HomeMy WebLinkAboutcoa.lu.cu.Gap Satellite Dish.A64-93Gap Cond. Use for Satellite Dish
A64-93 2737-073-40-001
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 10 29 93 PARCEL ID AND CASE NO.
DATE COMPLETE: 1 2737-073-40-001 A64-93
STAFF MEMBER: KJ
PROJECT NAME: Gap Conditional Use Review for Satellite Dish
Project Address: 204 S. Galena
Legal Address: Lots A, B & C, Block 94
APPLICANT: The Gap, Inc., Jenn Pais 415-952-4400
Applicant Address: 900 Cherry Av., San Bruno, CA 94066
REPRESENTATIVE:
Representative Address/Phone:
Aspen, CO 81611
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FEES: PLANNING $ 942 # APPS RECEIVED 2
ENGINEER $ # PLATS RECEIVED
HOUSING $
ENV. HEALTH $
TOTAL $ 942
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: X 2 STEP:
P&Z Meeting Date 2 PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
CC Meeting Date
DRC Meeting Date NLL�:
PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
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REFERRALS: Q
City Attorney
Parks
Dept.
School District
City Engineer
Bldg
Inspector
Rocky Mtn NatGas
Housing Dir.
Fire
Marshal
CDOT
Aspen Water
Holy
Cross
Clean Air Board
City Electric
Mtn.
Bell
Open Space Board
Envir.Hlth.
ACSD
Other
Zoning
Energy
Center
Other
DATE REFERRED:
INITIALS:
'
DUE:
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FINAL ROUTING:
DATE
ROUTED: INITIAL:
City Atty City
Engineer
Zoning
Env. Health
Housing Open
Space
Other:,,_
FILE STATUS AND LOCATION:
0 0 f ad
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE
APPROVAL OF A CONDITIONAL USE FOR A SATELLITE DISH ANTENNA
FOR THE GAP, LOCATED AT 204 S. GALENA (LOTS A, B & C BLOCK 94)
TOWNSITE OF
Resolution No. 93-
WHEREAS, pursuant to Section 24-5-209 C.7. of the Aspen
Municipal Code (Commercial District) and Zoning Commissionlas
antennas may be approved y the Planning
conditional uses in conformance with the requirements of Section
24-7-304; and
WHEREAS, the Planning Office received an application from
The Gap clothing store for a Conditional Use review for a 1.2 meter
satellite dish antenna on the roof of the building; and
WHEREAS, the subject dish antenna o albeen use installed
nstaapprol diwit out
a building permit and required Condit
der
to be legally permitted; and
WHEREAS, the Historic Preservation Committee determined t-hat
review of the dish antenna was not necessary; and
WHEREAS, the Planning Office reviewed the Conditional Use
proposal and recommended approval with conditions; and
WHEREAS, during a public hearing at a regular b aeeting n
December 7, 1993 the Planning and Zoning Commission approvedY
5-0 vote the ConditionalUse
recommended byeGap satllite the Planni ng Offaceh
antenna with one condition
NOW, THEREFORE BE IT RESOLVED by the Commission:
That The Gap Conditional following Useforconditiometer satellite dish antenna
is approved with
1. All material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning Commission shall
lbess adhered otherwise am nded byand lother
conditions of approval, un
conditions.
APPROVED by the Commission at its regular meeting ;-.1 Decemb r 7,
1993.
Attest:
Jan Carney, Deputy City Clerk
1
Planning and Zoning Commission:
W. Bruce Kerr, Chairman
MEMORANDUM
TO: Planning and Zoning Commission /tA
FROM: Kim Johnson, Planner
RE: The Gap Conditional Use for
Sate, ite Dish Antenna -
Public Hearing
DATE: December 7, 1993
SUMMARY: The Planning Office recommends approval of The Gap
Conditional Use for a 47" roof mounted satellite dish antenna
with one condition.
APPLICANT: The Gap, Inc.
LOCATION: 204 S. Galena, Lots A,B & C, Block 94
ZONING: CC (Commercial Core)
APPLICANT'S REQUEST: The applicant requests Conditional Use for
a 47 inch (1.2 meter) satellite dish antenna which is already
mounted on the roof of The Gap building. The applicant has
submitted roof plans and elevation drawings. See Attachment "A".
PROCESS: The Planning Commission shall make a determination on the
Conditional Use for the satellite dish antenna.
