HomeMy WebLinkAboutcoa.lu.ca.Satellite Dish.1983Satellite Dish -Code Amend
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MEMORANDUM
TO: Aspen City Council
FROM: Colette Penne, Planning Office
RE: 2nd Reading - Ordinance 19, Satellite Dishjje
DATE: May 23, 1983 APPROVED AS TO FORM: / Gf !�
U
A copy of the Planning Office memo of,,April 25,V1983
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."
•
•
TO:
FROM:
RE:
DATE:
MEMORANDUM
Aspen City Council
Colette Penne, Planning Office
Code Amendment - Satellite Dishes
April 25 1983 APPROVED AS TO FORM: <<�
Ordinance 1, Series of 1983 was adopted on February 14, 1983 and brought l /
satellite dish installation under building permit review. T6's 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 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 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.
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 ig' "
2. "I move to approve Ordinance lg "
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Colette Penne, Planning Office
RE: Code Amendment - Satellite Dishes
DATE: March 22, 1983
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 recommend that you direct the Planning Office
to draft a resolution recommending to Council that the placement of satellite
dishes be a conditional use in all zones in the City of Aspen, 1vN A -i
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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/Perry Harvey
Chairman
Published in the Aspen Times on March 3, 1983.
City of Aspen account.
•
C]
CITY OF ASPEN
130 south galena street
aspen, colorado 81611
303-925 -2020
MEMORANDUM
DATE: January 13, 1983
TO: Alan Richman
FROM: Gary Esary
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
• 0
Page 18-C The Aspen Times January 13, 1983
Regulation of satellite dishes
discussed by PZ commission
Should satellite reception dis-
hes be regulated in Aspen, and
how best to regulate them, were
among questions discussed by the
planning and zoning commission
at a study session Tuesday.
In addition, the group discussed
if it could regulate a satellite dish
recently installed by KSPN west
of its house at the corner of Main
and Third by calling it an exten-
sion of a conditional use and thus
subject to review.
During the discussion PZ mem-
bers agreed with Jeff Sachs, a
KSPN attorney, that satellite
dishes w(.uld become more preva-
lent as technology improves and
prices are reduced and should be
regulated.
However, Sachs said he did not
think that existing codes could be
scaping or a fence.
However, she explained, cost of
cable at $17 a foot and amplifiers
needed to maintain the signal
would prevent locating the dish at
a distance from the broadcast
equipment.
During the discussion several
area residents had suggestions for
minimizing the impact of the
KSPN dish and dishes in general.
These included locating them
out of town, placing them inside
existing buildings, building
structures around them, placing
them below ground level and sc-
reening them with fences.
Sachs suggested the city could
amend its historic preservation
ordinance to require review for
such dishes in historic districts.
Assistant City, Attorney Gary
Esary said his office was studying
ways to control parked trailers,
campers, boats and other equip-
ment, as well as -satellite dish
Assistant El ngineer Jay Ha
mond pointed out that the KSPN.
dish could be controlled since it
had been installed on the city
right of way.
No decisions were made during
the general discussion.
January 20, 1983 The Aspen Times Page 7-A
City n Wc% satellite receiver permit law
In an effort to begin regulating
installation of microwave satel-
lite dish receivers, Aspen's city
council adopted an ordinance last
week requiring building permits
for such antennas. Numbered one,
series of 1983, the ordinance
amends the code to define such
antennas and to require a build-
ing permit for such "satellite
radio frequency signal reception
and transmission devices," and
was approved on first reading.
Adoption of the ordinance was
recommended by the planning of-
fice after discussing the question
with the planning and zoning
commission at a study session
three weeks ago.
In addition, installation of a
satellite receiving dish adjacent
to the KSPN office at the corner of
Main and Third in the Main
Street Historic district was dis-
cussed at several recent sessions
of the historic preservation com-
mittee.
A memo from the planning of-
fice told the council that a "review
of our regulations shows that
neither the zoning code nor the
building code currently addresses
satellite dishes."
"The status of our regulations is
of concern since the HPC only has
jurisdiction over actions which
require that a building permit be
obtained," the memo explained.
Safety Concerns
"Furthermore, at a P&Z work
session held on Dec 28, it was
found that substantial life, health
and safety concerns can be as-
sociated with the location and in-
stallation of these facilities which
The first step in the process of
better control for the satellite re-
ceiving dishes would be ordinance
one, requiring a building permit,
continued the memo.
"This threshold measure will
give the building department the
ability to look at questions such as
whether the dish blocks fire in-
gress 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," the council was
told.
