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HomeMy WebLinkAboutagenda.apz.19920602A G E N D A ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING June 2, 1992, Tuesday 4:30 P.M. 2nd Floor Meeting Room City Hall I. COMMENTS Commissioners Planning Staff Public II. MINUTES III. PUBLIC HEARINGS A. Aspen Savings & Loan Conditional Use, Kim Johnson IV. OLD BUSINESS A. Text Amendment for Parking Requirement in the office Zone District, Leslie Lamont V. ADJOURN MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Cindy Christensen, Planning Office RE: Upcoming Meetings DATE: May 28, 1992 This is a list of your scheduled upcoming meetings. Regular Meeting, June 16th Q Regular Meeting, July 7th Regular Meeting, July 21st Regular Meeting, August 4th Regular Meeting, August 18th a.nex MEMORANDUM TO: Planning and'Zoning Commission FROM: Kim Johnson, Planning Office RE: Aspen Savings and Loan Building Conditional Use for Business and Professional Offices in the NC (Neighborhood Commercial) Zone District DATE: June 2, 1992 SUMMARY: Staff recommends approval of Conditional Use for business and professional offices within the Aspen Savings and Loan Building with conditions. APPLICANT: International Specialty Group, Inc., represented by Sunny Vann LOCATION/IMPROVEMENTS: The 18,450 s.f. parcel is at 225 N. Mill Street (Lots D-I, Block 78. Townsite of Aspen). A two story building of approximately 9,210 s.f. net leasable area is on site with an FAR of 7,660 s.f. (the basement level constitutes net leasable but not FAR). On -site parking consists of 17 spaces. ZONING: NC (Neighborhood Commercial) with an SPA (Specially Planned Area) overlay APPLICANT'S REQUEST: The applicant is requesting from the P&Z conditional use approval for business and professional offices in the existing structure commonly known as the Aspen Savings and Loan Building. The building had historically been used by the former bank. The applicant also has requested Condominiumization and Vested Rights which will be heard by City Council. Staff has also determined that an Insubstantial SPA Amendment must be processed as a Planning Directcz-'s approval for the addition of an elevator in the building's entry area. Please see application information, Exhibit "A". PROCESS: A Conditional Use is a one-step review with a final determination made by the Planning Commission. REFERRAL COMMENTS: Rob Thomson of the Engineering Department has submitted the following comments: (Please reference Exhibit "B" for complete memo.) 1) Any changes to historic site drainage requires an updated drainage plan. 2) Condominiumization is conceptually approved. Engineering shall have final approval of the condominium plat when it is submitted rill Dr review. 3) The existing metal rail fence in the alley needs to receive an encroachment license or be removed. 4) The driveway radii at the street need to be reconstructed to be a minimum of 10' to facilitate safer ingress/egress into the site. This was an Engineering condition of a 6/89 review for this property and was never done. 5) Any work in the public right-of-way requires an excavation permit. 6) Parking on site does not meet NC zone requirements. STAFF COMMENTS: Project History: In July 1975, the P&Z determined that financial institutions should be considered business and professional' offices. An application was reviewed by P&Z based on this determination in July of 1976. The item was tabled twice in following weeks for continued staff research and the opportunity for the applicant to submit a specific site plan. According to the application, the P&Z never reconsidered this conditional use. However, during the f irst half of 1977, P&Z and City Council reviewed and approved with conditions an application for SPA review. The approval conditions did not require recordation of an SPA plan and no record of one exists in the Engineering Department. Construction appears to have commenced in early or mid 1977. In 1989, the Planning Director approved a Growth Management Exemption for the construction of a vault in the basement of the building. Later in the same year, P&Z approved a second exemption for the addition of approximately 320 sq. ft. of office space on the ground level of the building. By virtue of the numerous reviews by the Planning Director, P&Z and City Council, this site and its historical use as a financial institution has been condoned by the City. It is unknown why no documented approval of business and professional offices exists in the official records. The intent of this application is to formally legitimize this category of use for this site. Additionally, since a Final SPA Plan had not been filed when the building was constructed, approval of this application will result in the recordation of the existing site development and will be a basis for future SPA reviews. Conditional Use for Business and Professional Offices in the NC Neighborhood Commercial Zone District. This entire application seeks to provide condominiumized spaces for business and professional offices. As previously mentioned, the City Council will consider the condominiumization portion of the application. 2 1 PLANNING & ZONING COMKISSION EXHIBIT N APPROVED r 19 BY RESOLUTION _ • V_ ANN ASSOC April 14, 1992 HAND DELIVERED Ms. Kim Johnson Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Aspen Savings and Loan Building Conditional Use/Subdivision Exemption Application Dear Kim: Please consider this letter an application for conditional use and condominiumization approval for the Aspen Savings and Loan building which is located at 225 North Mill Street in the City of Aspen (see Exhibit 1, Pre -Application Conference Summary, attached hereto). An insubstantial amendment to the property's prior specially planned area (SPA) approval may also be required. Vested property rights status is requested for all approvals granted pursuant to this application. The application is submitted pursuant to Sections 7-305, 7-804.E.1. and 7-1003.A.3. of the Land Use Regulations by International Specialty Group, Inc., the owner of the property (see Exhibit 2, Title Commitment). The Applicant's representative is Sunny Vann of Vann Associates, Inc. (see Exhibit 3, Permission to Represent). Background I have reviewed the land use files in the City Clerk's office which pertain to the Aspen Savings and Loan Association (ASLA) property, and the minutes of the Planning and Zoning Commission and the City Council related thereto, to determine the approval history of the existing ASLA building (see Exhibit 4, miscellaneous Planning Office Memorandums and P&Z/City Council Minutes). Based on my research, it appears that the ASLA approached the City in June of 1976 regarding their prospective purchase of the so-called "Bennett" property, and their desire to construct and operate a financial institution thereon. The property in question was zoned NC, Neighborhood Commercial, Specially Planned Area. While financial institutions were neither a permitted or conditional use in this zone district, the Planning and Zoning Commission had previously determined in July of 1975 that such uses should be considered business and professional offices. Since tea: �S A.'