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HomeMy WebLinkAboutcoa.lu.rz.Pitkin County Library 120 E Main St.113A-89Pitkin County Library Rezoning 2735-124-38-002 113A-89 OdfoAC vll -'- Z ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 ? a 7 ado LAND USE APPLICATION FEES J� City 00113-63250-134 GMP/CONCEPTUAL -63270-136 GMP/FINAL -63280-137 SUB/CONCEPTUAL -63300-139 SUB/FINAL -63310-140 ALL 2-STEP APPLICATIONS -63320-141 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00115 -63340-163 ENGINEERING SUBTOTAL County 00113 -63160-126 GMP/GENERAL -63170-127 GMP/DETAILED -63180-128 GMP/FINAL -63190-129 SUB/GENERAL -63200-130 SUB/DETAILED -63210-131 SUB/FINAL -63220-132 ALL 2-STEP APPLICATIONS -63230-133 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS -63450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00113 -63360-143 ENGINEERING PLANNING OFFICE SALES 00113 -63080-122 CITY/COUNTY CODE -63090-123 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER SUBTOTAL TOTAL Name: Phone: Address: Project: Check # Date: Additional Milling: #of Hours: J9 4 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 12/20_/89 DATE COMPLETE: 12/26/89 PARCEL ID AND CASE NO. 2735-124-38-002 113A-89 STAFF MEMBER: LL PROJECT NAME:_Pitkin County Library Rezonin Project Address: 120 E. Main Street Legal Address: Lots O, N & part of M, Block 66 APPLICANT: Board of County Commissioners Applicant Address: 506 E. Main Street, Aspen, CO 81611 REPRESENTATIVE: Sunny Vann, Vann Associates Representative Address/Phone:_230 E. Hopkins Avenue Aspen, CO 81611 5-6958 PAID: YES NO AMOUNT: $1,500 NO. OF COPIES RECEIVED: 6 TYPE OF APPLICATION: 1 STEP: 2 STEP: X P&Z Meeting Date 2/6/90 PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: X City Attorney Mtn. Bell School District City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshal State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork X Other County Mgr. Aspen Consol. Energy Center _County Atv. S.D. DATE REFERRED: 12Z27/89 INITIALS: DS FINAL ROUTING: City Atty Housing ------------ DATE ROUTED: City Engineer Zoning Other: /1 FILE STATUS AND LOCATION: INITIAL: Env. Health ORDINANCE NO. 15 (SERIES OF 1990) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A MAP AMENDMENT AND VESTED RIGHTS FOR THE LIBRARY PARCEL, 120 FAST MAIN FOR LOTS N, O, AND PART OF M, BLOCK 66 WHEREAS, pursuant to Section 7-1103 of the Aspen Land Use Code, a development application for an amendment to the Official Zone District Map may only be submitted on or prior to February 15 or August 15; and WHEREAS, the applicant requested the Commission to waive the rezoning deadline; and WHEREAS, the applicants requested a map amendment to rezone the library parcel from public to office; and WHEREAS, the applicants also requested a GMQS Exemption for a change in use to convert the building frori a public use to an office use; and WHEREAS, a duly noticed Public Hearing was held by the Aspen Planning and Zoning Commission (hereinafter "Commission") on February 6, 1990 to consider the application for a change in use and map amendment, at which time the Commission reviewed the application; and WHEREAS, the Commission considered the representations and commitments made by the applicant and approved the change in use, sponsored the rezoning application and recommends the map amendment; and WHEREAS, the Commission recommends to City Council the map amendment with the following condition: 1. Prior to the issuance of a building permit. or a Certificate of Occupancy (whichever is required) the purchaser shall ultimately be required to provide parking in accordance with the Code provision or may be provided through cash -in -lieu and employee housing acceptable to the Housing Authority using the formula indexed to the current Housing guidelines and the change in use provision in the Aspen Land Use Code. It should be noted that the Library has received credit for their existing employees as part of the Rio Grande SPA approval. This means that the user of the Libra--y building must mitigate all of the employees associated with the new use. The Housing Authority Guidelines establish a generation rate of 3 employees/1000 square feet in the Office Zone. WHEREAS, the Aspen City Council having considered the Commission's recommendation for a map amendment does wish to grant a map amendment approval with the above mentioned condition. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASP-N, COLORADO: Section 1: That it does hereby grant a map amendment for the existing library parcel 120 East Main Lots N, O, and part of M, Block 66. Section 2: That it does hereby grant a map amendment with the previously mentioned conditions recommended by the Aspen Planning and Zoning Commission, for 120 East Main. Section 3: That is does hereby grant Vested Rights for this map amendment for a period of three (3) years from the effective date hereof in accordance with the terms a:d provisions of Section 6- 207 of the Aspen Land Use Code. 2 E 0 Section 4: That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 5• If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 6: Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 7: n A FZijhearing on the Ordinance shall be held on the 7 day of , 1990 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the /�� day of 1990. William L. Stirling, Mayor 3 0 G ATTEST: Kathryn Koch, City Clerk FINALLY, adopted, passed and approved this c3� day of 1990. William L. Stirling, May ATTEST: A�"-) Kathryn . ':och, City Clerk 11/cc.library M • • MEMORANDUM TO: Mayor and Council THRU: Bill Efting, Interim City Manager v FROM: Amy Margerum Vnning Director and Leslie Lamont RE: RFTA Easement Request of the Library Board and Second Reading of Ordinance 15 DATE: April 23, 1990 SUMMARY: At the April 9, 1990 meeting the Council tabled the second reading of Ordinance 15 approving the rezoning and change in use of the Pitkin County Library parcel. Council tabled the Ordinance because RFTA has requested an easement in front of the existing building for future transit improvements such as erecting a structure for waiting passengers. Because Council tabled the Ordinance, it is necessary for council to read and it desired, approve the Ordinance on Second Reading. Attached for your review is the April 9 Council memo with Ordinance 15. FINDINGS: RFTA is requesting an approximately 13' 10" x 68.95' easement in front of the existing library. The easement will be used for future construction of a covered passenger waiting area. RFTA's is unsure as to the size of the structure that may be necessary for this "stop" hence the large easement request. RFTA would like the ability to site a future structure in the best and most efficient location within that area. After meeting with both the County Land Use Engineer and Dan Blankenship of RFTA, staff has complied the following as a condition for rezoning and change in use: Prior to a certificate of sale for the building, the applicant shall grant an easement to RFTA for the benefit of the public beginning at the southwesterly corner of said property of Lot M; thence north 10 feet; thence east approximately 35 feet; thence southerly for 3.8 feet; thence easterly 33.8 feet to the easterly boundary of Lot O. (Please see attached site plan). This easement gives RFTA the ability to incorporate benches into the brick wall/planter while the building's large roof overhang afford protection from the weather. The easement also ensures the Library Board/purchaser that only 50% of the front of the building will be obstructed by a structure. The width of the easement enables a shorter but wider building that will not stretch across the front of the parcel. • • RFTA in June of 1989 received a for a passenger shelter. Staff another shelter is constructed small easement be vacated. 5' x 3' easement from the County also recommends that at such time or benches are added, that the It should be noted: any development of a structure at that location will require review by the Historic Preservation Committee to ensure compliance with the Main Street Historic Overlay District. Further, any or improvements to that site for transit or pedestrian use must also comply with the guidelines of the proposed Pedestrian and Bikeway Plan. STaff believes that to obtain juncture is appropriate for this is sold RFTA will have to contend gain a benefit for the community a workable easement at this application. When this parcel with a private sector entity to at large. RECOMMENDATION: Staff recommends approval of the above condition language for the proposed easement. 2 I s i i 1 V i - Z I i I L.J TO: THRU: FROM: RE: DATE: ICI DI vto] ,.ZDili u Mayor and Council Bill Efting, Acting City Manager Amy Margerum and Leslie Lamont, Planning Library Rezoning, Second Reading Ordinance 15 April 9, 1990 SUMMARY: The applicant proposes to rezone the existing library parcel from Public to Office. Because the application was submitted before February 15, the applicant requested that the Planning and Zoning Commission waive the rezoning deadline. The Planning and Zoning Commission recommends approval of the rezoning and approved the GMQS Exemption for a change in use for the building to convert from a public use to an office use. Staff continues to recommend denial of the rezoning. Until an analysis is conducted to determine the future need for public facilities, it would not be prudent to lose one of our publicly zoned sites. At the March 12 hearing, the Council moved to read Ordinance 15 at first reading. Please see attached Ordinance. Council also requested staff to find the specific language of the Mill Levy approved in 1982. Staff also researched what the library's budget requires to successfully build the library. COUNCIL GOALS: Approval of the rezoning would comply with Council's goal #11: to work together with all people and organizations in the Roaring Fork Valley. To work with all local... agencies to assure that we are responsive to each others needs. PREVIOUS COUNCIL ACTION: In 1989, Council approved a final SPA plan for the new library on the City's Rio Grande property. BACKGROUND: The Planning and Zoning Commission, at their February 6, 1990 meeting, recommended approval of the rezoning and approved the change of use with conditions. PROBLEM DISCUSSIONS: The applicant (the Board of County Commissioners and the Library Board) intends to rezone the parcel to office and sell the parcel to offset the cost of developing the new library. The Planning and Zoning Commission recommended approval of the rezoning. A change -in -use was requested by the applicant in order to enhance the sale of the parcel. The Commission • 0 approved the change -in -use with the condition that the ultimate purchaser shall be required to provide housing and parking per their use and occupancy. Please see the attached memo to the Commission for a review of the rezoning criteria. The memo also outlines staff's recommendation for denial and, if approved, the condition of approval. ADVISORY COMMITTEE VOTE: 8 FOR 0 AGAINST KEY ISSUES: 1) Council requested staff to find the ballot language for the Mill Levy for the Library. The language from the 1982 levy that was approved is as follows: "Shall the Board of County Commissioners of Pitkin County, Colorado, be authorized to increase the maximum tax levy from 1.5 mills to not more than 2.5 mills for the establishment and maintenance of public libraries. Further, shall the Board of County Commissioners, pursuant to this authorized increase, set a mill levy of 2.5 mills, total, upon all taxable property in the Pitkin County Library District for the year 1983, payable in 1984, for the establishment and maintenance of public libraries?" Although a recent reassessment of property reduced the Library's mill to 1.314, the revenue source is still the same but is growing at a slower rate. The reduction in the mill rate is state mandated from the Division of Local Government. 2) According to Kathy Chandler, the County Librarian, the Library is short approximately $1.7 million in their budget for the new Library. The Library hopes to get at least at $1.4 million from the sale of the building. If that price is reached the Library will still need to borrow approximately $300,000 from the County. The Oden debt for the Rio Grande site is not included in the $1.7 million debt. 3) The Commission did not want to hold up the future development of the new library. Two years ago the planning review process for the new library identified resale of the existing library parcel necessary for funding the new library. The Commission believed that this was too late a date to hold up the resale for a future needs analysis. 