In addition, the ordinance re-
quiring a building permit for the
dishes would permit the HPC to
review any future installations
within historic districts, it was
explained.
KSPN Dish
The city is currently examining
the KSPN dish to determine if it
was an expansion of a conditional
use. Broadcast stations are a con-
ditional use in the O-Office dis-
trict, and thus subject to review,
the planners added.
A broader question which
should be studied after adoption of
ordinance one is whether the zon-
ing code should be amended to
provide regulations governing in-
stallation of satellite dishes in
other parts of the community.
"The primary concern expres-
sed at the P&Z work session was
the need for performance stan-
dards concerning landscaping and
other screening measures ..
added the planners.
The second step of amending
the zoning code is now being
studied and would need to go
through P&Z review before going
to the council for final determina-
tion, concluded the planners.
0
•
•
TO:
FROM:
RE:
DATE:
MEMORANDUM
Aspen City Council
Alan Richman, Planning Office
Regulation of Satellite Dishes
January 4, 1983 APPROVED AS TO FORM:
� d
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 I , Series of 1983.
Move to approve on lst reading Ordinance --- , Series of 1983."
• •
CITY OFAISPEN
130 south galena street
aspen, colorado .8*1611
303-.925 �020
December 23, 1982
Jeffrey H. Sachs, Esq.
Sachs, Klein & Seigle
201 North Mill Street
Aspen, Colorado 81611
Paul J.Taddunc
City Attorney
Gary S. Esary
Assistant City Attorney
Peggy Carlson
Administrative 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 our respective legal positions harden.
By copies of this letter, I will be informing the City Council,
HPC, various government departments and the press of this meeting
and would urge that all interested parties attend and partici-
pate.
•
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
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CITY OF ASPEN
MEMO FROM GARY S. ESARY
December 27, 1982
Members of P & Z: •
Attached are copies of file documents
from the KSPN Radio conditional use
application in 1979. These might be
useful to you in determining areas
of inquiry for the work session
scheduled for tomorrow on the KSPN-TV
satellite dish.
cc: Planning Department
• Jeff Sachs
• 1P
y
97.7
FM STEREO
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. Main 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 KSPN 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
f,
• •
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 compatable with the "O" district, we hope P&Z
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
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KSPN apparatus on elevator penthouse of Hotel Jerome
Top unit is auxillary antenna.
Bottom unit is microwave dish. \
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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.
L.sL Olaf Hedstrom
Olaf Hedstrom, Chairman
Aspen Planning -and Zoning Commission
i.
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BLOCK 28
Stapleton, William C.
Jr. and Louiva 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
•
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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
is
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. 2 Int.
442 W. Bleeker
Aspen, Co 81611
5"eye T64,/4 a amd-
1-1I1 5t. jewm plac en
'�tm. 0
44ms�&, 1 K 77056
Boy, I/4-38
ka&v-�' Co Sib[(
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. and -Patricia M.
P. 0. Box 1187
Aspen, Co 81611
Corinth -;a Corp.
P. 0. Box 941
Aspen, Co 81611
Cc" iT ,B)
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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, Uivienne 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. Bleeker
Aspen, Colo. 81611
BLOCK 44
Whyte, Ruth
P. 0. Box 202
Aspen, Co 81611
*ecreation Properties 0�$PA.J
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?oj M. and Gladys C.
Box 31 R.R. 6
Edwordsville, I11 62025
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BLOCK 45 CPZI,0( E Y SuE A-k
Herron Apts '"�- l S. FCMwcDD
333 W. Main St
Aspen, Co 81611 C�U��I i� �UjZO f !
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Baxtel , J . Sterling ('N I T B .
P. 0. Box C
Aspen, Co 81611 S e(p EL)
Tox Corp.
311 West Main St
Aspen, Co 81611 1+A2rLA,AJD j IA/ PSC 4
S3 oZ I
Brown, Ted V. and Sylvia H.------------
230 Bunker Hill Rd. OMIT C
Houston, Texas 77024
Shadow View Condo. �iARp�) �rSCf LLA i
Clark C. M.
P.O. Box 566 U
Aspen, Co 81611
spen A's Condos-
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MEMORANDUM
TO: Richard Grice, Planning Office
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.
0
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MEMORANDUM
TO: 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 "0" Office. You will recall that the Municipal 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 Plain Street."
The Floradora Building is of course, located on Main Street and therefore, prior
to granting 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, which is attached for
your review.