REFERRAL COMMENTS:
Historic Preservation Committee (HPC) - The HPC looked at the dish
antenna and does not require review.
STAFF COMMENTS: The Zoning Officer issued a red tag for the dish
which was placed on the roof in late October. In order to resolve
the red tag, a conditional use approval must be obtained.
Conditional Use Review Criteria: The Commission has the authority
to review and approve development applications for conditional uses
pursuant to the standards of Section 7-304:
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive Plan,
and with the intent of the Zone District in which it is
proposed to be located.
RESPONSE: The AACP dos not specifically address satellite dishes.
The CC zone district does not apply any special requirements on
these antennae.
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed for
development and surrounding land uses, or enhances the mixture
of complimentary uses and activities in the immediate vicinity
of the parcel proposed for development.
RESPONSE: This communications antenna is typical for commercial
business for the surrounding commercial area.
C. The location, size, design and operating characteristics of
the proposed conditional use minimizes adverse effects,
including visual impacts, impacts on pedestrian and vehicular
circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties.
RESPONSE: The 47" diameter dish is not visible from the street and
does not impact any surrounding properties any more than standard
roof top mechanical equipment.
D. There are adequate public facilities and services to serve the
conditional use including but not limited to roads, potable
water, sewer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services,
drainage systems, and schools.
RESPONSE: Not applicable.
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use.
RESPONSE: Not applicable.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan
and by all other applicable requirements of this chapter.
RESPONSE: No requirements for dish antennas are set forth in the
AACP or any other zoning regulations. Appropriate building permits
may be required.
STAFF RECOMMENDATION: Planning recommends approval of The Gap
Conditional Use for a 1.2 meter roof mounted satellite dish antenna
with the following condition:
1. All material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other
conditions.
2
RECOMMENDED MOTION: "I move to approve a Conditional Use for a
1.2 meter satellite dish antenna on the roof of The Gap building
located at 204 S. Galena with the condition recommended in the
Planning Office memo dated 12/7/93."
Exhibits:
"A" - Roof Plan
I
• PLANNIi.& ZONING COMMISSION
EXHILT A_, APPROVED
19 BY RESOLITTTON
QAWTridom Standalone Site Survey Form Page 3(9-"
Section 6: Drawing of Satellite, Antenna, and Cable Point of Entry Locations.
The following items must be shown with symbols and requested information. Label each option.
Line AmplifierLocation
Antenna Location With Line Of Sight — -CD- —
O and Distance From Two Walls With Location Described
Building Diagram External Power Supply Location
With Location Described
N
_ XXI _ Cable Path With Distances
® Penetration Magnetic North
ST -file, I
Antenna Height Above Ground Level: Opdon 1 Zd ft. Option 2 fL
Rnn Mf CATnTT{>) WJn CTM CTV P a7ir bni. vW.T rs. • s.T .0 1— nn
IOCT 22 '93 15:52 FROM MIS 950 ELM 1FL WEST TO 13039205197 PAGE.001i001
A P
f •
October 22, 1993
Ms. Kim Johnson
The City of Aspen
1330 South Galena 012 I
Aspen, CO 81611
TRF 61AP, INC.
Dear Ms. Johnson:
f40 CHERRY AV
SAN RROMO On October 22, 1993 a gentleman from The City of Aspen's
CA 94066 Planning & zoning Office stopped by our GAP store located at:
TELEPHONE
204 South Galena
4),S *52 4400 Aspen, CO 81611
FAX
415 062 4069 and informed the store manager that The Gap Inc. needed to
stop the installation of a satellite dish on the roof, and
complete the necessary paperwork for The City of Aspen.
Please let me know exactly what I need to do to ensure that
the Gap is not in violation of any City Ordinances. I am more
that willing to provide any necessary documents that you may
need to see, to comply with Aspen's Planning & Zoning
Department.
It is of vital importance that this site receive the satellite
communication system. This store is a part of a rollout all
over the country, and my deadline to have the rollout complete
is November 2, 1993.
I am requesting that we be allowed to continue the
installation of the satellite communication system, and
concurrently fill out the necessary paperwork. Please let me
know as soon as possible how to proceed with the necessary
steps to meet your requirements so that I may complete this
installation by my deadline. I can be reached at 1-415-259-
7140 or be paged at 1-415-719-5122.