4) The P&Z felt that the rezoning and providing a change -in -use at this point would not preclude the City or the County or any other government agency from utilizing the site. 5) The Commission felt that public good may be served best by not reserving prime real estate for something that doesn't necessarily need to be right on Main Street. However, 2 I � alternative sites for public uses have yet to be identified. 6) Please see attached Commission Resolution to Council recommending review of this property for possible acquisition. Specifically, this site could be a better location for uses such as a teen center or CMC use. The building could be converted at very little cost when balanced against the construction cost of the "Free Land" site. RECOMMENDATIONS: The Planning and Zoning Commission recommends approval of the rezoning of the parcel from public to office with the following condition of approval: 1) Prior to the issuance of a building permit or a Certificate of Occupancy (whichever comes first), the purchaser shall ultimately be required to provide parking in accordance with the Code provision or through cash -in -lieu and shall provide employee housing acceptable to the Housing Authority using the formula indexed to current Housing guidelines and the change in use provision in the Aspen Land Use Code. It should be noted that the Library has received credit for their existing employees as part of the Rio Grande SPA approval. This means that the user of the Library building must mitigate all of the employees associated with that new use. The Housing Authority Guidelines establish a generation rate for 3 employees/1000 square feet in the Office Zone. Staff recommended denial of the rezoning at the Planning Commission hearing. ALTERNATIVES: 1) Council could deny the rezoning which limits the permitted uses on the site but does not preclude the sale of the property to the City or other purchasers. For example, the Youth Center or CMC. 2) Council could approve the rezoning with conditions. 3) Council could deny the rezoning to study, in conjunction with the Aspen Land Use Element and Community Facilities Update, how this asset may be applied toward our community facility needs. It is anticipated that this would be completed in one year. PROPOSED MOTION: I move to approve the rezoning of the library with conditions or I move to deny the rezoning of the library parcel at 120 East Main. "Move to adopt Ordinance 15, Series of 1990, on Second Reading." "Move to approve Ordinance 15, Series of 1990, on Second Reading." C CITY MANAGER COMMENTS: ATTACHMENTS: A. Ordinance 15 B. Planning & Zoning Commission Memo, February 6, 1990 C. Planning & Zoning Commission Resolution 90-2 D. Letters from Citizens 4 Regular Meeting Aspen City Council Anril 23, 1990 the library. Staff and RFTA met with the applicants. Staff is recommending approval of this ordinance with a condition, "prior to a certificate of sale for the building, the applicant shall grant an easement to RFTA for the benefit of the public beginning at the southwesterly corner of said property of Lot M; thence north 10 feet; thence east approximately 35 feet; thence southerly for 3.8 feet; thence easterly 33.8 feet to the easterly boundary of Lot O". Chuck Vidal, representing the applicant, told Council the condition is too specific regarding the processes he has to go through. Vidal said he would like the condition to say, "prior to certificate of sale for a condition of rezoning, an easement satisfactory to the library board and RFTA be created". This would , allow the library board and RFTA to work this out with the Commissioners. Dwight Shellman, RFTA Board, suggested the language, "subject to the RFTA and Library Boards to agree on mutually acceptable modifications. Councilman Tuite moved this be the language; seconded by Councilman Gassman. All in favor, motion carried. Vidal said he would also Council to address the employee housing can be satisfied through cash -in -lieu payments. Vidal said if the purchaser has other ways to deal with employee housing, he can come to Council and propose those. Vidal said this way prospective purchasers will know exactly how much the building and mitigation will cost. Baker told Council the library has gotten credit for all their employees they currently have; whoever occupies the building will be required to mitigate all their employees. There is no credit. Baker said the change in use language allows Council discretion for situations like this. Councilman Peters asked how Council will determine whether this should be low or moderate. Baker said typically in GMP, staff looks at the proposal and determine the type of housing that should be in there. There will be no competition for this building. Councilwoman Pendleton said she does not want to approve this request before knowing what will go in the building. Councilman Gassman said he can see an argument for cash -in -lieu if the existing building is used. Mayor Stirling moved to accept cash -in -lieu if the building is not razed and entertain proposals on cash -in -lieu but not determine what they would be tonight, for any reconstruction or expansion, this would meet the code; seconded by Councilman Peters. All in favor, motion carried. Mayor Stirling closed the public hearing. Councilman Tuite moved to adopt Ordinance #15, Series of 1990, as amended; seconded by Councilman Peters. C. Regular Meeting Aspen City Council April 23 1990 11. Mayor Stirling said there is a pedestrian bicycle .committee field trip planned for April 27 to Vail and Boulder. 12. Mayor Stirling said the Board of Adjustment has requested a study session with Council to discuss the code and areas of responsibility. Council scheduled this for June 18th at 5 p.m. 13. Acting City Manager Bill Efting told Council the parks association, historical society and city worked together on Earth Day at the Marolt property and removed truck loads of trash. 14. John Goodwin, police chief, requested Council take VIII(1) off the agenda to coordinate this request for staff with the rest of his requests at a later date. 15. Bob Gish, city engineer, told Council it is not convenient for recyclers to go to the end of the hill by the art park. Gish proposed these bins be relocated in the old impound lot and dress this area up more. Council agreed. Councilman Tuite said some people are being told their trash rates are going to go up because of recycling. Councilman Tuite said he would like to stop these rumors. Councilman Tuite said recycling increases the life of landfills and eliminates costs of purchasing new ones. CONSENT AGENDA Councilman Peters moved to approve the consent calendar; seconded by Councilman Gassman. The consent calendar is A. Marolt House Stove Clean Burning Insert (Lee Cassin) B. Attorney Employment Contract C. Storm Runoff Requirements D. Valley High Settlement Agreement E. Transfer of Funds - Police Department F. Minutes - April 9, 1990 G. Liquor License Renewals - Wheeler Opera House; Aspen Mine Company; Asia, Espana Councilman Peters asked about the storm runoff policy. Chuck Roth, engineering department, told Council the policy is being changed in that previously built duplexes will not have to comply with the storm runoff requirements. All in favor, motion carried. ORDINANCE #15, SERIES OF 1990 - Library Rezoning Mayor Stirling opened the public hearing. Tom Baker, planning office, reminded Council at the last meeting there were concerns about the transportation easement in front of 5 • TO: Mayor and Council THRU: Bill Efting, Acting City Manager FROM: Amy Margerum and Leslie Lamont, Planning RE: Library Rezoning, Second Reading Ordinance 15 DATE: April 9, 1990 SUF!MARY: The applicant proposes to rezone the existing library parcel from Public to Office. Because the application was submitted before February 15, the applicant requested that the Planning and Zoning Commission waive the rezoning deadline. The Planning and Zoning Commission recommends approval of the rezoning and approved the GMQS Exemption for a change in use for the building to convert from a public use to an office use. Staff continues to recommend denial of the rezoning. Until an analysis is conducted to determine the future need for public facilities, it would not be prudent to lose one of our publicly zoned sites. At the March 12 hearing, the Council moved to read Ordinance 15 at first reading. Please see attached Ordinance. Council also requested staff to find the specific language of the Mill Levy approved in 1982. Staff also researched what the library's budget requires to successfully build the library. COUNCIL GOALS: Approval of the rezoning would comply with Council's goal W11: to work together with all people and organizations in the Roaring Fork Valley. To work with all local... agencies to assure that we are responsive to each others needs. PREVIOUS COUNCIL ACTION: In 1989, Council approved a final SPA plan for the new library on the City's Rio Grande property. BACKGROUND: The Planning and Zoning Commission, at their February 6, 1990 meeting, recommended approval of the rezoning and approved the change of use with conditions. PROBLEM DISCUSSIONS: The applicant (the Board of County Commissioners and the Library Board) intends to rezone the parcel to office and sell the parcel to offset the cost of developing the new library. The Planning and Zoning Commission recommended approval of the rezoning. A change -in -use was requested by the applicant in order to enhance the sale of the parcel. The Commission approved the change -in -use with the condition that the ultimate purchaser shall be required to provide housing and parking per their use and occupancy. Please see the attached memo to the Commission for a review of the rezoning criteria. The memo als-) outlines staff's recommendation for denial and, if approved, the condition of approval. ADVISORY COMMITTEE VOTE: 8 FOR 0 AGAINST KEY ISSUES: T) Council requested staff to find the ballot language for the Mill Levy for the Library. The language from the 1982 levy that was approved is as follows: "Shall the Board of County Commissioners of Pitkin County, Colorado, be authorized to increase the maximum tax levy from 1.5 mills to not more than 2.5 mills for the establishment and maintenance of public libraries. Further, shall the Board of County Commissioners, pursuant to this authorized increase, set a mill levy of 2.5 mills, total, upon all taxable property in the Pitkin County Library District for the year 1983, payable in 1984, for the establishment and maintenance of public libraries?" Although a recent reassessment of property reduced the Library's mill to 1.314, the revenue source is still the same but is growing at a slower rate. The reduction in the mill rate is state mandated from the Division of Local Government. 2,� According to Kathy Chandler, the County Librarian, the Library is short approximately $1.7 million in their budget for the new Library. The Library hopes to get at least at $1.4 million from the sale of the building. If that price is reached the Library will still need to borrow approximately $300,000 from the County. The Oden debt for the Rio Grande site is not included in the $1.7 million debt. 3) The Commission did not want to hold up the future development of the new library. Two years ago the planning review process for the new library identified resale of the existing library parcel necessary for funding the new library. The Commission believed that this was too late a date to hold up the resale for a future needs analysis. 4) The P&Z felt that the rezoning and providing a change -in -use at this point would not preclude the City or the County or any other government agency from utilizing the site. 5) The Commission felt that public good may be served best by not reserving prime real estate for something that doesn't necessarily need to be right on Main Street. However, 2 • • alternative sites for public uses have yet to be identified. 6) Please see attached Commission Resolution to Council recommending review of this property for possible acquisition. Specifically, this site could be a better location for uses such as a teen center or CMC use. The building could be converted at very little cost when balanced against the construction cost of the "Free Land" site. RECOMMENDATIONS: The Planning and Zoning Commission recommends approval of the rezoning of the parcel from public to office with the followi^g condition of approval: A Prior to the issuance of a building permit or a Certificate of Occupancy (whichever comes first), the purchaser shall ultimately be required to provide parking in accordance with the Code provision or through cash -in -lieu and shall provide employee housing acceptable to the Housing Authority using the formula indexed to current Housing guidelines and the change in use provision in the Aspen Land Use Code. It should be noted that the Library has received credit for their existing employees as part of the Rio Grande SPA approval. This means that the user of the Library building must mitigate all of the employees associated with that new use. The Housing Authority Guidelines establish a generation rate for 3 employees/1000 square feet in the Office Zone.. Staff recommended denial of the rezoning at the Planning Commission hearing. ALTERNATIVES: 1) Council could deny the rezoning which limits the permitted uses on the site but does not preclude the sale of the property to the City or other purchasers. For example, the Youth Center or CMC. 2) Council could approve the rezoning with conditions. 