HomeMy WebLinkAboutcoa.lu.cu.Gap Satellite Dish.A64-93CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 10 29 93 PARCEL ID AND CASE NO.
DATE COMPLETE: I 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 L- YIt, 415- 952 -4400
Applicant Address: 900 Cherry Av. , San Bruno, CA 94066
REPRESENTATIVE:
Representative Address /Phone:
Aspen CO 81611
----------------------------------------------
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 Dat PUBLIC HEARING: ( YES NO
VESTED RIGHTS: YES NO
CC Meeting Date
PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
DRC Meeting Date Na` _
REFERRALS: Nt) NF'i
City Attorney
City Engineer
Housing Dir.
Aspen Water
City Electric
Envir.Hlth.
Zoning
DATE REFERRED: I) 2
Parks Dept.
Bldg Inspector
Fire Marshal
Holy Cross
Mtn. Bell
ACSD
Energy Center
INITIALS: S 1. 1
School District
Rocky Mtn NatGas
CDOT
Clean Air Board
Open Space Board
Other
Other
DUE:
FINAL ROUTING:
DATE ROUTED: (ZIlut INITIAL: 5�
_ City Atty _ City Engineer X Zoning _Env. Health
Housing _ Open Space � Other:
FILE STATUS AND LOCATION:
1✓ �.s � C y � ��e ��::1 t�x't' K
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 SITE OF GAL ENA (LOTS A, B E C BLOCK 94)
Resolution No. 93- _
WHEREAS, pursuant to Section 24 -5 -209 C.7. of the Aspen
Municipal Code (Commercial Core Zone District) satellite dish
antennas may be approved by the Planning and requ ntommission as
conditional uses in conformance with the req
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 had been instal iwithout
a building permit and required Conditional use app order
to be legally permitted; and
WHEREAS, the Historic Preservation Committee determined that
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 roved by an
December 7, 1993 the Planning and Zoning Commission
5 -0 vote the Conditional Use review for The Gap satellite dish
antenna with one condition as recommended by the Planning office.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That The Gap Conditional Use for a 1.2 meter satellite dish antenna
is approved 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 al, unless wised amended by other
conditions of approval,
conditions.
APPROVED by the Commission at its regular meeting Ln December 7,
1993.
Planning and Zoning Commission:
Attest:
Jan Carney, Deputy City Clerk
W. Bruce Kerr, Chairman
1
n
MEMORANDUM a���„
/ J �}
TO: Planning and Zoning Commission 1 ���rr � o Uo�✓:
FROM: Kim Johnson, Planner
RE: The Gap Conditional Use for site Dish Antenna -
PuLlic Hearing
DATE: December 7, 193
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.
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
3
PLANNI " & ZONING COMMISSION
EXHIBIT 2k , APPROVED
19 BY RESOLUTION
QXaTridom Standalone Site Survey Form Page 3PXA
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.
Vi V Antenna Location With Line Of Sight
a
O _ U and Distance From Two Walls
Building Diagram
_ LO_ _ Cable Path With Distances
® Penetration
Line Amplifier Location
With Location Described
.M. _ External Power Supply Location
N With Location Described
Magnetic North
?N�ltr I i-%y
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cl-TT1
. 1 .
. . . . . . . . . . :i — --
........
LUCwrl
W ITc2MtUAL
E3�sF fi
. . ... . .. . . i. . . . . .
kP
Antenna Height Above Ground Level: Option '1 2d —ft. Option 2 ft.
0(
OCT 22 '93 15:52 FROM MIS 950 ELM 1FL WEST TO 13039205197 PAGE.001i001
October 22, 1993
Ms. Kim Johnson
The City of Aspen
1330 South Galena
Aspen, CO 81611
TNt SAP. INC.
Dear Ms. Johnson:
•00 Oq RRY 4Y
i4M NNOMO On October 22, 1993 a gentleman from The City of Aspen's
CA 94666 Planning & Zoning Office stopped by our GAP store located at:
T[tLPNONf
204 South Galena
4t5 Ott 4440
Aspen, CO 81611
FAX
416 092 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.
1 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.