Yours _
Jenn Pais
Telecom Analyst
The Gap Inc.
.. \v3at\1022kimj . rmem
** TOTAL PAGE.001 **
PUBLIC NOTICE
RE: THE GAP CONDITIONAL USE REVIEW FOR A SATELLITE DISH
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, December 7, 1993 at a meeting to begin at 4:30 pm before
the Aspen Planning & Zoning Commission, 2nd Floor Meeting Room,
City Hall, 130 S. Galena, Aspen to consider an application
submitted by The Gap, Inc., 900 Cherry Ave., San Bruno, CA,
requesting approval of a Conditional Use Review for a satellite
dish to be located at 204 S. Galena, Aspen, CO; Lots A, B & C,
Block 94 Aspen, City and Townsite of Aspen. For further
information, contact Kim Johnson at the Aspen/Pitkin Planning
Office, 130 S. Galena St., Aspen, CO 920-5100.
s/Bruce Kerr, Chairman
Planning and Zoning Commission
OCT 28 '93 11:13 FROM MIS 950 ELM 1FL WEST TO 13039205197 PAGE.002i003
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October 28, 1993
Ms. Bernadette Aguilar
The GAP
900 Cherry avenue
San Bruno, California 94066
Re! 204 South Galena
Aspen, Colorado
Our File No. 2958.016/2
Dear Bernadette:
We h-w pD3) MO-Wii
Idecow. (9M 82A.0209
You have raqueated a letter from me regarding the ownership
and development rights of the Property located at 204 South Galena
Street, Aspen, Colorado (the "Property").
The Gap, Inc., an Subtenant, subleases the property purBuant
to a Building Lease dated Karch 12, 1992 (the "Subleasow) from
Colorado Cable Company ("Colorado Cable"), an Yandlord. Colorado
Cable, in turn, leases the Property under a long-term land lease
(tha "nand Lease"') dated December 31, 1986 by and between Colorado
Cable and the Hopkins street Investment Company (^HSIC"). The
successors in interest to HSIC are the following individuals and
entities, who now own the Property as tenanta in common; Jvhn E.
McNulty, Lois A. Hartman, Lavone Kay Staton, W.G. Bullock, and the
G.E. Bullock Grandchildren's Partnership (collectively referred to
as the Fee Interest Owners").
The Land Lease, which has a thirty-year term (an initial five-
year term, with five, five-year renewals) running through December,
2016, was recorded on January 2, 1987 at Book 527, page 409, at
reception number 284960 of the Pitkin County real estate records.
Both the Land Lease and the sublease were ratified and confirmed
through a Non -Disturbance Agreement executed by the Fee Interest
Owners and recorded on August 19, 1992 at Book 686, page 486,
reception number 347842 of the Pitkin County real estate records.
OCT 2e '93 11:14 FROM MIS 950 ELM 1FL WEST TO 13039205197 PAGE.003i003
OCT--28-93 THU 8:08 P. 03
I
r�
A RKWC590XAL COVOI CIM
Ms. Bernadette Aguilar
October 28, 1993
Page 2
Article X of the Land Lease grants Colorado Cable broad
development rights during the thirty --year term of the lease,
including rights of:
(A]ltarations, additions, or changes to the Leased
Premises, including demolition, remodelling,
reconstruction, renovation, new construction (the
foregoing collectively shall be referred to as
Improvements) without the (Fee Interest owners,) prior
written consent . . . .
Thus, although the Fee Interest owners are the owners of the
Property, they gave granted Colorado Cable an unfettered ]tight to
develop the property and to make alterations to the premises
through the year 2016.
I am an attorney licensed to practice in Colorado. This
letter may be relied upon by third parties, including the City of
Aspen, in connection with The Cap's application to add a satellite
dish to the leaead premises.