3) Council could deny the rezoning to study, in conjunction with the Aspen Land Use Element and Community Facilities Update, how this asset may be applied toward our community facility needs. It is anticipated that this would be completed in one year. PROPOSED MOTION: I move to approve the rezoning of the library with conditions or I move to deny the rezoning of the library parcel at 120 East Main. "Move to adopt Ordinance 15, Series of 1990, on Second Reading." "Move to approve Ordinance 15, Series of 1990, on Second Reading." 3 CITY MANAGER COMMENTS: ATTACHMENTS: A. Ordinance 15 B. Planning & Zoning Commission Memo, February 6, 1990 C. Planning & Zoning Commission Resolution 90-2 1p. Letters from Citizens a,3 Uj/ -4 6 L) cft�� 4 • • ATTACHMENT A ORDINANCE NO. 15 (SERIES OF 1990) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A MAP AMENDMENT AND VESTED RIGHTS FOR THE LIBRARY PARCEL, 1.20 EAST MAIN FOR LOTS N, O, AND PART OF M, BLOCK 66 WHEREAS, pursuant to Section 7-1103 of the Aspen Land Use Code, a development application for an amendment to the Official Zone District Map may only be submitted on or prior to February 15 or August 15; and WHEREAS, the applicant requested the Commission to waive the rezoning deadline; and WHEREAS, the applicants requested a map amendment to rezone the library parcel from public to office; and WHEREAS, the applicants also requested a GMQS Exemption for a change in use to convert the building from a public use to an office use; and WHEREAS, a duly noticed Public Hearing was held by the Aspen Planning and Zoning Commission (hereinafter "Commission") on February 6, 1990 to consider the application for a change in use and map amendment, at which time the Commission reviewed the application; and WHEREAS, the Commission considered the representations and commitments made by the applicant and approved the change in use, sponsored the rezoning application and recommends the map amendment; and WHEREAS, the Commission recommends to City Council the map amendment with the following condition: 1. Prior to the issuance of a building permit or a Certificate of Occupancy (whichever is required) the purchaser shall ultimately be required to provide parking in acc:;rdance with the Code provision or may be provided through cash -in -lieu and employee housing acceptable to the Housing Authority using the formula indexed to the current Housing guidelines and the change in use provision in the Aspen Land Use Code. It should be noted that the Library has received credit for their existing employees as part of the Rio Grande SPA approval. This means that the user of the Library building must mitigate all of the employees associated with the new use. The Housing Authority Guidelines establish a generation rate of 3 employees/1000 square feet in the Office Zone. WHEREAS, the Aspen City Council having considered the Commission's recommendation for a map amendment does wish to grant a map amendment approval with the above mentioned condition. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant a map amendment for the existing library parcel 120 East Main Lots N, O, and part of M, Block 66. Section 2: That it does hereby grant a map amendment with the previously mentioned conditions recommended by the Aspen Planning and Zoning Commission, for 120 East Main. Section 3: That is does hereby grant Vested Rights for this map amendment for a period of three (3) years from the effective date hereof in accordance with the terms and provisions of Section 6- 207 of the Aspen Land Use Code. Fj E Section 4• That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 5• If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 6: Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 7• A public hearing on the Ordinance shall be held on the day of , 1990 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of , 1990. 3 William L. Stirling, Mayor • 0 ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of 1990. William L. Stirling, Mayor ATTEST: Kathryn S. Koch, City Clerk 11/cc.library n ATTACHME0B • TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planning RE: Library Rezoning & Change in Use GMQS Exemption DATE: February 6, 1990 SU2AMARY: The applicant proposes to rezone the existing library parcel from Public to Office while seeking a GMQS Exemption for a change in use. Because the application has been submitted prior to the February 15 date for rezoning, the applicant requests that the P&Z waive the rezoning deadline. Staff recommends denial of this application. APPLICANT: Library Board, 506 East Main Street, Aspen PROPERTY OWNER: Pitkin County, 506 East Main Street, Aspen LOCATION: 120 East Main Street, Lots O, F, & part of M, Block 66 APPLICANT'S REQUEST: Rezone the parcel from Public to Office, and GMQS exemption for a change in use. REFERRAL COMMENTS: Please see the attached referral from the County Manager's Office. In addition, the County Manager's office has provided an analysis of the library building's ability to house Health and Human Services. PROJECT SUMMARY: As you know, the development of the new library was approved for a portion of the Rio Grande property. In order to help defray their costs, the Library Board proposes to sell the existing library parcel. Presently, the parcel is zoned Public. To facilitate a sale of the property the Board requests a rezoning of the parcel from Public to Office. In addition to rezoning, the applicant's are seeking a GMQS Exemption for a change in use of existing structures. Although the change in use language does not include a change from a public use to an office use, Alan Richman, at some point last year, made the interpretation that the change in use section is appropriate for a conversion of Public use to Office use. Staff concurs. According to Section 7-1103, a development application for an amendment to the Official Zone District Map may only be submitted on or prior to February 15 or August 15. Because the applicants have submitted well before February 15, they request the P&Z to waive the rezoning deadline. Waiving rezoning deadlines does not commit the P&Z to support the application, it only enables the application to be processed. Historically, it has been the policy of the City to entertain a rezoning application with a specific development proposal for the site. At this point, there is not a purchaser for the site, however, the applicants wish to proceed and will include conditions of approval with the sale of the property to be fulfilled by the purchasers. STAFF COMMENTS: The rezoning of the parcel to Office is both consistent and compatible with the surrounding land uses along Main Street. Staff is recommending denial because this parcel is one of only seven Public zoned parcels in the City. Until staff can conduct a public facilities analysis and determine current and future public service needs it would be careless to eliminate a publicly zoned parcel from the City and County inventory. Map Amendment: Pursuant to Section 7-1102 the standards of review for a map amendment are as follows: A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. RESPONSE: The application is consistent with the requirements of the Land Use Code. The proposed rezoning is consistent with the surrounding zoning and the existing building complies with the dimensional requirements of the Office zone with the exception of parking, there is no parking on site. The provision of parking is discussed under GMQS exemption. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. RESPONSE: The Aspen Land Use Plan identifies this area as single family residential, thus the current use of the site and the proposed rezoning are inconsistent with the Plan. Obviously the majority of land uses in this area of Main Street are also inconsistent. The proposal is, however consistent with the rest of Main Street as it is zoned primarily for Office use. As the applicants point out: "the primary purpose of this zone is to provide for the establishment of offices and associated commercial uses..." Staff agrees, but the current zoning is also appropriate. C. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. RESPONSE: The majority of the west end of Main Street is zoned Office. The parcels on both sides of the Library, the Sardy House and the Aspen Clinic, are both zoned office. Although there are some residential uses along Main Street, the majority of land uses are office/commercial in nature. The proposed 2 rezoning is compatible with the surrounding land uses. D. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: Adverse impacts upon the existing road system are not anticipated. Depending upon the future of the building, the lack of on -site parking may have a detrimental effect on the surrounding roads. If the parcel is rezoned, a cash -in -lieu payment would be appropriate. Any reconstruction should incorporate new parking. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. RESPONSE: The applicants do not intend to redevelop the parcel. The rezoning should have little impact upon the provision of public services to the building, e.g., sewer, water, electricity. The building is, however, zoned for public use. Staff is seriously concerned about rezoning a public parcel for private sector office space. The City/County has limited publicly zoned parcels. Including the existing library, there are only seven sites that are zoned for public use within the City. It is the opinion of the Planning Department that if the County and City wish to eliminate a parcel zoned for public services then a public facilities analysis should be conducted to determine the future capacity needs for public services. This is certainly a study that could dove -tail into this Department's review of the Land Use/Community Facilities Element of the Comprehensive Plan. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: The proposal should have no impact upon the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: The proposal to rezone the property to office is consistent with the surrounding zoning of Main Street which is predominantly Office. In addition, as stated in the application, uses allowed within this zone district are consistent with the existing character of the Main Street corridor. 3 • • H. Whether there have bl-en change:: conditions affecting the subject parcel or the surroundin., neighborhood which support the proposed amendment. RESPONSE: The library is being relocated to the Rio Grande property. The application states that: "In the absence of an alternative public use..." rezoning is appropriate. As stated above, staff is uncomfortable rezoning a public parcel without a thorough analysis of the community's public facility needs, and an identification of plans for expansion of public facilities. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. PESPONSE: The applicants propose the sale c`. this parcel to help defray the costs of the new library. Although staff supports the development of the new library, the public zone district is very small and designed to meet a specific community need. Like the LP, NC, and SCI zone districts, the pul.iic zone district is designed to meet specific community needs. These zone districts are in short supply. For example, there are seven sites that are zoned public within the City: Rio Grande SPA, Sanitation District, City Hall, Fire Station, Court House/Jail, Rubey Park, and the Library. To rezone a parcel that is in short supply may be premature at this time. It may be debated that the community is in desperate need of office space. However, it is staff's opinion that there is adequate Office zoning within the City and it is the limitations of GMQS that is creating an office shortage. During our review of the Land Use Element and the subsequent analysis of GMQS, due to begin in April, public facility needs and other land use needs shall be identified in a more focused manner. In summary, staff would like to emphasize that our denial recommendation does not preclude the sale of this property to generate funds for the new library. We are only recommending denial of rezoning for the previously stated reasons. The Library property could be sold to another public entity. Growth Management Exemption: It is difficult to process a change in use unless the future use has been identified thus allowing staff to evaluate whether or not the applicant is effectively mitigating impacts, especially housing. Staff recommends that a change in use review occur, under a separate application, when an actual use is proposed for the building. If the Commission believes that a change in use review is appropriate at this time the following review is provided. Pursuant to Section 8-104 B.1(b) a change in use is a GMQS 4 Exemption provided it can be demonstrated that the change in use will have minimal impact upon the City. The following standards are as follows: 1. A minimal number of additional employees will be generated by the change in use and that employee housing will be provided for the additional employees generated. RESPONSE: The applicants submit the following formula: 1) the building contains approximately 8,000 square feet of gross floor area; 2) assume for discussion purpose that 85% or 6,800 square feet is net leasable; 3) using the Housing Guidelines, 3 employees per 1,000 square feet are generated; 4) thus approximately 20 full time equivalent employees. The applicants also propose that there are approximately 9 full time employees (8 full-time and 2 part-time) working at the library. Therefore the conversion to office would generate an addition of 11 new employees. Staff agrees that this is the formula that should be applied to a change in use. However, since the purchaser and future use of the building is unknown, the true number of employees generated cannot be formulated at this time. The applicants propose either to establish a figure that is acceptable with both the Housing Authority and City or condition the rezoning to a figure determined at such time that the building is sold and a use is identified. As the site is constrained making on -site housing difficult, the applicants require that cash -in -lieu be an acceptable form of mitigation. 2. A minimal amount of additional parking space will be demanded by the change in use and that parking will be provided. RESPONSE: No off-street parking is currently provided on site. A similar scenario exists with a determination of the number of spaces depends upon the use and the amount of net leasable. The applicants offer the same alternatives: agree upon the number of spaces now or wait until the building is sold and identify the number of spaces required. In any event a cash -in -lieu payment is appropriate as there is no room for on- site parking. As potential mitigation and to ensure effective transit in the future, the County manager's office has recommended that the applicants should consider donating 10 foot wide easement along the south property boundary for mass transit purposes. The proposed easement will give RFTA future flexibility to locate a bus shelter on the site. 5 3. Minimal visual impact upon the neighborhood from the change in use. RESPONSE: The proposed rezoning should have no significant impact upon the neighborhood. If the building were to be sold and either demolished and reconstructed or renovated to expand the current bulk on the site, then visual impact may become an issue. However, the property is located in the Main Street Historic District and any redevelopment would be subject to review and any additional square footage would require growth management allocation which includes architectural review. 4. Minimal demand will be placed on the City's public facilities from the change in use. RESPONSE: The loss of a publicly zoned parcel could exacerbate the problems now being experienceG by our community facilities and within our public buildings. Therefore, it is staff's strong recommendation that the rezoning be denied until staff, at the Council's and the Boards direction, analyze our existing and future public facilities' needs. RECOMMENDATION: Staff recommends denial of this proposal until such time that a facilities analysis is conducted to determine the future public facility needs for both the City and the County. ljl/lib.rezon R • 0 MEMORANDUM TO: Leslie Lamont, Planning Office FROM: Tom Newland, Assistant to the County Manager RE: Pitkin County Library Rezoning DATE: January 23, 1990 I have reviewed the information submitted and would like to forward the following comments to you: Employee Generation: I fail to see how the existing library staff (9 FTEs) can be subtracted when determining employee generation figures. The library employees are moving to a new site and will not be lost. The figure based on total usable square footage (20 FTEs) is more appropriate. Parking: If and when a more comprehensive parking analysis is developed, it should take into account the amount of parking required for the existing use (library). The new parking garage is 3 1/2 blocks east of the proposed rezoning. ass Transit: The County is desirous of maintaining the bus stop in front of the property. Although the sidewalk and street curb I s not a part of the property, it is recommended that the applicant consider placing a 10-foot wide easement along the south property boundary for mass transit purposes. This proposed easement will give RFTA future flexibility with respect to overall use of the site. • TO. FROM: RE: DATE: MEMORANDUM Reid Haughey Tom Newland ►JI LU EF ► K3�, AI I t pg2_ :Fv u C�e. Ar, MAu ,,, Feasibility of Using Library for Health and human Services Building January 24, 1990 This is to inform you of my research into, and conclusions concerning use of the existing library building to house Health and Human Services. Existing Conditions: The library site is located on Lots O, N and a portion of Lot M, Block 66, City and Townsite of Aspen. The parcel contains approximately 8,800 square feet, on which an 8,000 sq.ft. one-story brick building with basement was constructed in the late 1960's. Surrounding uses include the Sardy House to the east, Paepcke Park to the south, Aspen Clinic Building to the west, and the Mountain Bell building parking lot to the north. No off-street parking is available on the site. Can the library building be used to house Health and Human Services? Of course, anything can be done. However, there are advantages and dis-advantages to doing so: Advantages: - Location is centrally located in town; - Property is already owned by the County; - Location is on mass -transit lines; - Property is historically known as used for public purposes. Acquiring/renovating an existing building for health and human services is a faster process than constructing a new building. Therefore, the Community Center employee housing project would be started sooner. Dis-advantages: - Structure has about 6,800 usable square feet. As established in recent. studies, Health and Human Services require about 14,000 square feet; Structure is over twenty years old and has probably lived out its's useful life; Library is dependant on the anticipated $2 Million sale of the building to fund new library on Rio Grande site; No room is available on the site to insure parking for users. Other than relying on street parking, the new parking garage is the closest available parking area (3 1/2 blocks). - Building may not be entirely accessible to the developmentally disabled. The is certainly no room for even one handicapped parking space unless it is designated along the street. CONCLUSIONS It is recommended that the County not pursue placement of Health and Human Services at the old library site. The building is old and has insufficient usable space. Although the building could be enlarged, it is felt that replacement is a better use of the money. The cost of acquiring the site ($2 million for new library) is more costly than building a new structure at the hospital ($1.4 million). Parking is a big problem (health and human services generates the need for at least 52 spaces). Please contact me if you have any questions. u-� • C7 ATTACHMENT C RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT THE CITY COUNCIL OF ASPEN CONSIDER THE LOSS OF A PUBLIC ASSET WHEN REZONING THE PUBLIC LIBRARY PARCEL FROM PUBLIC TO OFFICE Resolution No. 90-2 WHEREAS, a duly noticed Public Hearing was held by the Aspen Planning and Zoning Commission (hereinafter "Commission") on February 6, 1990 to consider the rezoning of the existing library parcel from public to office; and WHEREAS, the Commission approved the change -in -use and recommends rezoning to the Council; and WHEREAS, the Commission wished to express their concern, to Council, about losing a public asset recommending that Council consider this potential public asset very closely for uses such as a teen center, CMC office space or other public use. NOW, THEREFORE BE IT FINALLY RESOLVED by the Commission that it recommends to the Aspen City Council careful consideration of the existing library parcel for other public uses. APPROVED by the Commission at their regular meeting on March 6, 1990. ATTEST: AS PEN PLANNING AND ZONING COMMISSION Jan Carney, Deputy City Clerk APPROVED AS TO FORM: Fred Gannett, City Attorney C. Welton Anderson, Chairman APPROVED AS TO CONTENT: Any Margerum, Planning Director I ATTACHMENT D February 2, 1990 Aspen Planning and Zoning Commission 330 S. Galena Street 2nd floor meeting room Aspen, Colorado 81612 Re: Pitkin County Library Rezoning Dear Commissioners: Although I am unable to attend the public hearing on Tuesday, February 6, 1990, I wish to go on record as supporting the recommendation of the Aspen/Pitkin Planning Office and oppose the application requesting rezoning of the property located at 120 E. Main Street, which currently houses the Pitkin County Library. ,�- En/at 'Singer y, i /r dwar Neisser 114 E. Bleeker Street #102 Q HAZLET-r, BURT&NVUSoNT, Imo. George S. Weaver Jr. Memhers President NEW YORK STOCK EXCHANGE, INC. NATIONAL ASSOCIATION OF SECURITY DEALERS. INC. SECURITIES INVESTORS PROTECTION CORPORATION "A Cenarn of senice" February 05, 1990 Aspen Planning and Zoning Commission 330 South Galena Street Second Floor Meeting Room Aspen, CO 81612 Re: Library Rezoning Dear Commissioners: As a long time property owner at 114 East Bleeker, I wish to support the recommendation of the Planning office to oppose the application for rezoning of the Library property at 120 East Main Street A GSW/mja CORPORATE HEADQUARTERS One Central Union Building Wheeling, W.Va. 26003 (304)233-331- WV Watts (800) 85:-5413 George S. Weaver, Jr� 114 East Bleeker BRANCH OFFICE Bank One Building Stcubem ille, Ohio 43952 (614) 282-2781 BRANCH OFFICE One PNB Square Parkersburg, W,Va. 26101 (304) 485-6441 Marietta (614) 374-3707 \VV watt, (8001 (ti1-260; • 0 TO: THRU: FROM: RE: DATE: MEMORANDUM Mayor and Council Bill Efting, Interim City Manager' Amy Margerum and Leslie Lamont, Planning Library Rezoning March 12, 1990 SUMMARY: The applicant proposes to rezone the existing library parcel from Public to Office. Because the application was submitted before February 15, the applicant requested that the Planning and Zoning Commission waive the rezoning deadline. The Planning and Zoning Commission recommends approval of the rezoning and approved the GMQS Exemption for a change in use for the building to convert from a public use to an office use. Staff continues to recommend denial of the rezoning. Until an analysis is conducted to determine the future need for public facilities, it would not be prudent to lose one of our publicly zoned sites. If ehe rezoning is approved, the Council must also read Ordinance 1. Please see attached Ordinance. COUNCIL GOALS: Approval of the rezoning would comply with Council's goal #11: to work together with all people and organizations in the Roaring Fork Valley. To work with all local... agencies to assure that we are responsive to each others needs. But to deny the rezoning is consistent with Goal #9: to maintain, renovate, reconstruct and manage the capital assets of the City. PREVIOUS COUNCIL ACTION: In 1989, Council approved a final SPA plan for the new library on the City's Rio Grande property. BACKGROUND: The Planning and Zoning Commission, at their February 6, 1990 meeting, recommended approval of the rezoning and approved the change of use with conditions. PROBLEM DISCUSSIONS: The applicant (the Board of County Commissioners and the Library Board) intends to rezone the parcel to office and sell the parcel to offset the cost of developing the new library. The Planning and Zoning Commission recommended approval of the rezoning. A change -in -use was requested by the applicant in order to enhance the sale of the parcel. The Commission • • approved the change -in -use with the condition that the ultimate purchaser shall be required to provide housing and parking per their use and occupancy. Please see the attached memo to the Commission for a review of the rezoning criteria. The memo also outlines staff's recommendation for denial and, if approved, the condition of approval. ADVISORY COMMITTEE VOTE: 8 FOR 0 AGAINST KEY ISSUES: 1) The Commission did not want to hold up the future development of the new library. Two years ago the planning review process for the new library identified resale of the existing library parcel necessary for funding the new library. The Commission believed that this was too late a date to hold up the resale for a future needs analysis. 