HomeMy WebLinkAboutcoa.lu.gm.534 E Hyman Ave.A037-03
CASE NUMBER
PARCEL ill #
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 Ryman Avenue. Aspen. Co.. 81611. 925-6700
Property Owner's Name, Mailing Address and telephone number
. Lot 4. Pitkin Center Subdivision. 534 East Ryman Avenue. Aspen. Co.
Legal Description and Street Address of Subj ect Property
GMQS 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)
Au!!. 30. 2003
Effective Date of Development Order (Same as date of publication of notice of approval.)
Au!!. 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 20th day of August, 2003, by the City of Aspen Community
Development Director.
MEMORANDUM
TO:
Julie Ann Woods, Community Development Director
FROM:
Scott Woodford, City of Aspen Senior Planne:rC.y
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/l,OOO 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 ofthe 4.7 employees required tobe 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" of2.37 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./ I, 000 = .07
.07 x 2.0 spaces / 1,000 = .14 spaces
2
r'\
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 Colllmllnity Development
Director approve the request for a GMQS Exemption for a 66 square foot expansion to
the Vectra Bank.
ApPROVED By:
~
1 ector of Community Development
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Date .
APJDb
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MEMORANDUM
TO:
Scott Woodford, City Planner, Community Development Department
FROM:
Cindy Christensen, Housing Office
DATE:
August 15, 2003
VECTRA BANK REQUEST TO INCREASE NET LEASEABLE BY 66 SQ. FT.
RE:
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 the past Resolutions, no more
mitigation would be required for this remodel. However, prior to building permit approval, the
applicant shall provide proof of this payment of $77,000 to the Housing Authority or provide
payment of the $77,000 to the Housing Authority.
Innsbruck Inn Redevelopment Application
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF ASPEN (hereinafter CITY) and
Ae:reement for Payment of City of Aspen Development Application Fees
V~orr(J.. ~f::-ICo(~
.. . f .. . '
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
~ CbUft\~ ~y~eQ
(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 thatbecause of the size, nature orscope 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 pennit 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 t<;> process
APPLICANT'S application. .
4. CITY and APPLICANT further agree that it is impracticabl~ for CITY staff to complete
processing or present sufficient information to the Planning CommissIon and/or City Council to e1J.abfe the
Planning Commission arid/or City Council to make legally required fmdings 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 detennination 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 sha.ll 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 pennits be issued
until all costs associated with case processing have been paid.
CITY OF ASPEN
APPLICANT
~
-...l
By:
By:
Julie Ann Woods
Community Development Director.
Date:
g: \support\fo rms\agrpayas.doc
6/05/03
Billing Address .and Telephone Number:
Required ~ V lDf1r~ ~ k-
504- e I <t-11/JiD CLtl
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H' Architects
Heidi H. Hoffmann, AlA
504 Midland Park PI.
Aspen, CO 81611
970/925-9420
Fax 970/925-4671
Internet: hhharch@roLnet
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:
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 inf:tll of approximately 95 square feet at
the existing bridge to the main lobby. An open area of29 square feet over the original stair will
be created leaving a net leasable area of 66 square feet. (Please see Exhibit lA.)
In 1990, the Applicant received Growth Management allotment fo~_c~~~s,.( 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.( 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
~~
Heidi H. Hoffmann
Attachments
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VECTRABhL~JS
~
You do life. We'll do the banking:"
7/17/03
Community Development Department
City of Aspen
130 So. Galena
Aspenr Colorado 81611
Re: permission to Represent
To Whom It May Concern:
Please accept this letter of authorization for Heidi H.
Hoffmannr H3 Architectsr to represent Vectra Bank Colorador
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 Bancorporationr One
South Main Streetr 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:
s1474twg@vectrabank.com .
Thank you for your assistance.
~.e..._.r.y T.....7U.ly yours,. #... ..;J. ....1
/ ~ (7 /
j' /w~~r:;';
h W . ff~? '
Tomas . Grlt7.m.s. /
Market Preside!rt...
Cc: Heidi H. Hoffmann
Eileen Breslin
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111'U
534 East Hyman Avenue Aspen, Colorado 81611
(970) 925-6700
Member FDIC
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CASELOADSUMMARY SHEET.
city of Aspen
DATE RECEIVED: 3 7*)..4 ~1 PARCEL ID AND CASE NO.
DATE COMPLETE: ~ ~~ , 2737-182~i3-005 A15-91
A-. 'r I.L \ STAFF MEMBER: ~ t..t-
~u..6..,re.."tGe.~€' vllt\t (\4.... 'n.o,^
PROJECT NAME: rlUdn CtiI_u'.. .IHlMlt. Code Amendment Application
Project Address: 534 East HYman. Aspen. co.
Legal Address:
APPLICANT: Aspen Bank Shares, Ltd.
Applicant Address: 534 East Hyman Ave.,Aspen,
REPRESENTATIVE:Vann Associates. Inc.,sunny'vann
Representative Address/Phone: .230 East }1opkinsAvenue
Aspen. CO 81611
.,.
~~ID~- YE;-~;;;;;79W--~~~;=;;~;?v;~=;= .
TYPE OF A~PLICATION:" .1 STEP; ." . 2 STEP: 'K
P&Z Meeting Date0/-::r
PUBLIC HEARING:
&
YES'., . ~ ()RJJ,
dff/~}lO .2.U,
YES NO .
NO
Pt.1BLIC HEARING:.
CC Meeting Date
I'~+~
~/~1rJ81 ~
VESTED RIGHTS:
VESTED RIGHTS:
"
Planning Director Approval:
Insubstantial Amendment or Exemption:
Paid:
Date:
---------------------------------------------------------------
---------------------------~-----------------------------------
RE5lRRALS:
.,. . City Attorney Mtn Bell School District
City Enqineer Parks Dept. Rocky Mtn Na'tGas
Housing Di~. Holy Cross State HwyDept{GW)
Aspen Water Fire Marshall state HwyDept{GJ)
City Electric Building rnspector;(
. Envir.Hlth. Roaring Fork .'. Other ~O~f~6-
Aspen Con. S . D. Energy Center ... ..
DATE REFERRED: "3/;'>7/11 > INITIALS:. . j)f--
;~~~=~~~;;~:~~=============~~~E-;~~;i;7~~=1~Tql==~;~;~AL~~
~~~~i~~ty ~~~~~:~ngineer:=:zonin"g . :=:Env.
FILE STATUS ~D !--OCATI,0N: ... C~'\ . eM----
.' ., ..0
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.~
ORDINANCE NO~ 22
(Series of 1991)
.&"i :JRDINANCE OF THE.. ASPEN CITY COUNCIL A..1.{ENDING CHAPTER 24 SECTION
5--504 OF THE MUNICIPAL CODE TO CHANGE THE TERM "GROSS FLOOR AREA"
TO :l'NET LEASABLE COMMERCIAL AND OFFICE SPACE"
k
WHEREAS, the Pitkin County Bank has proposed to amend Sectior.
5.-:504 of Chapter 24 to change the term tlgross floor area" to "net
leasable commercial and office spaceffj and
WHEREAS, the term "gross floor area" is not defined within
the Code and the term trnetleasable conunercial and office spacell
.Lo defined in the Code and is typically used for mitigation
purposes; and
. WHEREAS, staff believes that when the zoning regulati~ns 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" wa~ I1.ot9hanged; and
,~,-:' ,:'.. \"'"
WHEREAS, pursuant to Section 7-1103
review an .amendment to the text of Chapter
making a recommendation to Council; and
the Commission shall
24 at a public hearing
.. )~..
/'..;~
.i.'
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WHEREAS, the Planning and Zoning Commission reviewed the
proposed amendment at their May 7, 1991 meeting and recon-.mends to
Council approval of the,.~men(illll~:nt; and
NOW, THEREFORE, BE IT ORDAINED. BY TaE 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 2~ 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) 1 and Service/commercial/
Industrial (SjCjI) zone dis. t...r......i..ct..s.. ,.all permitted and conditional X..
commercial business ~h~ll b~ re~tricted to the following~~\
net leasable commercJ.al and .offJ.ce.space.
'.~---. . . . ....'....
A.
3 ,000 sq. ft. The~(:)119win9and similar uses shall
be limited to threethoJls;al1ci (3,000) square-feet in
net leasable.commerc:il!.;andoffice space: .a:ntigtie
shoPiart supplY;l:>akery; bookstorei. camerashopi
candy,tobacco.or.cigarette shop; catalogue store;
drug store; florist shoPiqift shop; hobby shoPi
jewelry shop; key liquor store; pet shop;
photography shop; store; dry cleaning;
pickup station; beauty shop small
..:J....
.............::
." ....
'-".... ..
~
.~.
"'JI.'. ,;" Ii.
appliance store; art qallerYidecorator shoPi
seamstr~ss; 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.
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B. 6,000 sa.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 pha.rmacy); equipment rental ,s'torage and
repair; shop craft industry; fabrication and repair
and building materials; sporting goods store;
.variety shop; professional offic::es; . and major
appliance stores. .
C. 9,000 sa. ft. The following and similar uses shall
be limited to nine thousand (9,000) square feet in
net leasable commercial and officespaee: service
station andresta,~r.ant
D. 12.000 sq.ft. The following and similar uses shall
be limited to twelve thousand (12,000) square feet
,JJ1d~~~b-t!.-'\._ c~ereia~and ~ffice_space-=-
veh~cle sales; bUJ.ltl:ersupPf'y- yara;-ntmoer--ya.rd';- 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 sq. 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 ret(;iil sales areas in. these
Zone Distr ict.s , 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 ot land
under the same owne+,ship, shall be considered one
(1) business and together restricted to the.1t1.~}{l1tl.um
net leasA.ble. COmmercial and9ffice space provided
in this section. . .
';-...)
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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
~
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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 repeale,dor amended as herein
provided, and the same shall be conducted and concluded under stich
prior ordinances.
Section 5:
. . . ~ ".
A public hearing on the Ordinance shall be held on the 8" ciay 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 publ'ic notice of the same shall be published in a
newspap~r of general circulat~on within the City of Aspen.
,.<";;.~'
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INTRODUCED, READ AND
tr. City Council of the
, 1991.
ORDERED PUBLISHED as provi~ by law,
city of ASpen~the /0 day
i3~--
John ennett, Mayor
by
of
,.
Clerk
FINALLY ADOPTED this 22nd day of July 1991.
(J~
ATTEST:
:'. ........,....,:.:'.'~:
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-
appliance stor~; art gallery; decorator shop;
seamstress; laundromat; tailor; shoe repair shop;
radi.o and TV broadcasting stations; rental, repair
and wholesaling, provided they are accessory uses;
electrica~ and plumbing service shops; automobile
washing facility; pharmacies; art.. studio; and
catering service.
B. 6,000 sa. ft. The following and similar uses shall
be limited to six thousand (6,000) square feet in
net leasable commercial and ofrice 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 sa. 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
, .. ~,--~asable ..commercial and. 9ffice . space:
~.' vehicle sales; bu11cr~yYara;-romo-er'-yaFdYary
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 sa.ft. The following and similar uses shall
be limited to twenty thousand (20,000) square feet
in net leasable commercial and. office space:
~~rehousingandstorage.
F. Re'tail 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
(ll business and together restricted to the maximum
net leasable c'ommercial 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 sha,ll 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.
se'otion 5:
A public hearing on the Ordinance shall be held on the ~~day of
~ I 1991 at 5:00 P.M. in the City Council Chambers, Aspen
~ty Hall, Aspen Colorado, fifteen (1.5) days prior to which a
hearing of publ"ic notice. of . the same shall. be published in a
newspap~r of general circulation within the City of Aspen.
"".'Z;_'
,.."m..
~. . ...;~
"''It". ~.'.
--
INTRODUCED, READ AND
t~.City Council of the
. , 1991.
ORDERED PUBLISHED as provi~ by law,
city of Aspen~the I~ day
13~--
John ennett, Mayor
by
of
'FINALLY ADOPTED this ~2ndday of July 1991.
J-'.':~
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--... "
ATTEST:
"- ~
MEMORANDUM
FROM:
Mayor and Council
Carol O'Dowd, City Manager
. 'A1nyMargerulll, Planning DirectoW
Leslie Lamont, Planner
Square Footage Limi tati.on Code Amendment - Section 5-
504, Second Reading Ordinance 22
TO:
THRU:
THRU:
RE:
DATE:
July 22, ~991
=========_.-:._=================,======--=::::::::::=======;..~====
StJ'HHARY: The applicant, Pitkin County Bal1k, 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 l;>usiness only within the CC, C-l, and SICIl zone
districts.
A text amendm.ent is. a two step review process requiring review by
the Commission andOrdinaAce 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 som.e buildings and estimated the
affect the change in the language would have upon those partiCUlar
buildings.
COUNCIL GOALS: The proposed amendment is cQnsistentwi th Goal #~4:
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. tne'.existing bank building. .
Commercial GMQSallotments are allocated on a net leasable square
foot basis. Because net leasable does only refers touseable space
the qaddi tional net leasable pushes the Bank over the allowable
"gross floor area" for a financial institution. .... Pursuant to
Section 5-504 , financial institutions are limi,tecito a maximum of
12,000. square feet of "gross floor area." The Zoning Department
has interpreted "gross floor i3,rea," although not defined in the
Land Use Code, to mean a building' sgross square footage _
everything contained within the four walls above and below grade.
~.
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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 at.t.ached
illust.ration. .
The effect of this language upon the applicant is to preciude 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. "qross floor
area" ) and lease space elsewhere for their expanded needs . The.
proposed floor area is below the allowable floor area for the site
in . that CC zone district. ~qditionally , GMQS requires. only
cOlllpetition for "net leasable"spase. 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 tlgross floor area," staff does agree with
the applicant that the language is problematic for the following
reasons:
l} "Gross floor area" is not defined within the Code and is not
typically used throughout the Code a guideline for development
r 2) "Floor area" is the term used within the Code to regulate the
bulk and mass for' a proposed development.
3) within the ec, C-1, and S/C/I zone districts maximum allowable
floor area and other dimensional requirement$ 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 siz~ of a business.
5) The Land OseCode requires mitigation for the expansion of net
leasable lSpacewithinanexistingb~ildinq. For example, if an
existing business seeks to convert basement storage area int.o net.
leasable space any expansion .less t!1an 500 square feet must be.
reviewed by the Planning and Zoning qommission and greater than 500
square feet must compete in ~rowt~ ~anaqement..
6) St.affhas reviewed four buildings to help determine t.he affect
this amendment would have. on. Et~i~ting businesses. staff will
present those findingsat1Fhe 95~~fl~il..1Uee1;ing.
.2
. '
7) Staff considers this request reasonable and appropriate lending
better consistency to the Land Use'. Code.
13. 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 sizeofhusinesses
rather than.a building's blllk. The community was probably
concerned about the development of a large,.. commercial structure
such as a K-Ma:rt. 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 promulqated that "gross floor area" really referred
to "floor area."
3) Discussions with Alan Richman (please see attached' letter, C)
have also. revealed that when thellewregulations were being
inserted into the Code, the terminology fortQ,e limitations of size
was not reviewed for consistency with the rest of the code. A
review pr~bably would have amended this sec~ionof the code. .
C. Proposal
1. The applicant purposes to substitute the term "net leasable
commercial and office space" for "gross floor area" in this s.ection
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% ofa building's floor area typically constitutes
net leasable spa~etherefore the quotas were redUced byl5% 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 maycrecitenon-conforming conditions
for existing businesses or structures; and c) other dimensiona~
requirements are used to limit the bulkofqolllIl1erical and office
building's.
However, . . staff is interes'ted in the Counc.fl"g comm~nts regarding
this element of the Code Amendment. . .
3. Allowances for storage and underground parking can be excluded
,"'-",
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from this Section because the definition oflfnet leasable" excludes
storaqe and underqroundparkinq.
c. Amendll1ent: Se<;::tion 5-504 is proposed to be amended as follows:
. With the Commercial Core (CC), Commercial (C-l),
and Service/commercial/Industrial (SIC/I) zone districts,
all permitted and conditional commercial business shall
be restricted to the fOllowinqmaximum qrosa floor area,
cx-cludinq nnybasement, fer 5tora~e (except commercial
otorage purpo~caer underground parking net leasable
commercial and office space. ..
..
~_:.,;.,::";1,; -.
. .
A. 3.000 sq.t't. The following and similar uses shall
be limited tothreeth6tisand (3,000) square feet in
gross floor 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 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 wa~hinqfacilitYi pharmacies; art
studio; and catering service.
6,000 sq.t't. The f6110Viing and similar uses sha1.l
be limited to six thousand (6, OOO} square feet in
qro3sfloorarca net leasable commercial and office
space: drugstore (including pharmacy) i equipment
rental, storage and rep'air ishoP craft industry;
fabrication and repalr and building materials (with
an additional threethO\laand (3,000) aquarc feet
permitted fer . storage);' sporting goods store;
variety shop; pr<;>fessional offices; and major
appliance stores.
B.
. . ", q
C.9.000sa.ft. The following and simi.lar uses shall
be limited to nine thou~and(9,OOO) square feet in
gre33 fleer area net l~~s8::ble commercial and office
space: service station and restaurant.
D. 12, 000 sa. ft. . The following andsimilar uses shall
be limited to twelve thousand (12,000) square feet
in grC:J3 floor. area net leasable commercial and
office space: vehicle sales (with an additional six
thousand (6,000) 3quarc feet permitted for outdoor
storage) i builder supp~y yard; lumber yard; dry
r""'\
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cleaning plant and laundry; manufacture and repair
of sporting goods; printing and publishing plant;
furniture store; carpet and floor covering store;
financial institutionsiand food market (with an
udditiQ~?1 three thousand (3,000) aguarc feet
permitted for storagc and accea30ry uses).
E. 20,000 sq. ft. The following and similar uses shall
be limited to twenty thousand (20,000) square feet
in gross floor .are;:t net leasable commercial and
office space: warehousing and storage.
F. Retail sales . areas . All of the square footage
limitations on use shall not res~rict the square
footage of the total retaj.l sal,esareasinthese
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 ina 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
gros::! floor area net leasable cOmmercial and office
space provided in this section.
"
D. Summary:
within the
development.
staff recommends the following changes
In summary, the proposed change insures consistency
C.ode and is the most appropriate guideline for
1) Changing the term "gross floor area" to "net leasable
commercial and office space'.f'
2) eliminating the exclusion language for storage, basement and
underground parking; and
PLANNING AND ZONING. COKMISSIONVOTES FoR 0 AGAiNST'
Key Issues: The commission agreed with staff that a reduction in
the allowable square footage was unnecess~ry. The Commission also
requested staff to.consider minimum sizesto.try and prevent the
"cubiclizationlC of retail space in the downtown. .
RECOMMENDATiON: The commission recommends to
the text amendment for. Section. 5-504.
I move to approve Ordinance 22 on second reading amending Chapter
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24 of the Kunicipal Code Section 5-504.
CITY MANAGER COMMENTS:
ATTAClDIEN'l'S:
A. Sketch
B. Bank Calculation
C. Richman Letter
D. Ordinance 22
"
ATTACHMENT A
!
! closet
1 non net-
I
i leaseable
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2nd. Floor
"commercial/retailH
net leaseable
,', ".. ..'~ . . "~ "'r '~^"
garage
non net-
leaseable
1st Floor
Jf . .
commercial{retailll
net leaseable
Gross
. Floor
~rea"
bathroom
non .net-
leaseable
. . basement
fI ....
commercial/retail"
net-leas~able
'\
'/
J Floor
yrea
\
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EXHIBIT 3
ATTACHMENT c;
. ALAN M.RICHMAN PlANNING SERVICES
1015 East HytnanAvenue Scdte 5 Aspen, COlorado 81611-4122 303-925-7634.
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. Umitations. so that I might recall the changes made to this provision
during the r~dification of the .forrrier zoning and subcfMsion regulations.
In reviewing this section of the Code, it is. my recollection thaiihe onlY' Gilarlge which was
made was toefiminate the Planning and Zoning Commission's abifitytogrant variations
from these standards. The consultant felt that granting variances was not within P&Z's .
powers, .Whjch. convenientfy, allowed us to eliminate qne of .Aspen's many review
. procedures... ... . . .
"
It is my recollection that no consideration at.alJ was given to the term -gross floor areall.
It was never brought to our attention that the term was not defined. Moreover. had we
thought about the term, we might have instead used -net leasabfe. floor areaIC,.a term
which is already used in connection with other provisions regulating. commercial uses.
I would suggest that if the termllnet leasable floor an~au were ever. to replace the term
gross floor area in this section, then the square footage limitations themselves might need
. to be re-caJculated. BaseQ on research we conducted during the Code revision prq<:ess,
. the limitations should be reduced by a factor of 0.85, to reflect net leasable Versus total
floor area ota cOl1lmerciaf building. .
J hope this information clarifies your understanding of the actions taken with respect to
this provision.
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HEMORANDUH
TO:
Mayor and Council
THRU:
THRU:
FROM:
Carol O'Dowd, City Manager . ". V
Amy Margerum, Planning Director~~
Leslie Lamont, Planner
RE:
Square Footage Lim.itation Code Amendment - Sec,tion. 5-
504, First Reading Ordinance
DA.TE:
May 28, 1991
"
SUHMARY: The applicant, pitkin County Bank, seeks to amend
Sec~ion5-504 of ~eAspen Land .UseCode 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
nistriets. The applicant proposes. to change the term to "net'
leasable commercial and offie~ space."
A text amendment is a two step review process requiring review by
the Commission and Ordinance adoption procedures at council~
Thec:ommission reviewed the amendment at their May 7 meeting and
rec.c:)~ends approval of the text amendment for Section 5-504.
COUNCIL GOALS: The proposed amen<ment is consistent with Goal
#14: to develop aconsisterit and fair government so that
citizens know what to expect..~. '
BACKGROUND: pitkin County Bank . received a 1990 commeroialGMQS
allocation for 2,240 square feet of net leasable square footage
to enlarge the existing bank building.
As you kriow, commerciaIGMQs'allcit.ments 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
a.rea. " 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 defiJ:?ed
as al~ 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 appJ.icantis 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
GMQSallocation:
Gross Building Area
Floor Area
Net Leasable Area
~istinq Increase
9,2404,190.
ProDosed
13,430
8,850
5,460
2,240
7,700
Note: The proposed floor area., is below the. all.owclble floor area
for the site in that CC zone district.
~
PROBLEHD:ISCUSSIOH:
. 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 defi.ned within the Code and is not
typically used throughout the Code as a guideline for
development..
2) "Floor area" arid "net leasable" are the terms used within the
Code to definetbe parameters ofa development.
3) . "Net leasable" commercial and office space is the term used
for qrowth imP,. act mitigation WhiC~~~J1:.~~~ limiting factor.
4) Within the ce, C-1, and SIC/I z6n"'-e~'diStrictsmaximum
allowable floor. area and other dimensional. requirements are used
.tolimit the bulk of commerclal 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 COOe to.l>ei,ise<ifor..growth impact mitigation purposes. and
floor . area is used for bulk. control. . Thus I ..thischanqe insures.
consistency . within the cQde and is the .most appropriate guideline
for development~ . .
The applicant .', offers two. other ideCisregarding the continued use
of the term "gross floor area" such as: .
"
., ,',_.,,' ',.
1) The limitationwCis designed to limit the size .
rather than abuilding's ,bulk. The community was probably
concerned. about .the deyelopmentof a . large commercial structure
.such as a K-Ma:rt. This w-ouldsupport the fact that a larqe
building can contain numerous small commerc:::dal uses.
r"\
"",-...,
2) The applicant also believes that at the time this zoning
regulation was promulgated that "gross floor. area" really
referred to "floor area.1I
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 fo.r 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 $ubstitute the term "net leasable
commercial and offi.ce space" for "gross floor area" in this
section of the Code.
"
2. The applicant . also suggests reducing the square footage
allowed in this Section. The term net leasable could result in
slightly . larger 'structures because "net leasable" is more
permlssi ve than "gross floor area.. It.. This problem arose when the
Code was amended to use "net leas'able" instead of "floorareaft as
a measurement for commercial GMQS quotas. Research shewed that
approximately 85% of a bUilding'S floor area typica1ly
constitutes net leasable space therefore the quotas were reduced
by 15% so the total floor area of the commercial building did not
drastically increase in size. but remafned consistent to past
acceptable sizes.as define<i w;t,hin the Code.
This memo does not include a '1.5% reduction in allowable square
footage ,for several reasons: a). mitigation is required on net
leasable square footage which potentially limits size; and b) a
reduction in maximum allowable may create non-conforming
conditions for existing businesses or structures.
However, staff is interested ii'lthe .council's comments regarding
this element of the Code Amendment.
3. Allowances for st,orage and. u.ndergroulld ..' parking can be
excluded from this Section because the' definition of "net
leasable" excludes. storage. and underground parking~
C . Amendment :
follows:
sectionS';'SCl4. is proposed to be a1nended as
With . the ..CoDQllercialcore (CC), Commercial (C-l),
and Service/Commercial/Industrial (SIC/I) zone
districts, 'all. permitted and conditional commercial
business shall be :r:.es.tJ;ic1::~qto the fOllowing maximum
~~-~-i~ &rea,--e~~i-ng'-e.!\Y~i>e:$emem::i-~4t~l!"a-ge
fe~t=--eeiftmeJ!ei:&r--s-~:tP-~--~ttl."~~ e!l...-o~--1:t1'tde~l!"e'tt'nd
~a-~~.i:ftg'-net l.easable c:oimi,1et;9.-!al. and. office space. -
..
A. 3.000 sq. ft. The following and similar uses
shall be limited to three :thousand (3,000). square
feet in CJre:S-si-l:ee-l:'-erea net leas~le commercial
and office space: . antique shop; art supply;
bakery; bookstore; camerashopi candy, tobacco or
cigarette shop; catalogue store; druq store;
florist shop; gift shoPi.hobbY'shoPi jewelry shoPi
key shop; liquor. store; pet shop; photography
shop; stationery store; dry. . cleaning; pick~p
. station; barber and beauty shop; small appliance.
. .store; art. gallery; decorator shop iseamstress;
laundromat; tailor; shoe ~epair shoPi ~adio 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 sa.ft. The following and similar uses shall
be limited to six thousand (6,000) square feet in
g-~:!-l:eel:'--a-l:'ea net leasable commercial and'
office spaCe:. . drugstore ... (inclUding pharmacy);.
equipment rental, . storage and repair; shop craft
industry; fabrication and repair and building
materials tw~-~aft--e~~i~ieftf1~~-~-~
t3-79~---eqtta-re---f~-~-4cr---i!t~~Tt
sporting goods store; variety shop; professional
offices; and major appliance stores.
9.000 sq. ft. The following and similar uses Shall
be limited to ninetl:+ousand (9,000) square feet in
~ . ~l:ee:i&--a-l:'ee: net. leasable COJIDIlercia1 and.
office space: service .station and restaurant.
c.
. D. ;12.00Q sa.ft. . '1'hefollowingand similar uses
shal,.l be limited to. twelve thousand (12,000)
square feet.. in g-~ :free.l:'- are.a net leasab1e
cOmmercial and office space: vehicle sales tw~
It:!'t-~al -1!Si"--thoU:!laM--f6#-ooot---s~a!!'~-~
~~i:-~~"';~-~-~e.); builder supply
yard; lumber yard; dry cleaning plant and laundry;
manufac1:ure... and repair . of sporting g'oOOs; printing
and publishing plantifurniture store; carpet and
floor covering store; financial institutions; and
food market fwi-'eh---en--a:ddi'tiet\i~:i--t:ftz.ee-~
t3-,&&&)--~-~-~~-t-ed--~~--!t~e~a~e-~M
acce330~Y U8e&~
E. 20.000' sq.ft. The following and similar uses
shall be limited to twenty thousand (20,000)
square feet in C1~ !-~l:!'- ~rca net. leasable
commercial and office space: warehousing .and
"-----,,,
)...-..."
. r'I.
t""'\
,
F.
storage.
Retail sales areas. All of the square footage
limitations on use shall not restrict the square
footage of the total rtatai1 sales areas in these
Zone Districts, or any buildings occupied by any
combination of Jilore than one' (1.) of the above
uses; provided, however, that any business
enumerated above,. of ... the same type which occur
individually or jointly. ina single structure or
combination of structures situated upon a single
tract of land under the same ownership, shall' be
considered. onta (1.).. business and together
restricted' to the maximum .~~ :!-J:.ee.l!'-~net
leasable~q'ial . and office space provided in
this section . .....
D.SUmmary: In summary staff recollllUends the following changes to
Section. 5-504:
1.) chanqing the term "gross floor area" to "net leasable
commercial and office space";
"
2). eliminating the.exclusion language for storage, basement and
underground parking ; and, .
PLAHHING ABDZONDfGCOMMISSIOH VOTE 5 POR 0 AGA:IHST
Key Issues: The Commissionagreed.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 reta~l space in the downtown.
REOOMMENDATXOH: The Commission recommends to Council approval of
the text amendment for Section ~-504. . .
PROPOSED KOTIOH: 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 .OOMMENTS:
ATTACBMEHTS: .
A.Rlchman Letter
B. Ordinance
HEKORANDUK
RE:
Aspen Planning and Zoning Commission
Leslie;Lamont,.Planning
Square Footage Limitation Code Amendment - Section 5-
504
TO:
.FROM~
DATE:
May 7, 1991
========~'~===-~~-=~========---======~-
-==========
SUMMARY: The applicant seeks to amend Section 5-504 of ~he As~en
Land Use._~.cod~... chan9ing . the language that limits the max~mum sJ.ze
of ...A'''fIn~nciai..'insti tution. . t1~r~ssfloor are,:" ist~eterm. used
to' restr~ct f.. anJ.ndJ.v~dualcommercJ.al busJ.J1,ess wJ.t,hin
e. ' -1, and S./C/I z.on. Di.strictso. The apPl.~'can.t. pr ... o~s. .. 1:0...
ange the term to "netlesable area......1I . . . - ~
.. .~~~ .. /
. A is a two step review process requiring n icing .
in the newspapers at the Commission and qrdinance adopt~on
procedures at council'.
Staff recomm~nds. approval of the text amendment for Section 5-
504. .
..
APPLICANT:
Vann.
APPLICANT'S RE. QUE. ST: A.me.n.d. sec.tto.V. ..~5... . ...{!1. han ing t1<<1ross. .fl~O. r
area" to . nnet leasable aroa. tI .. ..... ..
. .... ~V\.Q)C/?.Z (~J~. /
STAFF COMMENT'S: .' .. .. i .' .U{ ~. ... ~
ASJ;>en Bank Shares , Ltd. ,as represented by Sunny
A. BackgroWld:Pitkin cQunty 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 Se'ction 5"';504, financial institu"tionsare ii~i ted to
a maximl.lm. of 12/000 square feet of ngross floorarea.1I 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 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
Pit.kin County
language upon the applicant. is to precludethe
and Trust Company th~ability to
,", "",',-
".-..:,....:..,.i".-'".
,',', .'i'~ ':~, ' "
. - '-' -;,'., ;:." .- : ' ; ~ ,:'
- ':-".~ ,~~;
,.--.....
--....,:.
the additional square footage that they received with th~ir19~0
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 applic:::ant that the
language is problematic for the following reasons~
1) "Gross floor area" is not defined within the
typically used throughout the Code as a
development.
code and is not
guideline for
2) "Floor area" arid "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-l, 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 pf th~:~'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. .
Theapp'licant of,fers two other ideas regarding the. continued use
of the term "gross floor area" such as:
1) The limitation was designed to size of businesses
rather . than a building's bulk.' The community was probably
concerned about the deve'lopment 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 II really
referred to "floor area."
~
.'
. .
3} Discussions with Alan Richman, please see attached letter,
l1avealso revealedtl1at. when the neW requlations 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 revi~w probably would have amended. this section of the
code. ' .
B. Proposal: .
C~~~:..'\The applicant purpose~ .to substitute. th~ term l1net leasable
.--c.~ea"fOr"9'ross floor area". in this' Section of the Code.
(( i 2 .~::;:. The applicant al~o.. .suggests. reducing the square footage
. ''':.alloWed' in this Section. The term n~t leasable could result in
slig'htly larger structures because If.pet lea.sablearea II is more
permissive than. "qross floor area." This prObiem arose when the
Code was amended to use "net leasable"instead of "floor area" as
a measurement for commercial GMQS quota.s... Research showed that
approximately 85%. of. a.bu.il<:ling' s . .floor area typicall};"
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 foot~ge which potentially limits .size; and b) a
reduction in maximum allowable may affect existing bu.sinesses
perhaps creating a non-conforming condition with existing
usinessesor structures. .
~
-r
However, staff is interest.ed in the Conunission's
regarding this element of the Code Amendment.
3. Allowances for storage and underground parking can be
excluded from this Section because the definition. of tlnet
leasable" excludes storage and underground parking.
..
comments
c. . Amendment:
follows:
Section 5-504 is. proposed to be amended as
With the Co~ercia:1Core . (CC) , Conunercial (C-l),
and Service/commercial/lndustri~l (SIC/I). zone
districts, all permitted and conditional commercial
business shall be restricted to. the. following maximum
~l"'e'!!'s---t~e~- ~,--e:~e:r~i-~-aflY-~-;- -f'M'--s-t;e.'t"a<1e
te~~1:---eelftmel"e i-a-l:- - -s--ee-l"'~e ,,;,-pttl"'~es-e8' -~l'-- -l:t~e~l"'e'l:trtel
~a-~kJ::.~ .
A.
. ..
.-.' '-.'
.3. OOOsq~ft. ... Thefollowi.ng . ahd similar uses
Shall. b..e.. lim.'it(:See th..o.usand.. .(3,000..). s.qu. are
feet in ~~. ._~U~h~
"
i~.
, ..-..-.
r--..
supply; bakery; bookstoFe; ca~era shop; candy,
tobacco or cigarette shop; catalogue store ; drug
store; florist shop; gift shop; hobby shop;
jewelry shop; key shop; ,liquor store; pet shop;
pho.tography shop; statione:::y storeidry 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. The following and similar uses shall
be .~.. to six thousand (6,OOO)sguare feet in
~~ . rQa :..drugstor,e (including pharmacy) ; .
equipmenrental., storage and repair; shop craft
industry; fabrication and repair and building
. ma ter ials fw.i~h---an--eddi~-ie't\e.-3.---t.hree--~
f~;-eef>1--~a-~e - --f-eet---perom-i:-t.-t-ed---~--8'~r~)-t
sporting goods storei' variety shoPi,professional
officesi and major appliance stores.
9.000sq.ft. The following andsimilar uses shall
be~~,...' to.nine thousand (~,OOO) squ.',arefeet in
~~~~rea: service st~tion and restaurapt.
12.000 sq. ft.. The following and similar. uses
shall be limited. t~. twe e' thousand (1.2,000)
square feet in ~~et~ .--ea.: vehicle s.ales
fw.i'eh--a-n--a:dO::H::i:el'rqr - ~ - 8"qnel--(-6-;~'--sq1:ta-l"e
~ee~--~~mi~~ed--~~-~-~~~a~e); builder
supply yard; lumber yard; ~ry cleaning plant and
laundry; manufactur~ and repair of sporting goods;
printing and publishing plant; furniture store;
carpet and floor covering storei financial~,
institutions; . and food market ... t~vi-i;-h-en-'8.el.d.i~::ie1'l:e..f
t:-hl"ee -~hetl.5e.i'\6- -(-3-,~- -5qtta-l"e - of ee-t.--perm-i:-t:-t:-ed-~:i-e~
e~~~e-a~-aeee~~~y-tt~~)-7
c.
D.
E.
and similar uses
thousand (20,000)
warehousing and.
20.000 sq. ft.
shall be limite
square feet in ~
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 a.ny. buildings occupied by any
combination of. more 'than .. one. (1) of the above
uses; provided' however r that any business
4
,....", '
,~
.'
..
enumerated above, of. the same type which occur
individually or jointly in a single structure or
combination of structures situated upon a ~ingle
tract of lanci under the same ownership, shall be
considered one. (l) . business . and together
restr feted to the 'maximum g-~e floor' area
provided in this .section.
Amended language is propQsed to.. read as
. with the Commercial Core. (CC) , Commercial (C-l) ,and
servfce/commercia"l/Industrial (SIC/I) zone districts, all
.permitted and conditionalcomm~rcial business shall be restricted
to the fOlloWingmaximum. net leasable 10. or. arca~ ff) f) ..' _' '", ...:
.... . .. " o~~ <srO~6~
A.' 3.000 sq.ft; . The owing an~"similar uses .
shall be limited to e. ousand (3,000) square
feet in. net "leasa.b~ area: ~ntique shop;
art supply; bakery j bookst'01: e; camera shop; candy i
tobacco or cigarette shop; catalogue . store; drug
store; florist shop; 'gift shop; hobby shop;
jewelry shop;. key shop; liquor store; pet shoPi
photography shop; stationery store; dry cleaning;
pickup station; barber and beauty shop; small
,appliance store; art gallery; decorator shop;
seamstress'; laundromatjtailor; shoe repair shop;
'rad~o and TV broadcasting stationsj.rental, repair
and wholesaling, provided they are . accesso"ry uses;.
electrical and plumbing service shopsjautomobile
washing facility; pharmacies"; art studio; and
catering service.
B. 6.000sq.ft. following and similar uses shall
be limited t $ix ousand (6,OOO) square feet in
net leasable 'f oorrea: drugstore (including
pharmacy) i equl.p n rental, storage and repair;
shop craft . industry; fabrication and repair and
building materials; sporting goods store; variety
shop; professional officesiand i major appliance
stor~~. ." .
9,000 sq.ft. The following
be limited .to.~. ne. ousand
net leasable 'fl rea:
restaurant. .
D. 12,000 sq.ft". The fol1 vlin and similar uses
shall be limited to tw usand (12,000)
square feet in net leasable rea: vehicle
salesibuilder supply yard; er yard; dry
c~eaning plant and laundry; manufacture and repal.r
of sporting goods; printing and publishing plant;
,..
v.
and similar uses shall
(9,000) square feet in
service station and
...--.......,
furniture.. store; carpet and floor covering store;'
finCl,ncial. inst"itutionsi and food market.
E. 20.000 sq.ft. _ The following and(s' 'lar uses
shall be limited to twenty thou nd 20,000)
square feet. .in ne.t' leasable loor area~
warehousing and storage.
F. Retail sales areas. Atl of the square footage
limitations on use ~hall not re$tiict 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 busil1ess
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 ':t..b,er
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,.-tras-ement and
underground parking i'and
"
RECOMMENDATION: Staff recommends that the Commission recommend
to Council approval of the text am~ndment for Section 5-504.
t:~.
~
~_..~
.:.~~;\
.<?~Cc~
6 >~ . cS
~
... /\
PUBL'IC NOTICE
RE: PROPOSED TEXT AHENDHEN"1' TOSEC'l"ION 5-503 OF THE ASPEN
LAND USE RnGULATIONS
NOTICE IS HEREBY GIVEN that a public hearing will beheld on
Tuesday, ~ay 7, 1991 at a meeting to begin at 4:30 pm before,the
As:pen 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 UseRequlations~The proposed
text amendment would replace1;he term "gross floor area" with the
term "net leasable area".
,,-.- -.
For further information, contact the Aspen/Pitkin Planning
Office, 130S. Galena st., Aspen,. CO 920-5090. .
sIC.. Welton Anderson. Chairman
Planning and Zoning cOJIDIlission
====================--=---====;--~====--============
Published in The Aspen Times on April 16, 1991.
city of Aspen Account.
,.
~
r-., .
r-,.
r '\
HEKORAHDUH
TO:
City Attorney
Leslie Lamont, Planning Office
Text. Amendment, Section 5-51.0,Use,Square Footage
FROM:
RE: .
DATE:
March 26, 1991
===========================~==~==~===========~============~====
Attached for your. review and comments is,an application from
Aspen Bank Shares, Ltd. (Pitkin County Sank & Trust) requesting a
text amendment.
Please return your comments to me no later than April 15, 1991.
Thank you.
"
ASPEN/P:I~'K.'J.N PLAJUfING 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,
"
Thee Planning Office has completed its preliminary review of the
captioned application. We have deterrilined that. this application
is compl~te. 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 4:30pm. 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.
rf you have any questions, please call Leslie Lamont, the planner
assigned to your case.
Sincerely,
Debbie
Office
,.,......,
~. .
r '\
VANN ASSOCIATES. INC.
=:a'-':-C:'ig Co,~,Suitants '
March 14, 1991
RANI). 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 'Footaqe
Limi tations of the Aspen Land Use Regulations (see Pre-
Application Conference Sununary attached hereto as Exhibit 1) .
The application is submitted pursuant to section 7-1103 of
the Regulations by Aspeneank 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).
Bac::kqround
On December 17, 19QO, the city council awarded the Applicant
aconunercial 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 Requlations, 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.
230 East Hoo'<lns Avenue' Aspen. Co:orado 81611 . 303/925-6958..
~
Ms. Kim Johnson
March 14, 1991
Page 2
While the staff's interpretation isarquably 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 (Le.,
the "gross floor area If) . 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 .If floor
area", however, will be significantly less than the maximum
allowed.
Increase
Gross Building Area2
Floor Area!
9,240
13,430
4,190
4,700
8,850
4,150
Net Leasable
7,700
2,240
,.
1
All numbers rounded to nearest ten (10) square feet.
The sum of the gross horizontal areas of each story of
the building.
2
3
The building's basement has been excluded as it is
located one hundred (100) percent below grade.
<,'.
ExclUdes areas dedicated to bathrooms, stairways,
corridors, mechanical areas and storage areas.
As you Jalow, the Applicant requested a formal interpretation
of .. therelevani: provisions of. the . ~egulations 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.
4
wn:i.le I believe that the use square footage limitations of
Section 5-.503 predate the current staff's 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 tban.. 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 co.mmercial structure (e.g., a K-Martor 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 .'. exc::eeding the various use
square footage limitations. In other words, a large building
could cOl'ltain '. m1.lltiple small commercial use,s.
Unfortunately, little!f 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 flo()r a l':e a.. al1dn()t gross buildinq
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 trseRegulations
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 bulkcontrol. If in fact the intent of the l.1selimita-
tions was to control the relativ~ ,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 ll1oI:'eappropriately 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.Richntan, he indicated that the use limita-
tions of the' old code . 'Wer~simply transferred to the new
regulations. Little, if any, discussion as to their contin-
ued applicability. apparently occurred during the adoption
process. Alan also indica tedtl1at the terminology . ( i. e. ,
"gross floor area") of the limitations was not reviewed for
consistency with the language and definitions contained in
the new re~ulations. In hindsight, I believe he would agree
that this issue shOUld have been addressed in connection with
the adoption of the new Requlations. A letter from Alan
addressing this issue is attached as Exhibit 3.
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1
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 (SIC/I) Zone Distriots,
all permitted an.d conditional oOll1mercial business shall
be restricted to the following maximum netl.asGl.
area" . .
"
As the definition of net leasable area excludes storage areas
used exclusively by the tenants of the building, I believe
that the l~mquage . in seotion 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 buildinqsas 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
App1icallt'sproposed amendment, the same approach could be
utilized to reduce the size of the various existing use
square footagelimi tations. 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 unohanged. For example, the existing
twelve . thousand (12, 000) square . foot gross floor area
limitation on the size of financial institutions would b.ecome
a ten thousand two hundred (10,200) square foot limitation on
net leasable area.
..- .
As the Applicant ability to proceeo.with the constru.ctionof
the proposed bank . addi tion .is dependent. on obtaining the
proposed requlatoryamendment, any assistance you may be able
,..---,.
.,.--..,.
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Ms. Kim Johnson
. March 14, 1991
Page 5
to provide in the timely scheduling of our application would
be sincerely appreciated. Should you haye any questions, or
require additional information, please do not hesitate to
call. .
Very truly yours,
VANN ASSOCIATES, INC.
SV:cwv
Attachments
"
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~, A, 07
1""""\ ", CITY OF ASPEN ~ .' EXH IBIT l' .
rooKE-APPLiCATION" CONFERENCE SUMMARY
PROJECT:. ~~AI.Ofr- ~ -to ~~~. ~
<". .' . . . .'. ?tc6. brc... j
APPLICANT'S REPRESENTATIVE. /UM "";0 .
REPRESENTATIVE'S PHONE: .' 6.(~r,~6
OWNER'S NAME:
1.
Type of Application:
~S&Y
Describe action/type.. of develo~ment.. ~ing requested:
__ ~ ~.~.1t ff'p ~tAf ..
{~~ich Applicant ha" been reque"ted to re,;pond,
types of reports requested:. .
2.
Policy.Area/
. Referral Agent
~g1"
2~
Conuuents
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5.
Review is: (P&Z
Public Hearing:
Only) . (CCOnly)
~1t-. (NO)
of the application to be 5
4.
6.
Number of copies
7.
8. Anticipated date of submission:
9. COMMENTS/UNIQUE CONCERNS:
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EXHfBIT2..
VANN ASSOCIATES, INC.
P!annlng CO!1suJrants
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.
~,~
Charles B. Israel, President
Pitkin County Bank & Trust Company
(303) 925-6700
SV:cwv
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RESOLUTIOliJNO. 51
(Series of 1990) .
RESOLUTION OF THE CITY. COUNCIL OFTH:ECITy'OFASPEN ACCEPTING A
CASH-IN-LIEU PAYMENT FOR EMPLOYEE HOUSING MITIGATION FOR THE 1990
GMP APPLICATIONFOllTHEPITK:IN COUNTY BANK .ADDITION AT 534E. '
HYMAN (LOT 4 v PITKIN CENTERSUBDIVtSION)
WHEREAS, pursuant to Section a-106 of the Aspen Land Use
Code, September 15 of each year is establ ishedas 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 IICommission") on
I
November 6/ 1990 to consider the growth management quota system
competition for commercial development, at which time ttle
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
CITY OF ASPEN, COLORADO that in accordance with Section S-109(J}
(I
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
'-"-' ""."
adQition, 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 ~SOLVED 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.
{.
Dated:
, 1990.
,.
William L. stirling, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do
certify that the foregoing isa true c;nd accurate copy of that
resolution adopted by the City Council of the City of Aspen,
Colorado at a meeting held
, 1990.
ce
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RESOLUTION NO . '5
(Series of 199~
RESOLUTIOt-J OF THE CITY COUNCIL OF TI:IE CITY OF ASPEN ,COLORADO,
APPROVING HOUSING HITIGATION m THE FORM OF DE:EDRESTRICTtONS FOR
NEW HOUSING AND A CASij-m-LIEU PAYMENT FOR TE::e. 199O
GHP APPLICATIONFbRTBEPIT1a'NCOUNTYBANKADnIT:IONAT 534 E.
HYMAN (LOT 4 ,PITKIN CENTER SUBDIVISION)
WHEREAS, on December 17, 1990, the City Council of the City
of Aspen awarded cor.unercial/office development allotments for
1990 pursuant to Resolution No. 58 (SeriEas 1990) under the growth
management quota system as set forth in Article 8 of Chapter 24.
of the Municipal
WHEREAS, the development project known as Pitkin County Bank
Addition was awarded 1990 commercial/office development
allotmentsiand
.
WHEREAS, the City Council. initially rejected cash-in-lieu as
the affordable housing mi tiqation 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
WlmREAS I the developm"ent 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
the Messiah Lutheran Church, 1235 Mountain View Drive (Parcel
"All,
.
WHEREAS, the Pitkin County
'~
.
"
.
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)employee.s; and
WHEREAS, the Pitkin County Bank will mitigate for the
remaining 1. 7 employees by a cash-in-lieu payment of $59,500.00 I
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 housingmi tigation proposal to be fair and equitable and
consistent with the mitigation requirements contained in section
8-109 of Chapter 24 of the l.~unicipal Code.
NOW, THEREFORE, BE IT RESOLv;EDBY 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. h.ereby 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 thel-1essiahtutheran
'"
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with cash-in-lieu payment for the remainder of the employees at
the low-income category amount, with the follc:>wing 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 p~yment 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 madt3 to the City of Aspen at the Finance
Director I s Office prior to the issuance of any building permits
for the Bankaddi.tion. .Receipt of payment shall be forwarded to
the Housing Authority and the Planning Office.
4) The Church, as owner of the. uni t, shall execute a deed
restriction in a form satisfactory to the City Attorney and the
Aspen/Pitkin County Housing Authori~y.
Proof o~ 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:
~I,I
~~~
William L. Stirling, May~
I, Kathryn S. Koch, duly appointed and acting City Clerk do
certify that the foregoing ~s a true and accurate copy of that
resolution adopted by the City Council of the City of Aspen,
Colorado at a meeting held
4~
1991.
..
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K~ y/~
n Koch, city Clerk
L
B~HlbIT 3> -..
CASELOAD SUMMARY SHEET
city of Aspen
DATE RECEIVED:
DATE COMPLETE:
PARCEL ID AND CASE
Z-73/-1'g']..- / ~ - tJ oc.f
STAFF MEMBER: KJ
PROJECT NAME:Pitkin CountvBank GMOS Exemption
Project Address: 534 E. Hyman. Aspen, CO 81611
Legal Address: ..
7f20{92
'7 .J-tJ q~
,
NO.
A65-92
APPLICANT: Charles. Israel. Pres. Pitkin Cntv Bank
Applicant Address: 534 E. Hvman,.Aspen,CO 81611 925-6700
REPRESENTi!.TIVE: . Sunny Vann. Vann& Associates
Representative Address/Phone: 2::rdE.F!opkin~A'V~
. Aspen, COS1611 '.925:"';6958
FEES: PLANNING
ENG'INEER
HOUSING
ENV. HEALTH
TOTAL
912
# APPSRECEIVED 2
# PLATS RECEIVED 2
--------------------------------------------------------------
--------------------------------------------------------------
, ,,- ,-.- ,- , -, '. .
PAID: (X,ES)
TYPE OF APPLICATION: 1 STEP: X
P&Z Meeting Date1/F'/Q ^ PUBLIC HEARING:
--
CC Meeting Date
PUBLIC HEARING:
YES G
YES NO
YES NO
VESTED RIGHTS:
Planning Director Approval:
Insubstantial Amendment or E}(~mption:
~.. . , . .
. ' . ',' ,- ,- -
---------------------------------------------------------------
------------------------------------,---------------------------
, " _,' ' - _" ',' c.
REFERRALS:
City Attorney MtnBel1
City Engineer Parks Dept.
Housing Dir. Holy Cross
Aspen Water Fire Marshall
city Electric Bldg Inspector ./
Envir. HI th. Roaring Fork
Aspert Con. S.D. Energy Center
. ~~~:~~:::~:~~=~~j::i~=====~==~==;;~;::;;~~=~=~~===~==~~E:::~:l1 'I '
FINAL .ROUTING: ~ ... DATE ROUTED :J I JIG[ /9 ?... INITIAL :P?
School District
Rocky Mtn NatGas
State HwyDept(GW)
State HwyDept(GJ)
Other ~
Clean ir Boar
~city Atty
_ Housing'
___ city Engineer
other:
'f~J,tl~}; /
FILE STATUSAND~()CA1'I()N:
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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.1.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 Growtl1 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
condi tions by a 7 -0 vote at. its regular meeting on September 8,
1992.
NOW, THEREFORE BElT RESOLVED by the Commission: that the
Pitkin County Bank Growth ManageItJ~nt 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 GMPapproval
(excluding this 240 s.f. GMQS Exemption)j 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 mat'erial. representations made by the applicant in the
application and during public ~eetings with the Planning and
Zoning Commission shall be a.dhered to and considered
condi tions of approval, unless". otherwise amended by other
conditions.
APPROVED by the Commission at its
1992.
Clerk
P)U&:ZlommiSSion:
Jasmine Tygre/ Chair
1Srw. ce f(6e~
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Cll'{I'G'vL.. .
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TO:
Planning and zoning commission
FROM:
Kim Johnson,
RE:
pitkin county Bank GMQS Exemption for Commercial
Expansion Less than 500 s.f.
DATE:
September 8, 1992
===================================..======..=..=====================
- - '" - . ,_, - -,C,-'.
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SUMMARY: The ~p.I'ap.riTngOffice 'recoJ.'iuUends.approval~.wftl:r.C"ondi tio'n.$l
for :Gj1.QS Exempt:i6'n for commercial' expansion of 240s ~'(. at Pitkin
County Bank. The expansion results from..the redesign of the ground
floor and mezzanine. .,.
APPLICANT:
S~nny Vann
LOCATION: b5.34 E. Hyinap (Lot 4, pitkin Center Subdivision)
pTfkin
represented by
"
ZONING:,,;S:C~'~:(commercial Core)
APPLICANT' S . REQUEST: The Applicant seeks GMQS Exemption for
expansion of commercial Il~t....J.:~(;\s.>~?:L~.q9-~ea of a total.. of 240 s..f.
The!hew;"fie-t'''le:asal:51Etar~:is . proposed bYextemdirig. the':ii~9ond leV'e:t
~ . .. -.'. .' ,- ' ,,'-;' .., ' ,,' .. . '-,' " - ' - -' .. , - - , - -" ,', . '. ", -. ~~- ~
mezz,aninE:!,., .tl1roughout t:t'1e full width of 'tJ;le'ban.k ~uilding and'by
.gns::Jo.sing. an open area"Ori--tne"gr6und"'fTbor:. In order to comply
with.elt}ployee.housing mitiga~~oI1requirem~I1t:::;,tor, this expansion,
the ~ppl,icant proposes. .to. ~~e . deedf res.tricted housing currently
peJl}g,cQnstructed at the Messiah' Ltrth-erari Chur'ctf: See floor plans,
Attachment "A". .
STAFF COMMENTS: The pitkin County ~ank . ~C'eived'a Growth
?1~j'i~_g~menta~lotment for2'~'240 s!f':"b~- netieas'abT~ commercial area
ln 199Q. ThlS square footage was to lnvolve 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, approva'l from city Council to supply housing
for 3 employees by constructing a three bedroom .deed r~:::;tric:ted
housing unit at Messiah LutheranChurchandby paying cash-in-lieu
for the remaining 1.7 persons. ..
. '-,' ""-', ,. ";',_>,:::r::i':." ,;,',:."":',/'::.:,,:/. :\'::;:-,' _:-::' ':'-, ,,<. ,:,,: _ -'_ '.
. ~.c9ording tothe>app lica tion, thel}.a~f:"ha~-'pb-stpc>hed"'bbnstruct.i:0:n
~,. ' . - .- - . , ' ~.\.-..-,.,,'.
of the entire 1990.allotmerit: The Bank is pursuing the current
proposal as an interim expansion proj ect to i ove customer
service~The"Current'exparfsi6ri"'plan calls 'for 70 f. of new:"
~area,. ofwhich:r'3(r'.~"s.f.rec~iyedap.,oca.tJOI:ri,n .}9 ............... herefore,"
-ttie'''remaining 3';2'40 s.f. mustpe approved. by this GMQ Exemption
applicatioR. { .
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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.
",",""".i.Emp:l-oyee".Generat.ion: The Land Use Code states that employee
generation is based on square footage of net leasable.. ....The
employee generation 8s.~.~d on the 240 s. f. expansiori"'.'"1s':,~,:O:;:~5:7
ernproyee'. The following formula was used to calculate the 0 .5
'f'igure: . 0.24 (% Qf 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 no!;,
being built at this time and the"'Cdhstruction of the three bedroom
"'unit has begun, the. Bank is proposing, to accomp.ll;':;h the 0="5":
-~_...._.._'" "" -' ,.~.~_. . .~"......~ . ". . 't" , .. . .,.-.- . :'. r",. '.,Ul;
E?mployee hous1.ng requ1.rement V1.a the un1.t.at the Church." In return
for "using" part. of this housing. for the GMQS exemption at .this
time, -the B.a.,p~."Vill'increase~.t:? cash-in__Iieu "~payineri~~' bYO.5~
employee (1.7 + .5= 2.2 employeesl when construction begins.under
-~fhe 1990 allocation. Housing Office Director Tom Baker and
Planning staff have no objections to this housing proposal.
~P:arkinq: Based on CC zone parking requirements of 2 spaces per.
1,000 s.f. of net leasable, parking generatearby~'the increaseg.
square footage is 0.48 space,: Section 5-301 E. states that parking
requiremEmts of "'ress:.,j::hari...1Z2,. of .a parkingj:;paceare.disregarq~d,~~..
Visual and Public Facilities Impacts: There will be--'trtf"ne'gat~
'y.Js'ihleimpact resulting . from 'this 24 Os. f. . interrial--'~;{Pa'n';;'i8n~
No added impacts are anticipated on public facilities as a resul~
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
(I current proposal_~eets zone distric~~equirements. The applicat~on
. does state that W1.th' the future add1.t1.on of the 1990 GMP allocat1.on
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 fQrconstruction
of commercial square footage allotted by the 1990 GMP approval
(exclblding this 240 s.f. GMQS Exemption), thE:! Ba,nk 1
,...."
A. pay cash-in-lieu for 2.2 employees; and
a. 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
condi tions of approval, unless otherwise amended by other
conditions.
RECOMMENDED MOTION: III 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- meIllo dated September 8, 1992.1.1 .
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Attachments: IIAn -Proposed
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VANN ASSOCIATES
Planning Consultants
July 17, 1992
HAND DELIVERED
Ms. Kim Johnson
AspenlPitkin 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
~pplicant 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 toadd 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.
2.
1.
.. .
,- ., - ','
" " ,'-'
230 East Hopkins Avenue' Aspen. Colorado 816f1 . 3C13/925-6958 . Fax 303/920-9310
Ms. Kim Johnson
July 17, 1992
Page 2
3. Existing Floor Area (Sq. Ft.) 4,700
Basement2 None
Ground Floor 3,910
Mezzanine 790
4. Existing Net Leasable Area (Sq. Ft.)3 5,460
Basement 2,220
Ground Floor 2,830
Mezzanine 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 rJA:-
, 7. Proposed Net Leasable Area (Sq. Ft.) 7,700
Basement 2,220
'. Ground Floor 2,830
Mezzanine 740
Second Floor 1,910 tJA
All numbers have been rounded to the nearest ten (10) square feet.
2
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 GMQS exemption for the construction of a deed
restricted dwelling unit at the Messiab 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.
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.
Proposed Development
..
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 amountof net leasable area would remain toacconunodate the Bank's
future expansion. Please note that two (2) of the areas to be enclosed inconnection
with the remodel were not included in th~original GMQS application. These two
areas total approximately two hundred arid 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
... 1
@ 1.5:1 (Sq. Ft.)
9,030
2. Revised Floor Area .(Sq.Ft.)
Basement
Ground Floor
Mezzanine -
Second. Floor
3.
~.,-:;.
,,~
Ms. Kim Johnson
July 17, 1992
Page 4
1
All numbers have beenrounded to thenearest 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 floorarea. The revision willoccurprior to the issuance of a
building permit for the expansion. .
Review Requirements
Pursuant to Section8-104.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 Jeet 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 additionaJemployees 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/l,OOO Sq. FL =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 hasbeend~ed 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/l,Ooo Sq. Ft. = 1'.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 = 22 Employees
2.2 Employees x $35,000.00IEmployee = $77,000.00
2. A minimal amount or 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
024 x 2.0 Spaces/l,OOO Sq. Ft. = 0.48 Spaces
Pursuant to Section 5-301.E. of the Regulations, fractional parking require-
mentsare disregarded if they are less than one-half (112) 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 ontbe City's public facilities by the
expansion.
As discussed in the Applicant'S 1990 GMQSapplication, 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,
SV:cwv
Attachments
..
cc:
Charles Israel
Augie Reno
-(_.. .~:--:!:-7j . ._c.
PLANN~ . ~ ZONING COMMISSION
EXHIB__/~, AP?ROVED
9 BY RESOLUTION
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j I PRE-APPLlCAW~ ~b~~CE SqMMARY
PROJEU P ,It, ~ Co I{ n:#J flrJl j-!. &11 &.s ~xe"fh DYI
APPLICANT' S REPRESENTATI.:re: ~(i V M\h /
REPRESENTATIVE'S PHONE: .s-.... L-
OWNER'S NAME: r(+(Q6~(L
f1
. EXHISrf'1
stJMMA,RY
~. Type of APplication: IH - ;J!.z:-
2. "; Describe action/type 'of development being requested:
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3. Areas is which APplicant has' been requested to respond,
types of reports requested:
Policy Area/
Referral Aaent
comments
"
6.
Review is: u;;:;- only) .~ (CC only) (P&Z then to ee)
public Hearing: (YES) @
Number of copies of the application to be submitted:
What fee was applicant requi>sti>dto submit: If 4j~ t;;::.
4.
5.
2-
7.
8. Anticipa.ted datebf submission:
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August 21,
1990
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DELIVERY
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Bill Poss,'. Chairman
Historic' Preservation.committee
605 E.,Main street
Aspen, : CO .81611 "
,/': l.r I <;;y ~:";~ ~' "i . :
;:,~ R,E: .:':Pitkin County Bank Addition
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. Dear : Mr,. ) P,oss, ',;'
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~I, am'.the: President of ,pitkin, County Bankt& .Trust Co... (the
"Bank~l) .:"The Bank is the tenant of the ~mt.j,xe 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 .:,1 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. . ., :.'
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"
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Very truly yours l' :' ;:..
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Charles B. Israel,' President
.;
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534E.HYMANAvE. -POST OFFICE BOX 3677 · ASPEN, COLOHADO 81612 · PHONI~ 301/925-6700
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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 aut:.hc::n:'izat.ion 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.
~/;~=
Charles B. Israel, President
pitkin County Bank & Trust Company
(303) 925-6700
SV:cWV
". .....-.'.-
230 East Hopkins ,A.venue . Asp'en, >CoIOrad<l81611.30ji925-69S8
EXHIBIT 4
ATTACHMENT B
RESOLUTION NO. 5"8
(Series of 1990)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
GRANTING COMMERCIAL/OFFICE DEVELOP!1ENT ALLOTMENTS FOR 1990 UNDER
THE GROWTH MANAGEMENT QUOTA SYSTEM.
WHEREAS, Article 8 of Chapter 24 of the Municipal Code sets
forth a growth management quot~ system governing new development
within the City of Aspen; and
WHEREAS, pursuant to section S-103(A) (3) (a) of Chapter 24 of
the Municipal Code, eight thousand (S,OOO) 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
:\
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WHEREAS, development applications were received and reviewed
by the Planning Director for 1990 development allotments in the
commercial zone districts and forwarded to the Planning and
,.
Zoning commission; and
wnEREAS, the Planning and Zoning commission did evaluate and
score the development allotment applications at a duly noticed
public hearing on November 6, 1990, as required by Section 8-
106(0) 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), ranke~ 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, exhaustinq the
available 1990 commercial development allotment of 8,000 square
feet; and
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WHEREAS, no challenges to the.Planning and Zoning commis-
sion's scoring and/or rankings have been submitted to the city
council as allowed under section S-106(I) of Chapter 24 of the
Municipal Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
"
Section 1
In accordance with Section S-106(J) of Chapter 24 of the
Mun~cipal Code, the city council Of the city of Aspen does hereby
.
. grant to the pitkin county Bank project a development allotment
of 2,240 square feet of net leasable space from the 1990 'commer-
..-.J"..'
. .
cial growth management quota.
,,-,
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section 2
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 anniversa.ry 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.
......_\
"'4Z.~u--<-.~ /I
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~~
william L.. sti(rling, Mayor
Dated:
"
...../
v"
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 AJ!L~ I/} 1990.
;.Eld1~) ,/ liu-
Kathryn rf. Koch, city Clerk
3
~
~,
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 aof Chapter 24
of the Municipal Code; and
WHEREAS, the development projectkriown as pitkin County Bank
Addition was awarded 1990 dommercial/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 direct.ion as to the preferred
methods of mitigation as authorized under section a-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) ,. th~ee-bedroom unit of
",,",;- .
approximately 1,400 square feet. to b.e owned by and' constructed at'
the Messiah Lutheran Church, 1235 Mountain View Drive (Parcel
" . ','
"A", Block II ,west MeadOWS .Subdi.vis'ion); 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
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 alla.ppropriate
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 em~loyees to $42,000.00 or $35,OOO.OOt:>er eTT':;,lr:T,=-=, ..,.t ths l"oTJl
"
income category; and
WHEREAS, the city Council has determined the Pitkin County
Bank I s housing mitigation proposal to be fair and equitable and
consistent with the mitigatibtf 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,
~
the remainder of the employees
with cash-in-lieu payment
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 C01IlIIlissionfor 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) paY'1nent 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 paY'1nent shall be forwarded to
the Housing Authority and. the Planning Office.
4) The Church, as owner of the tini t, shall execute a deed
restriction in a form satisfactory to the city Attorney and the
,
Aspen/Pi tkin County Housing Authority.
Proof of =::':'.:;==......~:..JH vi
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:
r~~
william L. stirling, May
I, Kathryn s. Koch, duly appointed and acting City Clerk do
~../f
/
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 .G!h~~:;-. ,1991.
~
~v'~
Kathryn .- Koch, City Clerk
..
"""
n
ASPEN/PITKIN PLANNING OFFICE
~30 S. Galena street
Aspen, colorado 8~6~~
(303) 920-5090 FAX# (303) 920-5~97
July 21, 1992
Sunny Vann
Vann & Associates
230 E. Hopkins
Aspen, CO 8~611
Re: pitkin County Bank GMQS Exemption
Case A65-92
Dear sunny,
The planning Office has 'completed its preliminary review of the
captioned application. We have determined that this application
is complete.
We have scheduled this application forreview by the Aspen planning
and Zoning commission on Tuesday, september 8, 1992 at a meeting
to begin at 4:30 p.m. Should this date be inconvenient for you
please contactme within 3 working days of the date of this letter.
After that the agenda date will be considered final and changes to
the schedule or tabling of the application will only be allowed for
unavoidable technical problems. 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 Kim Johnson, the planner
assigned to your case.
..
Sincerely,
S~
Administrative Assistant
Corms:apz.no.ph
r"'\
() f}Ktfl f?/r+-
RESOLUTION NO.' 6
(Series of 1991)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APl,'ROVING.HOUSING MITIGATION IN THE FORM,OF.[)EED RESTRICTIONS. FOR
NEW HOUSING AND .ACASH~I~-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 commercia:)./office development
allotments; and
WHEREAS, the city council initially rejected cash-in-lieu as
the affordable housing mi tigation 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
~
...r.
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-li.eu 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 tour (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 I 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, BElT 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
".I
~
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 categ6ry). 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
Di~ector' sOffice 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 forwarde:d to the Housing Authority and. the Planning Office
prior to issuance of any building permits for the housing unit
and Bank addition.
Dated:
~//
/
, . 199J.
~.
William
I, Kathryn S. Koch, duly appointed and acting City Clerk do
certify that the foregoing is a true and accurate copy of that
resol ution adopted by the
~...i.t.y.- c.ounc. il. . Of.. the City
. ~~
..
of Aspen,
Colorado at a meeting held
, 199)1.
3
JUN-20-2~~~J15! g;.}~ PM ~.
~
FAX NO.
P. 01
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(ttrrtifinttr of (@rrupuuty
ASPEN~PITKIN .
REGIONAL BUILDING DEPARTMENT
This Certificate issued PUi'SIJCU1I 10 the J'l!qllir('m~l1ls of See/ioll 307
of lite 1988 b,'dition ofihe UfJlJorm BIi!/dillg Code. It c,:rrifies that at the dale of
issuance, the SltUcture as described below was i/l compliallC:e wirh the various resolur ions
and ordinances regulating building COIIslruelloll ami use ill (his jurisdici iOIl.
l!~c.: C:lussitil.:lltiOn_~~~~~0.~1:_.. . .-.... .._._._1\\(lg PI.:rlllil.. ~.:-90
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Note: In ail occupancies, except R3. this c.ertilicnte must be pQstcd in ;1 conspku()us lllnce
near the main exit on the premises for whkh it is issued. Any alteration or use of these
deScribed premises or portiOn thereof Wilhoull,hc WriUL\fl approval of the. J3ullding 0f11ciul shall
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