Loading...
HomeMy WebLinkAboutcoa.lu.ud.Bank of Aspen.037A-85 ;~ ~ ,."..., MEJI)RARDUM .. TO: FROM: Aspen Planning and Zoning Commission Steve Burstein, Planning Office RE: Use Determination of a Financial Institution as Business in the 0 - Office Zone District DATE: October 22, 1985 ===================================================================== APPLICANT'S REQUEST: The applicant requests the Planning and ZOning Commission to make a use determination of whether a financial institu- tion meets the definition of a business office in the Office zone district. APPLICABLE SECTION OF THE CODE: Section 24-2.1 (b) of the Municipal Code states: "If a question arises as to whether a specific use does or does not come within any of the above-expressed use categories, any person may apply to the zoning commission for a determination as to whether a specified use is expressly or conditionally permit- ted, which determination shall be made on an analysis of the intention of the district and the compatibility of the proposed use with specified permitted and conditional uses." Section 24-3.2 of the Municipal Code states the permitted and condi- tional uses of the Office zone district (attached). PLANNING OFFICE REVIEW: The Office zone district was established for the intention of permitting a 1 imi ted range of office and commercial uses which are compatible with "the visual 'scale and character of formerly residential areas. . ." (Section 24-3.2) The use determi- nation before you is to decide whether a bank should be allowed within the permitted use category of a "Business Office." It should be noted that much of Main Street is zoned Office~ and the applicant has indicated that the property under consideration is located on West Main Street. A number of issues can be identified in considering the compatibility of a bank in the Office zone district, and specifically, along Main Street, including: o Effect on traffic circulation of p:>tentially high-intensity use that is located outside the normal pedestrian area of the commercial core, and, therefore, would be primarily served by automobiles. It is our belief that the Office zone is intended to house business offices, which typically are not high volume r-. ,r-. traffic generators. A bank is more of a frequently or daily used service than it is office, and is more properly located ~n the CC or C-l zone districts. o Implication of an incentive to drive in order to use the faci- lity. o Provision of adequate parking for the use. o Visual impact of the facility and signage on the existing streetscape. o Possible need for buffer areas around the facility protecting surrounding residential and lower intensity commercial uses. o Allowing an increasingly intense commercial useage of Main Street. Were the P&Z to determine that a bank is a business office, the only way of reviewing the impacts of the project would be through the GMP process, either for a change in the use exemption, if an existing building is to be used, or through the competition process for a new building. However, the fact that the use would have been found to be permitted in the zone would give the applicant a substantial leg up on obtaining the other needed approvals. Furthermore, if the use were to be placed in an existing commercial building on Main Street, we would have no review over any of these impacts. The applicant states in his letter of September 20, 1985, that there is precedent in finding a financial institution to be a business office. He cites two cases: 1. The Aspen Savings and Loan Association at 225 N. Mill Street in the Office zone; and 2. The Bank of Aspen in the Trueman Center, zoned Neighborhood Commercial. It appears from minutes of the July 1 and 15, 1975 meetings regarding Aspen Savings and Loan Association, that P&Z felt that it was in its discretion to determine whether a financial institution would be a permitted or conditional use in the Office zone if it were determined to be a business office. The Use Table of that time may have allowed that flexibility. The p&Z did consider the Aspen Savings and Loan as a conditional use. After some discussion of traffic and parking impacts, approval was given because the request for a drive-up window was withdrawn. The Bank of Aspen was also considered as Conditional Use in the NC zone under the category business and professional office. In our opinion, this determination was an error, and should not be a precedent for another error being made regarding the current request. 2 t"""'\ ,,~ . The logic of the present Use Table, as best we can determine, is as follows: Financial institutions are listed in both the CC and C-l zone districts as permitted uses in the Use Table under a subcategory called "Service Commercial Establishments" (see attachment). "Busi- ness Offices" are only one of the specific uses within the "Service Commercial" grouping, along with financial instit utions, laundromat s, tailoring shops, etc. The Office zone's permitted uses list speci- fically include professional and business offices, but not financial institutions. It would be inconsistent to include financial institu- tions within the business office category because it is included elsewhere in the Use Table. Furthermore, the issues listed above lead us to conclude that "the intention of the zone district and the compatibility of the proposed use with the permitted and conditional uses" are not close enough to merit support of the finding that a financial institution is a permitted use in the Office zone. We might possibly be able to support the determination that a financial institution be a conditional use in the Office zone, however, this action could only be accomplished via a Code amendment and not a use determination. RECOMMBNDATION: The Planning Office recommends that a financial institution not be determined to be a business office, as presently listed in the Office zone table of permitted uses. SB.18 3 . '~ ,-, '" " '0 l' "z ? Sl DISTRICT INTENTION .. <:; PERMITTED USES dry cleaning and. laundry pick~ up stations, barber shops, beauty shops, post office branches, and shoe repair shops. Office----To provfdefOr-theestab1ish~ Sinile~familYduplex andniulti~. ment of offices and associated family residences; ~pr+ssion~ o commercial uses in such a way al and business offices; 3e- as to preserve the visual scale cessory aweumg units recog. and character of formerly res. nized as moderate income idential areas that now are housing by an approved hOlls. adjacent to commercial and ing plan by special review of business areas and along Main the planning commission. Street and other high volume thoroughfares. ^ if DISTRlCT '0 l' INTENTION PERMITTED USES CONDITIONAL USES Z ? r- . '. '" \.. ~/'>oI'1Q(tl~1 ex> (5) Servioe MrnmPMAl ",.tAb. ,!iahmentt.. limited to the following and similar usee: Busine88 office, catering service, financiAl institu- tio~ personal service in- cluding barber and beauty shop, custom sewing, dry cleaning pickup station, laundromat, tailoring and shoe repair shop, parking lot or parking garage, studio for instruction in the arts, radio or television broadcasting facility. (6) Rental. repair and wholesaling facilities in conjunction with any of the above-listed us.. provided all such activity is clearly in- cidental and acce880ry to the permitted use and conducted within a building, (7) Storage of materials ae- Ce&8ory to any of the above- listed uses provicied aU such storage is located within a structure, /. \-.tir(. cc - .. "" '" . - CONDITIONAL USES Fraternal lodges, -.- boarding houses. shop craft industry, restaurants. antique store, fur~ niture store, bookstore; florist, visual arts gallery, music store (for the sale of musical instru- ments),nurserv-day care center, art. dance and music studio, mortuary, broadcasting station, satellite dish antennae; provided, however, that conditional uses shall be considered (1) only for structures which have received historic designation, (2) for no more than two (2) such conditional uses in each structure (not includ- ing within such limitation accessory dwelling units recognized as moder- ate income housing by an approved housing plan). and (3) only when off- street parking is provided with alley access for those conditional uses along Main Street. ~ '" ... '" .. N o z Z <::> = '" ... '" .. .,. ~ , '" .. N o z Z <::> .~ '" ... i" .. ~ ,."..., .' " . VANN ASSOCIATES Planning Consultants 210 S. Galena Street, Suite 24 Aspen, Colorado 81611 (303) 925-6958 September 20, 1985 Mr. Steve Burstein Aspen/pitkin Planning Office 130 S. Galena Street Aspen, CO 81611 RE: Request for Confirmation/Financial Institution as a Business Office Dear Steve: The purpose of this letter is to request the Planning Office's confirmation of the Planning and Zoning Commi ssion' s previous finding that a financial institution is a business office and, as such, is therefore a permitted use in the O-Office zone district. In support of this request, summarized below are two actions of the Commission which are contained in the City Clerk's records. 1. In July of 1975, th e PI anni ng and Z oni ng Commi s- sion found a financial institution to be an allowed use in the O-Office zone district based on the rationale that such uses are busi ne ss offices. The Aspen Savings and Loan Association was subsequently constructed immediately south of the Trueman Center on Mill Street in the office zone. 2. In June of 1978, the Commission approved the Bank of Aspen's application for a financial institution in the Trueman Center based on the fact that business offices are a conditional use in the NC- Neighborhood Commercial zone district. The bank subsequently leased and operated a branch facility in the bUilding. A copy of the Planning Office's memo in support of this rationale is attached for your review. Based on the above, I believe that the City's previous determination that a financial institution is a business office (as evidenced by the Commission's findings in both the Aspen Savings and Loan and Bank of Aspen applications) constitutes sufficient precedence to enable the Planning Office to concur that a financial institution is a permitted use in the O-Office zone. However, should you f eel unable to make such a finding, please consider this letter an application for a use determination pursuant to Section 24-2.1 (b) of the Municipal Code. . . 1"""\ ,."..., .' " Steve Burstein 2 Sept. 20, 1985 . In view of the Commission's previous actions, I believe that a financial institution is compatible with both the intent of the office zone district and with the specified permitted and conditional uses. In the event a use determination is required, the appropriate appli- cation fee will be submitted. Should you have any questions, or if I can be of any further assis- tance, please do not hesitate to call. Your prompt attention to this matter would be most appreciated. If a hearing before the Commission is required, it would be most helpful if this matter could be scheduled for the second meeting in October. Very Truly Yours, . SV/nec attachment cc: Larry Yaw Norm McKinney " . . . h h "C.jc;.V~ . M E M 0 RAN DUM . TO: Aspen Planning and Zoning Commission FROM: Planning Office, Richard Grice RE; Conditional Use - Bank of Aspen DATE: June 15, 1978 & This is a pUblic hearing to consider the request by the Bank of Aspen for the conditional use of a Financial Institution in the Neighborhood/ Commercial zone. The Bank has an option on 1,000 sq. fep.t of space in the Trueman BUilding on South Mill Street. The property is zoned N/C with a Specially Planned District overlay zone. Business and professional offices are allowed as a conditional use in the N/C zone. It is the opinion of the Planning Office upon examining the P & Z minutes of the July 1, 1975 meeting that the P & Z has determined that a financial institution is a business office. Therefore we have advised the applicant to apply for conditional use approval. Planning Office comments are as follows: 1) We agree with the applicants that the banking facility use of the site is consistent with the ,intention of the N/C zone which is "to allow convenience establishments..J to reduce traffic gener- ation, circulation and parking problems..." 2) We agree that the site is well located in relation to other neigh- borhood uses, i.e. the grocery store, Post Office, etc. The addition of the Bank of Aspen would encourage one-stop shopping. 3) A review of the final plat of the Trueman Center revealed that the approved SPA plan states the allowed and conditional uses would be the same as those listed for the S/C/I and N/C zones.' a sr ~ . -, , ^ Planning and Zoning JCommission 7/1/75 Use Determination Aspen Savings and Loan Mojo presented the Aspen Savings and Loan project to the Planning and Zoning Commission. There are four considerations those being 1) Use determination - a financial institution is not a listed conditional use and they are making an application to the Board to determine if this is a conditional use, 2) The request calls for the same type of ruling for a real estate office. It was questioned if a real estate office is a committed or conditioned use within the zones. 3) The request is for a blanket approval of the conditional uses that are in the office district and would they be allowed to own space in this particular building. 4) The issue is a conceptual subdivision Hunt aSked what the difference is between financial institutiol and office space. Mojo said that that's for the Planning and Zoning to determine. Hunt said that it doesn't matter if they are financial institutions, real estate offices, or insurance companies; they are offices. Jenkins said that the problem is in the zoning code; there are conditional uses and permitted uses but this is not under either one, they are listed under commercial core. Mojo replied that financial institutions are a listed use in commercial core but not in office space, so it's up to the board to determine whether they are a permitted or conditi'onal use in the zone. Jenkins suggested that issue #3 be discussed first since it is a conditional use and that means that it has to be reviewed. The intent is to look at each individual application and the Planning and Zoning Commission's recommendation is to give no blanket permission for all conditional uses. The P & Z would like to look at every use that goes into the bUilding. Issue #1 which questions if a financial institution is a conditional use or permitted use in 0 Office zone. By having a drive up window or an auto oriented office the Planning Department doesn't think that that should be in 0 Office zone. The P&Z feels that that isn't compatible with 0 Office zone; it isn't ,within the intent of the zone to have this kind of orientation. Financial instituions are allowed in commercial core for this reason. They operate as a retail function and have all the good and bad points of a retail function and for this reason the Planning and Zoning Commission recommended that financial institutions do not be permitted for conditional use in 0 Office Zone. The arguments for having a drive up window for the Aspen Savings and Loan were that this type of institution is a low key operation, and since the institution is in an automobile oriented area that by not having a drive up window they would be doubling up on automobiles in that area. Jenkins felt that if this was approved without the drive up window then later they may feel that they aren't being treated the same as the other facilities and feel that they can't compete satisfactorily because they don't have the drive up window. Jenkins also mentioned that the Planning and Zoning Commission has created the situation where a car oriented business cannot be put downtown. Jenkins was not in favor of the drive up window because it creates a need for the automobile and instead of parking the car ,in one spot they will be able to drive around with it. Motion Hunt moved to include a financial institution as a conditional use under 0 Office Zone, seconded by Dobie. All in favor, motion carried. Mojo took the second issue which was that the request calls for the same type of ruling for real estate offices. Real estate offices are not strictly a professional office they operate needing access to vehicles. Jenkins felt that as long as the parking meets with the code that he would have no objection to the use. -2- ,--- ,~ J$e-- OtJw"';".i,~" --..I ~ f;'nRtlti.1 i,}fJtvtioh ~ rh.- ()-of'f).... 2011-< fk~~+h C~i~~a,~~~-tJ., ~t((I ~ 1'f'~ ',,-a f'0I'""H4vJe~-fh~ offht 2~. ~lfW.''"' tA.-. u~Ji~~A.1 iP~ ,,~k41t~,~fl1t:MItT;O/!JI'j~" #f~ Vf{11A- ww. tW 4 f)h'nJ;,,1 idA;,',,, J.,.. J ~ 1cJ...~{ ~~1f..4@~ ~.~, r;~1y- B~ ()ffitfj ~.j:.tlJ. fy)f.,jl:...1 Cf{:;'e; ~ fA., JfecitielIY""4AJ+ht o-6f'(;,~?.vv) ~lvnJ Wl+~~ .wi*' . 4IJ.- {IJ~ f=' ~ As ~,t-f/o~~ ~ fA- Cc. J 0 /IVJ;~ ).f-k bff'~~ ~ J/';f!v () Y'" Wpd-tWJJ &/;II)f'.t..A tp fAt IServ;t-e (DI11/1-'((;11 "stlt~l~hrlt-(..J, h li,tJ .f.r the ce. . )I . 1'1.1 ,'" A/Ih"J wJ..i.4"w-.. tl"'tniJ ~; ,M ,($ s"'p~lfPti{I"" fI~-c. I h,f ;~t{..kJ i.. D i"Vfm,l\\vr{ I .lk+M (f'tit'. Its<- ~ 10;>>+4 ~. WIII( f~ ~ ~~ f/..~7.r.J ~+~ f,,>1k e.~ f~J it i.A<-I()~w.~ I6<fJ~';J.~:i, J~{1k ~.' ~ tJ, ~t{fk '2 ~ J;;t~ p~1 .1kdJ 1. tJI/~i1wl i!d 'I .tOy~ ,W ~ JY ~ s~j~d ro ~. T'/- i> ~of f/ l.w;.f~,'17) low IIi; ,Uf;, ,( Ivwfr~-f{L 8.eVltrp,,~;0\1 ..'x f'lf se. 'fiVlRl1tl.II"$ta"f;.,,"~ ko~.p ,/v.j.U'1j1 ff,., wJ;L;;J~ ,,~ ~ ~AJd~ ,tA,~- #<> fA" ,....--<l.J/;.f;flj U4..&>~. ~ )/vv".j-Vl--',. ~ rri>tt1.ry 1lMJ;f'iG4+;n.t'IiI' vi rf""lly ~II ~ Tl LbJ;fiilthw$;" f/,~f ~tsJ<,.v,+wt ' 4..s rf(,(i~d ihJi~/J.,:ni)to,; < de5;J;'t,t,~{) 1 /.JJ!:-~'l'11 ~ f/... IJs~ Jikr~ ,~.4&,sf~tJ;., 2u2.c.. ~~-1.1(1.,) I f. ofa;. poy b.lrtJ f (Wt1, f. fJ-e" fJ ~ L ib, J vJjle t'tlj IJ.w- i111. +~, I' coJ!hl1nJlI cJ~ ,:...1~Pfy ~.~4 ("Itk-~tk6)1t1f~-5rifiJ.~. Wt~ilJ-~~~ 1./, (..L~ ~ A f';.~l1ti) i.sf;. ~drltfi~v~;Y)+lv C,.;Jrow.1 UX. T4 I ...J./ kM .~>J.,H "L;,. ij. ,i. (iJ.~ ' II I,