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** TOTAL PAGE.001 **
M
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
rr�z S'W
OCT 28 '93 11:13 FROM MIS 950 ELM SFL WEST TO 13039205197 PAGE.002i003
................,. ....................... ,...,............... ,................, ..,..,,,,,........ .,,............
x:07
OR
October 28, 1993
Ms. Bernadette Aguilar
The Gap
900 Cherry Avenue
San Bruno, California 94066
Res 204 South Galena
Aspen, Colorado
Our File No. 2958.016/2
Dear Bernadette:
1M A.- - J
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You have requested a letter from as regarding the ownership
and development rights of the property located at 204 South Galena
Street, Aspen, Colorado (the "Property ").
The Gap, Inc., as Subtenant, subleases the property pursuant
to a Building Lease dated March 12, 1997 (the "Sublease") from
Colorado Cable company ("Colorado cable "), as landlord. Colorado
Cable, in turn, leases the property under a long -term land lease
(the "Land Lase ") dated December 31, 1986 by and between Colorado
Cable and the Hopkins street Investment Company ( "ItsiC"). The
successors in interest to HSIC are the following individuals and
entities, who now own the property as tenants in commons John E.
McNulty, Lois A. Hartman, Lavone Hay Staton, W.G. Bullock, and the
G.S. Bullock Grandchildren's partnership (collectively referred to
an the Fee Interest Owners "). .
The Land Lease, which has a thirt y - ear term Can 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 Vera 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 947842 of the pitkin County real estate records.
OCT 28 '93 11:14 FROM MIS 950 ELM iFL LEST TO 13039205197 PAGE.003i003
OCT -28 -93 THU 8:08, P.03
Clanahan, Tanner, Downing and Knowlton
.nda.oaLmwagw
Ms. Bernadette Aguilar
October 29, 1993
Page 2
Article 8 of the Land Lease grants Colorado Cable broad
development rights during the thirty -year term of the lease,
including rights of:
[A]lterations, 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 ownersT) prior
written consent . . . .
Thus, although the Fee Interest owners are the owners of the
Property, they gave granted Colorado Cable an unfettered right 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 raiied upon by third parties, including the City of
Aspen, in connection with The Gap application to add a satellite
dish to the leased premises.
Should you have any questions, don't hesitate to call.
Sincerely,
CLANAHAN, TANNER, DOWNING and INOWLTON, P.C.
cc: Jerald X. Barnett
Suzette Goodman
CVTMT0*s�hnwttlGap1
** 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
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
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.
BY:
October 27, 1993
Ms. Kim Johnson
The City of Aspen
130 South Galena
Aspen, CO 81611
Dear Ms. Johnson:
GAP
THE GAP, INC. The Gap Inc. proposes to install a satellite communications
network for our Gap Store #2516 located at 204 South Galena,
son CHERRY AV Aspen, CO 81611. The installation process will include
SAN 5NUNO 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
4159624409 the specific information for the installation.
FAX I am authorized to act on behalf of The Gap Inc. for the Gap
4269524069 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.
1 3 - -�W
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 AY As per our conversation on October 25, 1993, I am asking you
BAN BRONO to include a S 1 /2 * 11 vicinity map locating our parcel
CA 94066 within the City of Aspen.
TELEPHONE
4359524400 Enclosed you will find a check in the amount of $942.00 for
FAX the application fee.
4'595'4069 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,
�Vz
Jenn Pais
Telecom Analyst
The Gap Inc.
OCT -25 -1993 09:49 FROM RSPEN/P I TK I N BLDG DEPT TO 9- 14152597233 -090 P.04
ASPENIPITKIN PLANNING OFFICE
CITY OF ASPEN (hereinafter CPPY) and rye Sa
(hereinafter APPLICANT) AGREE AS FOLLOWS:
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 ' 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
Plannmg 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 hill prior to decision.
OCT 25 '93 08:49 PRGE. 004
1. APPLICANT has submitted to MY an application for
OCT -25 -1993 0950 FROM RSPEN/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 _k 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
APPLICANT
B c,Q�
Diane Moore
City Plannitg Director
OCT 25 '93 0B :50
Mailing Address:
Date: V l LtL I
2
TOTAL P.05
PRGE.005
August 18, 1993
Mr. Jerald Barnett
120 West Francis
Aspen, CO 81611
THE GAP. INC. Dear Mr. Barnett:
900 ENENET 2Y
EEN ENONO
�• 911099 This letter will serve as confirmation of our agreement as follows:
TEEE9NONE
1111E 952 111100 The GAP, Inc. has your permission as the property owner to allow
FA AT &T Tridom to install a small satellite dish upon the roof of GAP
11211 9112 .0.E 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.
Kindly signify your concurrence and
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