.'?^ �? • A�t��3^ ` G1orado 816' 1 • 3C3 Kra 6950 • Fax 3G , 970-9 ", �.. - 4 Ms. Kim Johnson April 14, 1992 Page 2 business offices were permitted as a conditional use in the NC zone district, the Planning Office processed the ASLA's request as an application for conditional use approval. The application was reviewed by the P&Z on July 20, 1976. While the Planning Office recommended that the ASLA be approved as a conditional use in the NC zone district, the application was tabled until the next meeting to permit the staff to review the consistency of the proposal with other existing and proposed land uses in the immediate site area. The P&Z reviewed the application again on July 27, 1976. The application, however, was tabled a second time, apparently because no specific site plan for the property had been submitted by the ASLA. The P&Z's minutes reflect no further consideration of the ASLA's original conditional use application. The land use files, however, indicate that an application for SPA ap- proval was submitted to the Planning Office by the ASLA in January of 1977. The application was reviewed by the P&Z on January 18 and February 15, 1977. The P&Z recommended approval of the SPA application subject to various conditions. The City Council approved the application on April 11, 1977, subject to the conditions recom- mended by the P&Z. The conditions contain no reference to the recordation of a SPA plan, and no such plan has been located in the Engineering Department's files. The construction of the building is believed to have begun in the spring or summer of 1977. On May 15, 1989, The Planning Director granted a growth management quota system exemption pursuant to Section 8-104.A.1.d. of the Regulations to the ASLA for the con- struction of a vault in the basement of the building. On July 5, 1989, the P&Z approved a second exemption request for a small office addition to the building's ground floor. The addition, which contained approximately three hundred and twenty (320) square feet, was approved pursuant to Section 8-104.B.1.a. of the Regulations. Both the vault and the ground floor office addition were subsequently constructed. It should be noted that the Planning Office's memorandum to the P&Z regarding the ASLA's requested office addition erroneously referred to the property as being zoned O, Office, as opposed to NC, Neighborhood Commercial. There is also no reference to the ASLA building's prior SPA approval. While it is unclear as to why no formal conditional use approval appears to have been granted to the ASLA, the Planning Office's support of this approval is clearly documented in the City Clerk's records, as is the P&Z's prior determination that a financial institution constituted a business and professional office. The City Council granted SPA approval to the building, and two separate expansions of the use were subsequently approved by the Planning Office and the P&Z. Project Site As the accompanying improvement survey illustrates, the Aspen Savings and Loan property consists primarily of Lots D, E, F, G, H and I, Block 78, City and Townsite of Aspen. The property also contains an adjoining triangular parcel of land which is part of Tract A of the Aspen Townsite Addition. The property contains approximately eighteen 7 Ms. Kim Johnson April 14, 1992 Page 3 thousand four hundred and fifty (18,450) square feet of land area, including the adjoin- ing triangular parcel. The property's NC, Neighborhood Commercial, Specially Planned Area, zoning classification remains unchanged. Existing man-made improvements to -the ASLA property include a two (2) story brick building and a paved parking area. As Table 1 below indicates, the existing building contains approximately seven thousand six hundred and sixty (7,660) square feet of floor area. The building's net leasable square footage, however, totals approximately nine thousand two hundred and ten (9,210) square feet. These figures are based on takeoffs prepared by Hagman Yaw Architects, and are depicted on the architectural floor plans which accompany this application. Approximately seventeen (17) parking spaces are presently provided on -site. As the survey and title commitment indicate, the property is encumbered by a fifteen (15) foot utility easement and a portion of a sixteen (16) foot access easement. The utility easement was granted to the City by the ASLA for the installation and mainte- nance of underground electric cables. The access easement was granted to the adjacent Trueman property for the installation of a water line and use as a fire lane. A similar easement was granted to the ASLA by the owner of the Trueman property for access purposes. The survey also depicts a temporary construction easement which was granted to the City for the reconstruction of Mill Street. Table 1 DEVELOPMENT DATA 1. Total Site Area (Sq. Ft.) 18,450 2. Maximum Allowable Floor Area' 169970 @ 1:1 (Sq. Ft.) 3. Existing Floor Area (Sq. Ft.)' 79660 Basement' None Ground Floor 49710 Second Floor 2,950 4. Existing Net Leasable Area (Sq. Ft.) 99,210 ------------ Basement --- -� 2,860 j Ground Floor co 3,930 Second Floor 2,4 5. Minimum Required Parking @ 4 Spaces/ 32 1,000 Sq. Ft. Net Leasable Ms. Kim Johnson April 14, 1992 Page 4 6. Existing Parking Spaces 17 fY� ' Excludes approximately 1,480 square feet of land area encumbered by an access easement. 2 All numbers rounded to the nearest ten (10) square feet. The basement is located one hundred (100) percent below grade. Proposed Development The Applicant proposes to condominiumize the existing building, and to sell and/or lease the condominium spaces for business and professional office use. It is also possible that a financial institution may again occupy the building. No expansion of the building's existing net leasable square footage is anticipated at this time. The interior of the building, however, will most likely be remodeled, depending upon the individual needs of the new tenants. Any future expansion of the building will comply with the requirements of the Land Use Regulations in effect at such time as an application is submitted. As the floor plan on the following page illustrates, the Applicant would like to install an elevator in the existing entry area to the building. The elevator will enhance the functionality of the building by providing improved tenant access, thereby improving both circulation and safety. While the installation of the proposed elevator will result in a slight increase in floor area, the building's total floor area will remain significantly below that which is allowed. No increase in net leasable area will occur, as the elevator is used solely for circulation purposes. Review Requirements The Applicant's proposed development is subject to the receipt of conditional use approval by the Planning and Zoning Commission and condominiumization approval from the City Council. Each of these review requirements is addressed below. 1. Conditional Use Review Business and professional offices are permitted as conditional uses in the NC, Neighborhood Commercial, zone district. As a financial institution has previously been determined to constitute a business and professional office, approval of the Applicant's conditional use application should also permit a bank to reoccupy the existing building. The specific review criteria for conditional uses are contained in Section 7-304 of the Regulations. The proposed development's compliance with these criteria is summarized as follows. Ms. Kim Johnson April 14, 1992 Page 5 C x- �r r ',. x� a) "The conditional use is consistent with the purposes, goals,` objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located." The 1973 Aspen Land Use Plan depicts the ASLA property, and the immediate site area, as being within the "Limited Industrial" land use category. The area immediately north of the property, however, is also designated as "Neighborhood Commercial". The ASLA property, and the Trueman property to the north, are zoned NC, Neighborhood Commercial. The area located immediately south of the property is zoned O, Office. The proposed development is consistent with the purpose of the NC zone district, and with the historical use of the ASLA property. b) "The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and sur- rounding land uses, or enhances the mixture of complimentary uses and activities in the vicinity of the parcel proposed for development." The proposed development is consistent and compatible with existing land uses in the immediate site area. The Trueman neighborhood commercial complex, and the Jerome Professional building, are located immediately north and south of the property, respectively. These two structures contain a variety of commercial and office uses which are both consistent and compatible with the Applicant's proposed develop- ment. c) "The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties." The proposed development will have no adverse impacts on surrounding properties, as the operational characteristics of the proposed business and professional office use will be similar to those of the prior banking operation. As no expansion of the existing building is proposed at this time, no adverse visual impacts are anticipated. The building's existing trash service area, and pedestrian and vehicular circulation, are adequate to serve the proposed use. With respect to parking, approximately thirty-two (32) on -site spaces would theoretically be required to serve the existing building. However, as no expansion of the building is proposed, no additional parking is required at this time. The'proper- ty's existing seventeen (17) on -site spaces were apparently adequate to serve the ASLA, and are also believed to be sufficient to meet the needs of the proposed conditional use. Additional public parking is conveniently located immediately across Mill Street in the City's Rio Grande parking garage. 121, Ms. Kim Johnson April 14, 1992 Page 6 d) "There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools." All utilities and the public road system are adequate to serve the pro- posed conditional use. Given the nature of the use, no adverse impact on such public facilities as hospitals, schools, etc. is anticipated. e) "The Applicants commit to supply affordable housing to meet the incremental need for increased employees generated by the condition use" As no increase in the building's net leasable square footage is proposed, no affordable housing mitigation is required at this time. In fact, it should be noted that the existing building's theoretical employee generation is less than the historical employ- ment level of the prior ASLA operation. Based on the Housing Authority's Neighbor- hood Commercial employee generation factor of, 2.3 employees per one thousand square feet of net leasable area, the existing building would theoretically generate approximately nineteen (19) employees. As Exhibit 5, ASLA Employment History, indicates, the Aspen Savings and Loan Association's average annual employment between 1985 and 1989 was approximately thirty-five (35) employees. �oO f) "The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter." As discussed under criteria a), the proposed conditional use is consistent with existing land uses in the immediate site area and the purpose of the underlying zone district. The existing building's compliance with the dimensional requirements of the NC zone district was established pursuant to specially planned area review. The Applicant is aware of no other standards or review requirements which pertain to the proposed conditional use. 2. Condominiumization Pursuant to Section 7-1007.A. of the Regulations, the eondominiumization of an existing commercial building is subject only to the receipt of City Council approval and the recordation of a condominium plat and declaration which meets the requirements of the City's Engineering Department. No impact fee is required for the condominiumiza- tion of commercial structures. The Applicant will submit a condominium plat and declaration for review by the Engineering Department upon receipt of conditional use and condominiumization approval. The plat and declaration will be recorded with the Pitkin County Clerk and Recorder's office prior to the conveyance of any individual condominiumized spaces. 3. Specially Planned Area As no expansion of the existing building is proposed, there is arguably no requirement to amend the Aspen Savings and Loan Association's original SPA approval. However, should the Planning Office feel that an amendment is required as a result of the Applicant's proposed development, Section 7-804.E.1. of the Regulations appears to provide .an appropriate approach. Essentially, this section provides for the Planning Director's approval of an insubstantial amendment to an approved SPA, provided that the character and impacts of the development are minimal. As the Applicant's proposed conditional use appears to fall within the specified review criteria, the Planning Directo- r's approval should be sufficient to demonstrate compliance with the City's SPA regulato- ry requirements. 4. Vested Property Rights In order to preserve the land use approvals which may be obtained as a result of this application, the Applicant herehy requests vested property rights status pursuant to the provisions of Section 6-207 of t►e Land Use Regulations. It is understood by the Applicant that, to establish such status, final approval of the proposed development must be granted by ordinance of the City Council. It is also the Applicant's understand- ing that no specific submission requirements, or review criteria other than a public hearing, are required to confer such status. Should you have any questions, or require additional information, please do not hesitate to call. Very truly yours VANN ASSOCIATES, INC. SV:cvw Attachments cWuskdty.app\app17591.cu M PLANNING � ONING COMMISSION EXHIBIT " , APPROVED ► 19 BY RESOLUTION • MAY 18 MEMORANDUM To: Kim Johnson, Planning Office From: Rob Thomson, Project Engineer ZS j Date: May 18, 1992 Re: Aspen Savings and Loan Conditional Use/Subdivision Exemption Having reviewed the above application, and having made a site inspection, the engineering department has the following comments: 1. Site drainage - one of the considerations of a development application for conditional use is that there are adequate public facilities to service the use. One public facility that is inadequate is the storm drainage system. Any new development that changes historic storm runoff, i.e. by increasing impervious surfaces, must include a drainage plan. It appears that this site has a drainage plan in that there is an existing storm drain on site. 2. Condominiumization - the engineering department conceptually approves this property for condominiumization. Final review is reserved for when the applicant submits a condominium plat for approval. 3. Alley Block 78 - the alley to the south of the property, while undeveloped, is still a public right-of-way. There is an existing metal railing/fence that needs to be recognized by way of an encroachment license or be removed. Any future development in the alley needs to be approved by the City of Aspen. 4. Driveway - in order to facilitate an easier and more importantly a safer way of entering and exiting this property by motor vehicles, the applicant needs to provide radius corners (minimum of 10 foot radius) on the north and south side of the driveway. Please note that this was an engineering department condition of approval in June of 1989 for this property and it was never done. 5. Excavation Permit - the applicant is advised that any work in the public right-of- way requires an excavation permit. 6. Parking - the existing development does not meet the NC zone district requirement for parking. The applicant has not demonstrated that the existing parking adequately meets the needs of the existing use or the proposed conditional use. The applicant has stated that since there is no expansion of the building is proposed, no additional parking spaces are required at this time, however depending on the final use of each condominiumized space of the proposed conditional use, the parking needs could be increased while no expansion has taken place. Recommended Conditions of Approval 1. Prior to issuing a building permit for any expansion of this building or before doing any site reconstruction, a site drainage plan must be submitted to the engineering department prepared by a registered engineer, in the State of Colorado. 2. Prior to final inspection by the Building Department a condominium plat must be submitted that meets all engineering department requirements and filed at the Clerk and Recorder's Office of Pitkin County. 3. The improvements to the driveway must be shown on the building permit set of drawings and completed prior to final inspection by the BUilding Department. 4. The existing development and or the proposed conditional use must meet the NC zone district requirement for parking spaces. cc Chuck Roth, City Engineer caseioaa92.011 MEMORANDUM TO: Planning and'Zoning Commission FROM: Kim Johnson, Planning Office RE: Aspen Savings and Loan Building Conditional Use for Business and Professional Offices in the NC (Neighborhood Commercial) Zone District DATE: June 2, 1992 --------------------------------------------------- SUMMARY: Staff recommends approval of Conditional Use for business and professional offices within the Aspen Savings and Loan Building with conditions. APPLICANT: International Specialty Group, Inc., represented by Sunny Vann LOCATION/IMPROVEMENTS: The 18,450 s.f. parcel is at 225 N. Mill Street (Lots D-I, Block 78. Townsite of Aspen). A two story building of approximately -9,210 s.f. net leasable area is on site with an FAR of 7,660 s.f. (the basement level constitutes net leasable but not FAR). On -site parking consists of 17 spaces. ZONING: NC (Neighborhood Commercial) with an SPA (Specially Planned Area) overlay APPLICANT'S REQUEST: The applicant is requesting from the P&Z conditional use approval for business and professional offices in the existing structure commonly known as the Aspen Savings and Loan Building. The building had historically been used by the former bank. The applicant also has requested Condominiumization and Vested Rights which will be heard by City Council. Staff has also determined that an Ins~bstantial SPA Amendment must be processed as a Planning Directc-r's approval for the addition of an elevator in the building's entry area. Please see application information, Exhibit "A". PROCESS: A Conditional Use is a one-step review with a final determination made by the Planning Commission. REFERRAL COMMENTS: Rob Thomson of the Engineering Department has submitted the following comments: (Please reference Exhibit "B" for complete memo.) 1) Any changes to historic site drainage requires an updated drainage plan. 2) Condominiumization is conceptually approved. Engineering shall have final approval of the condominium plat when it is submitted Z for review. 3) The existing metal rail fence in the alley needs to receive an encroachment license or be removed. 4) The driveway radii at the street need to be reconstructed to be a minimum of 10' to facilitate safer ingress/egress into the site. This was an Engineering condition of a 6/89 review for this property and was never done. 5) Any work in the public right-of-way requires an excavation permit. 6) Parking on site does not meet NC zone requirements. STAFF COMMENTS: Project History: In July 1975, the P&Z determined that financial institutions should be considered business and professional' offices. An application was reviewed by P&Z based on this determination in July of 1976. The item was tabled twice in following weeks for continued staff research and the opportunity for the applicant to submit a specific site plan. According to the application, the P&Z never reconsidered this conditional use. However, during the first half of 1977, P&Z and City Council reviewed and approved with conditions an application for SPA review. The approval conditions did not require recordation of an SPA plan and no record of one exists in the Engineering Department. Construction appears to have commenced in early or mid 1977. In 1989, the Planning Director approved a Growth Management Exemption for the construction of a vault in the basement of the building. Later in the same year, P&Z approved a second exemption for the addition of approximately 320 sq. ft. of office space on the ground level of the building. By virtue of the numerous reviews by the Planning Director, P&Z and City Council, this site and its historical use as a financial institution has been condoned by the City. It is unknown why no documented approval of business and professional offices exists in the official records. The intent of this application is to formally legitimize this category of use for this site. Additionally, since a Final SPA Plan had not been filed when the building was constructed, approval of this application will result in the recordation of the existing site development and will be a basis for future SPA reviews. Conditional Use for Business and Professional Offices in the NC Neighborhood Commercial Zone District. This entire application seeks to provide condominiumized spaces for business and professional offices. As previously mentioned, the City Council will consider the condominiumization portion of the application. a PLANNING h ZONING COMMISSION EXHIBIT ".A , APPROVED r 19 ._ BY RESOLUTION _ • _VANN ASSOCIATES April 14, 1992 HAND DELIVERED Ms. Kim Johnson Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Aspen Savings and Loan Building Conditional Use/Subdivision Exemption Application Dear Kim: Please consider this letter an application for conditional use and condominiumization approval for the Aspen Savings and Loan building which is located at 225 North Mill Street in the City of Aspen (see Exhibit 1, Pre -Application Conference Summary, attached hereto). An insubstantial amendment to the property's prior specially planned tarea (SPA) approval may also be required. Vested property rights status is requested for all approvals granted pursuant to this application. The application is submitted pursuant to Sections 7-305, 7-804.E.1. and 7-1003.A.3. of the Land Use Regulations by International Specialty Group, Inc., the owner of the property (see Exhibit 2, Title Commitment). The Applicant's representative is Sunny Vann of Vann Associates, Inc. (see Exhibit 3, Permission to Represent). Background I have reviewed the land use files in the City Clerk's office which pertain to the Aspen Savings and Loan Association (ASLA) property, and the minutes of the Planning and Zoning Commission and the City Council related thereto, to determine the approval history of the existing ASLA building (see Exhibit 4, miscellaneous Planning Office Memorandums and P&Z/City Council Minutes). Based on my research, it appears that the ASLA approached the City in June of 1976 regarding their prospective purchase of the so-called "Bennett" property, and their desire to construct and operate a financial institution thereon. The property in question was zoned NC, Neighborhood Commercial, Specially Planned Area. While financial institutions were neither a permitted or conditional use in this zone district, the Planning and Zoning Commission had previously determined in July of 1975 that such uses should be considered business and professional offices. Since rs -As pe,--�. Ccforado 816' 1 - 363 935-6958 -Fax 30 3 93G-93" G Ms. Kim Johnson April 14, 1992 Page 2 business offices were permitted as a conditional use in the NC zone district, the Planning Office processed the ASLA's request as an application for conditional use approval. The application was reviewed by the P&Z on July 20, 1976. While the Planning Office recommended that the ASLA be approved as a conditional use in the NC zone district, the application was tabled until the next meeting to permit the staff to review the consistency of the proposal with other existing and proposed land uses in the immediate site area. The P&Z reviewed the application again on July 27, 1976. The application, however, was tabled a second time, apparently because no specific site plan for the property had been submitted by the ASLA. The P&Z's minutes reflect no further consideration of the ASLA's original conditional use application. The land use files, however, indicate that an application for SPA ap- proval was submitted to the Planning Office by the ASLA in January of 1977. The application was reviewed by the P&Z on January 18 and February 15, 1977. The P&Z recommended approval of the SPA application subject to various conditions. The City Council approved the application on April 11, 1977, subject to the conditions recom- mended by the P&Z. The conditions contain no reference to the recordation of a SPA plan, and no such plan has been located in the Engineering Department's files. The construction of the building is believed to have begun in the spring or summer of 1977. On May 15, 1989, The Planning Director granted a growth management quota system exemption pursuant to Section 8-104.A.1.d. of the Regulations to the ASLA for the con- struction of a vault in the basement of the building. On July 5, 1989, the. P&Z approved a second exemption request for a small office addition to the building's ground floor. The addition, which contained approximately three hundred and twenty (320) square feet, was approved pursuant to Section 8-104.B.1.a. of the Regulations. Both the vault and the ground floor office addition were subsequently constructed. It should be noted that the Planning Office's memorandum to the P&Z regarding the ASLA's requested office addition erroneously referred to the property as being zoned O, Office, as opposed to NC, Neighborhood Commercial. There is also no reference to the ASLA building's prior SPA approval. While it is unclear as to why no formal conditional use approval appears to have been granted to the ASLA, the Planning Office's support of this approval is clearly documented in the City Clerk's records, as is the P&Z's prior determination that a financial institution constituted a business and professional office. The City Council granted SPA approval to the building, and two separate expansions of the use were subsequently approved by the Planning Office and the P&Z. Project Site As the accompanying improvement survey illustrates, the Aspen Savings and Loan property consists primarily of Lots D, E, F, G, H and I, Block 78, City and Townsite of Aspen. The property also contains an adjoining triangular parcel of land which is part of Tract A of the Aspen Townsite Addition. The property contains approximately eighteen 7 Ms. Kjm Johnson April 14, 1992 Page 3 thousand four hundred and fifty (18,450) square feet of land area, including the adjoin- ing triangular parcel. The property's NC, Neighborhood Commercial, Specially Planned Area, zoning classification remains unchanged. Existing man-made improvements to the ASLA property include a two (2) story brick. building and a paved parking area. As Table 1 below indicates, the existing building contains approximately seven thousand six hundred and sixty (7,660) square feet of floor area. The building's net leasable square footage, however, totals approximately nine thousand two hundred and ten (9,210) square feet. These figures are based on takeoffs prepared by Hagman Yaw Architects, and are depicted on the architectural floor plans which accompany this application. Approximately seventeen (17) parking spaces are presently provided on -site. As the survey and title commitment indicate, the property is encumbered by a fifteen (15) foot utility easement and a portion of a sixteen (16) foot access easement. The utility easement was granted to the City by the ASLA for the installation and mainte- nance of underground electric cables. The access easement was granted to the adjacent Trueman property for the installation of a water line and use as a fire lane. A similar easement was granted to the ASLA by the owner of the Trueman property for access purposes. The survey also depicts a temporary construction easement which was granted to the City for the reconstruction of Mill Street. Table 1 DEVELOPMENT DATA 1. Total Site Area (Sq. Ft.) 180450 2. Maximum Allowable Floor Area' 169,970 0- i :l (Sq. Ft.) 3. Existing Floor Area (Sq. Ft.)' 71660 Basement' None Ground Floor 49710 Second Floor 29950 4. Existing Net Leasable Area (Sq. Ft.) 9,210 Basement 29860 Ground Floor 3,930 Second Floor 29420 5. Minimum Required Parking @ 4 Spaces/ 1,000 Sq. Ft. Net Leasable V Ms. Kim Johnson April 14, 1992 Page 4 6. Existing Parking Spaces 17 Excludes approximately 1,480 square feet of land area encumbered by an access easement. All numbers rounded to the nearest ten (10) square feet. The basement is located one hundred (100) percent below grade. Proposed Development The Applicant proposes to condominiumize the existing building, and to sell and/or lease the condominium spaces for business and professional office use. It is also possible that a financial institution may again occupy the building. No expansion of the building's existing net leasable square footage is anticipated at this time. The interior of the building, however, will most likely be remodeled, depending upon the individual needs of the new tenants. Any future expansion of the building will comply with the requirements of the Land Use Regulations in effect at such time as an application is submitted. As the floor plan on the following page illustrates, the Applicant would like to install an elevator in the existing entry area to the building. The elevator will enhance the functionality of the building by providing improved tenant access, thereby improving both circulation and safety. While the installation of the proposed elevator will result in a slight increase in floor area, the building's total floor area will remain significantly below that which is allowed. No increase in net leasable area will occur, as the elevator is used solely for circulation purposes. Review Requirements The Applicant's proposed development is subject to the receipt of conditional use approval by the Planning and Zoning Commission and condominiumization approval from the City Council. Each of these review requirements is addressed below. 1. Conditional Use Review Business and professional offices are permitted as conditional uses in the NC, Neighborhood Commercial, zone district. As a financial institution has previously been determined to constitute a business and professional office, approval of the Applicant's conditional use application should also permit a bank to reoccupy the existing building. The specific review criteria for conditional uses are contained in Section 7-304 of the Regulations. The proposed development's compliance with these criteria is summarized as follows. .< parking spaces are required at this time, however depending on the final use of each condominiumized space of the proposed conditional use, the parking needs could be increased while no expansion has taken place. Recommended Conditions of Approval 1. Prior to issuing a building permit for any expansion of this building or before doing any site reconstruction, a site drainage plan must be submitted to the engineering department prepared by a registered engineer, in the State of Colorado. 2. Prior to final inspection by the Building Department a condominium plat must be submitted that meets all engineering department requirements and filed at the Clerk and Recorder's Office of Pitkin County. 3. The improvements to the driveway must be shown on the building permit set of drawings and completed prior to final inspection by the BUilding Department. 4. The existing development a -rid or the proposed conditional use must meet the NC zone district requirement for parking spaces. cc Chuck Roth, City Engineer AFFIDAVIT OF PUBLIC NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL (Pursuant to Section 6-205.E. of the Land Use Regulations) STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The undersigned, being first duly sworn, deposes and says as follows: I, SUNNY VANN, being or representing an Applicant before the City of Aspen, personally certify that Public Notice of the International Specialty Group, Inc. Is, application for conditional use approval to utilize the Aspen Savings and Loan building for business and professional office use was given by 1) posting of notice containing the information required in Section 6-205.E.2., which posting occurred on May 23, 1992, in a conspicuous place on the subject property and that the said sign was posted and visible continuously from that date, and 2) mailing Notice of said development application to all property owners within three hundred (300) feet of the subject property, which mailing occurred on May 22, 1992. Applicant: INTERNATIONAL SPECIALITY GROUP, INC. ag The foregoing Affidavit of Public Notice was acknowledged and signed before me this day of June, 1992, by Sunny Vann on behalf of the INTERNATIONAL SPECIALITY GROUP, INC. WITNESS my hand and official seal. My commission expires: i Notary Public PITKIN COUNTY TITLE, Inc. Title Insurance Company 601 E. Hopkins Aspen, Colorado 81611 (303) 925-1766 ADJACENT OWNER'S STATEMENT P- th Lm County Tit e,, Ime . , a, duty -Q-�-cen,�ed T-'Q- In,-SUAamce. Agent --m tke, State, o4 CoZona,do h.eieb y ce,nmac.{, t.e the 4 ot-tow.-n,g t-Lzt -c-s a. ctLiv Q'mt tP is t o4 adjacent pnope 4-ty own,cn ' -s W--th-Lm th,nee, hu,n,d,,r,ed 4 ee-t o4 Zoe E , F , G , H, 9 I, bZoch, 78, C4 ty and Tow" to o4 Aspen " obtar-med 41Lom th,e modt cu,,me,t ,t Pi tk, Ln. C o w-i t y Tax- R ot-&S. NAMES AND ADRESSES BRIEF LEGAL DESCRIPTION ----------------------------------------------------------------------- PLEASE REFER TO LIST ATTACHED HERETO AND MADE A PART HEREOF. aL w k. rC - (-,f AUTHORIZED SIGNATURE 6 ALLEN H. ADGER JEROME PROF, UNIT 1-G SUITE 106 201 NORTH MILL ST. ASPEN CO 81611 CHARMAINE ANDERSON LE VOTAUX CONDOS, UNIT 192 BOX 1278 NEWPORT BEACH CA 92659 CITY OF ASPEN RIO GRANDE PROPERTY 130 S. GALENA ASPEN CO 81611 DEBORAH D, WRIGHT JEROME) UNIT 1-F 2 3 2 SAINT ANDREWS SAINT SIMONS IS. GA 31522 DRACO INC. PARCEL A, 7-10-84 210 NORTH MILL ST. ASPEN CO 81611 FERENC 9 MIRTE BERKO LOTS C,D,E,EgF, BLK 72 P.O. BOX 360 ASPEN CO 81612 HERBERT S. 9 MARSHA KLEIN JEROME PROF., 2-F,G,EI SUITE 101 201 N. MILL ST. ASPEN CO 81611 HONDO PARTNERS INC. LOTS R 9 S, BLK 71 SUITE 450 4040 BROADWAY SAN ANTONIO TX 78209 HOTEL JEROME LOTA A->S, BLK 79 330 EAST MAIN ST. ASPEN CO 81611 J.E. ABELS MONARCH NORTH CONDOIUNIT192 BOX 4707 ASPEN CO 81612 JOAN ENID LIGHT LOTS G,H,9I, BLK 72 733 13TH ST. BOULDER CO 80302 JOSEPH AMATO LOTS K F L, BLK 71 P.O. BOX 503 HIGHLAND HILLS NY 10930 JOSEPH E. EDWARDS JR JEROME PROF., UNIT 1-I SUITE 109 201 NORTH MILL ST. ASPEN CO 81611 KARL 9 MADELEINE LARSON JEROME) 1-13,2-K,2-E,2-J SUITE 101 201 N. MILL ST. ASPEN CO 81611 NELS REINHARD 9 JANET C. ELDER LOTS K,L,M,N,90, BLK 78 202 NORTH MONARCH ST. ASPEN CO 81611 PHILIP R. 9 PATRICIA H. HODGSON LOTS A,131EC; BLK 78 212 N. MONARCH ST. ASPEN CO 81611 PITKIN COUNTY LOTA A ->I, BLK 86 506 EAST MAIN ST. ASPEN CO 81611 S 9 A EQUIPMENT CO. JEROME PROF., UNIT 1-A SUITE 101 _ 201 NORTH MILL ST. ASPEN CO 81611 SHERRY RYAN JEROME PROF., 1-C,1-D,1-E 7 1 5 W . MAIN ST. - ASPEN CO 81611 THOMAS C. HILL 9 JOSEPH P. KRABACHER JEROME PROF., 2A,J3,C,D,g E SUITE 201 201 N. MILL ST. ASPEN CO 81611 TRUEMAN ASPEN COMPANY 4355 DAVIDSON RD HILLIARD OH 43026 U.S. POST MASTER ASPEN CO 81612 WILLIAM G. 8RUMDER 2054 FIRST WISCONSIN TRUST CO. MILWAUKEE WI 53201 WILLIAM G. PARZYBOK 13617 160TH AVE. NE REDMOND WA 78052 LOTS 1 E 4, TRUEMAN NEIGH LOT 2, TRUEMAN NEIGH80PHOOD LOTS N,O,Pg2, SLK 72 LOTS R E S, BLK 72 TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont DATE: June 2, 1992 RE: Office Zone District Text Amendments SUMMARY: Attached to this cover memo is amended Ordinance 35. Based upon discussion with the Commission at the May 19, 1992 meeting, staff has revised the proposed amendment for parking requirements in the Office Zone District, new language is in bold in the attached Ordinance. Specifically, Special Review for off-street parking requirements' has been elaborated to include a list of mitigation procedures that the Commission may consider when reviewing a parking plan. Please pay special attention to Section 2, paragraphs 1 and 3. RECOMMENDATION: Staff recommends that the Commission recommend the proposed text amendments to Council for their approval. 