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HomeMy WebLinkAboutcoa.lu.gm.534 E Hyman Ave.A037-03534 E. Hyman. Ave. Rerode3_/ 6-IV)(PS _ 2737-173-38-005 Case A037-03 rxC�( Alpv0�/Oz, -,� wim y62-� COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 "� (970) 920-5090 City of Aspen Land Use: i! 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1 163 City Engineer 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection _ 1079 Aspen Fire Other Fees: 1006 Copy 1165 Remp Fee _ 1303 GIS Fee 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu 1164 School District Land Ded. TOTAL NAME: ADDRESS/PROJECT: 1 �:__ %' �, ►EMI G]rr1 E PHONE CHECK# C i �^ CASE /PERMIT#: Q7J U # OF COPIES: 'x, '-?� DATE: �: C. INITIAL: El CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY A037-03 2737182-13005 VECTRTA BANK REMODEL 534 E HYMAN SCOTT WOODFORD REMODEL VECTRA BANK H3 ARCHITECTS 08/20/03 DEV ORDER 10/10/03 D DRISCOLL • DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site -specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site -specific development plan as described below. Vectra Bank Colorado, 534 East Hyman Avenue Aspen, Co., 81611, 925 6700 Property Owner's Name, Mailing Address and telephone number Lot 4, Pitkin Center Subdivision 534 East Hyman Avenue, Aspen, Co Legal Description and Street Address of Subject Property GMOS Exemption (For Commercial Expansion of Less Than 250 Square Feet) to add 66 square feet of net leasable area for the addition of an accessible water closet and elevator Written Description of the Site Specific Plan and/or Attachment Describing Plan Approved Administratively on 8 20 03 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Aug. 30, 2003 Effective Date of Development Order (Same as date of publication of notice of approval.) Aue. 30, 2006 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 20"' day of August, 2003, by the City of Aspen Community Development Director. oods, Development Director r�L • MEMORANDUM TO: Julie Ann Woods, Community Development Director FROM: Scott Woodford, City of Aspen Senior Planner RE: VECTRA BANK (534 EAST HYMAN AVENUE) - GMQS EXEMPTION FOR COMMERCIAL EXPANSION OF LESS THAN 250 SQUARE FEET DATE: August 20, 2003 SUMMARY: The Community Development Department recommends approval of the request for a Growth Management Quota System (GMQS) Exemption with conditions. REQUEST: The applicant, Vectra Bank, plans to remodel the main level of their facility, which will include relocating the safe deposit vault, reconfiguring the teller line, office and workroom spaces, and the addition of an accessible water closet and elevator. The new elevator and relocation of the existing stair will generate about 95 square feet, however, an open area of 29 sq. ft. over the original stair will be created by the change, leaving a new net leaseable area of 66 sq. ft. BACKGROUND INFORMATION: A review of the recent history indicates that the bank received a 2,240 square foot Growth Management allotment in 1990 (when it was called the Pitkin County Bank) to expand the mezzanine the full width of the floor and to enclose an open area on the ground floor. Two years later, in 1992, the applicant decided to postpone this expansion and instead requested a GMQS Exemption for Commercial Expansion Less than 500 square feet to expand the bank by 370 square feet to improve customer service. Of the 370 sq. ft. needed, the applicant requested that only 130 sq. ft. be used in addition to 240 sq. ft. of the area that was approved through the GMQS Exemption. Only 180 sq. ft. of the 240 sq. ft. requested was ultimately used, as the expansion was apparently not as large as anticipated. This left the applicant 70 sq. ft. under the threshold 250 sq. ft. amount that allows for administrative approval of this commercial expansion. The bank never utilized its 2,240 square foot GM Allotment (other than the 130 sq. ft. used in the 1992 approval) and, on April 10, 1994, the 2,240 square foot Growth Management allocation expired. STAFF COMMENTS: Section 26.470.070 (E) of the Aspen Land Use Code states that expansion of an existing commercial space of less than 250 sq. ft. (cumulatively over the life of a project) shall be exempt from GMQS if it is demonstrated that the expansion will have minimal affect on the City in terms of employee housing generated and parking required (and that the employee housing and parking required be provided) and that there will be minimal visual impact and minimal demand on public facilities. The following is an analysis of these impacts: EMPLOYEE HOUSING: The Land Use Code states that employee generation for uses in the CC zone district is 3.5 employees/1,000 square feet of net leasable area. The requirement for 66 additional square feet of net leasable area, is as follows: .6 (% of 1,000) x 3.5 employees x 60% (requirement to be mitigated) _ .126 employees to be mitigated Background of Employee Housing Requirement: As part of the 1990 approval, the applicant was required to mitigate for 4.7 employees. Subsequently, the applicant constructed a 3-bedroom, deed restricted apartment unit at the Messiah Lutheran Church, which satisfied 3 of the 4.7 employees required to be mitigated (leaving 1.7 employees to be mitigated via the fee in lieu). Construction of this unit was undertaken despite the fact that the applicant chose to postpone expansion of the mezzanine of the bank. In 1992, when the bank received approval to increase their net leasable area by 340 sq. ft., they chose to add their employee generation requirement (.5 employees) to the fee in lieu they already owed from the 1990 approval (1.7 employees). At that point, the bank was required to pay fee in lieu for 2.2 employees, which resulted in a $77,000 fee to be paid at time of building permit for the 1990 approval. In 1994, the vested rights for the 2,240 square foot Growth Management Allocation from 1990 expired. Therefore, since they never pulled a building permit for the improvements, the $77,000 was never paid (nor required). Because of this, the Bank was only required to mitigate for the 1992 approval (.5 employees), which was covered by the unit at the church. As stated above, the applicant would also like to apply their employee -housing requirement for the current proposal to the unit at the church. So, the Bank now satisfies their requirements from the 1992 approval (.5 employees) and for this current proposal (.126 employees), as well as has a "bank" of 2.37 employees (3 BR apartment, or space for 3 employees provided - .626 = 2.37 employees) to use to mitigate employees generated as part of future expansions Staff Conclusion: The required amount of employees to be mitigated is adequately addressed by the three -bedroom unit that the Bank constructed in the early 1990's as part of mitigation for the 1990 approval. PARKING: There is a small increase in the amount of parking required, as demonstrated below (the CC zone district requires 2 spaces per 1,000 sq. ft.): 70 sq. ft./ 1, 000 = . 07 07 x 2.0 spaces / 1, 000 = .14 spaces There are two parking spaces off of the alley that were created within the last ten years and which were not required as part of any development approvals (the 1992 approval generated less than a half of a parking space, which the Code did not require to be provided of projects at that time). Staff Conclusion: The .14 space requirement of this request would be satisfied by one of these two spaces. VISUAL IMPACT: There will be no negative visual impact from the proposal because the changes are all internal to the bank. PUBLIC FACILITIES: No added impacts on public facilities are anticipated as the expansion is minor in nature and is designed to merely to make the existing operation more efficient. STAFF RECOMMENDATION: Staff recommends that the Community Development Director approve the request for a GMQS Exemption for a 66 square foot expansion to the Vectra Bank. APPROVED BY: (a'6- ry4ctor of Community Development g& a fn 3 Date pPII�QV�II, � AU&, C0M10117ry0'1 2 t) �'003 CIIyoF�S�H,.� L�r`,r�r 3 s �J PARCEL ID: 2737182-13005 DATE RCVD: 07/18/03 # COPIES: CASE NO- A037-03 CASE NAME: VECTRTA BANK REMODEL PLNR: PROJ ADDR: 534 E HYMAN CASE TYP: I REMODEL STEPS: OWN/APP: VECTRA BANK ADR: 534 E HYMAN AVE C/S/Z: ASPEN/CO/81611 PHN: 970-925-9420 REP: H3 ARCHITECTS ADR: C/S/Z: PHNI 970-925-9420 FEES DUE: $185.00 Housing FEES RCVD: $710.00 Rcpt 9627 (525.00 D STAT: F REFERRALSI REF: BYF- DUE: r- MTG DATE REV BODY PH NOTICED I I DATE OF FINAL ACl CITY COUNCIL: REMARKS PZ: BOA: CLOSED: �- BY: DRAC: PLAT SUBMITD: PLAT (BK,PG): ADMIN: MEMORANDUM TO: Scott Woodford, City Planner, Community Development Department FROM: Cindy Christensen, Housing Office DATE: .August 15, 2003 RE: VECTRA BANK REQUEST TO INCREASE NET LEASEABLE BY 66 SQ. FT. ISSUE: The applicant is requesting an administrative approval of a 66 square foot increase in net leasable commercial space within the existing bank footprint for the purposes of adding an elevator and relocation of an existing staircase. BACKGROUND: Section 26.470.070 of the Land Use Code states that commercial space may be expanded by less than 250 square feet if there is a minimal number of employees generated by the expansion and that employee housing is provided for those employees. The applicant states that the remodel is to include relocating the safe deposit vault, reconfiguring the teller line, office and workroom spaces, and the addition of an existing water closet and elevator. The new elevator and relocation of the existing stair is to necessitate the floor infill of approximately 95 square feet at the existing bridge to the main lobby. The open area of 29 square feet over the original stair creates the additional 66 square feet. In 1992, an exemption was granted for a 240 square foot expansion. In the pre -application meeting between the applicant and the Community Development Department, it was found that the applicant still has 70 square feet under the 250 square foot threshold. In the 1992 approval, the applicant was required to pay a cash -in -lieu fee for 2.2 employees. At that time, the amount was $77,000. I have no record that this amount has ever been paid. RECOMMENDATION: After reviewing the request and th mitigation would be required for this remodel. However, prior t applicant shall provide proof of this payment of $77,000 to the payment of the $77,000 to the Housing Authority. o e past Resolutions, no more building permit approval, the Housing Authority or provide Innsbruck Inn Redevelopment Application CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Fees CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN By: Julie Ann Woods Community Development Director g:\support\forms\agrpayas.doc 6/05/03 APPLICANT r , By: Date: ` © / Billing Address and Telephone Number: Required � J551— E�, 11 mail • • July 11, 2003 Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 RE: Vectra Bank/Colorado GMQS Exemption To Whom It May Concern: I I' Architects I Ici(li I I. I I(Millann, .vIA 1- .Alipililn<1 11i1rk Ill. \"I )('i 1, CO 8 l G 1 I 970/925-9 42O Fi-IX 970/92 i-4671 Internet: hhhtirc11(aro1.nc1 Please consider this letter an application for an exemption from the growth management quota system (GMQS) for approximately 66 square feet. Vectra Bank/Colorado (the Applicant) plans to remodel the interior main level of their existing Aspen Branch (formerly Pitkin County Bank and Trust) at 534 E. Hyman Avenue, Aspen, Colorado to include relocating the safe deposit vault; reconfiguring the teller line, office and workroom spaces; and the addition of an accessible water closet and elevator. The new elevator and relocation of the existing stair will necessitate floor infdl of approximately 95 square feet at the existing bridge to the main lobby. An open area of 29 square feet over the original stair will be created leaving a net leasable area of 66 square feet. (Please see Exhibit IA.) In 1990, the Applicant received Growth Management allotment for 2,240 s.f. of net leasable commercial, which they did not utilize. Then in 1992 an exemption was granted for a 240 s.f. expansion. Please see Exhibits 2, 3 and 4. It was determined in a pre -application meeting that the Applicant is still 70 s.f under the 250 s.f threshold and can therefore seek an amendment via an administrative approval. Should you have any further questions, please do not hesitate to call me. Very truly yours, H3 ARCHITECTS v ' O�A Heidi H. Hoffmann IA Attachments s V ECTRABA�NK You do life. We'll do the banking- 7/17/03 Community Development Department City of Aspen 130 So. Galena Aspen, Colorado 81611 Re: Permission to Represent To Whom It May Concern: Please accept this letter of authorization for Heidi H. Hoffmann, H3 Architects, to represent Vectra Bank Colorado, formerly Pitkin County Bank & Trust, in the processing of our application for a remodel of the interior of the Vectra Bank Colorado branch located at 534 East Hyman Ave. The legal description of the subject is: Lot 4 Pitkin Center Subdivision, City of Aspen, Colorado. The subject property is owned by Zions Bancorporation, One South Main Street, Salt Lake City, Utah (Zions). Zions is a publicly traded corporation which is listed on the NASDAQ. Vectra Bank Colorado is a wholly owned subsidiary of Zions. Should you require additional information, please contact me at 925-6700; or FAX: 925-6245 or e-mail at: s 1474tw.1;Avectrabank.com . Thank you for your assistance. Very T my yours, Thomas W. Griff,;L ths Market Preside Cc: Heidi H. Hoffmann Eileen Breslin 121 534 East Hyman Avenue Aspen, Colorado 8161 1 "' 01 (970) 925-6700 Member FDIC 1Ll Ll a i e Rl •11, .1r1 ! ,� l a n_e ; �t i • i ,J lr l �; _ L �, �. �� i�up.en .fir � .f� =--FROJE T LOCATION r C7 -ILA c � .dry � to al q.II- L} e .. W 1�, l ►, ra d f Or Ate• �' a �,� �� y'� . • � ,�y�. ��• r ° st YEGTRA BANK / GOLORAPO H3 Architects June 25, 2005 eXH,10lr /A PIAM vaazr ""J a ..1171 vaww IBLLIQ O I.IyP � � NO R'll I O J II�II +Ynwnww u i I OI ® ♦ r Y YrMW - -.♦ ♦ / .. �1aiN N - L9 i u+ca roan "��" .waerin�rrrn MAIN FLOOR 3,9105 5.F. GROSS 5Q. FOOTAGE -EXISTING 1) 84.33 S.F. 3) 29.36 S.F. 4) 22.35 S.F. VEGTRAr BANK / GOLORA VO H3 Architects June 23, 2005 AREA OF RELOCATED STAIR FLOOR IN -FILL OPEN AREA FROM PREVIOUS STAIR WELL FLOOR IN -FILL ELEVATOR GAR AREA AROUND ELEVATOR CAR M.D2 R EOM ♦�6n nEn f47F�0.'y KYl ali�li O�' ar7uwl�I O I tw ww Syr TT— tly (r 1 lar.3.4a OO N( )HTI 1 O 1/EGTRA BANK / G0I.0RA170 HS Architects June 25, 2005 II M ME T • i�\ram IEx~ft Ii26J fY7i: �Yroilvl _ I \ O •/ui�Yl LOWER FLOOR 4,440 5.F.. CGR055 SO. FOOTAGE om KYL I 0 ?RY! Ittl VEGTRA BANK / COLOR -APO HE Archir'. ,r. 11 June 23, 2005 r MEZZANINE FLOOR 1,052 S.F. GROSS so. FOOTAGE "Ic sty � / w.iaaw � J I cm 10 OUR �1" CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 3 4 91 PARCEL ID AND CASE NO. DATE COMPLETE: ZZ 2737-182-13-005 A15-91 STAFF MEMBER. - LL PROJECT NAME: Code Amendment Application Project Address: 534 East Hyman, Aspen, CO Legal Address: APPLICANT: Aspen Bank Shares, Ltd. Applicant Address: 534 East Hyman Ave.,Aspen, CO REPRESENTATIVE: Vann Associates, Inc., Sunny Vann Representative Address/Phone: 230 East Hopkins Avenue Aspen, CO 81611 PAID: YES NOx OUNT: NO. OF COPIES RECEIVED 3 TYPE OF APPLICATION: 1 STEP: 2 STEP:_ P&Z Meeting Date PUBLIC HEARING: CC Meeting Date VESTED RIGHTS: PUBLIC HEARING: VESTED RIGHTS: Planning Director Approval: Insubstantial Amendment or Exemption: RE ERRALS: City Attorney Mtn Bell School District City Engineer Parks Dept. Rocky Mtn NatGas Housing Dir. Holy Cross State HwyDept(GW) Aspen Water Fire Marshall State HwyDept(GJ) City Electric Building Inspector Envir . Hlth . Roaring Fork OtherO�t/�.� lfr Aspen Con.S.D. Energy Center DATE REFERRED: ✓ % / / INITIALS: ______------ FINAL ROUTING: DATE ROUTED: -1 INITIAL:a­,/-- (�9) NO YES NO ES NO 9 YES NO Paid: Date: City Atty City Engineer Zoning Env. Health Housing Other • FILE STATUS AND LOCATION: ORDINANCE NO. 22 (Series of 1991) Ali DRDINANCE OF THE ASPEN CITY COUNCIL AMENDING CHAPTER 24 SECTION 5--.=04 OF THE MUNICIPAL CODE TO CHANGE THE TERM "GROSS FLOOR AREA" T", `'%-ET LEASABLE COMMERCIAL AND OFFICE SPACE" WHEREAS, the Pitkin County Bank has proposed to amend Section. 4 —'04 of Chapter 24 to change the tern. "gross floor area" to "net leasable commercial and office space"; and WHEREAS, the term "gross floor area" is not defined within the Code and the term "net leasable commercial and office space" defined in the Code and is typically used for mitigation p irposes; and WHEREAS, staff believes that when the zoning regulations were amended to include the term "net leasable" that the terminology was not reviewed for consistency with the rest of the Code and therefore "gross floor area" was not changed; and WHEREAS, pursuant to Section 7-1103 the Commission shall review an amendment to the text of Chapter 24 at a public hearing making a recommendation to Council; and WHEREAS, the Planning and Zoning Commission reviewed the proposed amendment at their May 7, 1991 meeting and recommends to Council approval of the amendment; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Section 5-504, "Use square footage limitations", of Division 5 "Supplementary Regulations", of Article 5 of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: Within Section 24-5-404. Use Square Footage Limitations, the Commercial Core (CC), Commercial (C-1), and Service/Comnercial/ Industrial (S/C/I) zone districts, all permitted and conditional commercial business shall be restricted to the following max�t� net leasable commercial and office space. - J A. 3,000 scr. ft. The following and similar uses shall be limited to three thousand (3,000) square feet in net leasable commercial and office space: antique shop; art supply; bakery; bookstore; camera shop; candy, tobacco or cigarette shop; catalogue store; drug store; florist shop; gift shop; hobby shop; jewelry shop; key shop; liquor store; pet shop; photography shop; stationery store; dry cleaning; pickup station; barber and beauty shop; small 0 •/01-N appliance store; art gallery; decorator shop; seamstress; laundromat; tailor; shoe repair shop; radio and TV broadcasting stations; rental, repair and wholesaling, provided they are accessory uses; electrical and plumbing service shops; automobile washing facility; pharmacies; art studio; and catering service. B. 6,000 sq.ft. The following and similar uses shall be limited to six thousand (6,000) square feet in net leasable commercial and office space: drugstore (including pharmacy); equipment rental, storage and repair; shop craft industry; fabrication and repair and building materials; sporting goccs store; variety shop; professional offices; and major appliance stores. C. 9,000 sq.ft. The following and similar uses shall be limited to nine thousand (9,000) square feet in net leasable commercial and office space: service station and restaurant. j D. 12,000 sq.ft. The following and similar uses shall be limited to twelve thousand (12,000) square feet ,in, ne__�leasablecommercial and office space: `vehicle sales; builder--suppiy yaYB; iumbe yard; -dry cleaning plant and laundry; manufacture and repair �- of sporting goods; printing and publishing plant; furniture store; carpet and floor covering store; financial institutions; and food market. E. 20,000 sg.ft. The following and similar uses shall be limited to twenty thousand (20,000) square feet in net leasable commercial and office space: warehousing and storage. F. Retail sales areas. All of the square footage limitations on use shall not restrict the square footage of the total retail sales areas in these Zone Districts, or any buildings occupied by any combination of more than one (1) of the above uses; provided, however, that any business enumerated above, of the same type which occur individually or jointly in a single structure or combination of structures situated upon a single tract of land under the same ownership, shall be considered one (1) business and together restricted to the maximum net leasable commercial and office space provided in this section. section 2• That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinace in the office F of the Pitkin County Clerk and Recorder. Section 3• 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 4• This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5• A public hearing on the Ordinance shall be held on the S' day of 1991 at 5:00 P.M. in the City Council Chambers, Aspen ity Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provi ed by law, by th City Council of the City of Aspen on the of 1991. r3 John ennett, Mayor AT EST: r Kathryn . Koch, City Clerk FINALLY ADOPTED this 22nd day of July 1991. ATTEST: .E� Kathryn . Koch, City CT -ET John B'nnett, Mayor appliance store; art gallery; decorator shop; seamstress; laundromat; tailor; shoe repair shop; radio and TV broadcasting stations; rental, repair and wholesaling, provided they are accessory uses; electrical and plumbing service shops; automobile washing facility; pharmacies; art studio; and catering service. B. 6,000 sq.ft. The following and similar uses shall be limited to six thousand (6,000) square feet in net leasable commercial and office space: drugstore (including pharmacy); equipment rental, storage and repair; shop craft industry; fabrication and repair and building materials; sporting goods store; variety shop; professional offices; and major appliance stores. C. 9,000 sct.ft. The following and similar uses shall be limited to nine thousand (9,000) square feet in net leasable commercial and office space: service station and restaurant. D. 12,000 sq.ft. The following and similar uses shall be limited to twelve thousand (12,000) square feet in, ne�__leasable commercial and office space: tvehicle sale builder -yard; -may cleaning plant and laundry; manufacture and repair of sporting goods; printing and publishing plant; furniture store; carpet and floor covering store;. financial institutions; and food market. E. 20,000 sct.ft. The following and similar uses shall be limited to twenty thousand (20,000) square feet in net leasable commercial and office space: ,warehousing and storage. F. Retail sales areas. All of the square footage limitations on use shall not restrict the square footage of the total retail sales areas in these Zone Districts, or any buildings occupied by any combination of more than one (1) of the above uses; provided, however, that any business enumerated above, of the same type which occur individually or jointly in a single structure or combination of structures situated upon a single tract of land under the same ownership, shall be considered one (1) business and together restricted to the maximum net leasable commercial and office space provided in this section. section 2• 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 3• 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 4: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5• A public hearing on the Ordinance shall be held on the �� day of 1991 at 5:00 P.M. in the City Council Chambers, Aspen ity Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. F INTRODUCED, READ AND ORDERED PUBLISHED as provi ed by law, by th City Council of the City of Aspen on the /d day of 1991. John ennett, Mayor AT EST: zk��jz/", Kathryn. Koch, City Clerk FINALLY ADOPTED this 22nd day of July 1991. John B'nnett, Mayor ATTEST: Kathryn . Koch, City C erk r � • Y_ _Y o Le 1 �JY TO: Mayor and Council THRU: Carol O'Dowd, City Manager THRU: Amy Margerum, Planning Directo 'V FROM: Leslie Lamont, Planner RE: Square Footage Limitation Code Amendment - Section 5- 504, Second Reading Ordinance 22 DATE: July 22, 1991 SUMMARY: The applicant, Pitkin County Bank, seeks to amend Section 5-504 of the Aspen Land Use Code. The amendment would change the term "gross floor area" to "net leasable commercial and office space." This section of the Code restricts the size of individual commerical business only within the CC, C-1, and S/C/I zone districts. A text amendment is a two step review process requiring review by the Commission and Ordinance adoption procedures at Council. The Commission reviewed the amendment at their May 7 meeting and recommends approval of the text amendment for Section 5-504. During first reading of Ordinance 22, the Council asked staff to more clearly illustrate the impact of the amendment. Staff has included a sketch defining gross floor area, net leasable and floor area. Staff has also sampled some buildings and estimated the affect the change in the language would have upon those particular buildings. COUNCIL GOALS: The proposed amendment is consistent with Goal #14: to develop a consistent and fair government so that citizens know what to expect... BACKGROUND: Pitkin County Bank received a 1990 commercial GMQS allocation for 2,240 square feet of net leasable square footage to enlarge the existing bank building. Commercial GMQS allotments are allocated on a net leasable square foot basis. Because net leasable does only refers to useable space the additional net leasable pushes the Bank over the allowable "gross floor area" for a financial institution. Pursuant to Section 5-504, financial institutions are limited to a maximum of 12,000 square feet of "gross floor area." The Zoning Department has interpreted "gross floor area," although not defined in the Land Use Code, to mean a building's gross square footage - everything contained within the four walls above and below grade. Note: floor area, as defined in the code, generally does not include below grade space and net leasable is generally defined as all commercial or office space that is meant to be leased and occupied above or below grade space excluding bathrooms, stairs, corridors, mechanical and storage areas. Please see attached illustration. The effect of this language upon the applicant is to preclude the Pitkin County Bank and Trust Company the ability to occupy all of the additional square footage that they received with their 1990 GMQS allocation. The Bank could build the space but would have to lease it to another business (as the total exceeds "gross floor area") and lease space elsewhere for their expanded reeds. The proposed floor area is below the allowable floor area for the site in that CC zone district. Additionally, GMQS requires only competition for "net leasable" space. supporting space (closets, storage etc.) may represent floor area but is not considered net leasable and does not require competition or mitigation. Please see attachment B for Pitkin County Bank calculations. PROBLEM DISCUSSION: A. Although the Planning Department has confirmed Zoning's interpretation regarding "gross floor area," staff does agree with the applicant that the language is problematic for the following reasons: 1) "Gross floor area" is not defined within the Code and is not typically used throughout the Code as a guideline for development. 2) "Floor area" is the term used within the Code to regulate the bulk and mass for a proposed development. 3) Within the CC, C-1, and S/C/I zone districts maximum allowable floor area and other dimensional requirements are used to limit the bulk of commercial and office buildings. 4) "Net leasable" commercial and office space is the term used for growth impact mitigation for employee housing and parking impacts, which is a limitation to the size of a business. 5) The Land Use Code requires mitigation for the expansion of net leasable space within an existing building. For example, if an existing business seeks to convert basement storage area into net leasable space any expansion less than 500 square feet must be reviewed by the Planning and Zoning Commission and greater than 500 square feet must compete in Growth Management. 6) Staff has reviewed four buildings to help determine the affect this amendment would have on existing businesses. Staff will present those findings at the Council meeting. 6 7) Staff considers this request reasonable and appropriate lending better consistency to the Land Use Code. B. The applicant offers three other ideas regarding the continued use of the term "gross floor area" such as: 1) The limitation was designed to limit the size of businesses rather than a building's bulk. The community was probably concerned about the development of a large commercial structure such as a K-Mart. This would support the fact that a large building can contain numerous small commercial uses. 2) The applicant also believes that at the time this zoning regulation was promulgated that "gross floor area" really referred to "floor area." 3) Discussions with Alan Richman (please see attached letter, C) have also revealed that when the new regulations were being inserted into the Code, the terminology for the limitations of size was not reviewed for consistency with the rest of the code. A review probably would have amended this section of the code. C. Proposal 1. The applicant purposes to substitute the term "net leasable commercial and office space" for "gross floor area" in this section of the Code. 2. The applicant also suggests reducing the net leasable square footage allowed in this Section. The term net leasable could result in slightly larger structures because "net leasable" does not include storage, closets, etc. This problem arose when the Code was amended to use "net leasable" instead of "floor area" as a measurement for commercial GMQS quotas. Research showed that approximately 85% of a building's floor area typically constitutes net leasable space therefore the quotas were reduced by 15% so the total floor area of the commercial building did not drastically increase in size but remained consistent to past acceptable sizes as defined within the Code. This memo does not include a 15% reduction in allowable square footage for several reasons: a) mitigation is required on net leasable square footage which potentially limits size; b) a reduction in maximum allowable may create non -conforming conditions for existing businesses or structures; and c) other dimensional requirements are used to limit the bulk of commerical and office building's. However, staff is interested in the Council's comments regarding this element of the Code Amendment. 3. Allowances for storage and underground parking can be excluded 3 from this Section because the definition of "net leasable" excludes storage and underground parking. C. Amendment: Section 5-504 is proposed to be amended as follows: With the Commercial Core (CC), Commercial (c-1), and Service/Commercial/Industrial (S/C/I) zone districts, all permitted and conditional commercial business shall be restricted to the following maximum gress floe!- net leasable commercial and office space. A. 3,000 sq.ft. The following and similar uses shall be limited to three thousand (3,000) square feet in g-rees a -area net leasable commercial and office space: antique shop; art supply; bakery; book- store; camera shop; candy, tobacco or cigarette shop; catalogue store; drug store; florist shop; gift shop; hobby shop; jewelry shop; key shop; liquor store; pet shop; photography shop; stationery store; dry clearing; pickup station; barber and beauty shop; small appliance store; art gallery; decorator shop; seamstress; laundromat; tailor; shoe repair shop; radio and TV broadcasting stations; rental, repair and wholesaling, provided they are accessory uses; electrical and plumbing service shops; automobile washing facility; pharmacies; art studio; and catering service. B. 6,000 sq.ft. The following and similar uses shall be limited to six thousand (6,000) square feet in g—e fleer-u-rea net leasable commercial and office space: drugstore (including pharmacy); equipment rental, storage and repair; shop craft industry; fabrication and repair and building materials (with fleet sporting goods store; variety shop; professional offices; and major appliance stores. C. 9,000 sq.ft. The following and similar uses shall be limited to nine thousand (9,000) square feet in gees f ear area net leasable commercial and office space: service station and restaurant. D. 12,000 sg.ft. The following and similar uses shall be limited to twelve thousand (12,000) square feet in g-raiag fl-eer area net leasable commercial and office space: vehicle sales (with an additienal sim t , et—�; builder supply yard; lumber yard; dry cleaning plant and laundry; manufacture and repair of sporting goods; printing and publishing plant; furniture store; carpet and floor covering store; financial institutions; and food market (with a ROCS-L IVTIQ 3. -�•i1L GG- a.1t V�.a e.��a. .�.a � r , v v v, �.y -�-.� � ��� permitted for storage and aeeessery uses). E. 20.000 sa.ft. The following and similar uses shall be limited to twenty thousand (20,000) square feet in grass fleer— r net leasable commercial and office space: warehousing and storage. F. Retail sales areas. All of the square footage limitations on use shall not restrict the square footage of the total retail sales areas in these Zone Districts, or any buildings occupied by any combination of more than one (1) of the above uses; provided, however, that any business enumerated above, of the same type which occur individually or jointly in a single structure or combination of structures situated upon a single tract of land under the same ownership, shall be considered one (1) business and together restricted to the maximum gross rraer are net leasable commercial and office space provided in this section. D. Summary: In summary, the proposed change insures consistency within the Code and is the most appropriate guideline for development. Staff recommends the following changes to Section 5-504: 1) changing the term "gross floor area" to "net leasable commercial and office space"; 2) eliminating the exclusion language for storage, basement and underground parking; and PLANNING AND ZONING COMMISSION VOTE 5 FOR 0 AGAINST Key Issues: The Commission agreed with staff that a reduction in the allowable square footage was unnecessary. The Commission also requested staff to consider minimum sizes to try and prevent the "cubiclization" of retail space in the downtown. RECOMMENDATION: The Commission recommends to Council approval of the text amendment for Section 5-504. PROPOSED MOTION: I move to read Ordinance 22, Series of 1991. I move to approve Ordinance 22 on second reading amending Chapter 5 24 of the Municipal Code Section 5-504. CITY MANAGER COMMENTS: ATTACHMENTS: A. Sketch B. Bank Calculation C. Richman Letter D. ordinance 22 0 Gross Floor Area" ATTACM ENT A closet non net- leaseable garage { non net- leaseable, t t i bathroom non net- leaseable 2nd.Floor "commercial/retail" net leaseable lst Floor ' "commercial/retail"! net leaseable f i i basement "coimercial/retail" net-leaseable Floor Area i �n Attachment B Gross Building Area Floor Area Net Leasable Area Existing proposed Total 9,240 4,190 13,430 4,700 4,150 8,850 5,460 2,240 7,700 Allowable 12,000 9,030 12,000 ATTACHMENT C. �{ EXHIBIT 3 ALAN M. RICHMAN PLANNING SERVICES 1015 East Hyman Avenue Suhe 5 Aapen, Colorado 81611-4122 303-825-7634 . October 25, 1990 Mr. Sunny Vann Vann Associates 230 E Hopkins Avenue Aspen, Colorado 81611 Dear Sunny, You have asked me to examine Section 5-503 of the Aspen Land Use Regulations, Use Square Footage Limitations, so that 1 might recall the changes made to this provision during the re -codification of the former zoning and subdivision regulations. In reviewing this section of the Code, it is my recollection that the only change which was made was to eliminate the Planning and Zoning Commission's ability to grant variations from these standards. The consultant felt that granting variances was not within P&Z's powers, which, conveniently, allowed us to eliminate one of Aspen's many review procedures. It is my recollection that no consideration at all was given to the term "gross floor area". It was never brought to our attention that the term was not defined. Moreover, had we thought about the term, we might have instbad used "net leasable floor area", a term which is already used in connection with other provisions regulating commercial uses. would suggest that if the term "net leasable floor area" were ever to replace the term gross floor area in this section, then the square footage limitations themselves might need to be re -calculated. Based on research we conducted during the Code revision process, the limitations should be reduced by a factor of 0.85, to reflect net leasable versus total floor area of a commercial building. i hope this information clarifies your understanding of the actions taken with respect to this provision. Very truly yours, ALAN M. RICHMAN PLANNING SERVICES /1---L 7�-Y� Alan M. Richman, AICP TO: Mayor and Council THRU: Carol O'Dowd, City Manager THRU: Amy Margerum, Planning Director FROM: Leslie Lamont, Planner RE: Square Footage Limitation Code Amendment - Section 5- 504, First Reading Ordinance DATE: May 28, 1991 SUMMARY: The applicant, Pitkin County Bank, seeks to amend Section 5-504 of the Aspen Land .Use Code changing the language that limits the maximum size of a financial institution, "Gross floor area" is the term used to restrict the size of an individual commercial business within the CC, C-1, and S/C/I Zone Districts. The applicant proposes to change the term to "net leasable commercial and office space." A text amendment is a two step review process requiring review by the Commission and Ordinance adoption procedures at Council. The Commission reviewed the amendment at their May 7 meeting and recommends approval of the text amendment for Section 5-504. COUNCIL GOALS: The proposed amendment is consistent with Goal if14: to develop a consistent and fair government so that citizens know what to expect... BACKGROUND: Pitkin County Bank received a 1990 commercial GMQS allocation for 2,240 square feet of net leasable square footage to enlarge the existing bank building. As you know, commercial GMQS allotments are allocated on a net leasable square foot basis. However, the Bank's allocation pushes them over the allowable "gross floor area" for a financial institution. Pursuant to Section 5-504, financial institutions are limited to a maximum of 12,000 square feet of "gross floor area." The Zoning Department has interpreted "gross floor area," although not defined in the Land Use Code, to mean a building's gross square footage - everything contained within the four walls above and below grade. Note: floor area as defined in the code generally does not include below grade space and net leasable is generally defined as alX commercial or office space that is meant to be leased and occupied excluding bathrooms, stairs, corridors, mechanical and storage areas. The effect of this language upon the applicant is to preclude the Pitkin County Bank and Trust Company the ability to occupy all of the additional square footage that they received with their 1990 GMQS allocation: Exigtina Increase Proposed Gross Building Area 9,240 4,190 13,430 Floor Area 4,700 4,150 8,850 Net Leasable Area 5,460 2,240 7,700 Note: The proposed floor area is below the allowable floor area for the site in that CC zone district. PROBLEM DISCUSSION: A. Although the Planning Department has confirmed Zoning's interpretation regarding "gross floor area," staff does agree with the applicant that the language is problematic for the following reasons: 1) "Gross floor area" is not defined within the Code and is not typically used throughout the Code as a guideline for development. 2) "Floor area" and "net leasable" are the terms used within the Code to define the parameters of a development. 3) "Net leasable" commercial and office space is the term used for growth impact mitigation whici,cap be a`size limiting factor. 4) Within the CC, C-1, and S/C/I z ne districts maximum allowable floor area and other dimensional requirements are used to limit the bulk of commercial and office buildings. 5) Since the time of the original zoning regulations the term "net leasable commercial and office space" has been included in the Code to be used for growth impact mitigation purposes and floor area is used for bulk control. Thus, this change insures consistency within the Code and is the most appropriate guideline for development. The applicant offers two other ideas regarding the continued use of the term "gross floor area" such as: 1) The limitation was designed to limit the size of businesses rather than a building's bulk. The community was probably concerned about the development of a large commercial structure such as a K-Mart. This would support the fact that a large building can contain numerous small commercial uses. E 2) The applicant also believes that at the time this zoning regulation was promulgated that "gross floor area" really referred to "floor area." 3) Discussions with Alan Richman, please see attached letter, have also revealed that when the new regulations were being inserted into the code that the terminology for the limitations of size was not reviewed for consistency with the rest of the code. A review probably would have amended this section of the code. B. Proposal 1. The applicant purposes to substitute the term "net leasable commercial and office space" for "gross floor area" in this section of the Code. 2. The applicant also suggests reducing the square footage allowed in this Section. The term net leasable could result in slightly larger structures because "net leasable" is more permissive than "gross floor area." This problem arose when the Code was amended to use "net leasable" instead of "floor area" as a measurement for commercial GMQS quotas. Research showed that approximately 85% of a building's floor area typically constitutes net leasable space therefore the quotas were reduced by 15% so the total floor area of the commercial building did not drastically increase in size but remained consistent to past acceptable sizes as defined within the Code. This memo does not include a 15t reduction in allowable square footage for several reasons: a) mitigation is required on net leasable square footage which potentially limits size; and b) a reduction in maximum allowable may create non -conforming conditions for existing businesses or structures. However, staff is interested in the Council's comments regarding this element of the Code Amendment. 3. Allowances for storage and underground parking can be excluded from this Section because the definition of "net leasable" excludes storage and underground parking. C. Amendment: Section 5-504 is proposed to be amended as follows: With the Commercial Core (CC), Commercial (C-1), and Service/Commercial/Industrial (S/C/I) zone districts, all permitted and conditional commercial business shall be restricted to the following maximum }row-f�eo-r- exe rnj-any-�aseare�rt;--f�-atorage f-cxc�i�t--eoarmcrci-al--gtarage- gtrrpoeee--ar--tt�rgreurre� garkerrrq-net leasable commercial and office space. 3 0 0 00-11, A. 3,000 sq.ft. The following and similar uses shall be limited to three thousand (3,000) square feet in gre" flroer-eree net leasable commercial and office space: Iantique shop; art supply; bakery; bookstore; camera shop; candy, tobacco or cigarette shop; catalogue store; drug store; florist shop; gift shop; hobby shop; jewelry shop; key shop; liquor store; pet shop; photography shop; stationery store; dry cleaning; pickup station; barber and beauty shop; small appliance store; art gallery; decorator shop; seamstress; laundromat; tailor; shoe repair shop; radio and TV broadcasting stations; rental, repair and wholesaling, provided they are accessory uses; electrical and plumbing service shops; automobile washing facility; pharmacies; art studio; and catering service. B. 6jo0o sq.ft. The following and similar uses shall be limited to six thousand (6,000) square feet in gra" Hear --area net leasable commercial and office space: drugstore (including pharmacy); equipment rental, storage and repair; shop craft industry; fabrication and repair and building materialsti-t--an--edd3t3ena�--t�rre�--��tsoud �-�; 689�---square--��e�--�e�rt'�ec�-for•--aLarag�i-: sporting goods store; variety shop; professional offices; and major appliance stores. C. 9,000 sq.ft. The following and similar uses shall be limited to nine thousand (9,000) square feet in grows (leer --area net leasable commercial and office space: service station and restaurant. D. 12, 000 scr. ft. The following and similar uses shall be limited to twelve thousand (12,000) square feet in egroas Hoer--e-te net leasable commercial and office space: vehicle sales f v rth an--a3x--thotreartd--F6-,-OE?f�i--aquart--feGt permitted-forbuilder supply yard; lumber yard; dry cleaning plant and laundry; manufacture and repair of sporting goods; printing and publishing plant; furniture store; carpet and floor covering store; financial institutions; and food market(Ftrtlr--eir-addit3ene3--irre�--tirocrsattd f3•; 699r--sc�a-re---iee�--i�.t�d--fer--atorage--trnd acc�scrp-��}- E. 20,000 sq.ft. The following and similar uses shall be limited to twenty thousand (20,000) square feet in gresa fleer--awe net leasable commercial and office space: warehousing and storage. 9 F. Retail sales areas All of the square footage limitations on use shall not restrict the square footage of the total retail sales areas in these Zone Districts, or any buildings occupied by any combination of more than one (1) of the above uses; provided, however, that any business enumerated above, of the same type which occur individually or jointly in a single structure or combination of structures situated upon a single tract of land under the same ownership, shall be considered one (1) business and together restricted" to the maximum gro" f-locr-tee net leasable commercial and office space provided in this section. D. Summary: In summary staff recommends the following changes to Section 5-504: 1) changing the term "gross floor area" to "net leasable commercial and office space"; 2) eliminating the exclusion language for storage, basement and underground parking; and PZ.ANNING AND ZONING COMMISSION VOTE 5 FOR O AGAINST Key Issues: The Commission agreed with staff that a reduction in the allowable square footage was unnecessary. The Commission also requested staff to consider minimum sizes to try and prevent the "cubiclization" of retail space in the downtown. R-ECOMPU31 DATION: The Commission recommends to Council approval of the text amendment for Section 5-504. PROPOSED NOTION: I move to read and approve Ordinance , Series of 1991 on first reading amending Chapter 24 of the Municipal Code Section 5-504. CITY MANAGER COMMENTS: ATTACffiMENTS : A. Richman Letter B. Ordinance G TO: Aspen Planning and Zoning Commission FROM. Leslie Lamont,.Planning RE: Square Footage Limitation Code Amendment - Section 5- 504 , DATE: May 7, 1991 SUMMARY: The applicant seeks to amend Section 5-504 of the Aspen Land Use_Code changing the language that limits the maximum size of'financial institution. "Gross floor area" is the term used k restrict of an individual commercial business within -1, and S/C/I Zon Districts. The applicant pros to nge the term to "net le sable -afire" - �.� - �ll A tex is a two step review process requiring n icing in the newspapers at the Commission and ordinance adoption procedures at Council. Staff recommends approval of the text amendment for Section 5- 504. APPLICANT: Aspen Bank Shares, Ltd., as represented by Sunny Vann. APPLICANT'S REQUEST: Amend SectioVLC� chan^ging "gross floor area" to "net leasabl " r )�� On v�nrvX2 ,, STAFF COMMENTS: A. Background: Pitkin County Bank received a 1990 commercial GMQS allocation for 2,240 square feet of net leasable square footage to enlarge the existing bank building. Pursuant to Section 5-504, financial institutions are limited to a maximum of 12,000 square feet of "gross floor area." The Zoning Department has interpreted "gross floor area," although not defined in the Land Use Code, to mean a building's gross square footage as everything contained within the four walls above and below grade. Note: floor area as defined in the code generally does not include below grade space and net leasable is generally defined as all commercial or office space that is meant to be leased and occupied excluding bathrooms, stairs, corridors, mechanical and storage areas. The effect of this language upon the applicant is to preclude the Pitkin County Bank and Trust Company the ability to occupy all of 0 . 0- the additional square footage that they received with their 1990 GMQS allocation: Existing Increase .Proposed Gross Building Area 9,240 4,190 13,430 Floor Area 4,700 4,150 8,850 Net Leasable Area 5,460 2,240 7,700 Note: The proposed floor area is below the allowable floor area for the site. Although the Planning Department has confirmed Zoning's interpretation, staff does agree with the applicant that the language is problematic for the following reasons: 1) "Gross floor area" is not defined within the code and is not typically used throughout the Code as a guideline for development. 2) "Floor area" and "net leasable" are the terms used within the . Code to define the parameters of a development. 3) "Net leasable" square footage is the term used for growth impact mitigation which can be a size limiting factor. 4) Within the CC, C-1, and S/C/I zone districts maximum allowable floor area and other dimensional requirements are used to limit the bulk of commercial buildings. 5) Since the time of the original -zoning regulations the term "net leasable" has been included in the Code to be used for growth impact mitigation purposes and floor area is used for bulk control. Thus, this "change insures consistency within the Code and is the most appropriate guideline for development. The applicant offers two other ideas regarding the continued use of the term "gross floor area" such as: 1) The limitation was designed to limit the size of businesses rather than a building's bulk. The community was probably concerned about the development of a large commercial structure such as a K-Mart. This would support the fact that a large building can contain numerous small commercial uses. 2) The applicant also believes that at the time this zoning regulation was promulgated that "gross floor area" really referred to "floor area." 2 3) Discussions with Alan Richman, please see attached letter, have also revealed that when the new regulations were being inserted into the code that the terminology for the limitations of size was not reviewed for consistency with the rest of the code. A review probably would have amended. this section of the code. B. Proposal: Q1. The applicant purposes to substitute the term "net leasable (- area4" for "gross floor area" in this' Section of the Code. \� 2. The applicant also suggests reducing the square footage allowed in this Section. The term net leasable could result in slightly larger structures because "net leasable area" is more permissive than "gross floor area." This problem arose when the Code was amended to use "net leasable" instead of "floor area" as a measurement for commercial GMQS quotas. Research showed that approximately 85% of a building's floor area typically constitutes net leasable space therefore the quotas were reduced by 15% so the total floor area of the commercial building did not drastically increase in size but remained consistent to past acceptable sizes as defined within the Code. This memo does not include a 1519 reduction in allowable square footage for several reasons: a) mitigation is required on* net leasable square footage which potentially limits size; and b) a reduction in maximum allowable may affect existing businesses perhaps creating a non -conforming condition with existing usinesses or structures. However, staff is interested in the Commission's comments regarding this element of the Code Amendment. 3. Allowances for storage and underground parking can be excluded from this Section because the definition of "net leasable" excludes storage and underground parking. C. Amendment: Section 5-504 is proposed to be amended as follows: With the Commercial Core (CC), Commercial (C-1), and Service/Commercial/Industrial (S/C/I) zone districts, all permitted and conditional commercial business shall be restricted to the following maximum etraee - �3 oe�- ��efr-,---exe�trc�inef - a try-�n�rt ;--f-or--et-arac�e f-exeegt ---eammereral --atarage --prtrpaeee --ar --trad•ere�ra�nel A. 3,000 sg.ft. The following and similar uses shall be linit --to 'tree thousand (3,000) square feet in gr antique shop; art supply; bakery; bookstore; camera shop; candy, tobacco or cigarette shop; catalogue store; drug store; florist shop; gift shop; hobby shop; jewelry shop; key shop; liquor store; pet shop; photography shop; stationery store; dry cleaning; pickup station; barber and beauty shop; small appliance store; art gallery; decorator shop; seamstress; Laundromat; tailor; shoe repair shop; radio and TV broadcasting stations; rental, repair and wholesaling, provided they are accessory uses; electrical and plumbing service shops; automobile washing facility; pharmacies; art studio; and catering service. B. 6.000 sc7.ft. The following and similar uses shall be to six thousand (6,000) square feet in qzltl. •drugstore (including pharmacy); equipmen rental, storage and repair; shop craft industry; fabrication and repair and building materials {aril=r--an--aeld3t3ejn$3--tree--�`lsouge fop--st-ara�e)'; sporting goods store; variety shop; professional offices; and major appliance stores. C. 9,000 sq.ft. The following and similar uses shall be limit to nine thousand (9,000) square feet in gr €l` D service station and restaurant. D. 12,000 sq.ft. The following and similar uses shall be limited t twe e thousand (12,000) square feet in e}ro vehicle sales fwt tPr- a-rt--aclel��ianal-si - eancl--(fr�}O�j--sgtr�tre feet--perritied---€--outclovr---srecej ; builder supply yard; lumber yard; dry cleaning plant and laundry; manufacture and repair of sporting goods; printing and publishing plant; furniture store; carpet and floor covering store; financial. institutions; and food market �«it�r-an-ae�el�t3e�t$� tkree-t+ieldsal-Id- (�,�E}t}j--s trzrre-feet--pe��nri-tt -€er storage -an4 -aeeessery E. 20,000 sq.ft. The fp4lowing and similar uses shall be limited t6 tw ty thousand (20,000) square feet in g warehousing and storage. F. Retail sales areas. All of the square footage limitations on use shall not restrict the square footage of the total retail sales areas in. these Zone Districts, or any buildings occupied by any combination of more than one (1) of the above uses; provided, however, that any business 0 IN enumerated above, of the same type which occur individually or jointly in a single structure or combination of structures situated upon a single tract of land under the same ownership, shall be considered one .(1) business and together restricted to the maximum grass floor' area provided in this section. Amended language is proposed to read as follows: With the Commercial Core (CC), Commercial (C-1), and Service/Commercial/Industrial (S/C/I) zone districts, all permitted and conditional commercial business shall be restricted to the following maximum net leasable 1-Ser 4k�sowe; vw� tv� a T' A. 3,000 sq.ft. Theng and similar uses shall be limited toousand (3,000) square feet in net leasabarea: antique shop; art supply; bakery; bocamera shop; candy, tobacco or cigarette shop; catalogue store; drug store; florist shop; gift shop; hobby shop; jewelry shop; key shop; liquor store; pet shop; photography shop; stationery store; dry cleaning; pickup station; barber and beauty shop; small appliance store; art gallery; decorator shop; seamstress-; laundromat; tailor; shoe repair shop; radio and TV broadcasting stations;.rental, repair and wholesaling, provided they are accessory uses; electrical and plumbing service shops; automobile washing facility; pharmacies; art studio; and catering service. B. 6.000 sq.ft. following and similar uses shall be limited t six ousand (6,000) square feet in net leasable 'f oor rea: drugstore (including pharmacy); equip, n rental, storage and repair; shop craft industry; fabrication and repair and building materials; sporting goods store; variety shop; professional offices; and major appliance stores. 9,000 sq.ft. The following and similar uses shall be limited to ne ousand (9,000) square feet in net leasable "fl rea: service station and restaurant. D. 12,000 sq.ft. The following and similar uses shall be limited to tw usand (12,000) square feet in net leasable oo rea: vehicle sales; builder supply yard; er yard; dry cleaning plant and laundry; manufacture and repair of sporting goods; printing and publishing plant; 67 furniture. store; carpet and floor covering store; financial institutions; and food market. E. 20,000 sq.ft. The following and , simiLlar uses shall be limited to twenty thou nd 20,000) square feet in net leasable loor area: warehousing and storage. F. Retail sales areas. All of the square footage limitations on use shall not restrict the square footage of the total retail sales areas in these Zone Districts, or any buildings occupied by any combination of more than one (1) of the above uses; provided, however, that any business enumerated above, of the same type which occur individually or jointly in a single structure or combination of structures situated upon a single tract of land under the same ownership all be considered one (1) business an og ther restricted to the maximum net leasable floor rea provided in this section. SUMMARY: In summary staff recommends the following changes to Section 5-504: 1) changing the term "gross floor area" to "net leasable area"; 2) eliminating the exclusion language for storage,-}sasement and underground parking; and RECOMMENDATION: Staff recommends that the Commission recommend to Council approval of the text amendment for Section 5-504. 6 PUBLIC NOTICE RE: PROPOSED TEXT AMENDMENT TO SECTION 5-503 OF THE ASPEN LAND USE REGUTATIONS NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 7, 1991 at a meeting to begin at 4:30 pm before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by Aspen Bank Shares, Ltd. as owner of the Pitkin County Bank and Trust Company requesting an amendment to the text of Section 5-503 of the Aspen Land Use Regulations. The proposed text amendment would replace the term "gross floor area" with the term "net leasable area". For further information, contact the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5090. s1C. Welton Anderson, Chairman Planning and Zoning Commission Published in The Aspen Times on April 16, 1991. City of Aspen Account. TO: City Attorney FROM: Leslie Lamont, Planning Office RE: Text Amendment, Section 5-510, Use Square Footage DATE: March 26, 1991 - Attached for your review and comments is an application from Aspen Bank Shares, Ltd. (Pitkin County Bank & Trust) requesting a text amendment. Please return your comments to me no later than April 15, 1991. Thank you. • ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 March 26, 1991 Sunny Vann Vann Associates 230 East Hopkins Avenue Aspen, CO 81611 Re: Text Amendment, Section 5-503, Use Square Footage Dear Sunny, The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. Please submit the application fee of $780.00. We have scheduled this application for review at a public hearing by the Aspen Planning and Zoning Commission on May 7, 1991 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 the 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, Office Manager 0 VANN ASSOCIATE. INC. =2��.�o Consultants March 14, 1991 HAND DELIVERED Ms. Kim Johnson Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Pitkin County Bank & Trust Company/Use Square Footage Limitation Code Amendment Dear Kim: Please consider this letter an application for an amendment to the language of Section 5-503, the Use Square Footage Limitations of the Aspen Land Use Regulations (see Pre - Application Conference Summary attached hereto as Exhibit 1). The application is submitted pursuant to Section 7-1103 of the Regulations by Aspen Bank Shares, Ltd. (dba, the Pitkin County Bank & Trust Company). The Applicant's representative is Sunny Vann of Vann Associates, Inc., Planning Consultants (see Exhibit 2, Permission to Represent). Background On December 17, 1990, the City Council awarded the Applicant a commercial GMQS allotment for the expansion of the Pitkin County Bank & Trust Company building. The allotment consist- ed of two thousand two hundred and forty (2,240) square feet of net leasable area which is to be used to add a partial second floor to the existing bank building. The addition is to be occupied solely by bank personnel, and is necessary to alleviate existing overcrowded conditions within the bank. Pursuant to Section 5-503.D. of the Regulations, financial institutions are limited to a maximum of twelve thousand (12,000) square feet of "gross floor area". Although the Regulations contain a definition of the term "floor area", and provide direction as to how floor area is to be measured for "floor area ratio" and "allowable floor area" purposes, the Zoning Department has taken the position that the term "gross floor area", as used in Section 5-503, refers to a building's gross square footage as opposed to its floor area. _30 Eas; HlacK;ns Avenue • Asoen. Co:oraoo 816' 1 •303,1925•6958 �. r"`. Ms. Kim Johnson March 14, 1991 Page 2 While the staff's interpretation is arguably debatable; if sustained, it would preclude the Pitkin County Bank & Trust Company from occupying all of the additional square footage which is to be constructed pursuant to their GMQS allotment. As Table 1 below illustrates, the gross square footage (i.e., the "gross floor area") of the expanded building will be approximately thirteen thousand four hundred and thirty (13,430) square feet, or one thousand four hundred and thirty (1,430) square feet greater than the twelve (12,000) square foot maximum limitation. The building's expanded "floor area", however, will be significantly less than the maximum allowed. Table 1 Development Data Existing Proposed Increase Gross Building Areal 9,240 13,430 4,190 Floor Area3 4,700 8,850 4,150 Net Leasable Area4 51460 7,700 2,240 1 All numbers rounded to nearest ten (10) square feet. 2 The sum of the gross horizontal areas of each story of the building. 3 The building's basement has been excluded as it is located one hundred (100) percent below grade. 4 Excludes areas dedicated to bathrooms, stairways, corridors, mechanical areas and storage areas. As you know, the Applicant requested a formal interpretation of the relevant provisions of the Regulations from the Planning Office. While the staff agreed with the Zoning Department's interpretation, they indicated that the language was indeed problematic, and suggested that the Applicant apply for an amendment to the Regulations. Proposed Amendment While I believe that the use square footage limitations of Section 5-503 predate the current staffs tenure in the r-. Ms. Kim Johnson March 14, 1991 Page 3 Planning office, it is my understanding that the limitations were conceived as a means of regulating the relative size of commercial businesses rather than as a bulk control. At the time they were adopted, the community was apparently con- cerned about the possibility of someone developing an unusually large commercial structure (e.g., a K-Mart or a large grocery store). This understanding would appear to be supported by the fact that it is possible to maximize a structure's floor area while not exceeding the various use square footage limitations. In other words, a large building could contain multiple small commercial uses. Unfortunately, little if any public record exists regarding the adoption of the zoning regulations in which the use limitations originally appeared. The zoning regulations in question were adopted, I believe, concurrent with the city- wide rezoning which occurred in the early seventies. As "floor area" was the standard measure of building size at the time, I believe that the term "gross floor area" as used in Section 5-503 referred to floor area and not gross building square footage, the Zoning Department's interpretation notwithstanding. Since the adoption of the original zoning regulations, numerous changes have occurred in the way floor area is measured. In addition, the new Aspen Land Use Regulations have introduced the term "net leasable area", which is the standard for measuring impact for growth management and affordable housing purposes. Floor area is now used solely as a bulk control. If in fact the intent of the use limita- tions was to control the relative size of commercial busi- nesses, as opposed to building bulk, I believe that the substitution of "net leasable area" for "gross floor area" in the current regulations would more appropriately achieve this objective. The use of net leasable area would, in my opinion, permit a more accurate comparison of business size. In discussing the adoption of the new Aspen Land Use Regula- tions with Alan Richman, he indicated that the use limita- tions of the old code were simply transferred to the new regulations. Little, if any, discussion as to their contin- ued applicability apparently occurred during the adoption process. Alan also indicated that the terminology (i.e., "gross floor area") of the limitations was not reviewed for consistency with the language and definitions contained in the new regulations. In hindsight, I believe he would agree that this issue should have been addressed in connection with the adoption of the new Regulations. A letter from Alan addressing this issue is attached as Exhibit 3. Ms. Kim Johnson March 14, 1991 Page 4 Based on the above, the Applicant requests that Section 5-503 be amended to replace the term "gross floor area" with the term "net leasable area". To the best of my knowledge, the Regulations contain no other reference to gross floor area. As a result, no definition of this term need be drafted. The term net leasable area was defined in connection with the 1988 adoption of the Aspen Land Use Regulations. The introductory paragraph to Section 5-503 would, therefore, read as follows. "Within the Commercial Core (CC), Commercial (c-1), and Service/Commercial/Industrial (S/C/I) Zone Districts, all permitted and conditional commercial business shall be restricted to the following maximum net leasable area". As the definition of net leasable area excludes storage areas used exclusively by the tenants of the building, I believe that the language in Section 5-503 which refers to the exclusion of basements used for storage and underground parking can be eliminated. It should be noted that the use of "net leasable area" to limit the relative size of commercial structures will result in slightly larger buildings as this term is more permissive than "gross floor area". This potential problem also arose when the unit of measure for the commercial GMQS quotas was changed from "floor area" to "net leasable area". The problem was resolved, however, by reducing the quotas by fifteen (15) percent. This reduction was based on the theory that approximately eighty-five (85) percent of a commercial building's floor area typically constitutes net leasable space. Should the staff have a similar problem regarding the Applicant's proposed amendment, the same approach could be utilized to reduce the size of the various existing use square footage limitations. In other words, the existing limitations could be reduced by fifteen (15) percent to ensure the maximum size of the community's commercial structures remains unchanged. For example, the existing twelve thousand (12,000) square foot gross floor area limitation on the size of financial institutions would become a ten thousand two hundred (10,200) square foot limitation on net leasable area. As the Applicant ability to proceed with the construction of the proposed bank addition is dependent on obtaining the proposed regulatory amendment, any assistance you may be able Ms. Kim Johnson March 14, 1991 Page 5 to provide in the timely scheduling of our application would be sincerely appreciated. Should you have any questions, or require additional information, please do not hesitate to call. Very truly yours, VANN ASSOCIATES, INC. Sunny lVanAICP SV : cuv Attachments z/19 • CITY OF ASPEN ' EXHIBIT 1 i- E-AnPPLICATION CONFERENCE SUMMARY PROJECT: �tl(� c 0 / TO &-Z-' �� APPLICANT'S REPRESENTATIVE: REPRESENTATIVE' S PHONE : re ,!_ ; a S Y 1. Type of Application: 2. Describe action/type of development being requested: 3. s is which Applicant has been requested to respond, types of reports requested:. Policy Area/ Referral Agent Comments 4. Review is: (P&Z On (CC Only) ((:P::&Z then to CC 5. Public Hearing: (YES)~ (NO) 6. Number of copies of the application to be s e 7. What fee was applicant requested to submit:L S. Anticipated date of submission: 9. COMMENTS/UNIQUE CONCERNS:_ frm.pre_app lee_" VANN ASSOCIATES, INC. ?!anning Consultants September 12, 1990 HAND DELIVERED Ms. Leslie Lamont Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Lamont: EXHIBIT 2. Please consider this letter authorization for Sunny Vann of Vann Associates, Inc., Planning Consultants, to represent Aspen Bank Shares, Ltd. in the processing of our application for a commercial growth management allocation for an addition to the Pitkin County Bank & Trust Company building located at 534 East Hyman Avenue. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertain- ing to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Sincerely, Aspen Bank Shares, Ltd. Aqlltlw�vlk*� Charles B. Israel, President Pitkin County Bank & Trust Company (303) 925-6700 SV:cwv :.20 Fas Nopkin`.; A r i; :gin ,r, Ga �nr!c� s�!ni ? • 3O;y 7c^5f+06i3 /10'� d� /, - -9 - 1 � RESOLUTION NO. (Series of 1990) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN ACCEPTING A CASH -IN -LIEU PAYMENT FOR EMPLOYEE HOUSING MITIGATION FOR THE 1990 GMP APPLICATION FOR THE PITKIN COUNTY BANK ADDITION AT 534 E.' HYMAN (LOT 4, PITKIN CENTER SUBDIVISION) WHEREAS, pursuant to Section 8-106 of the Aspen Land Use Code, September 15 of each year is established as the deadline for submission of applications for commercial development allotments within the City of Aspen; and WHEREAS, a duly noticed public hearing was held by the Aspen Planning and Zoning Commission (hereinafter "Commission") on November 6, 1990 to consider the growth management quota system competition for commercial development, at which time the Commission did evaluate and score two applications; and WHEREAS, the Commission found that the Pitkin County Bank successfully met the minimum threshold for individual and combined categories for a total score of 31.48 points; and WHEREAS, the Commission recommended approval by special review, with conditions, for a reduction of parking and trash/utility service area; and WHEREAS, the applicant has requested to mitigate employee housing with cash -in -lieu; and WHEREAS, pursuant to Section 8-109(J) of the Land Use Code, City Council shall approve the method of housing mitigation and having considered the request does approve the cash -in -lieu payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO that in accordance with Section 8-109(J) of the Land Use Code, City Council does hereby accept a cash -in - lieu payment for employee housing mitigation for 4.7 full time low income employees as required by the Pitkin County Bank addition, with the condition that prior to the issuance of any building permits the payment, in the amount of $164,500.00, shall be made to the Finance Director. BE IT FURTHER RESOLVED by the Council that the mitigation approval as herein awarded shall expire pursuant to Section 8-108 of Chapter 24 of the Municipal Code on the day after the third anniversary of the date of approval of a site specific development plan, unless a building permit is obtained and the project is developed, or unless an exception from or extension of the approval is obtained. joDated: , 1990. William L. Stirling, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado at a meeting held , 1990. Kathryn S. Koch, City Clerk cc.reso.pitco.hsg c* RESOLIITION NO. 6 (Series of 1991) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING HOUSING MITIGATION IN THE FORM OF DEED RESTRICTIONS FOR NEW HOUSING AND A CASH -IN -LIEU PAYMENT FOR THE 1990 GMP APPLICATION FOR THE PITKIN COUNTY BANK ADDITION AT 534 E. HYMAN (LOT 4, PITYIN CENTER SUBDIVISION) WHEREAS, on December 17, 1990, the City Council of the City of Aspen awarded commercial/office development allotments for 1990 pursuant to Resolution No. 56 (Series 1990) under the growth management quota system as set forth in Article 8 of Chapter 24 of the Municipal Code; and WHEREAS, the development project known as Pitkin County Bank Addition was awarded 1990 commercial/office development allotments; and WHEREAS, the City Council initially rejected cash -in -lieu as the affordable housing mitigation proposal as offered by the Pitkin County Bank and provided direction as to the preferred methods of mitigation as authorized under Section 8-109(J) of Chapter 24 of the Municipal Code; and WHEREAS, the development for the Pitkin County Bank Addition :rust mitigate for 4.7 employees; and WHEREAS, the Pitkin County Bank has requested that the City Council approve an affordable housing mitigation method by which it shall deed restrict one (1) three-bedroon unit of approximately 1,400 square feet to be owned by and constructed at the Messiah Lutheran Church, 1235 Mountain View Drive (Parcel "A", Block II, West Meadows Subdivision); and WHEREAS, the Pitkin County Bank will work with the Housing Authority to determine the income category to which the unit will be deed restricted, anticipating that the deed restriction will reflect the Church's salary level for the eligibility of its current and future employees; and W=R AS, the proposed deed restricted unit will provide housing for three (3) employees; and WHEREAS, the Pitkin County Bank will mitigate for the remaining 1.7 employees by a cash -in -lieu payment of $59,500.00, or $35,000.00 per employee at the low income category; and WB_EREAS, the Bank commits to obtaining all appropriate municipal approvals, including Conditional Use approval for construction of the unit on the Church's property; and WHEREAS, during the Conditional Use process, the Bank will seek to increase the unit to four (4) bedrooms, thus housing 3.5 employees, reducing the cash -in -lieu obligation for the remaining 1.2 employees to $42,000.00 or $35,000.00 per employee at the low income category; and WHEREAS, the City Council has determined the Pitkin County Bank's housing mitigation proposal to be fair and equitable and consistent with the nitigation requirements contained in Section 8-109 of Chapter 24 of the Municipal Code. NOW, ITH?R.EFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: In accordance with Section 8-109(J) of the Land Use Code, City Council does hereby accept the employee housing mitigation plan for 4.7 employees as required by the Pitkin County Bank Addition to be a deed restricted unit to be constructed at the Messiah Lutheran Church, 2 j with cash -in -lieu payment for the remainder of the employees at the low-income category amount, with the following conditions: 1) The Pitkin County Bank must obtain Conditional Use Approval from the Aspen Planning and Zoning Commission for the addition of the employee housing unit at the Messiah Lutheran Church. 2) If a three (3) bedroom deed restricted unit is approved, the cash -in -lieu payment for the remaining 1.7 employees is $59,500.00 (low income category). If a four (4) bedroom unit is approved, the payment shall be $42,000.00. 3) Payment must be made to the City of Aspen at the Finance Director's Office prior to the issuance of any building permits for the Bank addition. Receipt of payment shall be forwarded to the Housing Authority and the Planning Office. 4) The Church, as owner of the unit, shall execute a deed restriction in a form satisfactory to the City Attorney and the Aspen/Pitkin County Housing Authority. Proof of recordation of the restriction with the Pitkin County Clerk and Recorder shall be forwarded to the Housing Authority and the Planning Office prior to issuance of any building permits for the housing unit and Bank addition. Dated: William L. Stirling, Mayoi/ I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado at a meeting held4 �� , 1991. 3 • • Kathryn Koch, City Clerk • • O)CH1151T 3 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 7 20 92 PARCEL ID AND CASE NO. DATE COMPLETE: a.p(q r Z7-57-/82- /S- 0 0 Y A65-92 STAFF MEMBER: KJ PROJECT NAME:Pitkin County Bank GMQS Exemption Project Address: 534 E. Hyman Aspen, CO 81611 Legal Address: APPLICANT: Charles Israel, Pres. Pitkin Cnty Bank Applicant Address: 534 E. Hyman Aspen, CO 81611 925-6700_ REPRESENTATIVE: Sunny Vann Vann & Associates Representative Address/Phone: 230 E. Hopkins Ave Aspen CO 81611 925-6958 FEES: PLANNING $ 912 # APPS RECEIVED 2 ENGINEER $ # PLATS RECEIVED 2 HOUSING $ ENV. HEALTH $ TOTAL $ 912 PAID:(YES) NO AMOUNT: $912 NO. OF COPIES RECEIVED 2/2 TYPE OF APPLICATION: 1 STEP: X 2 STEP: P&Z Meeting Date 9 a` 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: City Attorney Mtn Bell School District City Engineer Parks Dept. Rocky Mtn NatGas Housing Dir. Holy Cross State HwyDept(GW) Aspen Water Fire Marshall State HwyDept(GJ) City Electric Bldg Inspector Envir.Hlth. Roaring Fork Other Aspen Con.S.D. Energy Center Clean it Boar DATE REFERRED: % I 2-1 2,INITIALS: J C h) GL - V// ===== FINAL ROUTING: 11/ ^ DATE ROUTED: )///Cf/ [ A INITIAL: a* City Atty City Engineer Zoning Env. Health Housing' Other: FILE STATUS AND LOCATION: 1-7� G RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF GROWTH MANAGEMENT EXEMPTION FOR A 240 SQUARE FOOT EXPANSION OF NET LEASABLE AREA WITHIN THE PITKIN COUNTY BANK BUILDING, LOCATED AT 534 E. HYMAN AVE. (LOT 4, PITKIN CENTER SUBDIVISION) Resolution No. 92-� WHEREAS, Section 24-8-104 B.l.a of the Aspen Municipal Code allows the Planning and Zoning Commission to grant an exemption from Growth Management competition to projects increasing net leasable area less than 500 square feet; and WHEREAS, an application for Growth Management Exemption was submitted to the Planning Office by the Pitkin County Bank for internal expansion which increases the building's net leasable area by a net of 240 square feet; and WHEREAS, the application was reviewed by the Planning Office, who recommended approval with conditions to the Planning and Zoning Commission; and WHEREAS, in consideration of the application and the Planning Office recommendation, the Planning and Zoning Commission approved the Growth Management Exemption request with the recommended conditions by a 7-0 vote at its regular meeting on September 8, 1992. NOW, THEREFORE BE IT RESOLVED by the Commission: that the Pitkin County Bank Growth Management Exemption for an internal expansion of 240 square feet of net leasable area is approved with the following conditions: 1. Prior to the issuance of any building permits for construction of commercial square footage allotted by the 1990 GMP approval (excluding this 240 s.f. GMQS Exemption), the Bank shall: A. pay cash -in -lieu for 2.2 employees; and B. demonstrate compliance with CC zone district Floor Area Requirements by the removal of 60 s.f. of floor area. 2. All material -representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on September 8, 1992. Attu Jan C rney,"Deputy ity Clerk Planning d Zonin Commission: Jasmine Tygre, Chair Glv 3au c6 e6g? 111,F CrfA,Iz- • • 12S MEMORANDUM 1 'd l0 TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: Pitkin County Bank - GMQS Expansion Less than 500 s.f. DATE: September 8, 1992 Exemption for Commercial SUMMARY: The Planning Office recommends approval zwith"conditions' for,GMQS Exemption for commercial expansion of 240 s.f'. at Pitkin County Bank. The expansion results from the redesign of the ground floor and mezzanine. APPLICANT: Pitkin, County Bank,_ Charles Israel, represented by Sunny Vann LOCATION: +}5.34 E. Hyman (Lot 4, Pitkin Center Subdivision) ZONING: CC.(Commercial Core) APPLICANT'S REQUEST: The Applicant seeks GMQS Exemption for expansion of commercial net leasable area of a total of 240 s.f. They, new net leasable'" area . is proposed by extending the ,second level mezzanine throughout the full width of the bank building and by enclosing an open area on- the ground "floor: In order to comply with employee housing mitigation requirements for this expansion, the Applicant proposes to use deed"restricted housing currently being constructed at the Messiah Lutheran Church. See floor plans, Attachment "A". STAFF COMMENTS: The Pitkin County `b'a`hk received a Growth �Iana.gement allotment for 2 240 sf . of net leasable commercial area in 1990.. This square footage was to involve a new second floor and an expanded mezzanine. As part of the approval, the Bank had to provide housing mitigation for 4.7 employees. The Bank subsequently received approval from City Council to supply housing for 3 employees by constructing a three bedroom deed restricted housing unit at Messiah Lutheran Church and by paying cash -in -lieu for the remaining 1.7 persons. According to the application, the ank7 has postponed construction ¢of the entire 1990 allotment. The Bank is pursuing the current proposal as an interim expansion project to ove customer service. The current expansion plan calls for 70 f. of new" area, of which .130's.f. received allocation in .1 herefore, the remaining 2'40 s.f. must be approved by this GMQ Exemption application. Section 8-104 B.l.a. gives the Commission authority to grant GMQS Exemption for expansion of commercial or office net leasable area not to exceed 500 cumulative square feet. It must be demonstrated that minimal impact will occur upon the City. Impacts of additional employees, parking required, visual impact on the neighborhood, and demand on City's public facilities shall be considered in the review process. -,Employee., Generation: The Land Use Code states that employee generation is based on square footage of net leasable. The employee generation based on the 240 s.f. expansion is.„0.'5 employee: The following formula was used to calculate the 0.5 figure: 0.24 (% of 1,000 s.f.) X 3.5 (employees per 1,000 s.f.) X .6 (minimum GMP threshold). As the entire 1990 GMP square footage allotted to the Bank is not. being built at this time and the -construction of the three bedroom "'unit has begun, the Bank is proposing to accomplish the 0."51 employee housing requirement via the unit at the Church. In return for "using" part of this housing for the GMQS exemption at this time, the Barik_ will increase its cash- in- lieu .,payment by 0.5- employee (1.7 + .5 = 2.2 employees)_ when construction begins under` "the 1990 allocation. Housing Office Director Tom Baker and Planning staff have no objections to this housing proposal. Parking: Based on CC zone parking requirements of 2 spaces per 1,000 s.f. of net leasable, parking generated7`by`the increased square footage is 0.48 space: Section 5-301 E. states that parking requirements of 'less...:.than_..1/.2. of a parking space are disregarded.' - Visual and Public Facilities Impacts: There will be no negativ "v_is'ible impact resulting from this 240 s.f. internal expansiori:"' No added impacts are anticipated on public facilities as a result' of this expansion. There have been no previous expansions of net leasable within this structure. If this request is approved, there will be 260 s.f. square feet remaining for future GMQS Exemptions. The FAR of the current proposal meets zone district requirements. The application 1 does state that with the future addition of the 1990 GMP allocation allowable FAR will be exceeded by 60 s.f. The Applicant recognizes this and commits to revise building plans for the previous allotment at the time of building permit for that major expansion. STAFF RECOMMENDATION: Planning staff recommends approval of GMQS Exemption for 240 s.f. expansion at the Pitkin County Bank with the following conditions: 1. Prior to the issuance of any building permits for construction of commercial square footage allotted by the 1990 GMP approval (excluding this 240 s.f. GMQS Exemption), the Bank shall: 2 A. pay cash -in -lieu for 2.2 employees; and B. demonstrate compliance with CC zone district Floor Area Requirements by the removal of 60 s.f. of floor area. 2. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to recommend approval of GMQS Exemption for 240 s. f . of expansion of net leasable area within the Pitkin County Bank with the two conditions listed in the Planning Office memo dated September 8, 1992." Attachments: "A" - Proposed First Floor and Mezzanine Plans pitco.gmgs.memo 3 • u VANN ASSOCIATES Planning Consultants July 17, 1992 HAND DELIVERED Ms. Kim Johnson Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Pitkin County Bank & Trust Company/GMQS Exemption Dear Kim: Please consider this letter an application for an exemption from the growth manage- ment quota system (GMQS) for an approximately two hundred and forty (240) square foot addition to the Pitkin County Bank & Trust Company building (see Pre - Application Conference Summary attached hereto as Exhibit 1). The application is submitted pursuant to Section 8-104.B.1. a. of the Aspen Land Use Regulations by Aspen Bank Shares, Ltd. (dba, the Pitkin County Bank & Trust Company), the owner of the property (see Exhibit 2, Letter from Pitkin County Bank). Permission for Vann Associates, Planning Consultants, to represent the Applicant is attached as Exhibit 3. Background On December 17, 1990, the City Council awarded the Applicant a commercial GMQS allotment for the expansion of the Pitkin County Bank & Trust Company building (see Exhibit 4, City Council Resolution No. 58-90). The allotment consisted of two thousand two hundred and forty (2,240) square feet of net leasable area which is to be used to add a second floor to the bank building and to expand its mezzanine. Relevant development data pertaining to the previously approved expansion is summarized in Table 1 below. Table 1 DEVELOPiNIENT DATA 1. Existing Zoning 2. Total Site Area (Sq. Ft.)' CC, Commercial Core 230 Eas; Hopkins A jerLe • Asper. Coicrado 81611 • 301925-6958 • Fax 303,920-93 , 0 6,020 Ms. Kim Johnson July 17, 1992 Page 2 3. Existing Floor Area (Sq. Ft.) 4,700 Basement None Ground Floor 3,910 Mezzanine 790 4. Existing Net Leasable Area (Sq. Ft.)3 5,460 Basement 2,220 Ground Floor 2,830 Lezzanine 410 5. Maximum Allowable External Floor Area 9,030 @ 1.5:1 (Sq. Ft.) 6. Proposed Floor Area (Sq. Ft.) 8,850 Basement None Ground Floor 4,100 Mezzanine 1,170 Second Floor 3,580 7. Proposed Net Leasable Area (Sq. Ft.) 7,700 Basement 2,220 Ground Floor 2,830 Mezzanine 740 Second Floor 1,910 hJA All numbers have been rounded to the nearest ten (10) square feet. As the basement is one hundred (100) percent below natural grade, it is excluded from the calculation of floor area. 3 Excludes areas used for bathrooms, stairways, circulation corridors, mechani- cal areas, and storage areas used solely by the building's tenants. The City Council also approved a GNIQS exemption for the construction of a deed restricted dwelling unit at the Messiah Lutheran Church (see Exhibit 5, Resolution No. 5-91). The unit was designed to mitigate a portion of the Applicant's GMQS Ms. Kim Johnson July 17, 1992 Page 3 affordable housing requirement and is presently under construction. The Bank expansion, however, has been temporarily postponed. Proposed Development In the interim, the Applicant would like to remodel a portion of the Bank's existing ground floor and mezzanine to enhance customer service. As the accompanying architectural plans illustrate, the Applicant proposes to enclose an existing opening in the ground floor, and to extend the mezzanine to include the full width of the building. The resulting increase in the building's floor area and net leasable area is approximately three hundred and seventy (370) square feet. As noted previously, the Bank received an allocation for two thousand two hundred and forty (2,240) square feet of net leasable area in the 1990 GMQS competition. While a portion of this allotment could be used for the proposed remodel, an insufficient amount of net leasable area would remain to accommodate the Bank's future expansion. Please note that two (2) of the areas to be enclosed in connection with the remodel were not included in the original GMQS application. These two areas total approximately two hundred and forty (240) square feet of additional net leasable area over and above the original GMQS allocation. Revised floor area and net leasable calculations for the original expansion plus the remodel are provided in Table 2 below. Table 2 REVISED DEVELOPMENT DATA 1. Maximum Allowable External Floor Area 9,030 @ 1.5:1 (Sq. Ft.)` 2. Revised Floor Area (Sq. Ft.) 9,090 Basement None Ground Floor 4,210 Mezzanine 1,300 Second Floor 3,580 3. Revised Net Leasable Area (Sq. Ft.) 7,940 Basement 2,220 Ground Floor 2,940 Mezzanine 870 Second Floor 1,910 • b� Ms. Kim Johnson July 17, 1992 Page 4 1 All numbers have been rounded to the nearest ten (10) square feet. As Table 2 indicates, the building's revised floor area exceeds the property's maxi- mum allowable floor area by sixty (60) square feet. To resolve this problem, the Applicant will revise the plans for the previously approved expansion so as to remove sixty square feet of floor area. The revision will occur prior to the issuance of a building permit for the expansion. Review Requirements Pursuant to Section 8-104.B.1.a. of the Regulations, the Planning and Zoning Commission may approve a GMQS exemption for the expansion of an existing commercial building by not more than five hundred (500) square feet of net leasable area, provided that it can be demonstrated that the expansion will have minimum impact on the City. The applicable review criteria, and the proposed remodel's compliance therewith, are summarized as follows. 1. A minimal number of additional employees will be generated by the expansion. The proposed remodel will increase the building's net leasable square footage by two hundred and forty (240) square feet. Based on an employee generation factor of three and one-half (3-1/2) employees per one thousand (1,000) square feet of additional net leasable area, proposed remodel will theoretically generate 0.84 new employees calculated as follows. 240 Sq. Ft. Net Leasable _ 1,000 Sq. Ft. = 0.24 0.24 x 3.5 Employees/1,000 Sq. Ft. = 0.84 Employees Pursuant to Section 8-106.F(5)(c) of the Regulations, a proposed develop- ment need only provide affordable housing for a minimum of sixty (60) percent of the employees generated by the development. As a result, the proposed remodel will theoretically require the provision of affordable housing, or the cash -in -lieu equivalent thereof, for 0.50 employees. As noted previously, a three (3) bedroom, affordable housing unit is presently under construction at the Messiah Lutheran Church. The unit has been deed restric- ted as required pursuant to City Council Resolution No. 5-91, and will provide housing for three (3) employees. The Bank's remaining 1.7 employee mitigation requirement is to be met via a payment -in -lieu at such time as the second floor is constructed. As the original expansion has been temporarily postponed, the Appli- Ms. Kim Johnson July 17, 1992 Page 5 cant proposes to mitigate the 0.50 additional employee requirement which arises from the proposed remodel with the affordable housing unit presently under construction. The Applicant will increase the remaining cash -in -lieu payment to reflect the additional requirement. The revised payment will be $77,000.00 calculat- ed as follows. Original Affordable Housing Requirement 2,240 Sq. Ft. Net Leasable _ 1,000 Sq. Ft. = 2.24 2.24 x 3.5 Employees/1,000 Sq. Ft. = 7.84 Employees 7.84 Employees x 0.60 = 4.7 Employees Revised Payment -in -Lieu Requirement 4.7 Employees - 3 Employees Housed = 1.7 Employees 1.7 Employees + 0.5 Employees = 2.2 Employees 2.2 Employees x $35,000.00/Employee = $77,000.00 2. A minimal amount of additional parking spaces will be required by the expansion. The off-street parking requirement for commercial uses in the CC, Commer- cial Core, zone district is two (2) spaces per one thousand (1,000) square feet of net leasable area. The proposed remodel's parking requirement, therefore, would be calculated as follows. 240 Sq. Ft. Net Leasable _ 1,000 Sq. Ft. = 0.24 0.24 x 2.0 Spaces/1,000 Sq. Ft. = 0.48 Spaces Pursuant to Section 5-301.E. of the Regulations, fractional parking require- ments are disregarded if they are less than one-half (1/2) space. As a result, no additional parking will be required by the proposed remodel. 3. The expansion will have minimal visual impact on the neighborhood. The proposed remodel will have no visual impact on the surrounding neigh- borhood, as all improvements will be confined to the interior of the building. 4. Minimal demand will be placed on the Citv's public facilities by the expansion. As discussed in the Applicant's 1990 GMQS application, all utilities and public facilities are adequate to serve the expanded building. No additional demand • � • Ms. Kim Johnson July 17, 1992 Page 6 will be placed on the City's utilities or public facilities as a result of the proposed remodel. Should you have any questions, or require additional information, please do not hesitate to call. As the Applicant would like to commence construction on the remodel as soon as possible, any assistance you may be able to provide in the timely processing of our application would be sincerely appreciated. Yours truly, S V :cwv Attachments cc: Charles Israel Augie Reno I, i 1 I 1 I Gvla Cw1o7U!! -fW �LWM YA\/IInCt� OPEN OFFICE AREA I. OPEN TO BELOW ;T 1 I I.I! 1• STORAGE - ...... ., '../ �l 1 I TYLlER l MAIN LOB q Y`, . I 11=J l �I UP j --- - ENTRY VESTIBULE M 1-•+ `-, ro •I_.I � _ _ Ifs—i 1 SUEINEEY TYLL[gSl r�I OPEN OFFICE AgIA - - I 1 EPOeI'{ �Itrf q'Z- o z r r�- H z "o O n x10 0 0 H N d � N IO z Jjiil�ll �ll��'�� O"IfN To MffLCJW p M���AN,uE �xp�s,�us IF 14 OOP M�m • CITY OF ASPEN pRE-APPLICATION CONFERENCE SUMMARY PROJECT v APPLICANT'S REPRESENTATIVE: SiLU/L/i'.v /Y� / A / REPRESENTATIVE'S PHONE: OWNER'S NAME: SUMMARY I. Type of Application:- ' f' 2• Describe action/type of development being requested: /f EXHIBIT 1 ant has been requested to respond, 3. Areas is which Applicant types of reports requested: Policy Area/ comments__ Referral Accent s: 4• Review i P&Z Only) (CC Only) (P&Z then to CC) 5• Public Hearing: (YES) (NO) of copies of the application to be submitted: 6, Number — 7• What fee was applicant requested to submit: 8. Anticipated date of submission: CONCERN,S : eol G- 1 ;�✓7f� r p 9 , C,O/�ENTSUNIQUE /�C iCLQ"t.<F -- ✓�.r.: �/ r' , .. ; yr pre_apP EXHIBIT 2 Fx �, 1 '1F �'t 7 � • f 11 7s '. ? Iji `rl �1:1 ji ,; 7tf, .! h 4LZ'•l f�/ M• j{r 1 }4. August 21, 1990 ' HAND DELIVERY Ei Bill Poss, Chairman Historic Preservation Committee I, 605 E.,Main Street Aspen, CO 81611 F RE. Pitkin County Bank Addition Dear.Mr.!Poss,. i I am the President of .Pitkin. County Bank •-& Trust Co. .(the "Bank").'The Bank is the tenant of the entire building located on Lot 4, Pitkin Center -Subdivision commonly known:as.the:Pitkin ' County Bank Building. '.The Bank is also one of 'the owners of the building," and in that capacity acts as agent for the other owners. of the building. `This letter will confirm that I am authorized to act on behalf of the Bank and the ownership of the Bank building in regard to this application. Very truly yours, PITKIN COUNTY BANK &.TRUST CO. BY: !c/ Charles B. Israel, President It\pcbt.his 1 I 534 F. HYtMAN AVF. POS'r OFFICE BOX 3677 ASPEN, COLORAn081612 PHONE 3o:1/925-6700 0 EXHIBIT 3 VANN ASSOCIATES, INC. Planning Consultants September 12, 1990 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 Sunny Vann of Vann Associates, Inc., Planning Consultants, to represent Aspen Bank Shares, Ltd. in the processing of our application for a commercial growth management allocation for an addition to the Pitkin County Bank & Trust Company building located at 534 East Hyman Avenue. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertain- ing to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Sincerely, Aspen Bank Shares, Ltd. &44/px. Charles B. Israel, President Pitkin County Bank & Trust Company (303) 925-6700 SV:cwv 230 :ast Hopkins Avenue • Aspen, Colorado 81611 •303/925-6958 EXHIBIT 4 ATTACHMENT B RESOLUTION NO. 36? (Series of 1990) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING COMMERCIAL/OFFICE DEVELOPMENT ALLOTMENTS FOR 1990 UNDER THE GROWTH MANAGEMENT QUOTA SYSTEM. WHEREAS, Article 8 of Chapter 24 of the Municipal Code sets forth a growth management quota system governing new development within the City of Aspen; and WHEREAS, pursuant to Section 8-103 (A) (3) (a) of Chapter 24 of the Municipal Code, eight thousand (8,000) square feet of net leasable space is available for development allotment within the Commercial Core (CC) and Commercial (Cl) zone districts of the City on an annual basis; and tions were received and reviewed WHEREAS, development applica �y by the Planning Director for 1990 development allotments in the commercial zone districts and forwarded to the Planning and Zoning Commission; and WHEREAS, the Planning and Zoning Com-mission did evaluate and score the development allotment applications at a duly noticed public hearing on November 6, 1990, as required by Section 8- 106(D) of Chapter 24 of the Municipal Code; and WHEREAS, the Planning and Zoning Commission determined that the Pitkin County Bank project and the 409 East Hopkins project successfully met the minimum threshold for individual and com- bined score categories and scored the Pitkin County Bank project at 31.48 points and the 409 East Hopkins project at 28.73 points; and WHEREAS, the Planning and Zoning Commission, in accordance with Section 8-106(H), ranked the Pitkin County Bank project ahead of the 409 East Hopkins project and forwarded its recommen- dations and scoring to the City Council; and WHEREAS, the Planning and Zoning Commission has recommended that the Pitkin County Bank project be allocated a development allotment of 2,240 square feet with the 409 East Hopkins project receiving an allotment of 5,760 square feet, thus, exhausting the available 1990 commercial development allotment of 8,000 square feet; and WHEREAS, no challenges to the Planning and Zoning Commis- sion's scoring and/or rankings have been submitted to the City r of Chapter 24 of the Council as allowed under Section 8-106(I) P Municipal Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLOR.ADO, THAT: Section 1 In accordance with Section 8-106(J) of Chapter 24 of the Municipal Code, the City Council of the City of Aspen does hereby grant to the Pit -kin County Bark project a development allotment of 2,240 square feet of net leasable space from the 1990 commer- cial growth management quota- 2 E n U Section 2 5 In accordance with Section 8-106(J) of Chapter 24 of the Municipal Code, the City Council of the City of Aspen does hereby grant to the 409 East Hopkins project a development allotment of 5,760 square feet of net leasable space from the 1990 commercial growth management quota. Section 3 In accordance with Section 8-108 of Chapter 24 of the Municipal Code, the development allotments as awarded herein shall expire on the day after the third anniversary of the date of approval of a site specific development plan for the projects as identified herein, unless a building permit is obtained and the project is developed, or unless an exemption from or exten- - sion to the approval is obtained. Dated: C� f LZ � , 19 9�. William L. Sti'rling, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate ccpy of that resolution adopted by the city Council Council of the City of Aspen, Colorado, at a meeting held l 17 1990. Kathryn.-S. Koch, City Clerk Ll 0. 0 EXHIBIT 5 RESOLUTION NO. S (Series of 1991) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING HOUSING MITIGATION IN THE FORM OF DEED RESTRICTIONS FOR NEW HOUSING AND A CASH -IN -LIEU PAYMENT FOR THE 1990 GMP APPLICATION FOR THE PITKIN COUNTY BANK ADDITION AT 534 E. HYMAN (LOT 4, PITKIN CENTER SUBDIVISION) WHEREAS, on December 17, 1990, the City Council of the City of Aspen awarded commercial/office development allotments for 1990 pursuant to Resolution No. 58 (Series 1990) under the growth management quota system as set forth in Article 8 of Chapter 24 of the Municipal Code; and WHEREAS, the development project known as Pitkin County Bank Addition was awarded 1990 commercial/office development allotments; and WHEREAS, the City Council initially rejected cash -in -lieu as the affordable housing mitigation proposal as offered by the Pitkin County Bank and provided direction as to the preferred methods of mitigation as authorized under Section 8-109(J) of Chapter 24 of the Municipal Code; and WHEREAS, the development for the Pitkin County Bank Addition must mitigate for 4.7 employees; and WHEREAS, the Pitkin County Bank has requested that the City Council approve an affordable housing mitigation method by which it shall deed restrict one (1) three -bedroom unit o= approximately 1,400 square feet to be owned by and constructed at the Messiah Lutheran Church, 1235 Mountain View Drive (Parcel - Block II, West Meadows Subdivision); and WHEREAS, the Pitkin County Bank will work with the Housinc • • Authority to determine the income category to which the unit will be deed restricted, anticipating that the deed restriction will reflect the Church's salary level for the eligibility of its current and future employees; and WHEREAS, the proposed- deed restricted unit will provide housing for three (3) employees; and WHEREAS, the Pitkin County Bank will mitigate for the remaining 1.7 employees by a cash -in -lieu payment of $59,500.00, or $35,000.00 per employee at the low income category; and WHEREAS, the Bank commits to obtaining all appropriate municipal approvals, including Conditional Use approval for construction of the unit on the Church's property; and WHEREAS, during the Conditional Use process, the Bank will seek to increase the unit to four (4) bedrooms, thus housing 3.5 employees, reducing the cash -in -lieu obligation for the remaining 1.2 employees to $42, 000.00 or $35, 000. 00 ner em- -:.e^ -7).'= ths low income category; and WHEREAS, the City Council has determined the Pitkin County Bank's housing mitigation proposal to be fair and equitable and consistent with the mitigation requirements contained in Section 8-109 of Chapter 24 of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: In accordance with Section 8-109(J) of the Land Use Code, City Council does hereby accept the employee housing mitigation plan for 4.7 employees as required by the Pitkin County Bank Addition to be a deed restricted unit to be constructed at the Messiah Lutheran Church, FA with cash -in -lieu payment for the remainder of the employees at the low-income category amount, with the following conditions: 1) The Pitkin County Bank must obtain Conditional Use Approval from the Aspen Planning and Zoning Commission for the addition of the employee housing unit at the Messiah Lutheran Church. 2) If a three (3) bedroom deed restricted unit is approved, the cash -in -lieu payment for the remaining 1.7 employees is $59,500.00 (low income category). If a four (4) bedroom unit is approved, the payment shall be $42,000.00. 3) Payment must be made to the City of Aspen at the Finance Director's Office prior to the issuance of any building permits for the Bank addition. Receipt of payment shall be forwarded to the Housing Authority and -the Planning Office. 4) The Church, as owner of the unit, shall execute a deed restriction in a form satisfactory to the City Attorney and the Aspen/Pitkin County Housing Authority. Proof of the restriction with the Pitkin County Clerk and Recorder shall be forwarded, to the Housing Authority and the Planning Office prior to issuance of any building permits for the housing unit and Bank addition. Dated: 1991. William L. Stirling, Mayo I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado at a meeting held 1991. 3 Kathryn S11 Koch, City Clerk 0 • ASPENIPITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 920-5197 (303) 920-5090 FAX# 3 July 21, 1992 Sunny Vann Vann & Associates 230 E. Hopkins Aspen, CO 81611 Re: Pitkin County Bank GMQS Exemption Case A65-92 Dear Sunny, The Planning Office has completed its preliminary review captioned appthe lication. We have determined that this application is complete. he en Planning We have scheduled this application for review by 1992 at a meeting and Zoning Commission on Tuesday, September 8, to begin at 4:30 P.m. Should this date of bhelda please contactenconvof this letter• t me within 3 working days After that the agenda date will be lication w i be allowed for 1 only and changes to the schedule or tabling of the application unavoidable ting technical problems. The Friday before thepertaining we will call to inform you that a copy of the memo p date, Office. to the application is available at the Planning If you have any questions, please call Kim Johnson, the planner assigned to your case. - Sincerely, Suzanne L. Wolff Administrative Assistant f,nu:apz.no.ph • 0 0�xtf/evT 4-- RESOLUTION NO. 6 (Series of 1991) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING HOUSING MITIGATION IN THE FORM OF DEED RESTRICTIONS FOR NEW HOUSING AND A CASH -IN -LIEU PAYMENT FOR THE 1990 GMP APPLICATION FOR THE PITKIN COUNTY BANK ADDITION AT 534 E. HYMAN (LOT 4, PITKIN CENTER SUBDIVISION) WHEREAS, on December 17, 1990, the City Council of the City of Aspen awarded commercial/office development allotments for 1990 pursuant to Resolution No. 58 (Series 1990) under the growth management quota system as set forth in Article 8 of Chapter 24 of the Municipal Code; and WHEREAS, the development project known as Pitkin County Bank Addition was awarded 1990 commercial/office development allotments; and WHEREAS, the City Council initially rejected cash -in -lieu as the affordable housing mitigation proposal as offered by the Pitkin County Bank and provided direction as to the preferred methods of mitigation as authorized under Section 8-109(J) of Chapter 24 of the Municipal Code; and WHEREAS, the development for the Pitkin County Bank Addition must mitigate for 4.7 employees; and WHEREAS, the Pitkin County Bank has requested that the City Council approve an affordable housing mitigation method by which it shall deed restrict one (1) three -bedroom unit of approximately 1,400 square feet to be owned by and constructed at the Messiah Lutheran Church, 1235 Mountain View Drive (Parcel "A", Block II, West Meadows Subdivision); and WHEREAS, the Pitkin County Bank will work with the Housing 0 • Authority to determine the income category to which the unit will be deed restricted, anticipating that the deed restriction will reflect the Church's salary level for the eligibility of its current and future employees; and WHEREAS, the proposed deed restricted unit will provide housing for three (3) employees; and WHEREAS, the Pitkin County Bank will mitigate for the remaining 1.7 employees by a cash -in -lieu payment of $59,500.00, or $35,000.00 per employee at the low income category; and WHEREAS, the Bank commits to obtaining all appropriate municipal approvals, including Conditional Use approval for construction of the unit on the Church's property; and WHEREAS, during the Conditional Use process, the Bank will seek to increase the unit to four (4) bedrooms, thus housing 3.5 employees, reducing the cash -in -lieu obligation for the remaining 1.2 employees to $42,000.00 or $35,000.00 per employee at the low income category; and WHEREAS, the City Council has determined the Pitkin County Bank's housing mitigation proposal to be fair and equitable and consistent with the mitigation requirements contained in Section 8-109 of Chapter 24 of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: In accordance with Section 8-109(J) of the Land Use Code, City Council does hereby accept the employee housing mitigation plan for 4.7 employees as required by the Pitkin County Bank Addition to be a deed restricted unit to be constructed at the Messiah Lutheran Church, 2 0 0 with cash -in -lieu payment for the remainder of the employees at the low-income category amount, with the following conditions: 1) The Pitkin County Bank must obtain Conditional Use Approval from the Aspen Planning and Zoning Commission for the addition of the employee housing unit at the Messiah Lutheran Church. 2) If a three (3) bedroom deed restricted unit is approved, the cash -in -lieu payment for the remaining 1.7 employees is $59,500.00 (low income category). If a four (4) bedroom unit is .approved, the payment shall be $42,000.00. 3) Payment must be made to the City of Aspen at the Finance Director's Office prior to the issuance of any building permits for the Bank addition. Receipt of payment shall be forwarded to the Housing Authority and the Planning Office. 4) The Church, as owner of the unit, shall execute a deed restriction in a form satisfactory to the City Attorney and the Aspen/Pitkin County Housing Authority. Proof of recordation of the restriction with the Pitkin County Clerk and Recorder shall be forwarded to the Housing Authority and the Planning Office prior to issuance of any building permits for the housing unit and Bank addition. Dated: 1999�. William L. Stirling, Mayo&' I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado at a meeting held , 19q. 3 JUN-20-2003 FRI 04;17 PM FAX NO. P. 01 MobM C�rxfifiratr nfOlrru,pttttrlj ASPEN*PITKIN REC31Di'iI,AL BUILDING ©EPART MEN T This CertOcale issued pursuant to tile° r'equirernenis of Sectiu+r �307 of the.. 8 9 8 I:'ditiort of the Ur+i�ortit Ba7 din Code. It certifies that at the date of J issuance, the structure as described below wa.r;,r cu+r+pliance with the various resolutions i '� 4. I ti and ordinances regulating building consiruc'tio+t Mid use in thisjurisdiction. Residential - tttdi Pcrn►it.,-90 Use Cfussitic� Eion _.. _ Legal Dvicriptiun_., . t Building Address 1235 Mount a 0wncrofIitiilcling OwnerAddtcSs_.,..,—���S..M�ul.taizL�iew D.rive,...Asp.cn,..C() R i " t< Group-3 K-3 15 -rypc corvmrUtio>n » . Description:: Add t ion �jf�3.Z2 Rn s.: r� -.feet.; iption: — �`;iz fo er, three bedrooms, tiro iu11 baths,_one_Ic{.gllgi7,_one�clill.ino-Om, -Y. r; x. 3 . otic livingroom one story a room, c;+�e laundry..,ryUmi_—._........_..._.... Degd restricted -•µ =... .--•r- -•'•-- " � Commcznts & Restrictions: it .... .__.. ..._ r Date, C/ jBullclin Oflic ial l �•_ Now; In all occupancies, except R3, this certificate must he posted in a conspicuous Place near the nwin exit on the premises for which it is issued. Any alteration or use; of these described premises or portion thereof wiihoul ltx: writtrn approval of the Building Oil icial shall negate this C,O, and subject it w avocation,