2) The P&Z felt that the rezoning and providing a change -in -use at this point would not preclude the City or the County or any other government agency from utilizing the site. 3) The P&Z felt that public good may be served best by not reserving prime real estate for something that doesn't necessarily need to be right on Main Street. However, alternative sites for public uses have yet to be identified. 4) The Commission also requested a Resolution to the Council recommending Council review of this property for possible acquisition. Specifically that this site is a much better location for a use such as a teen center and the building could be converted at very little cost when balanced against the construction cost of the "Free Land" site. CMC may also be a possible user. Please see attached Resolution. RECOMMENDATIONS: The Planning and Zoning Commission recommends approval of the rezoning of the parcel from public to office with the following condition of approval: 1) Prior to the issuance of a building permit or a Certificate of Occupancy (whichever comes first), the ultimate purchaser shall be required to provide parking in accordance with the Code provision or through cash -in -lieu and shall provide employee housing acceptable to the Housing Authority using the formula indexed to current Housing guidelines for the occupancy and type of use in the building. Staff recommended denial of the rezoning at the Planning Commission hearing. ALTERNATIVES: 1) Council could deny the rezoning which does not preclude the sale of the building but limits the permitted uses 2 on the site and this does not preclude the sale of the property to the City or other purchasers. 2) Council could approve the rezoning with conditions. 3) Council could deny the rezoning in order to study, in conjunction with the Aspen Land Use Element and Community Facilities Update, how this asset may be applied toward our community facility needs. For example, the Youth Center or CMC. PROPOSED MOTION: I move to approve the rezoning of the library parcel with conditions at 120 East Main or I move to deny the rezoning of the library parcel at 120 East Main. I move to read Ordinance Ordinance /5- . CITY MANAGER COMMENTS: I move to adopt at f irst reading ATTACHMENTS: A. Ordinance B. Planning & Zoning Commission Memo, February 6, 1990 C. Planning & Zoning Commission Resolution 90-2 D. Letters from Citizens 3 • ATTACHMENT B • MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planning RE: Library Rezoning & Change in Use GMQS Exemption DATE: February 6, 1990 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The applicant proposes to rezone the existing library parcel from Public to Office while seeking a GMQS Exemption for a change in use. Because the application has been submitted prior to the February 15 date for rezoning, the applicant requests that the P&Z waive the rezoning deadline. Staff recommends denial of this application. APPLICANT: Library Board, 506 East Main Street, Aspen PROPERTY OWNER: Pitkin County, 506 East Main Street, Aspen LOCATION: 120 East Main Street, Lots O, N, & part of M, Block 66 APPLICANT'S REQUEST: Rezone the parcel from Public to Office, and GMQS exemption for a change in use. REFERRAL COMMENTS: Please see the attached referral from the County Manager's Office. In addition, the County Manager's office has provided an analysis of the library building's ability to house Health and Human Services. PROJECT SUMMARY: As you know, the development of the new library was approved for a portion of the Rio Grande property. In order to help defray their costs, the Library Board proposes to sell the existing library parcel. Presently, the parcel is zoned Public. To facilitate a sale of the property the Board requests a rezoning of the parcel from Public to Office. In addition to rezoning, the applicant's are seeking a GMQS Exemption for a change in use of existing structures. Although the change in use language does not include a change from a public use to an office use, Alan Richman, at some point last year, made the interpretation that the change in use section is appropriate for a conversion of Public use to Office use. Staff concurs. According to Section 7-1103, a development application for an amendment to the Official Zone District Map may only be submitted on or prior to February 15 or August 15. Because the applicants have submitted well before February 15, they request the P&Z to waive the rezoning deadline. Waiving rezoning deadlines does not commit the P&Z to support the application, it only enables the application to be processed. Historically, it has been the policy of the City to entertain a rezoning application with a specific development proposal for the site. At this point, there is not a purchaser for the site, however, the applicants wish to proceed and will include conditions of approval with the sale of the property to be fulfilled by the purchasers. STAFF CONMENTS: The rezoning of the parcel to Office is both consistent and compatible with the surrounding land uses along Main Street. Staff is recommending denial because this parcel is one of only seven Public zoned parcels in the City. Until staff can conduct a public facilities analysis and determine current and future public service needs it would be careless to eliminate a publicly zoned parcel from the City and County inventory. Map Amendment: Pursuant to Section 7-1102 the standards of review for a map amendment are as follows: A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. RESPONSE: The application is consistent with the requirements of the Land Use Code. The proposed rezoning is consistent with the surrounding zoning and the existing building complies with the dimensional requirements of the Office zone with the exception of parking, there is no parking on site. The provision of parking is discussed under GMQS exemption. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. RESPONSE: The Aspen Land Use Plan identifies this area as single family residential, thus the current use of the site and the proposed rezoning are inconsistent with the Plan. Obviously the majority of land uses in this area of Main Street are also inconsistent. The proposal is, however consistent with the rest of Main Street as it is zoned primarily for Office use. As the applicants point out: "the primary purpose of this zone is to provide for the establishment of offices and associated commercial uses..." Staff agrees, but the current zoning is also appropriate. C. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. RESPONSE: The majority of the west end of Main Street is zoned Office. The parcels on both sides of the Library, the Sardy House and the Aspen Clinic, are both zoned office. Although there are some residential uses along Main Street, the majority of land uses are office/commercial in nature. The proposed 6 • rezoning is compatible with the surrounding land uses. D. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: Adverse impacts upon the existing road system are not anticipated. Depending upon the future of the building, the lack of on -site parking may have a detrimental effect on the surrounding roads. If the parcel is rezoned, a cash -in -lieu payment would be appropriate. Any reconstruction should incorporate new parking. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. RESPONSE: The applicants do not intend to redevelop the parcel. The rezoning should have little impact upon the provision of public services to the building, e.g., sewer, water, electricity. The building is, however, zoned for public use. Staff is seriously concerned about rezoning a public parcel for private sector office space. The City/County has limited publicly zoned parcels. Including the existing library, there are only seven sites that are zoned for public use within the City. It is the opinion of the Planning Department that if the County and City wish to eliminate a parcel zoned for public services then a public facilities analysis should be conducted to determine the future capacity needs for public services. This is certainly a study that could dove -tail into this Department's review of the Land Use/Community Facilities Element of the Comprehensive Plan. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: The proposal should have no impact upon the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: The proposal to rezone the property to Office is consistent with the surrounding zoning of Main Street which is predominantly Office. In addition, as stated in the application, uses allowed within this zone district are consistent with the existing character of the Main Street corridor. 3 H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: The library is being relocated to the Rio Grande property. The application states that: "In the absence of an alternative public use..." rezoning is appropriate. As stated above, staff is uncomfortable rezoning a public parcel without a thorough analysis of the community's public facility needs, and an identification of plans for expansion of public facilities. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. RESPONSE: The applicants propose the sale of this parcel to help defray the costs of the new library. Although staff supports the development of the new library, the public zone district is very small and designed to meet a specific community need. Like the LP, NC, and SCI zone districts, the public zone district is designed to meet specific community needs. These zone districts are in short supply. For example, there are seven sites that are zoned public within the City: Rio Grande SPA, Sanitation District, City Hall, Fire Station, Court House/Jail, Rubey Park, and the Library. To rezone a parcel that is in short supply may be premature at this time. It may be debated that the community is in desperate need of office space. However, it is staff's opinion that there is adequate Office zoning within the City and it is the limitations of GMQS that is creating an office shortage. During our review of the Land Use Element and the subsequent analysis of GMQS, due to begin in April, public facility needs and other land use needs shall be identified in a more focused manner. In summary, staff would like to emphasize that our denial recommendation does not preclude the sale of this property to generate funds for the new library. We are only recommending denial of rezoning for the previously stated reasons. The Library property could be sold to another public entity. Growth Management Exemption: It is difficult to process a change in use unless the future use has been identified thus allowing staff to evaluate whether or not the applicant is effectively mitigating impacts, especially housing. Staff recommends that a change in use review occur, under a separate application, when an actual use is proposed for the building. If the Commission believes that a change in use review is appropriate at this time the following review is provided. Pursuant to Section 8-104 B.l(b) a change in use is a GMQS 4 Exemption provided it can be demonstrated that the change in use will have minimal impact upon the City. The following standards are as follows: 1. A minimal number of additional employees will be generated by the change in use and that employee housing will be provided for the additional employees generated. RESPONSE: The applicants submit the following formula: 1) the building contains approximately 8,000 square feet of gross floor area; 2) assume for discussion purpose that 85% or 6,800 square feet is net leasable; 3) using the Housing Guidelines, 3 employees per 1,000 square feet are generated; 4) thus approximately 20 full time equivalent employees. The applicants also propose that there are approximately 9 full time employees (8 full-time and 2 part-time) working at the library. Therefore the conversion to office would generate an addition of 11 new employees. Staff agrees that this is the formula that should be applied to a change in use. However, since the purchaser and future use of the building is unknown, the true number of employees generated cannot be formulated at this time. The applicants propose either to establish a figure that is acceptable with both the Housing Authority and City or condition the rezoning to a figure determined at such time that the building is sold and a use is identified. As the site is constrained making on -site housing difficult, the applicants require that cash -in -lieu be an acceptable form of mitigation. 2. A minimal amount of additional parking space will be demanded by the change in use and that parking will be provided. RESPONSE: No off-street parking is currently provided on site. A similar scenario exists with a determination of the number of spaces depends upon the use and the amount of net leasable. The applicants offer the same alternatives: agree upon the number of spaces now or wait until the building is sold and identify the number of spaces required. In any event a cash -in -lieu payment is appropriate as there is no room for on- site parking. As potential mitigation and to ensure effective transit in the future, the County manager's office has recommended that the applicants should consider donating 10 foot wide easement along the south property boundary for mass transit purposes. The proposed easement will give RFTA future flexibility to locate a bus shelter on the site. 5 • • 3. Minimal visual impact upon the neighborhood from the change in use. RESPONSE: The proposed rezoning should have no significant impact upon the neighborhood. If the building were to be sold and either demolished and reconstructed or renovated to expand the current bulk on the site, then visual impact may become an issue. However, the property is located in the Main Street Historic District and any redevelopment would be subject to review and any additional square footage would require growth management allocation which includes architectural review. 4. Minimal demand will be placed on the City's public facilities from the change in use. RESPONSE: The loss of a publicly zoned parcel could exacerbate the problems now being experienced by our community facilities and within our public buildings. Therefore, it is staff's strong recommendation that the rezoning be denied until staff, at the Council's and the Boards direction, analyze our existing and future public facilities' needs. RECOMMENDATION: Staff recommends denial of this proposal until such time that a facilities analysis is conducted to determine the future public facility needs for both the City and the County. ljl/lib.rezon 11 ATTACHMENT C RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT THE CITY COUNCIL OF ASPEN CONSIDER THE LOSS OF A PUBLIC ASSET WHEN REZONING THE PUBLIC LIBRARY PARCEL FROM PUBLIC TO OFFICE Resolution No. 90-2 WHEREAS, a duly noticed Public Hearing was held by the Aspen Planning and Zoning Commission (hereinafter "Commission") on February 6, 1990 to consider the rezoning of the existing library parcel from public to office; and WHEREAS, the Commission approved the change -in -use and recommends rezoning to the Council; and WHEREAS, the Commission wished to express their concern, to Council, about losing a public asset recommending that Council consider this potential public asset very closely for uses such as a teen center, CMC office space or other public use. NOW, THEREFORE BE IT FINALLY RESOLVED by the Commission that it recommends to the Aspen City Council careful consideration of the existing library parcel for other public uses. APPROVED by the Commission at their regular meeting on March 6, 1990. ATTEST: ASPEN PLANNING AND ZONING COMMISSION Jan Carney, Deputy City Clerk APPROVED AS TO FORM: Fred Gannett, City Attorney C. Welton Anderson, Chairman APPROVED AS TO CONTENT: Amy Margerum, Planning Director • E ATTACHMENT D February 2, 1990 Aspen Planning and Zoning Commission 330 S. Galena Street 2nd floor meeting room Aspen, Colorado 81612 Re: Pitkin County Library Rezoning Dear Commissioners: Although I am unable to attend the public hearing on Tuesday, February 6, 1990, I wish to go on record as supporting the recommendation of the Aspen/Pitkin Planning Office and oppose the application requesting rezoning of the property located at 120 E. Main Street, which currently houses the Pitkin County Library. 'Sing y, i dwar Neisser En/at 114 E. Bleeker Street #102 • EXHIBIT A 0 That part of Lots N, O and part of M, Block 66, ORIGINAL ASPEN TOWNSITE according to the plat on file in the office of the Pitkin County Clerk and Recirder, known as the "OFFICIAL MAP, CITY OF ASPEN PITKIN COUNTY STATE OF COLORADO". The boundary being more fully described as follows: Beginning at the southeasterly corner of said Lot 0; thence westerly North 75 degrees 09 minutes 11 seconds West, along the Mher.ly property and Block boundary of said Lots O, N and M, eet; thence North 14 degrees 50 minutes 49 seconds East 8.33 feet; thence South 75 degrees 17 minutes 40 seconds East, 68.95 feet more or less to the easterly boundary of Lot 0; thence South 14 dearees 50 minutes 49 seconds West, along said easterly boundary 8.50 feet to the point of beginning. r ►, 0 EXHIBIT A • That part of Lots N. 0 and part of M, Block 66, ORIGINAL ASPEN TOWNSITE according to the plat on file in the office of the Pitkin County Clerk and Recorder, known as the "OFFICIAL MAP, CITY OF ASPEN PITKIN COUNTY STATE OF COLORADO". The boundary being more fully described as follows: Beginning at the southeasterly corner of said Lot 0; thence westerly North 75 degrees 09 minutes 11 seconds West, along the southerly property and Block boundary of said Lots 0, N and M, 68.95 feet; thence North 14 degrees 50 minutes 49 seconds East. 6.00 feet; thence South 75 degrees 17 minutes 40 seconds East, 68.95 feet more or less to the easterly boundary of Lot 0; thence South 14 degrees 50 minutes 49 seconds West, along said easterly boundary 6.17 feet to the point of beginning. 1 Louis H. Buettner Surveying 0040 West Sopris Creek Road Basalt, Colorado 81621 (303-927-3611) February 21, 1990 Pitkin County Roaring Fork Transit Agency 20101 West State Hiahway no. 82 Aspen, Colorado 81611 Att: Kennv K. Osier Director of Maintenance Dear Mr.Osier The accomoanving map and descriptions are for the purposed transportation easement at the Pitkin County Library. The man shows the existing improvements at the Library. The map also shows the area(s) that RFTA wishes to obtain for the Bus loading and unloading. The descriptions for the land are as follows: Description no. 1 (You will find a 1 in the lower right hand corner of the page). This description is for •the property between the southerly property boundary and the base (bottom) of the sloping brick wall in front of the Library. The East-West limits are the easterly property boundary and the easterly side of the Library entrance walk. Description no. 2 (The 2 is aaain in the lower right hand corner of the page). This description covers the area of description no. 1 plus the sloping brick wall. Part of this description is located under the Library roof overhang. Description no. 3 (The 3 is in the lower right hand corner of the page). The description covers the area of descriptions no. 1 8 2 but extends to the front of the Library building. This description will have approximately 7 feet under the Library building roof overhang. You will note that each description is labeled EXHIBIT A. This labeling was done so the description would not need copying to any document, but only a reference needs to be made with the attachment. The included property descriptions are based on field observations. I have reviewed the descriptions for errors and found them to be accurate to the best of my knowledge and belief. Any change, addition or cjeletion to the description will i any expressed or .plied responsibility that I might act to void ect property the subj tact me. have towards lease feel free to con If you haVe any questions P Library map in copies of the for each Attached are two °f <2> reduced one copy is colored the library building• the area tion areas. o,f the des" Sincerely H• guettn LS 13166 er Lou i s fa`FyJ K• Shellman, Jr. cc: Dwight MI V • c . b lwi TO: City Attorney County Manager County Attorney FROM: Leslie Lamont, Planning Office RE: Pitkin County Library Rezoning DATE: December 27, 1989 ---------------------------------------------------------------- ---------------------------------------------------------------- Attached for your review and comments is an application from the BOCC for the rezoning of the library property at 120 E. Main Street from Public to Office zone district. Please review this material and return your comments to me no later than January 19, 1990. Thank you. ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 December 27, 1989 Sunny Vann Vann Associates 230 E. Hopkins Avenue Aspen, CO 81611 RE: Pitkin County Library Rezoning Dear Sunny, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled your application for review by the Aspen Planning and Zoning Commission at a public hearing on Tuesday, February 6, 1990 at a meeting to begin at 4:30 pm. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. If you have any questions, please call Leslie Lamont, the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant i Pitkin County November 1, 1989 HAND DELIVERED Ms. Leslie Lamont Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 RE: Permission to Represent Dear Ms. Lamont: Please consider this letter authorization for the Pitkin County Library Board to represent the Board of County Commissioners in the processing of our application to rezone the existing library property located at 120 East Main Street. The Library Board is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application Should you have any questions, or if we can be of any further assistance, please do not hesitate to contact the County Manager. Sincerely, BOARD OF COUNTY COMMISSIONERS �_j L"J /L ( ,,- L Herschel Ross Vice Chairman TEW/hfs cc: Kathy Chandler twl2.459 Administration County Commissioners County Attorney 530 E. Main, 3rd Floor Suite B Suite I Aspen, CO 81611 506 E. Main Street 530 E. Main Street (303)920-5200 Aspen, CO 81611 Aspen, CO 81611 FAX 920-5198 (303)920-5150 (303)920-5190 Personnel and Finance Suite F 530 E. Main Street Aspen, CO 81611 (303)920-5220 Road and Bridge Fleet Management 20210 W. Highway 82 Aspen, CO 81611 (303)920-5390 0 CITY OF ASPEN 0 PRE -APPLICATION CONFERENCE SUMMARY PROJECT:-OVw'Cl • APPLICANT'S REPRESENTATIVE: REPRESENTATIVE' S IPH11O//NE: S _ OWNER'S NAME.- i n L pq LJ SUMMAR 1. Type of Application: �V-`koQj SQr 2. Describe action/type of development being requested: 1 4 Z (_) e, ` In L40 s Q..0�t 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments 4. Review is: (P&Z Only) (CC Only) (�_(P&Z then to CC) 5. Public Hearing: -(YES (NO) 6. Did you tell applicant to submit list of ADJACENT PROPERTY OWNERS? (YES) (NO) Disclosure of Ownership: (YES) (NO) 7. What fee was applicant requested to submit C S O O 8. Anticipated date of submission: 9. COMMENTS/UNIQUE CONCERNS: VANN ASSOCIATES, INC. Planning Consultants November 10, 1989 HAND DELIVERED Ms. Leslie Lamont Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Pitkin County Library Rezoning Dear Leslie: Please consider this letter an application to rezone the Pitkin County Library property which is located at 120 East Main Street from PUB, Public to O, Office (see Land Use Application Form attached hereto as Exhibit 1). The applica- tion also requests an exemption from growth management to permit the use of the building to be changed. The application is submitted by the Pitkin County Library Board on behalf of the Board of County Commissioners, the owner of the property (see Exhibit 2, Consent to Applica- tion). A Warranty Deed evidencing the County's ownership of the property is attached as Exhibit 3. Permission for Vann Associates, Inc. to represent the Applicant is attached as Exhibit 4. A list of landowners within three hundred (300) feet of the property is attached as Exhibit 5. As you know, a new library has bee the City's Rio Grande property whi the municipal parking garage. Th facility is anticipated to commen The Applicant wishes to rezone t consistent with surrounding zoning for such use(s) as may be allowed district. The proceeds of the sa the cost of the new library. Existing Conditions c n approved on a portion of ch is located adjacent to e construction of the new e in the spring of 1990. he existing library site and to sell the property within the O, Office zone Le will be used to offset As the accompanying survey illustrates, the existing library site consists of Lots O, N and the easterly twenty (20) feet of Lot M, Block 66, City and Townsite of Aspen, as well as . ___. nuns r,:enue • Asoen. Coioraoo 81611 • '1 9- 0 Ms. Leslie Lamont November 10, 1989 Page 2 the southerly ten (10) feet of the alley which is contiguous to these lots. The alley was vacated by the City Council pursuant to Ordinance No. 2, Series of 1961. The property appears to have been zoned Public in connection with the general rezoning of the City in 1975. The parcel contains approximately eight thousand eight hundred (8,800) square feet of land area and is accessible from both Main Street and a portion of the vacated alley. Manmade improvements to the property are limited to a one story brick building with basement. The existing library building was constructed in the late 1960's and contains approximately eight thousand (8,000) square feet, including the basement. The property is bounded on the north by the vacated alley and the Mountain Bell building's parking lot. The Sardy House lodge and the Aspen Clinic building are located to the east and west of the library, respectively. Paepcke Park is located across from the library south of Main Street. Existing zoning in the immediate site area consists primarily of 0, Office and LP, Lodge Preservation. Paepcke Park is zoned P, Park, while the area behind the library is zoned R- 6, Residential. The property is located in the so-called Main Street Historic Overlay District. The library building, however, has not been individually designated. Rezoning Pursuant to Section 7-1103 of the Land Use Regulations, an application for rezoning may only be submitted on or prior to February 15 and August 15 of each year. As this year's annual deadlines for the submission of such applications has passed, the Applicant respectfully requests that the P&Z initiate the rezoning. In view of the public benefit to be derived from the rezoning, and the proposed construction schedule for the new library, the Applicant's request, I believe, is reasonable. It is understood, however, that the P&Z's willingness to initiate the rezoning does not represent a commitment to recommend approval of the proposed rezoning to the City Council. The specific review criteria for rezoning applications, and the proposed rezoning's compliance therewith, are summarized as follows. 1. "Whether the proposed amendment is in conflict with any applicable portions of this chapter." Ms. Leslie Lamont November 10, 1989 Page 3 To the best of the Applicant's knowledge, the proposed rezoning is consistent with the requirements of the Aspen Land Use Regulations. The existing structure appears to conform to all dimensional requirements of the O, Office zone with the exception of parking. No parking is presently available on the library site. It should be noted, however, that none was probably required when the building was constructed. Significant public parking is available in the immediate site area. W LQJ 2. "Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan." The 1973 Aspen Land Use Plan indicates that the project site is located within the so-called "Residential/Single-Family" land use category. The intent and purpose of this category is to allow for the development of single-family permanent residential uses. The current use of the property is obviously inconsistent with this classification, as are the majority of existing lands uses in the immediate site area and, arguably, the area's existing zoning. While residential development is a permitted use within the O, Office zone district, the primary purpose of this zone is "to provide for the establishment of offices and associated commercial uses ...". As O, Office is the predominant zoning classification of the Main Street corridor, and given the fact that the corridor was zoned Office following the adoption of the Aspen Land Use Plan, the proposed rezoning is consistent with the City's prior zoning of the area. To the best of the Applicant's knowledge, no other element of the Aspen Area Comprehensive Plan contains recommendations which preclude, or otherwise pertain to, the proposed rezoning. 3. "Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics." As the City's Zoning Map illustrates, the majority of the area surrounding the project site is zoned for, and occupied by, commercial uses. The Sardy House lodge, which is located east of and adjacent to the site is zoned O, Office, as is the Aspen Clinic building located immediately west of the site. In fact, with the exception of Paepcke Park, and the various lodges which have been rezoned to LP, Lodge Preser- vation, the entire Main Street corridor is zoned O, Office. 0 0 Ms. Leslie Lamont November 10, 1989 Page 4 Based on the above, the Applicant believes that a rezoning of the library property to O, Office would be compatible with the existing zone districts and land uses in the immediate site area. While there are various residences scattered throughout the area, the Main Street corridor is unques- tionably commercial in character. It should also be noted that the area's residences are increasingly converting to commercial use (e.g., the Elisha house and the log cabin at Third and Main). 4. "The effect of the proposed amendment on traffic genera- tion and road safety." The proposed rezoning should have no adverse effect upon the existing road system. The only commercial uses which are permitted within the 0, Office zone district are professional and business offices. It would appear reasonable to assume that the trip generation characteristics of these uses would approximate those of the existing library, resulting, therefore, in no significant increase in traffic levels. In fact, trip generation levels may actually decrease depending on how a purchaser actually uses the property. 5. $'Whether and the extent to which the proposed amendment would result in demands on4ub�_ facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities.,$ No significant impact upon the various public facilities which presently serve the existing library is anticipated. Main Street is currently functioning below its acceptable capacity level in the immediate site area. Existing water, sewer and drainage systems are either adequate to handle the existing structure or will be upgraded by the purchaser as may be required. Similarly, no significant impact upon the City's parks, schools and emergency medical facilities should occur as a result of the proposed rezoning. 6. "Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment.,, The Applicant's proposed rezoning should have no impact upon the natural environment. 0 0 Ms. Leslie Lamont November 10, 1989 Page 5 7. 'Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. 11 While compatibility with the City's "community character" is obviously a subjective criteria, the Applicant believes that the uses that are allowed within the proposed O, Office zone district are consistent with the existing character of the Main Street corridor. As discussed previously, the predomi- nant zoning classification of the immediate site area is O, Office. 8. 'Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment." The so-called "changed conditions" which support the Appli- cant's request for rezoning are the relocation of the Pitkin County Library to the Rio Grande property and the termination of the existing building's use for public purposes. In the absence of an alternative public use, rezoning of the property to allow redevelopment consistent with existing land uses and zone district classifications in the immediate site area is appropriate. 9. "Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter." Inasmuch as the proposed rezoning would facilitate the sale of the property, which in turn would generate much needed funds to help defray the cost of the new library, the public interest would appear to be appropriately served by approval of the rezoning request. As discussed previously, the proposed rezoning is consistent with existing land uses and zoning in the immediate site area and with the purpose and intent of the City's O, Office zone district. Growth Management Exemption Pursuant to Section 8-104.B.1.b. of the Regulations, any change in use of an existing structure between the residen- tial, commercial/office and tourist accommodations categories is exempt from growth management provided it can be demon- strated that the change in use will have minimal impact upon the City. While this language does not specifically address the conversion of public structures, the former Planning Director has determined that such changes in use should be reviewed pursuant to this Section. Ms. Leslie Lamont November 10, 1989 Page 6 The applicable review criteria for a change in use growth management exemption, and the proposed rezoning's compliance therewith, are summarized as follows. 1. "A determination of minimal impact shall require a demonstration that a minimal number of additional employees will be generated by the change in use and that employee housing will be provided for the additional employees generated.,, As discussed previously, the existing library building contains approximately eight thousand (8,000) square feet of gross floor area. If we assume for purposes of discussion that approximately eighty-five (85) percent of the building, or six thousand eight hundred (6,800) square feet, is net leasable, conversion of the library to commercial purposes would theoretically generate approximately twenty (20) full- time equivalent employees (i.e., 6,800 Sq. Ft./1,000 Sq. Ft. x 3 Employees per 1,000 Sq. Ft. Net Leasable). The Pitkin County Library is currently staffed by eight (8) �full-time and two (2) part-time employees, or approximately . nine (9) full-time equivalent employees. As a result, the change in use of the Library building to O, Office, would generate a net addition of eleven (11) new employees. However, as the purchaser, and the ultimate use of the building, remain unknown, a definitive statement as to the additional employees generated cannot be made at this time. To resolve the issue, the Applicant proposes to either negotiate with the City and Housing Authority to establish a mutually acceptable generation figure at this time or to condition the rezoning upon a future determination to made at such time as the building is sold and the actual use ascertained. In either case, the responsibility for mitiga- tion will be assumed by the purchaser. As the extent to which employee housing can be accommodated on -site is presently unknown, the Applicant requests that a cash payment -in -lieu of housing be established as an acceptable form of mitigation. 2. "That a minimal amount of additional parking spaces will be demanded by the change in use and that parking will be provided." As discussed previously, no off-street parking is presently provided on the library property, due most likely to the absence of a on -site parking requirement when the building was constructed. Present regulations, however, require from Ms. Leslie Lamont November 10, 1989 Page 7 one and one-half (1-1/2) to three (3) spaces per one thousand (1,000) square feet of net leasable area, depending on whether a cash payment -in -lieu of parking is utilized. Again, if we assume that the existing building's net leasable area is six thousand eight hundred (6,800) square feet, the resulting parking requirement would be approximately ten (10) to twenty (20) spaces. However, as we do not know how a purchaser will ultimately use the space, a more detailed computation of the additional parking requirement generated by the change in use cannot be determined at this time. Regardless of the requirement, it should be noted that no on -site parking can be provided if the existing building is retained. As in the case of employee generation, a solution can either be arbitrarily determined at this time or the rezoning can be conditioned upon satisfaction of the City's parking requirement at such time as the property is sold and its future use determined. Given the limitations imposed by the existing building, the ability to mitigate parking impacts via a cash -in -lieu payment is essential to the sale of the property. 3. "That there will be minimal visual impact upon the neighborhood from the change in use." No significant visual impact upon the neighborhood is anticipated as a result of the proposed rezoning. As the property is located within the Main Street Historic Overlay District, any modification of the building's exterior would be subject to the Historic Preservation Commission's review. Similarly, any expansion of the building would be subject to the receipt of a commercial growth management allocation, the approval of which also requires architectural review. 4. 