2 JEROME PROFESSIONAL BLDG. UNIT 1-I -JOSEPH E. EDWAS, JR. JEROME PROFESSIONAL BLDG. JEROME PROFESSIONAL BUILDING UNIT 1-H 201 NORTH MILL STREET SUITE 201 ASPEN CO 81611 -KARL G. LARSON JEROME PROFESSIONAL BLDG. MADELEINE LARSON UNIT 1-B 201 N. MILL STREET SUITE 101 ASPEN CO 81611 -KARL G. LARSON UND. 50% INTEREST JEROME PROFESSIONAL BLDG. M. MADELEINE LARSON UND. 50% INTEREST UNIT 2-J 201 N. MILL STREET SUITE 101 ASPEN CO 81611 -KARL LARSON JEROME PROFESSIONAL BLDG. M. MADELEINE LARSON UNIT 2-K 201 N. MILL STREET SUITE 101 ASPEN CO 81611 -LEWIS I. SCHAINUCK UNITS 1, 2, 101, 102, 103 201, 201-A, 202 & 203, 3650 SOUTH STREET MILL & MAIN COMMERCIAL SUITE 301 LAKEWOOD CA 90712 -MOSS LIMITED LIABILITY OF ASPEN LOTS D-I, BLOCK 78, ASPEN A WYOMING LIMITED LIABILITY COMPANY AND METES & BOUNDS 835 ROARING FORK ROAD ASPEN CO 81611 -PHILIP R. HODGSON LOTS A-C, BLOCK 78, ASPEN PATRICIA H. HODGSON 212 NORTH MONARCH STREET ASPEN CO 81611 -S & A EQUIPMENT COMPANY JEROME PROFESSIONAL BLDG. A WISCONSON PARTNERSHIP UNIT 1-A 201 N. MILL STREET SUITE 101 ASPEN CO 81611 -SHERRY T. RYAN JEROME PROFESSIONAL BLDG. UNIT 1-C, 1-D, 1-E, 1-G 715 WEST MAIN STREET ASPEN CO 81611 -THOMAS C. HILL JEROME PROFESSIONAL BLDG. JOSEPH B. KR.ABACHER UNITS 2-A, 2-B, 2-C, 2-D 201 NORTH MILL STREET & 2-E SUITE 201 ASPEN CO 81611 -TRUEMAN ASPEN 0 A LIMITED PARTNERSHIP 4355 DAVIDSON ROAD HILLIARD OH 43026 • LOT 1, TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT