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HomeMy WebLinkAboutcoa.lu.ca.Satellite Dish.1983MEMORANDUM TO: Aspen City Council FROM: Colette Penne, Planning Office RE: 2nd Reading - Ordinance 19, Satellite Dish DATE: May 23, 1983 APPROVED AS TO FORM: G l A copy of the Planning Office memo of~pril 25,1983 is attached for your review along with the Planning and Zoning Commission's resolution. Council Action: If you agree with the recommendations which are that satellite dish antennae be conditional uses in all zones and that criteria be established by which an application for placement of a dish will be reviewed, the appropriate motion is: "I move to adopt Ordinance 19." MEMORANDUM TO FROM RE Aspen City Council Colette Penne, Planning Office Code Amendment - Satellite Dishes DATE: April 25, 1983 APPROVED AS TO FORM: Ordinance 1, Series of 1983 was adopted on February 14, 1983 a brought satellite dish installation under building permit review. Thos requirement also brings the dishes under HPC review. In the dicussion of the ordinance, certain other zoning regulations were briefly considered, e.g., prohibiting these facilities from certain zones or placing them in the "conditional use" category in all zones. Yet another alternative was the setting of performance standards for landscaping or other screening measures which would be effective in mitigating any visual impact of the existence of a dish. The Ordinance before you tonight combines these two approaches. We have received two ordinances from cities who regulate the placement of satellite dishes - Normal, Illinois and Carmel-by-the-Sea in California. In the residential zones of Normal, dish antennae are permitted only in rear yards and are expressly prohibited in front, corner or side yards. The dishes cannot be located nearer than five feet from a side or rear lot line and cannot be placed on an easement. In all other zone districts in that city, dish antennae are considered to be an "accessory structure and shall be regulated as such." In Carmel-by-the-Sea, the fallowing regulation exists: "Satellite-signal antennae...may be allowed provided that the maximum planar area does not exceed five (5) square feet and that a use permit is granted for the installation. In granting the use permit, the Board of Adjustments shall consider the visual impact of the installation (including mountain facility, if any) and shall require that the antennae be installed behind all setbacks required by this Municipal Code and in a location that will both reduce its visibility from the public way and diminish any danger to neighboring property in the event of collapse or other failure." The approach taken by Normal, Illinois does not function as well here in Aspen because our residential areas may be highly impacted by an improperly placed dish. Examples would be in locations of high visibility or on lots which are occupied by historic structures. Because of the recent Code amendment requiring a building permit, many of the concerns outlined in Carmel's ordinance will be covered by that review process. The County P&Z has just recommended the adoption of a Code amendment (in early March) which allows satellite dishes only by one-step special review in all zones. In the memo to the County Planning and Zoning Commission, the comment was made that "at this time, we can identify no zone district in which we can be sure dishes will not potentially be a problem." It is our opinion that the same constraints exist in the City. Dependent upon the sensitivity in placement of a dish, the siting relative to other land uses, screening, color, etc., a dish can be relatively inocuous or an intrusion. We believe that your review of the placement of such facilities is warranted. 4 In considering and discussing the concept of specific performance standards or supplementary regulations, we arrived at the four criteria listed in the Ordinance, to be used in conjunction with the conditional use criteria. The effective techniques to be employed to make it compatible with its neighborhood are very site specific and the criteria are geared toward safety and general welfare of both neighboring properties and the community in general. The criteria are also open enough to allow a site designer the latitude to be creative in concealing a dish. Memo: Code Amendment - Satellite Dishes Page Two April 25, 1983 Planning and Zoning Commission and Planning Office Recommendation: The Planning and Zoning Commission adopted the attached resolution which recommends that satellite dish antennae be conditional uses in all zones and outlines criteria by which an application for placement of a dish will be judged. Council Action: If you agree with the recommendations, the appropriate motions are: 1. "I move to read Ordinance ~9' " 2. "I move to approve Ordinance tg " MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Colette Penne, Planning Office RE: Code Amendment - Satellite Dishes DATE: March 22, 1983 n Ordinance 1, Series of 1983 was adopted on February 14, 1983 and brought satellite dish installation under building permit review. This requirement also brings the dishes under HPC review. In the discussion of the ordinance, certain other zoning regulations were briefly considered, e. g., prohibiting these facilities from certain zones or placing them in the "conditional use" category in all zones. Yet another alternative was the setting of performance standards for landscaping or other screening measures which would be effective in mitigating any visual impact of the existence of a dish. Council appears to prefer the zoning approach to regulation while P&Z has expressed a preference for the performance standards approach. We have received two ordinances from cities who regulate the placement of satellite dishes - Normal, Illinois and Carmel-by-the-Sea in California. In the residential zones of Normal, dish antennaes are permitted only in rear yards and are expressly prohibited in front, corner or side yards. The dishes cannot be located nearer than five feet from a side or rear lot line and cannot be placed on an easement. In all other zone districts in that city, dish antennaes are considered to be an "accessory structure and shall be regulated as such." In Carmel-by-the-Sea, the following regulation exists: "Satellite-signal antennae...may be allowed provided that the maximum planar area does not exceed five (5) square feet and that a use permit is granted for the installation. In granting the use permit, the Board of Adjustments shall consider the visual impact of the installation (including mounting facility, if any) and shall require that the antennae be installed behind all setbacks required by this Municipal Code and in a location that will both reduce its visibility from the public way and diminish any danger to neighboring property in the event of collapse or other failure." The approach taken by Normal, Illinois does not function as well here in Aspen because our residential areas may be highly impacted by an improperly placed dish. Examples would be in locations of high visibility or on lots which are occupied by historic structures. Because of the recent Code amendment requiring a building permit, many of the concerns outlined in Carmel's ordinance will be covered by that review process. The County P&Z has just recommended the adoption of a Code amendment (in early March) which allows satellite dishes only by one-step special review in all zones. In the memo to the County Planning and Zoning Commission, the comment was made that "at this time, we can identify no zone district in which we can be sure dishes will not potentially be a problem." It is our opinion that the same constraints exist in the City. Dependent upon the sensitivity in placement of a dish, the siting relative to other land uses, screening, color, etc., a dish can be relatively inocuous or an intrusion. We believe that your review of the placement of such facilities is warranted. Memo: Code Amendment - Satellite Dishes Page Two March 22, 1983 In considering and discussing the concept of specific performance standards or supplementary regulations, we concluded that the review of the placement of a dish and the effective techniques to be employed to make it compatible with its neighborhood are very site specific. Rather than try to second guess the ways in which a site designer can conceal a dish, the conditional use criteria of "the proposed use is designed to be compatible with surround- ing land uses .and uses in the area" should cover the review of specific sites and dishes. Based on the above conclusions, we to draft a resolution recommending dishes be a conditional use in all wile ~ ~~e~_~,% ~_ v recommend that you direct the Planning Office to Council that the placement of satellite zones in the City of Aspens ~, 1 ~ (.,,~ J `i=~_ K~ ~~ FihP10-~97.7FM•iJL~ g ~ ..-, ~,i ~7v,. ; -_ ~ ,. .. ~, _1-~ TE'_tCOMMU!`i;CAJi0N5 ~">~L1,-17E oMPL1ANG`(-C\VNETL=,rpYC~~ HA"`:~N j,,•_'fr -rP;fS 'r'~£='~~~J~~ '~~N: -2~aE:xF~-JSN~_ ~_,JoYG~ 'DIb f~~ ~-~~, i .- Sk'~ ~NAN~ ~-taw~NG tAl.. W1Ttt k. ~, G,'s R~~oM~rJl~rr01~: . -------v'~ fait-LY.~ 1J~ .._ 4 __- -. __ ___.~ .. ._ ~, `~ 1 _ . •~ - \ ' ~ E~~ ~ ~i ~ W k~~ ~ ~ T -1 U `` '• i f~ w~: ~ ~~ - ; I 1~~ q' 1~~~1 itltll i. I ~x'"'~i ~~ i 1 t. ti. `~ LI ~.~:. I ...\ 4... .. , ~("y~~~ lp~~. ~ Ncrt~`.u~~•~-K wt--~ ?~N~'~~~ ~~c~u5~ o~ . - f ~~ .. - ~° ,~. ----• W i _ .~ ~ ~~.• ~ T `. ' ,- ~ ~ - - - ~' ELUTE ._~, _ _ - ~;, ~ Vii= =- ~r_ ~ ~5 u// . , .; - - ~- - y - _ ~: 1 •' • - - - - -_'.~ __ .___ ~. -, ... ~`~ -~a4Lb $~ -~ '~1}T'ELt,IT~ t5 w~~ ,©rt a~>}~ of ~~Eh~t; y Ir !+40.51 ~E~IC~l~114L 51N~ ~ 'C7~NS E55tOP1, ~rNK~uP ,~ ~wWOt11.h $£ ;. ,, e S ", ` . ~~ ~ ~,~:? _ . ~ ;L`~~x '.;{~ X11 ~~ ~ nKN _ ,. ~- ,~ ' r+ov~ ;~ ~. ~ i :^ _ f;„ r ., _ _ ._ _ x~r` w E.D. E( .-~~ _ . i .n... t%- : ~ . ~ ur ad;L~----' _ -- - !' .. ' N/tMRK~TFT 2~18~83 f PUBLIC NOTICE RE: Public Hearing - Code Amendment: Satellite Dishes NOTICE IS HEREBY GIVEN that a public hearing will be held before the Aspen Planning and Zoning Commission on Tuesday, March 22, 1983 at a meeting to begin at 5:00 p. m. in the City Council Chambers of City Hall, 130 S. Galena Street, Aspen to consider the regulation of satellite dish and similar broadcast communications facilities on a zone-by-zone basis within the City of Aspen. For further information, contact the Planning Office, 130 S. Galena Street, Aspen, 925-2020, ext. 223. s/Petty Harvey Chairman Published in the Aspen Times on March 3, 1983. City of Aspen account. CITY 130 r asp 1 U MEMORANDUM DATE: January 13, 1983 TO: Alan Richman FROM: Gary Esary~~ PEN eet 611 RE: KSPN Conditional Use Permit for 322 W. Main Alan, could you please have your staff dig up the old conditional use application file for 322 W. Main that Welton surprised us all with at the satellite dish work session? Obviously, I'll need it for any further meetings with Jeff Sachs. Great job on the satellite dish presentation at Council last night. GSE/mc Q ri rn a v E v a a P O 0 3 a L L V ~~ ~ ~ ~ C K ~ ' ~ C ~ F y ~ w 3 m m '° °' ° e°o•E ~i ~•~ m o a.5 d d".o w w d .a. E u ~ E~ ~ w F q~b '~ u e w o q~ 6'~ ^ m C a m a T 3 owe ao 00 G~ b o ~> w .x3 m a~7 w~ 0. pCp q q o 3 w ~,0. ° g k W ~ w°. a~ y y o p o F~• o~aav a ur ~.q eap, q r ~C '~ a m o m a+ q 7 L"' ~ O ^' ~w+[r ~y C"O a a a N'O o a U '~ `~= N~'C O ld~ a~~+ q~ s~23 m O °~'~F.~3 ~oasa ,C~. ay, O a a .C .O N'O m a a C ~.9:o a ~ w 3 0~ q'K `~Eq`~~s q•pw°1awi = a,~ $ ~O o ~ a E ~ w ,~, m o m..aoo0 ~+ m~a en O dro o".C ~^N 7 ctl '~~ Cso~«q.d c.o3 0 ~ ~ ~'^ a. C m etl w:fl y 7 ty Y.~'fl ~~~'sJd bwom6tio O Na v o.. K C wP G•a y °1x WR1 c.m+' o. 'C 7 [ ~.d a ~ ti.~,~ a 6 0~ mo a~.7377bN ~o.5a y q m w q ~+ 3a+,yn C Q.q .~,a~~ wCC~~G~ db[Fawi aC7w.dc waa+. ,~~~~Ts P. a 0~ `q" ~ K A m g d o .T, re ~ ~.~ ,; m C O w O~ N?C ~,O.A"' ,~ ~ .d .., o a a a ,4 .-..., q~ ~ e~'r~ C 7d ~ 'bb q ~ w.k ~~ psir ~4y ,a ' w 0 a O OL P m m ~^ O a 3 urt Nw 3 m ~ m q O;0 a7 m~.fl J~. S ~. m O d ~ a a~~ a~^ a Y C'd ~ ,. Ym C m .~ ,d Y L ^g ".O m m m ~~ p ~f~ O O wpm°7 ~a'4wmm~C'am° ~i C w ~ o C m~ r,:, 3~ a y m O a a 0~ ~~ ~ OO ~ Y w y O ~ a a+« ,G7 ~ t .~'O ~ ~ m ~ d a.'3 m u p•:. id F ~ ~'w'O '. w '~'u o C ax o •^ . m a ~ q'u'o ~~~~ O .. N O y w w u 0 o.m«~a.os m$ o°'y°'~ qx~- ~ ~ ~a~~x~Ybdd~=mod. cOi ari m.4~~ u O ~ W o C~ .y ~ a~ ~ O ~ ~'~.. 'aa t0 3 y tWu q ~yp]• 00~ d ~ Qdb~ ~ W 4^a~ ~ F wttl y~C F~oyw. ..a.~C d C ~~~~~ a a~ 7X F~Y~~ 0.~ ~~~-' w C Oz Y'q w m'm C~'q" a~j aQ O u'aud d C q~ ~.fl '~ C.~''o 0~~ N'rO bgWW a+m Fa Fw.oq m ::o 'Ox ~ y~q C aob mb .qi ~ a 7 aai w " ~ ~ ~ ~ ~ ~ a '~ ~_ V ~~ '\ .Y ~. .~ ~' / ~' 1 ~ ~ (Ftyy T~ f:a 1 4: r, L€ ~ 4 r ~~~ i~ Li Y~ ~`~.~ 1! MEMORANDUM T0: Aspen City Council FROM: Alan Richman, Planning Office RE: Regulation of Satellite Dishes ~ // DATE: January 4, 1983 APPROVED AS TO FORM: ~ ~` The Planning Office, City Attorney's Office and Building Department have been reviewing the current status of satellite dishes within our zoning and building codes. This examination of our regulations comes at the request of members of City Council, P&Z and HPC in response to the recent placement of a dish on Main Street in conjunction with the KSPN-TV broadcasting station. The review of our regulations shows that neither the zoning code nor the building code currently address satellite dishes per se. The status of our regulations is of concern since the HPC only has jurisdiction over actions which require that a building permit be obtained. Furthermore, at a P&Z work session held on December 28, it was found that substantial life, health and safety concerns can be associated with the location and installation of these facilities which should be subject to building permit review. In response to these findings and concerns, the Planning Office, City Attorney's Office and Building Department propose a two step process for confirming that satellite dishes are within our jurisdiction. First, we bring before you tonight an ordinance which amends Chapter 7 of the Municipal Code to require that a building permit be obtained before the installation of a satellite dish. This threshold measure will give the Building Department the ability to look at questions such as whether any dish blocks fire ingress and egress to a building, whether any dish blocks motorist site distances or is found in a building setback, whether the foundation and wiring for the dish are safe and wind resistant and similar concerns. This measure will also allow HPC to review any future satellite dish installations within our historic districts. We are currently dealing with KSPN-TV to determine whether the existing dish needs to be reviewed as an expansion to an approved conditional use (broadcast stations are a conditional use in the 0 - Office zone). The broader question with which we must deal is whether we want to adopt zoning regulations concerning the installation of satellite dishes citywide and not just in our historic districts. The primary concern expressed at the P&Z work session was the need for performance standards concerning landscaping and other screening measures such that these facilities would not be seen by passers-by. This second regulatory step is currently under staff consideration and will need to pass through P&Z on its way to your final determinations. We recommend that you approve the attached ordinance which will bring satellite dish installation under the purview of building permit review. The appropriate motion is as follows: "Move to read Ordinance ~ Series of 1983. Move to approve on 1st reading Ordinance a.._. ,Series of 1983." SAO,, a CITY ®~~~s'A:SPEN 130, oath galena s~reet aspen, Colorado .8'1611 303- 925,„~202~ . Y- December 23, 1982 Jeffrey H. Sachs, Esq. Sachs, Klein & Seigle 201 North Mill Street Aspen, Colorado 81611 PauIJ.Taddune City Alt orney Cary S. Esary Auistant City Attorney Peggy Carlson Atlministrative Assistant Re: KSPN-TV Satellite TV Reception "Dish", 332 West Main Street Dear Mr. Sachs: The Aspen Planning and Zoning Commission has scheduled a work ses- sion on the above-referenced matter and the possible regulation of satellite dishes in general at 5:00 p.m., December 28, 1982, in the City Council Chambers in City Hall. i understand that you have agreed to attend this work session along with a representative of your client, KSPN-TV, who is know- ledgeable in the matter of the satellite dish and some technical people who will prepared to answer specific questions about this area of technology. I understand also that you will be bringing a proposed landscaping plan for the KSPN-TV dish. This matter has already been discussed briefly at an HPC meeting and at the P&Z meeting of December 7, 1982. You, Colette Penne and I also met to discuss this on December 14, 1982. At this time, you are not conceding that the KSPN-TV dish requires any City approvals and the City is not conceding that it does not. As I~see it, the purposes of the work session are as follows: 1. To gather information with respect to the technology of satellite dishes in general and KSPN-TV's dish in particular (i.e. the minimum technological requirement for size, place- ment, color, screening) and expected new technology (ie. smaller dishes and when). 2. To receive any input from the public, or any other govern- mental agencies, on the KSPN-TV dish or satellite dishes generally. Letter to Jeffrey H. Sachs, Esq. December 23, 1982 Page Two 3. To determine, if a conditional use or HPC submission is made, those issues that should be addressed. 4. To gather information, from a local user of the satellite dish technology, for the possible purpose of new legislation with respect to the dishes. I think we agree, because we are dealing with a developing area of technology and the importance of this matter to the community, that it would be useful to air some facts and opinions on this matter before cur respective legal positions harden. By copies of this letter, I will be informing the HPC, various government departments and the press and would urge that all interested parties attend pate. City Council, of this meeting and partici- cc: Members of City Planning and Zoning Commission Members of City Council Members of City Historic Preservation Committee Wayne Chapman • Curt Stewart City Planning Department City Engineering Department City Building Department Aspen Times Aspen Daily News W ~ ~.A.r~ ~J-~','4L.h ~t~l So'w`-c.. ..~.~R...~s (~~-e .,,o... - \e~wl ~c wo..,n Gkn..1 S,•.Q ...~A .,. -..~2~-2~-A tea. ~ +t~~..., ~S~ AQe\.u.T:a..(~ n(~ -~.-t~^ w..A'~R.A\S ARs, ~atwQ ~-^ e..4....,9:._ A: ..lon~.\,.,` (~n~lcS~.e....al ~o ,~ ~,..ti wo wX- S2-sSi..., \s...s ~-a~~....` ~.aS 4R..~a nA~ ye...e.~,A> $w-.T.o se.s \. ~..qCC -'J ` ,^1 n ~N~~a.O.n O~ SA~E\\.'~'l K.S~S .~ L /~ IA KC \~t~..y , ~wa.S uS `` ` ..~o-.._~~~-e.. .n...~.~` -F-o qv.~C aa.~~S . Cr..e.... . A•.ti ~QQ a'ti \h ~M ~1] \ \ _ \ ~O~~ V~ ~NV1 \.1 O\NN ew.Q,...~\v..[\ TI CNKO TAI\~~ A}~w I ie (.o •...q , t ^ ` Qq~o..t a.~. -trove\y~ . 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A.^L~ n-LSO ~~t.e.af T /..~q..LMI +^~ O V ~+Y~ ~ ~ ~„ t ~ s~P--SLR ~ _ l~ ~ „~-- ~~ ~.,~,~ ~ r~' p"°°.~-~ ~a~~a~ ~g~ .~ ~ 1~PL 4..~,9.~"~~k~_a,,, e,.,o~, ~ ,.~-o..~ fie. 51Q v-` , ar ~ 5.ce.~.. ir~..o_ ~.......~ ~ o.~ «-2 v1 ~pru1 ~ PAZ 1 ~-.o-f~Q .~ ~...cc..,_ r~... ..~.t..~ .~- ..o.-- ~e ~ J ~ ~ l C~ \v. Y. A~ O ~ IQ~S ~ ~~ l ~nS (1. ~i ~t(~ wf.v. ~`~ CQ.a,{' ~I...s_ S.K ~ rw,.w 0.-i Qi''Z hs (.e.~. „u ~ '~, Cock ~,.-- L \,.. 1L.\ a- 0.\~ 1ac5 -4o Q't'Z MEMO FROM GARY S. ESARY • ~~. ~ i° _ December 27, 1982 ~ ~ Y~ ~ ' ,~ Members of P 5 Z: • .' 7i 1I r t : •i `~;:~~ j Attached are copies of file documents ~t•.~ from the KSPN Radio conditional use • ~ application in 1979. These might be • '~' ~ useful to you in determining areas ' ~~~ of inquiry for the work session I scheduled for tomorrow on the KSPN-TV • ~ I satellite dish. ~ ~ / __ ' i cc: Planning Department _ •_ i Jeff Sachs • ~ :' . ' t, . 1 r 1 ~/ ~~/ ~ ~1\LV September 20, 1979 Planning and Zoning Commission c/o Planning Office City of Aspen Aspen, CO 81611 RE: KSPN Conditional Use Public Hearing (Floradora Building, 400 W. Drain Street) Dear Commissioners: KSPN has recently leased 1908 square feet in the Floradora Building, 400 West Main Street, space which has been occupied by the Soft Touch waterbed and furniture store. Soft Touch will vacate the space by the end of September. It is our intention to relocate the KSPN studios to this space, pending approval of the Commission. A few months ago, when we were trying to relocate to the Victorian across Third Street from the Floradora, the City Council amended the code to include broadcasting stations as a conditonal use in the "O" office district. We have since abandoned our project to convert the Victorian. In a telephone conversation on August 24, 1979, Richard Grice of the planning office explained that while KSPN can begin to use the Floradora space immediately for our office functions, a conditional use public hearing will be required before we can begin broadcasting from our new space. Therefore, I hereby request such a public hearing be scheduled before P&Z as soon as possible to consider our application to operate the KSPN broadcasting studios in the Floradora building. Of the 1908 square feet XSPN has leased, we anticipate less than 500 square feet will be used for broadcasting studios, with the remainder to be used for offices. Since the KSPN main transmitter is located on Red Mountain, no "broadcasting tower" with lights, etc., will be installed on or near the building. Rather we plan to install a small mast of minimum height on which we will attach our microwave and auxillary antennae. This mast will be located on the deck area above the second floor at the rear of the building and should not be visible from Main Street. Enclosed are photographs of our existing antenna installation on the elevator penthouse of the Hotel Jerome and a mockup of our proposed installation on the Floradora. In addition, we must install a small television-type antenna on the deck area Recreation Broadcasting of Aspen, Inc. • 330 East Main St., Aspen. Colorado 81611 • (303)925-5776 -~ _-++~,~ --°-~~ ---~~-•_~ ,~..~ r .~- rT;-. :,r ,~:' nom. -,F-,r;'-' ., ~ ~I _ ~ ~ 1 • , '• 1 Planning and Zoning Cummission, page 2 for off-air monitoring of the station. This antenna should not be visible from Main Street. Other than these small antennae, we plan no exterior modifications to the building. Inasmuch radio stations are not retail businesses, traffic from the general public will in all likelyhood be less than that generated by the Soft Touch store. Aside from occasional visits by clients, newsmakers, etc., most of the activity in a radio station involves only the employees of the station. In fact, one of the advantages to KSPN in relocating to the Floradora will be the virtual elimination of wayward traffic. Conditions in the basement of the Hotel Jerome - our present location - have deteriorated to the point where a move of the station's studios and offices is literally essential to the well being of the staff. - In addition to the obvious disadvantages of working under- ground., numerous electrical and plumbing problems have repeatedly disrupted our operations and contributed to the discomfort of the station's employees. KSPN's relocation project was, in fact, originated by the staff, who petitioned the owners to support the move. Since we expect KSPN's move will have low-impact on the neighborhood and is in general computable with the "O" district, we hope P&2 will give prompt and favorable consideration to our application so that we may install our studios before the beginning of the winter season. Si cerely, James T, rigl General Manager Encl: Floradora Building plans Photographs of present and proposed antennae mast JTStih ~ ~ ~• + ~ f • _ ~ ~ .. ' ' . 1 ~~ f ~` ,; .E- ASK • ~ KSPN apparatus on elevator penthouse of Hotel Jerome Top unit is auxillary antenna. 'Bottom unit is microwave dish. ~~ ___, ~_ ~.. ~._ , • ,\ r r •~ NOTICE ~ ~~ ~~ / Re: KSPN Conditional Use Hearing ' NOTICE IS HEREBY GIVEN that a public hearing will be held before the Aspen Planning and Zoning Commission on Tuesday, October 23, 1979, at a meeting to begin at 5:00 P.M. in City Council Chambers, 2nd Floor, City Hall, 130 South Galena, Aspen, to consider a conditional use application filed by KSPN for the operation of a broadcasting studio in the Floradora Building (400 West Main Street). Further information may be obtained at the Planning Office, 130 South Galena, Aspen, 925-2020, ext. 225. , s Olaf Hedstrom la Hedstrom, Chairn~an Aspen Planning and Zoning Cormission 4 ,mot-~°: s!i +. - ~ , F.; •( . ~ { ,i f ~ ~ . ~ fof~ S CTS (_-1 ST Z? ~~=~, - Noo~t/ ~S P~1 ~o~.~~TiD~l~t- vs~" /f~l~~~v~ /0~ BLOCK 28 Stapleton, William C. Jr. and Lauiva P. P. 0. Box 676 Aspen, Colo. 81611 Parker, Barbara B. 523 W. Francis St. Aspen, Colo. 81611 Clark, William G. and Lyn H. Box 11240 Aspen, Colo. 81611 Shafroth, John F. and Diana H. 620 Boston Bldg. Denver, Colo. 80202 Deane, Wyrick G. and Doane H. P.O. Box 240 Aspen, Colo. 81611 Christopher, Frank E. II Box 8449 Aspen, Colo. 81611 Clark, C. M. Box 566 Aspen, Colo. 81611 P _- .. _ . .. . . . , . . , . ,. BLOCK 31 Christiania-of-Aspen 501 West Main Aspen, Colo. 81611 Boomerang, LTD 500 West Hopkins Aspen, Colo. 81611 BLOCK 30 Fergus, Elizabeth Dawson Box 1515 Aspen, Colo 81611 Petrequin, Sara Louise 24500 Community Drive Cleveland, Ohio 44101 MacDonald, Bette S. 15 Blackmer Road Englwood, Colo. 80110 Ullr Lodge, Inc. A Colorado Corperation 520 West Main Street Aspen, Colo. 81611 Ilgen, Clark W. and Eillen L. 518 West Main Street Aspen, Colo. 81611 Ruggles, Donald H. and Madelyn F. Box 34 Aspen, Colo. 81611 BLOCK 36 Kerrigon, John and Patricia 12605 Leavenworth Way Omaha, Nebr. Hollom St. Condos. Woodall W. Lucas Chalfont, Marguarite P. 0. Box 1211 Aspen, Co 81611 Jenkinson, Frank Eoxle and Marjorie P1 P. 0. Box 483 Aspen, Co 81611 Weaver, Mary ;Int. Weaver, John F. Jr. ~ Int. 442 W. Sleeker Aspen, Co 81611 ~d~lpr,~~ ~r ~• 1117 St. ~~~ ~Izc e ~~- ~6 {...~5~ ~ X 77D5~ ~3 ox 1/~3 8 ~~ Co $ Ib l l 4 BLOCK 37 Strandberg, John J. 410 W. 49th Terrace Kansas City, Missouri 64112 Helms, Maude H. 3003 Yale St. Rm 106 Houston, Texas 77027 beck, Mrs Alma 430 West Main St. Aspen, Co 81611 Comcowich, Wm. L P. 0. Box 1187 Aspen, Co 81611 Corinthia Corp. P. 0. Box 941 Aspen, Co 81611 and•Patricia M. CUNI7 /}~ .~_ e.__ i BLOCK 38 Perkings, Mary. E. P. 0. Box 709 Aspen, Co 81611 BLOCK 43 Scheid,Margurite Box 4866 Aspen, Colo 81611 Prior, Sharon M. Box 656 Apsen, Colo. 81611 Jones, Vivienne Estelle Box 317 Aspen, Colo. 81611 Maxwell, Raymond W. and Ruth J. 200 North Third Aspen, Colo 81611 Fultz, Wilford B. 2500 Fort Worth National Bank Bldg. Fort Worth, Texas 76102 Clark, C. M. Box 566 300 W. Sleeker Aspen, Colo. 81611 -- _ BLOCK 44 Whyte, Ruth P. 0. Box 202 ' Aspen, Co 81611 ' ~ilecreation Properties CK$~/l.( ~ aj~j~. W ~ /~A/~l,( % 8 (~( Copper Horse Associates A Colo Gen Portsp. P. 0. Box 4948 Aspen, Co 81611 Elisha, Svea F. 320 West Main St Aspen, Co 81611 Fink, Le?o,/ N. and Giadys C. Box 31 R.R. 6 Edwordsville, I11 62025 a BLOCK 45 Herron Apts 333 W. Main St Aspen, Co 81611 Baxtel, J. Sterling P. 0. Box C Aspen, Co 81611 Tox Corp. 311 West Main St Aspen, Co 81611 Brown, Ted V. and Sylvia H. 230 Bunker Hill Rd. Houston, Texas 77024 Shadow View Condo. Clark C. M. P.O. Box 566 Aspen, Co 81611 _~~Aspen A's Condos ~ ~ S' '. IoW 11-~~I vu~T A ct2ow~~ Y SUS ~ , ~O~ S. Ca RE~1wc~D AJE I C~UMt3IPt ~o ~/Zo/ c9NIT 8 S ~i p ~. ~ 'gA fz i3~l~e~ c~ . ' 314 kJ, I'--Fo~+.PSmV W ~+A2r~~NDi W-Sc 53oZ~ UNIT C NA2PER~ ~is~~~~~ BX I tYl alp P~sPs=-ri1 CD 81/ ( I /1~rP~-r1 A I ~~' Pqu~Erzs~a~ RA , ~tx H Esr~ ~Y 14~ (~' -~ K A H~J~ M A~->1~l ~f ~ v~irt ? Fax, 338 '°~„'~ ~p~-riJ Co ~ (~ i ~ • UNIT D w I Cl< ~ ~~oT~{'( r BX 34 / 3 /srsps~J co 816 f I . __._. - -.~. _ a-~. ..n. c' , i / . _ t.`-.. - - V • ' .. _. • ~ .~ 1 MEMO~DUM TO: Richard Grice, Planning Office ,/1 FROM: Daniel A. McArthur, City Engineer RE: KSPN Conditional Use Application DATE: October 18, 1979 After having reviewed the KSPN conditional use application, the Engineering Department recommends approval subject to the applicant having six parking spaces assigned to KSPN as per section 24-4.5 of the Aspen Municipal Code. ' ` _x... ._ a _. . , .. 1 , ~I .. S MEMORANDUM T0: Aspen Planning and Zoning Commission . FROM: Richard Grice, Planning Office RE: KSPN Conditional Use - Public Hearing DATE: October 19, 1979 This is a public hearing to consider a request which has been made by KSPN for conditional use approval of their plans to relocate in the Floradora Building which is zoned "O" Office. You will recall that the t4;micipal Code was recently amended to include Broadcast Studios as a conditional use in the Office zone. At that time, the Planning Office felt Broadcast Studios might be an appropriate use in the Office zone due to the fact that the true nature of the business is more similar to office uses than to any other uses. A radio station, in fact, operates most similarly to an advertising sales office. In this particular case, the space KSPN intends to lease will be 1908 square feet. Of that total only 500 square feet will actually be used for broadcasting studio facilities. The remainder will be used as office space which is a permitted use in the zone district. The Municipal Code requires that conditional uses shall be considered "(1) only for structures which have received historic designation, (2) for no more than two such conditional uses in each structure, and (3) only when off-street parking is provided with alley access for those conditional uses along Main Street." The Floradora Building is of course, located on Main Street and therefore, prior to grdnti,ng conditional use approval the Commission must determine that all three of the above mentioned conditions have been met. In this case, the Floradora does have historic designation, it contains only one other conditional use at this time as the KSPN will be replacing a previously approved conditional use known as the Soft Touch, and off street parking is available with access from the alley. The City Engineering Department recommends approval subject to six parking spaces being reserved for KSPN. The City Attorney recommends approval without condition. At this time, the Planning Office recommends approval of the conditional use request for location of KSPN in the Floradora Building subject to all representations in their letter of September 20, 1979, vrhich is attached far your review. "~•••••».»e~e..".»... RECORD OF PROCEEDINGS "• ~ecial tQectinq Aspen Plnnninq and 'Loninq Connnis^ion October '~3 1)79 oe Aspen Planning and Zoning Commission held a special meeting on October 23 , 479, at 5:00 PM in the City Council Chambers.- Members present were Olof Iedstrom, Eger Hunt, LPelton Anderson Na resent were Karen , ncy FcDonnell, Lee Pardee and Perry Harvey. Also Smith and Sunny Vann of the Planning Office Cit Attor , y ney Ron lock, flousinq Director. Jim.Reents and City Engineer Dan McArthur. ~proval of Minutes Hunt moved to approve the minutes of September 4 with cor- rections and the minutes of September 11 as presented , McDonnell seconded: All in favor, motion approved,. ~j 8rm<issionmember Pardee noted he attended the last Council meeting. After ' s®ents come discussion, the Council agreed a moratorium on the •• eondominiumization of lodges and hotels was necessary. Thev• felt • they need to meet with the .lodging community to find - , a mechanism for financing the upgrading of lodges. He said half the Council felt the lodge owners have the right to do ~ aaything they want and half felt that condominiu.•n_zation • .Jaould result in a Iossof tourist accommodations and the lodge; experience would be diminished by separate ownership. raaty Corral :vi w f O _ ~ Smith said this is a hearing that P&Z scheduled when the `i e o peration blic Hearin s Colorado Taxi .Company was allowed to use the facilities for ~ st g orage. This hearing was a condition of the approval. The P&Z must determine if the-use is operating as proposed. _ ~ Other conditions included daily cleaning of_the stalls no "~ - , maintenance or repair of the horse cart on site,. no more { th t an wo taxis on the property at one time and the Taxi - - j Company shall not occupy more than two stalls yet be respon- sabl f th - `i e or e service maintenance of the structure.- The Planning Office has . not received anX complaints on the opera- tion. , - Hedstrom opened the public hearing.. ~ ., . `, - County Manager George Ochs 'said they had not received any - Co3aplain}s. ~? ~ _ 4 • ... :_ ~ Hedstrom closed the public hearing.. .e: Hunt moved to approve the continuance of use of the~County '~ • - Corral as previously approved with all the previous cor_di- 1 bo . ~~ ns except for the one requiring review, Pardee seconded. All in favor motio , n approved. .. ~ 'N '' - iditional IIse An~erson stepped down from his position on the commission ~~ due t ~lic Bearing o a conflict of interest. - - Smith introduced the application. KSPN wishes to locate r their office in the Floradora Building. ;Broadcasting sta- bons are a conditional use. in thiAs`zone:`J°She recommended the approval be conditioned on all the representations made i 'th ._ n e KSPN application letter. ~ - - Hedstrom opened the public hearing. Hedstrom asked about the six parking spaces requested by - ~ Engineering. JT Shrigley, representing KSPN, said there are t . ' three spaces in the underground garage reserved for Y.SPtd • • . There are also spaces in the back of the building. McArtfi=r ~ said there a 3 • ••'• • • re paricing.spaces•per 1000 square feet of of- fir ~ e space, total of six required: . ••. ' ' Sedstrom closed the public hearing. '• ; • ~ . j+leDonnell suggested conditioning their approval on the letters • ' Of application and changing the "should's" to "will's" ' _ ' . Suet felt the IIPC should review and approve the height and i _ mpact of tlxe proposed antenna. Wells recalled that the PsZ , did require a ce t i • r a n number,of parkinq spaces per office .8pac~ in the approval of the expansion~of the Floradora . ' ' . . • ~• ' . -. j ~ecial Meeting Aspen Planning and Zoning Commission October 23, 1')79 Hunt moved to approve the conditional use of up to 600 square feet of the Floradora.Building for broadcasting Studios provided that, concerning the antenna system, ' 1) initial height, size and design are as represented by the applicant's le*_ter of September 20, 1979, and the HPC, ' assisted by the Engineering_and Building Departments, shall •• .have review and•approval authority so as to minimize the - visual impacts on Main Street and minimize the visual impact. for the neighboring residence as much as is practical, and 2) any increase in height or any increase in visual area greater than 103 of the originally approved design shall require HPC approval. Otherwise, the application is in cor_- formance with the principles of the Main Street uses under the existing zoning code and has no forseeable impact on land use or public good, bIcDonnell seconded. All in favor, ; motion approved._ •,;~ ~er5on resumed ha.s pose ion .on the. commission - -1 TV, ~nditional Use ablic Heazing 3P Commercial ~plications for 379, Public :acing tax Mountain ssociates Building Vann introduced the application. A-1 TV wishes to locate in' the Trueman Neighborhood Commercial Center. They recuest approximately 1000 square feet in the basement. level. The j SPA plan allows this use as~a conditional use. The~P fanning' Office recommends approval.' ~ •, } .YHuat felt it would only be-appropriate if sales and-repair QV.IYi • `. •~ li Sedstrom opened the public hearing. There were no comments. Hedstrom closed the public lieazing. Hunt moved to approve the conditional use of a TV gales and service facility in space 3'of the.Trueman Neighborhood Commercial Center as such use is consistent with the ap- ~( proved NC and S/C/I plan, Pardee seconded. All in favor, motion approved. +t '~' - Hedstrom explained the procedure for the benefit of~ the new P&Z members. Reents explained the criteria for evaluation. The Commission heard the applicant's presentations of their Projects. .< - _ }15hley r'lnderson, representing the applicant, introduced Jack Lawlor, architect for the project. The site is across froLn Little Nell on Durant. He felt this is a very impor- ' tent portion of the commercial core. The Aspen A's will be torn down which he felt was:an improvement to the City scape He asked that they disregard the HPC results. •. Hunt noted some open space-between the two buildings and asked•if they owned the property. Anderson said t?tey do own.:the property. Hunt asked if they intend to develop the ~ property in the future, Anderson said yes. Anderson noted ii they could build up to 18,000 square feet and they are building 13,500. The open space is above the required. He Anted they will give the existing tenants priority for space in the new building. ell Mountain Sports cob Sterling, architect, gave the presentation. They are • ~ modifying the facade of the-building and adding a second ' .Story. He felt, they were cleaning up the lines of the -- .building and noted it would serve as an example for the ' building to be built between Bell !`fountain Sports and the • ~ ', ' ~. Crystal Palace in a few years. . ~icure Jerry McCarthy made the presentation.. He stated th~o bui.ldir was designed to allow the existing Epicure to dominate the - block. He felt the open space courtyard was an important part of the building. There is employee housing nn the second floor. Fle noted the landscape plan for the open - •••space. Fle noted they are considering a pedestrian access