RECORD OF PROCEEDINGS •'
)ecial Meeting
Aspen Planning and Zoning Cornnission October 23, 1979
w Aspen Planning
and Zoning Commission held a special meeting on October 23,
179, at 5:00 PM in
)ger Hunt, Welton
the City Council Chambers. Members present were Olof Iedstrom,
Anderson, Nancy
'esent were Karen
McDonnell, Lee Pardee and Perry Harvey. Also
Smith and Sunny Vann of the Planning Office, City Attorney
:ock. Housing Director.
Ron
Jim. Reents; and City Engineer Dan McArthur.
groval 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,
Maissionirember
Pardee noted he attended the last Council meetin .
q After
gents
some discussion, the Council agreed a moratorium on the
•
'
condominiumization of lodges and hotels was necessary. They-
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
'
_ Anything they want and half felt that condominiumization
would result in a lossof tourist accommodations and -the lodge
= experience would be diminished by separate ownership.
aaty Corral
view
Smith said this is a hearing that P&Z scheduled when the �
of Operations Colorado Taxi.Company was allowed to use the .facilities for
blic Hearing
storage. 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
- -
than two taxis on the property at one time and the Taxi -
Company shall not occupy more than two stalls yet be respon- '
•
Bible for the service maintenance of the structure.' The
Planning Office has -not received anv complaints on the opera-
tion. . �.
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N
,ditional Use
lic Bearing
•
Hedstrom opened the public hearing.• r
County Manager Georg& Ochs'said they had not received any
complaints. .c
Hedstrom closed the public hearing. �=
Hunt moved to approve the continuance of use of the County
Corral as previously approved with all the previous condi-
tions except for the one requiring review, Pardee seconded.
All in favor, motion approved_
Anderson stepped down from his position on the commission
dLe to a conflict of interest.
Smith introduced the application. KSPN wishes to locate
their office in the Floradora Building. Broadcasting sta-
tions are a conditional use in this zone -.`She recommended �
the approval be conditioned on all the representations made
in"the KSPN application letter.
Hedstrom opened the public -hearing. I
$edstrom asked about the six parking spaces requested by
Engineering. JT Shrigley, representing KSPN, said there are !
three spaces in the underground garage reserved for y.SPt1.
There are also spaces in the back of the building- McArthur
• said there are 3 parking spaces -per 1000 square feet of of-
fice space, total of six required. .
Hedstrom closed the -public hearing.*
-
XcDonnell suggested conditioning their 'approval on the letter►
Of application and changing the "should's" to "will's".
Hunt felt the IIPC should review and approve the height and !
itrpact of ttie propo:_:cd antenna. Wells recalled that the P&Z
did require a certain number ,of* parkinq spaces per office
•spacQ in the approval of the expansion -of the Floradora.
iecial Meeting Aspen Planning and Zoning Commission October 23, 1979
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 letter 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 10% 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, McDonnell seconded. All in favor,
motion ap Droved.
deison resumed his position .on the commission
•1 TV,
Vann introduced the application. A-1 TV wishes to -locate in;
)nditional Use
the Trueman Neighborhood Commercial Center. They request
iblic Hearing
approximately 1000 square feet in the basement. level. The I
,.:
SPA plan allows this use as,a conditional use. The Planning
-
Office recommends approval.' }
;_r,.• •_,
Hunt felt it would only be appropriate if sales and ' repair
occur. •r _.
�r;.;,•.:
Hedstrom opened the public hearing. There were no comments.
Hedstrom closed the public hearing. -
•
Hunt moved to approve the conditional use of a TV sales and
`
service facility in space, 3,of the. True -man 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.
EP Commercial
Hedstrom explained the procedure for the benefit of- the new ,
iplications for
P&Z members. Reents explained the criteria for evaluation.
179, Public
The Commission heard the applicant's presentations of their
:acing
projects.
pax Mountain
Ashley Anderson, representing the applicant, introduced
-,sociates Building
Jack Lawlor, architect for the project. The site is across
from Little Nell on Durant. He felt this is a very impor-
tant 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 they do
Own•:the property. Hunt asked if they intend to develop the �
property in the future, Anderson said yes. Anderson noted !�
they could build up to 18,000 square feet and they are
building 13,500. The open space is above the required. He
noted they will give the existing tenants priority for space
in the new building.
11 Mountain Sports
Bob 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 Mountain Sports and the �
• `.
Crystal Palace in a few years.
icure
Jerry McCarthy made the presentation.. He stated th.a bui.ldin
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 on the
second floor. fie noted the landscape plan for the open
.•'space. IIe noted they are considering a pedestrian access