'That minimal demand will be placed on the City's public facilities from the change in use." In view of the property's location, it is reasonable to assume that no significant impact on the City's public facilities will occur as a result of the library's conversion to commercial use. Existing utilities should be adequate to serve the change in use and additional utility tap fees would be paid by the purchaser as may be required. To the best of the Applicant's knowledge, no other public facilities would be adversely impacted by the proposed rezoning. Any impacts resulting from the future expansion of the building would be addressed in connection with growth management review. Ms. Leslie Lamont November 10, 1989 Page 8 Should you have any questions, or require additional informa- tion, please do not hesitate to call. Very truly yours, �MMMO—ft VANN 4SSOCIATES, INC. Sunny Vary( AICP SV:cwv Attachments EXHIBIT 1 ATTAa NERr 1 ,( BLAND USE APP11CATLON MEM 1) Project Namel�l` 2) Proj ect Location ( indicate street address, lot & block number, legal description where appropriate) 3) Present Zoning / `�' 4) Lot Size end 5) Applicant's Name, Address & Phone # / 6) Represe itative's Name, ddreSS & Phone # 7) Type of Application (Please check all that apply): Conditional Use tual SPA Coanoeptual Historic Dev. Special Review Final. SPA Final Historic Dev. 8040 Greenline Conoeptual PUD Minor Historic Dev. Stream Margin Final PUD Historic Dcmolition Mountain View Plane Subdivision Historic Designation Ct�initnni nation vZ Tr..xt/Map Amendment GM S Allotment Lot Split/lot Line GMS Exeptio n Adjustment nt 8) Description of Existing -sting Uses (rx rater and type of existing structures; approximate sq. ft. ; number of bedrooms; any previous approvals granted to the Party) - 9) Description of Development Application 10) Have you attached the following? Response to Attaciment 2, Minimml Submission Omtents ✓ Rem to Attachment 3, Specific Submission its ✓ Re`spaise to Attachment 4, Review Stan3az S for Your APplIcat.ion Recorded at....1.Z.:_1q......oclock M.. •Iune_.28I_1965 2---- G13 . �K Reception No..._..121049 Peggyj, Coble .............. _...........Recorder. FRED GLIDDEN a'hoseaddressis Aspen, Colorado County of Pitkin , and State of Colorado , for the consideration of Ten dollars and other valuable considerations gpHwn. in hand paid, hereby well(,) and convey(@) to THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO whose address is Aspen, Colorado County of Pitkin , and State of Colorado the following real property in the County of Pitkin , and State of Colorado, to wit: The Easterly 20 feet of Lot M, all of Lot N and all of Lot 0, in Block 66, and the Southerly 10 feet of the vacated alley through the block adjacent and contiguous to said Lots N, 0 and the Easterly 20 feet of Lot M. Block 66, in the City and Townsite of Aspen, Colorado, also, but without warranty, an casement as described in Book 202 at Page 429. Pitkin County Clerk and Recorder"s Office for joint use for purposes of egress and ingress only to the above described property, over and across the northerly 15 feet of Lots K and L and the Westerly 10 feet of Lot M, and the Southerly 10 feet of the alley through the block adjacent and contiguous to said lots, pith all its appurtenances, and warrant(s) the title to flip same, subject to Patent reserva= tions, easements and rights of way of record, and 1eK,HW-;sdRac note in favor of Bank of Aspen for $10,000. Pitkin County Rfatom Muir also taxes for 1965 payable in 1966, all of which Grantee assumes and agrees to pay. Sigurd this day of June , 19 65 i STATE OF COLORADO County of Pitkin The foregoing instrument teas acknou•Iedgrd before me this o28 /4, day of June .1965 ,by Fred Glidden. My commission expires J; /9Z7 Witness my hand and o forsal seal !/ O O r;••r•n wel� nteful"11 Ac4norl,dp,nnt.—If by natural person ar 1#non Here Inert n.me m Hymn: 1f hr Dpee •ouno In ..'rrv-s.•�uurr nr of ticl.l naNcll/' or .. ptlnrneYY-In-!•el, Nen Ineer[ n•me of D:'r•nn U e•rculorr •n„rneyIn-f eel r other cuppsa ItT or drKrlp• t•on tlnnb nanrinarlL eorpor•Ilnn, then Inert Hams of sit ofI.c.r or ofticen, .. Me 1'n.ld.nt ur olh.r n.ff_ of such eor• \o. 897 P'•rnnlT D•N--6Mrl 131-1•I11u.—eN INf. —U ndfnrd.l!a4•w P,1atlaaC n r, 1111241e 61—f:lml• Denny, tol.•ndr 477 I I i I I EXHIBIT 5 ADJACENT OWNER'S STATEMENT Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies the following list is a current list of adjacent property owner's within three hundred feet of the subject property set forth on Schedule "A" attached hereto and made a part hereof, as obtained from the most current Pitkin County Assessors Tax Rolls. NAME AND ADDRESS CONSTANCE M. HOGUET 333 EAST 68TH STREET NEW YORK, NEW YORK 100021 GEORGE S. WEAVER, JR. AND SHIRLEY M. WEAVER C/O VIRGINIA HURST 1 CENTRAL UNION BUILDING WHEELING, WEST VIRGINIA 26003 EDWARD NEISSER AND JUDITH E. NEISSER C/O HARRIS ASSOCIATES, L.P. ROOM 500 2 NORTH LA SALLE CHICAGO, ILLINOIS 60602 WILSON V. GARRETT AND JANELLA H. GARRETT 7158 HILLSGREEN DALLAS, TEXAS 75116 BRIEF LEGAL DESCRIPTION PT LOT 0, ALL LOT P, & PT LOT Q, BLOCK 65 CITY AND TOWNSITE OF ASPEN 114 EAST BLEEKER STREET CONDOMINIUMS 114 EAST SLEEKER STREET CONDOMINIUMS LOTS L AND M, BLOCK 65, CITY AND TOWNSITE OF ASPEN EDWIN J. GROSSE AND ADELINE M. GROSSE LOT K, BLOCK 65, 34135 HUNTERS ROW CITY AND TOWNSITE OF ASPEN FARMINGTON HILLS, MICHIGAN 480331 LARRY SALITERMAN BLEEKER HEIGHTS CONDOMINIUMS 2240 LEE AVENUE, NORTH MINNEAPOLIS, MINNESOTA 55424 MARY ESHBAUGH HAYES 209 EAST BLEEKER STREET ASPEN, COLORADO 81611 WHEELER SQUARE ASSOCIATES C/O THE DONALD J. FLEISHER CO 710 EAST DURANT AVENUE ASPEN, COLORADO 81611 ETHEL McCABE AND FRED PEARCE P.O. BOX 531 ASPEN, COLORADO 81611 LOTS C AND D, BLOCK 73, CITY AND TOWNSITE OF ASPEN LOT K, BLOCK 73, CITY AND TOWNSITE OF ASPEN LOT N, BLOCK 73, CITY AND TOWNSITE OF ASPEN CONTINUED... • • RICHARD CARTER AND CLAUDETTE CARTER 202 EAST MAIN STREET ASPEN, COLORADO 81622 METHODIST CHURCH 200 EAST BLEEKER ASPEN, COLORADO 81611 CLAUDE M. CONNER AND CLAUDINE M. CONNER P.O. BOX 345 ASPEN, COLORADO 81611 MATTHEW BUCKSBAUM AND CAROLYN S. BUCKSBAUM 215 KEO P.O. BOX 1536 DES MOINES, IOWA 50306 ROBERT G. HAMMOND AND YVONNE HAMMOND P.O. BOX 280 EVERGREEN, COLORADO 80439 PRISCILLA ANNE SADLER P.O. BOX 2989 ASPEN, COLORADO 81612 ASPEN CLINIC BUILDING, A GENERAL PARTNERSHIP 100 EAST MAIN STREET ASPEN, COLORADO 81611 THE HOTEL ASPEN 730 EAST DURANT AVENUE ASPEN, COLORADO 81611 JAMES W. DAVIS 2349 N.E. 28TH CT LIGHT HOUSE POINT, FLORIDA 33064 DAVID SLOVITER C/O CURTISS LABORATORIES 2510 STATE ROAD BENSALEM, PENNSYLVANIA 19020 LEONARD HOROWITZ AND ARLENE HOROWITZ 86 ACORN PONDS DRIVE NORTH HILLS, NEW YORK 11576 PHILIP SILVERSTEIN AND ROSALYN SILVERSTEIN 225 KNOLLS CRESCENT BRONX, NEW YORK 10463 LOTS L AND M, BLOCK 73, CITY AND TOWNSITE OF ASPEN LOTS K, L, AND M, BLOCK 72, AND LOTS A AND B, BLOCK 73, CITY AND TOWNSITE OF ASPEN LOTO A, B, AND C, BLOCK 74, CITY AND TOWNSITE OF ASPEN LOTS K AND L, BLOCK 74, CITY AND TOWNSITE OF ASPEN PT LOT R AND ALL OF S, BLOCK 65, CITY AND TOWNSITE OF ASPEN PT LOT 9 AND PT LOT R, BLOCK 65, CITY AND TOWNSITE OF ASPEN LOTS K, L, AND PT LOT M, BLOCK 66, CITY AND TOWNSITE OF ASPEN UNITS 101, 109, 204, 205, 206, 207, 208, 209, 210, 211 THE HOTEL ASPEN CONDOMINIUMS UNIT 102 THE HOTEL ASPEN CONDOMINIUMS UNIT 103, THE HOTEL ASPEN CONDOMINIUMS UNIT 104, THE HOTEL ASPEN CONDOMINIUMS UNITS 105, AND 112, THE HOTEL ASPEN CONDOMINIUMS CONNTINUED... Ll JOHN W. BLONIARZ AND DONNA L. BLONIARZ AND JAMES P. BROTSOS AND MARY BROTSOS 1839 N. ORLEANS STREET, APT 1 CHICAGO, ILLINOIS 60614 MARK W. COOPER AND LARRY A. CAPUTO 518 SUSSEX ROAD WYNNEWOOD, PENNSYLVANIA 19096 ROBERT FERGUSON C/O PAUL 0. WALKER 478 WATERLOO STREET LONDON, ONTARIO N6B2P6 M/L RANCH ASSOCIATES C/O HERB KLEIN P.O. BOX 12035 ASPEN, COLORADO 81612 FRANK E. BOYNTON AND ELIZABETH J_ BOYNTON AND HOWARD PAUL KLEIN AND CAROLYN SUE KLEIN 1026 CLINTTON STREET CARROLLTON, TEXAS 75007 LINDA BOSNIAK 1 SOUTH ARLENE DRIVE WEST LONG BEACH, NEW JERSEY 07764 WILLIAM M. KAPLAN AND KATE KAPLAN SUITE 4, MEDICAL ARTS BUILDING 200 KING'S HIGHWAY MILFORD, DELAWARE 19963 MARC S. COOPER AND BARBARA S. COOPER 746 SOUTH NINTH STREET PHILADELPHIA, PENNSYLVANIA 19147 CORY J. CIKLIN AND RICHARD B. CRUM 515 NORTH FLAGLER DRIVE SUITE 1900 WEST PALM BEACH, FLORIDA 33401 RICHARD G. LUBIN PENTHOUSE SUITE REFLECTIONS OFFICE CENTRE 450 AUSTRALIAN AVENUE, SOUTH WEST PALM BEACH, FLORIDA 33402 UNIT 106, THE HOTEL ASPEN CONDOMINIUMS UNIT 107, THE HOTEL ASPEN CONDOMINIUMS UNIT 108, THE HOTEL ASPEN CONDOMINIUMS UNIT 111 THE HOTEL ASPEN CONDOMINIUMS UNIT 114 THE HOTEL ASPEN CONDOMINIUMS UNIT 115, THE HOTEL ASPEN CONDOMINIUMS UNIT 116, THE HOTEL ASPEN CONDOMINIUMS UNIT 117, THE HOTEL ASPEN CONDOMINIUMS UNIT 118, THE HOTEL ASPEN CONDOMINIUMS UNIT 119, THE HOTEL ASPEN CONDOMINIUMS CONTINUED... L� 6 FRANCIS FOSTER AND JOAN MORGAN FOSTER AND IRVIN B. FOSTER C/O LARRY SNYDER REALTY 1 ABINGTON PLAZA JENKINTOWN, PENNSYLVANIA 19046 ALAN CIKLIN AND BLAIR J. CIKLIN C/0 515 NORTH FLAGLER DRIVE SUITE 1900 WEST PALM BEACH, FLORIDA 33401 LOUIS M. SILBUR AND BARBARA J. PARIENTE SUITE 855 400 AUSTRALIAN BLVD WEST PALM BEACH, FLORIDA 33401 GEORGE T. SCHNEIDER AND ANN L. SCHNEIDER OCHSNER CLINIC 1514 JEFFERSON HIGHWAY NEW ORLEANS, LOUISIANA 70121 ROBERT STEINHART AND JO STEINHART 306 MILL RACE STREET NEWTON, PENNSYLVANIA 18940 ASPEN SKI LODGE LIMITED PARTNERSHIP 101 WEST MAIN STREET ASPEN, COLORADO 81611 CITY OF ASPEN 130 GALENA ASPEN, COLORADO 81611 ASPEN SCHOOL DISTRICT 110 EAST HALLAM ASPEN, COLORADO 81611 NORTH AND SOUTH ASPEN ASSOCIATES 200 SOUTH ASPEN STREET ASPEN, COLORADO 81611 MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY MBC 3130 K.D. COX 1801 CALIFORNIA STREET DENVER, COLORADO 80201 UNIT 120, THE HOTEL ASPEN CONDOMINIUMS UNIT 121 THE HOTEL ASPEN CONDOMINIUMS UNIT 122 THE HOTEL ASPEN CONDOMINIUMS UNIT 201 THE HOTEL ASPEN CONDOMINIUMS UNIT 202 THE HOTEL ASPEN CONDOMINIUMS ASPEN SKI LODGE CONDOMINIUMS BLOCK 67 CITY AND TOWNSITE OF ASPEN LOTS R AND S, BLOCK 57, CITY AND TOWNSITE OF ASPEN PT LOTS F, G, H, AND I, BLOCK 66, AND LOTS P, Q, R, AND S, BLOCK 66, CITY AND TOWNSITE OF ASPEN LOTS C, D, AND E, AND PT LOTS F, G, H, AND I, BLOCK 66, CITY AND TOWNSITE OF ASPEN BY AUTHORIZED SrGNATURE SENDER: • Complete items 1 and/or r additional services. • Complete items 3, and 4 . • Print your name and add n the reverse of this form so that we can return this card to you. • Attach this form to the front of the mailpiece, or on the 3. Article Addressed to: SJr.n� Vanr, IAsscxl a��2 5. Signature�A4dressee) MM e+Ta- I also wish ceive the following servicelar an extra feel: 1. ❑ Addressee's Address 4a. Article Number 4b. Service Type �.+e ".� ❑❑ Registered ❑ Insured M Certified ❑ COD ❑ Express Mail ❑ Return Receipt for Merchandise 7. Date of, Delivery / G"/ / I / 8. Addr ssee's Address (Only if requested and fee is paid) PS F , 11, ctober 1990 *U.S. GPO: 1990-273-861 DOMESTIC RETURN RECEIPT United States Postal Service 0 Official Business PENALTY FOR PRIVATE USE, $300 Print your name, address and ZIP Code here �, c:-„ cam_ W 11lzc„—. Aspewl"Hwi- +, etanning 01hGc 130 S. Galena Aspen, CO 81611 ��11 e.r' tee.. � ✓�.1� r � ,...s�i-p.� a�1.�.1�-, o� . ---------- r i K L O CONCRETE WALK - 9 M A I N STREET N IL 0 5 10 20 30 40 50 FT. SCALE 111= 10 BASIS OF BEARING FOUND MONUMENTS AS SHOWN. -INDICATES A CONCRETE PLANTER, 4 FEET IN DIAMETER I SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS A SURVEY MADE -� UNDER MY SUPERSION ON JUNE 5, 1989, OF LOTS 0, N, AND THE EASTERLY 20 FEET OF LOT M, BLOCK 66, CITY OF ASPEN, COLORADO. THE BUILDING WAS FOUND TO BE LOCATED ENTIRELY WITHIN THE BOUNDARY LINES OF THE ABOVE DESCRIBED PROPERTY. THE LOCATION AND DIMENSIONS OFALL BUILDINGS, IMPROVEMENTS, RIGHTS -OF -WAY IN EVIDENCE OR KNOWN TOME, AND ENCROACHMENTS BY OR ON THESE PREMISES ARE ACCURATELY SHOWN. NO RESEARCH WAS DONE FOR EASEMENTS OF RECORD. 0 ALPINE SURVEYS, INC JUNE 15, 1989 BY: LS'ZtolQ1-- s NOTICE. Accord,ng to Colorado yaw vo,, must , ommenc -, iegal a, t ,ased upon any defef:t in this survey within 3 vears alter you lust oisrn such tlefect. In no event may any action haied upon any tlefect ,n this survey 02 commenced more than ten years from the date of the rerhhcation showr hereon Alpine Surveys, Inc. Post Office Box 1730 Aspen, Colorado 81612 303 925 2688 Surveyed 6. 5 -89 CC Revisions Drafted 6. 15.89 ER Title IMPROVEMENT SURVEY PI T KI N COUNTY LIBRARY LOTS N , 0 , AND THE EASTERLY 20 FT. OF M , BLK. 66, C. 0. A. Job No 89-86 Client PITCO z z NOTICE According to Colorado law you must commence any tegnl acLon based upon any defect �n th,s survey with-n 5years .her you first disrovn, such defect. In no event may any action based upon any defect n, this survey be Commenced more than fen years from the date of the r'er liliC 1— show^ hereon K L O - CONCRETE WALK _ s M A I N STREET Alpine Surveys, Inc. Post Office Box 1730 Aspen, Colorado 81612 303 925 2688 Surveyed 6. 5 -89 CC Revisions Drafted 6. 15.89 ER N 0 5 10 20 30 40 50 FT. SCALE: I"= 10. BASIS OF BEARING FOUND MONUMENTS AS SHOWN. 0-INDICATES A CONCRETE PLANTER, 4 FEET IN DIAMETER SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS A SURVEY MADE UNDER MY SUPERSION ON JUNE 5, 1989, OF LOTS 0,N, AND THE EASTERLY 20 FEET OF LOT M, BLOCK 66, CITY OF ASPEN, COLORADO. THE BUILDING WAS FOUND TO BE LOCATED ENTIRELY WITHIN THE BOUNDARY LINES OF THE ABOVE DESCRIBED PROPERTY. THE LOCATION AND DIMENSIONS OFALL BUILDINGS, IMPROVEMENTS, RIGHTS -OF -WAY IN EVIDENCE OR KNOWN TOME, AND ENCROACHMENTS BY OR ON THESE PREMISES ARE ACCURATELY SHOWN. NO RESEARCH WAS DONE FOR EASEMENTS OF RECORD. ALPINE SURVEYS, INC. BY: JUNE 15, 1989 LS Title IMPROVEMENT SURVEY PI TKI N COUNTY LIBRARY LOTS N , 0, AND THE EASTERLY 20 FT, OF M, BLK. 66, C.O. A. Job No 89-86 Client PITCO