Should you have any questions, don't hesitate to call.
sincerely,
CLANAHAN, TANNER, DOWNING and XNOwLToN, P.C.
cc: Jerald X. Barnett
Su2ette Goodman
CV TMLFHcs%Da me tt \Ga p-1
** TOTAL PAGE.003 **
MEMORANDUM OF OWNERSHIP -ACCOMMODATION NO LIABILITY
PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE
STATE OF COLORADO BY EXAMINATION OF THE RECORDS OF THE CLERK AND
RECORDER OF PITKIN COUNTY, COLORADO DISCLOSES THE FOLLOWING:
GRANTEE IN THE LAST INSTRUMENTS APPARENTLY TRANSFERRING OWNERSHIP:
LAVONE KAY STATON, AS TO AN UNDIVIDED 1/12 INTEREST; LOIS ANN HARTMANN,
AS TO AN UNDIVIDED 1/12 INTEREST; JOHN E. MCNULTY, AS TO AN UNDIVIDED
1/6 INTEREST; G.E. BULLOCK GRANDCHILDREN'S PARTNERSHIP, AS TO AN
UNDIVIDED 1/6 INTEREST AND W.G. BULLOCK, AS TO AN UNDIVIDED 1/2
INTEREST
NOTE: Lease Agreement recorded January 2, 1987 in Book 527 at Page 409
between Hopkins Street Investment Company, a Colorado General
Partnership (Landlord) and Colorado Cable Corporation, a Colorado
Corporation (Tenant) and Single Occupancy Building Lease recorded
August 19, 1992 in Book 686 at Page 454 between Colorado Cable
Corporation (Landlord) and The Gap, Inc., DBA The Gap Stores, Inc., a
Delaware Corporation.
PROPERTY DESCRIPTION:
LOTS A, B AND C, BLOCK 94, CITY AND TOWNSITE OF ASPEN
COUNTY OF PITKIN, STATE OF COLORADO.
TRUST DEEDS AND MORTGAGES APPARENTLY UNRELEASED:
Deed of Trust from : Grant E. Bullock Trust, William G. Bullock et.al.
to the Public Trustee of the County of Pitkin
for the use of : Alpine Bank and Trust, a Colorado Corporation
to secure : $295,000.00
dated : March 2, 1990
recorded : March 12, 1990 in Book 615 at Page 848
reception no. : 320744
Deed of Trust from : Colorado Cable Company, A Colorado Corporation
to the Public Trustee of the County of Pitkin
for the use of : Pitkin County Bank & Trust Co.
to secure : $500,000.00
dated : September 4, 1992
recorded : September 28, 1992 in Book 689 at Page 738
reception no. : 349023
G
LIENS AND JUDGEMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED:
NONE
THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS
AN ACCOMMODATION.
THE INFORMATION HAS BEEN TAKEN FROM OUR TRACT INDICES, WITHOUT
REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH PURPORTS TO AFFECT
THE REAL PROPERTY.
THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED, AND IS NOT AN
ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND OUR
LIABILITY IS LIMITED TO THE AMOUNT OF THE FEES.
CERTIFIED TO: OCTOBER 1, 1993 @ 8:30 A.M.
PITKIN COUNTY TITLE, INC.
October 27, 1993
Ms. Kim Johnson
The City of Aspen
130 South Galena
Aspen, CO 81611
Dear Ms. Johnson:
THE GAP, INC. The Gap Inc. proposes to install a satellite communications
900 CHERRY AV network for our Gap Store #2516 located at 204 South Galena,
Aspen, CO 81611. The installation process will include
SAN BRUNO installing a satellite dish on the roof of our Gap store at
CA 94066 this site. I have included a site survey from our vendor,
TELEPHONE AT&T Tridom, who owns the equipment. This document gives all
415 9S2 4400 the specific information for the installation.
FAX I am authorized to act on behalf of The Gap Inc. for the Gap
415 952 4059 Store #2516 located at 204 South Galena, Aspen, CO 81611. The
legal description of the property is as follows: Lot A,B, & C,
of block 94 City & Town of Aspen.
In regards to #3 in ATTACHMENT 2, Vince Higgens with the
Pitkins County Title company is providing the necessary
documentation in duplicate for The Gap. Mr. Higgens will
bring this documentation directly to you sometime tomorrow at
The City of Aspen's Planning & Zoning Department.
The following is a written proposal and an explanation of the
review standards relevant to the Review Standards outlined in
ATTACHMENT 4, which answers #5 on ATTACHMENT 2.
Review Standards:
A. To my knowledge, the project is consistent with the
goals, objectives and standards of the Aspen Area
Comprehensive Plan, and with the intent of the Historic
Overlay District in which the Gap #2516 is located.
B. N/A
C. The location of the dish is in the center of the roof
between two A/C units (see the drawing in the Site Survey
on page 3). The dish is 1.2 meters in size. The actual
design can be seen in the Site Survey that is included in
this packet. Therefore, there should be no visual impact
from the street or any impacts on pedestrians and
vehicular circulation, parking, trash, service delivery,
noise, vibrations and odor on surrounding properties.
•
D. N/A
E. N/A
F. To my knowledge, the project complies with all additional
standards imposed on it by the Aspen Area Comprehensive
Plan and by all other applicable requirements of this
chapter.
In response to ATTACHMENT 3, I have included a copy of the
site survey which complies with both A & B as described in
THE GAP. INC. this attachment.
900 CHERRY AV As per our conversation on October 25, 1993, I am asking you
SAN BRUNO to include a 8 1/211 * 1111 vicinity map locating our parcel
CA 94066 within the City of Aspen.
TELEPHONE
415 952 4400 Enclosed you will find a check in the amount of $942.00 for
FAX the application fee.
415 952 4069 please let me know if I left anything out of the package as
soon as possible. If you have any questions, please give me
a call at 1-415-259-7140.
Yours Truly,
Jenn Pais
Telecom Analyst
The Gap Inc.
OCT-25-1993 09:49 FROM ASPEN/PITKIN BLDG DEPT TO 9-14152597233-090 P.04
ASPEN/PITKIN PLANNING OFFICE
Agreement for P lment of QU of Aspen Developwent Application Fees
CITY OF ASPEN (hereinafter CITY) and L-7—Cc : 2
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 77 (Series of 1992) establishes a fee structure for Planning Office applications
and the payment of all processing fees is a condition precedent to a determination
of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or
scope of the proposed project, it is not possible at this time to ascertain the full
extent of the costs involved in processing the application. APPLICANT and
CITY further agree that it is in the interest of the parties to allow APPLICANT
to make payment of an initial deposit and to thereafter permit additional costs to
be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be
benefited by retaining greater cash liquidity and will make additional payments
upon notification by the CITY when they are necessary as costs are incurred.
CITY agrees it will be benefited through the greater certainty of recovering its full
costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for
CITY staff to complete processing or present sufficient information to the
Planning Commission and/or City Council to enable the Planning Commission
and/or City Council to make legally required findings for project approval, unless
current billings are paid in full prior to decision.
OCT 25 '93 08:49 PAGE.004
OCT-25-1993 09:50 FROM ASPEN/PITKIN BLDG DEPT TO 9-14152597233-090 P.05
• •
5. Therefore, APPLICANT agrees that in consideration of the CITY's
waiver of its right to collect full fees prior to a determination of application
completeness, APPLICANT shall pay an initial deposit in the amount of $��
which is for __j(e_ hours of Planning Office time, and if actual recorded costs
exceed the initial deposit, APPLICANT shall pay additional monthly billings to
CITY to reimburse the CITY for the processing of the application mentioned
above, including post approval review. Such periodic payments shall be made
within 30 days of the billing date. APPLICANT further agrees that failure to pay
such accrued costs shall be grounds for suspension of processing.
CITY OF ASPEN
By:
Diane Moore
City Planning Director
2
APPLICANT
1llailing Address: C lP lY1e
Date: V-� l I
TOTAL P.05
OCT 25 '93 08:50 PAGE.005
August 18, 1993
Mr. Jerald Barnett
120 West Francis
Aspen, CO 81611
f N E GAP, INC. Dear Mr. Barnett:
E00 CHERRY AV
SAN RRUNO
CA $ 4 0 E E This letter will serve as confirmation of our agreement as follows:
TELEPHONE
416 $ E: 4400 The GAP, Inc. has your permission as the property owner to allow
♦A t AT&T Tridom to install a small satellite dish upon the roof of GAP
A 1 E . E i 4069 Store #2516, located at 204 S. Galena, Aspen, CO.
AT&T Tridom will be responsible for any damage that may occur to
your facility that is caused by the site survey, installation, maintenance
or removal of the satellite during the term of the GAP, Inc. lease.
I understand that in the future you intend to add possibly two additional
stories to the above mentioned building. AT&T Tridom will at the
time of construction remove the satellite dish to allow for your
improvements.
This letter is provided in duplicate
return one copy to me for file.
Y s Truly,
Bernadette Aguilar
Telecom Analyst
The GAP, Inc.
g: \... �2516.1ir
Kindly signify your concurrence and
Barnett