'Z1 ORDINANCE NO. 35 (Series of 1992) AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING CHAPTER 24 SECTIONS 5-213.E.3 AND 7-404.B OF THE MUNICIPAL CODE AFFECTING PARKING REQUIREMENTS FOR THE OFFICE ZONE DISTRICT AND SPECIAL REVIEW FOR PARKING WHEREAS, Pitkin County has proposed to amend Sections 5- 213.E.3 and 7-404.B of Chapter 24 of the Municipal Code to change the parking requirements for the Office Zone District; and WHEREAS, the Office Zone District does not provide the parking mitigation flexibility that other commerical zone districts offer; and WHEREAS, the staff, Planning and Zoning Commission and City Council having been made aware that rigid parking requirements may, encourage demolition of buildings or the paving of open land area in order to conform with legislated parking requirements; and WHEREAS, staff reviewed current parking requirements and proposes amendments to existing parking requirements that consider preexisting or newly created nonconformities for existing buildings; and WHEREAS, staff and the County have suggested several amendments to Chapter 24 of the Municipal Code that provide for parking mitigation in manners other than cash -in -lieu when it is unfeasible to provide parking on -site; and WHEREAS, the Commission, pursuant to Section 24-7-1103, has reviewed and approved the amendments at a public hearing March 31, 1992 and recommended adoption by City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That Section 5-213 (E) "Off-street parking requirement" for the "Office (0) 11 zone district,, Article 5 of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is hereby amended at subparagraph 11311 to read as follows: Section 5-213. office (0). E. Off-street parking requirement. 3. All other uses: 3 spaces/1,000 sq. ft. of net leasable area; these spaces may be mitigated via a payment in lieu or other forms of mitigation that is approved by the Commission by special review pursuant to Article 7, Division 4. 1 ORDINANCE NO. 35 (Series of 1992 ) AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING CHAPTER 24 SECTIONS 5-213.E.3 AND 7-404.B OF THE MUNICIPAL CODE AFFECTING PARKING REQUIREMENTS FOR THE OFFICE ZONE DISTRICT AND SPECIAL REVIEW FOR PARKING WHEREAS, Pitkin County has proposed to amend Sections 5- 213.E.3 and 7-404.B of Chapter 24 of the Municipal Code to change the parking requirements for the Office Zone District; and WHEREAS, the Office Zone District does not provide the parking mitigation flexibility that other commerical zone districts offer; and WHEREAS, the staff, Planning and Zoning Commission and City Council having been made aware that rigid parking requirements may encourage demolition of buildings or the paving of open land area in order to conform with legislated parking requirements; and WHEREAS, staff reviewed current parking requirements and proposes amendments to existing parking requirements that consider preexisting or newly created nonconformities for existing buildings; and WHEREAS, staff and the County have suggested several amendments to Chapter 24 of the Municipal Code that provide for parking mitigation in manners other than cash -in -lieu when it is unfeasible to provide parking on -site; and WHEREAS, the Commission, pursuant to Section 24-7-1103, has reviewed and approved the amendments at a public hearing March 31, 1992 and recommended adoption by City Council. NOW, THEREFORE, BE IT '-ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That Section 5-213(E), "Off-street parking requirement" for the "Office (0)" zone district, Article 5 of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is hereby amended at subparagraph 113" to read as follows: Section 5-213. Office (0). E. Off-street parking requirement. 3. All other uses: 3 spaces/1,000 sq. ft. of net leasable area; these spaces may be mitigated via a payment in lieu or other forms of mitigation that is approved by the Commission by special review pursuant to Article 7, Division 4. 1 I MEMORANDUM TO: Aspen Planning and zoning commission FROM: Leslie Lamont DATE: June 2, 1992 RE: Office Zone District Text Amendments SUMMARY: Attached to this cover memo is amended Ordinance 35. Based upon discussion with the Commission at the May 19, 1992 meeting, staff has revised the proposed amendment for parking requirements in the Office Zone District, new language is in bold in the attached Ordinance. Specifically, Special Review for off-street parking requirements has been elaborated to include a list of mitigation procedures that the Commission may consider when reviewing a parking plan. "Lease pay special attention to Section 2, paragraphs 1 and 3. ,kECOMMENDATION: Staff recommends that the Commission recommend the proposed text amendments to Council for their approval. 3 section 2: That Section 7-404 (B) , "Off-street parking requirements" of Article 7 of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: Section 7-404. Review standards for special review. B. Off-street parking requirements. Whenever the off-street parking requirements of a proposed development are subject to establishment and/or mitigation by special review, or may be provided via a payment 'in lieu, the Development Application shall only be approved if the following conditions are met. 1. In all zone districts where the, off-street parking requirements are subject to establishment and/or mitigation by special review, the applicant shall. demonstrate that the parking needs of the residents, customers, guests and employees of the project have been met, taking into account potential uses of the parcel, the projected traffic generation of the project, the projected impacts onto the on -street parking of the neighborhood, its proximity to mass transit routes and the downtown area, and any special services, such as vans, provided for residents, guests and employees. In determining whether to accept the mitigation or whether to require that the parking be provided on -site, the commission shall take into consideration the practical ability of the applicant to place parking on - site, whether the parking needs of the development have been adequately met on -site and whether the city has plans for a parking facility which would better meet the needs of the development and the community than would location of the parking on -site. 2. In all zone districts, where the off-street parking requirement may be provided via a payment in lieu, the applicant shall make a one-time only payment to the City, in the amount of $15,000 per space. Approval of the payment -in -lieu shall be at the option of the commission. The payment -in -lieu of parking shall be due and payable at the time of issuance of a building permit. All funds collected shall be transferred by the building inspector to the finance director, for deposit in a separate interest bearing account. Monies in the account shall be used solely for the construction of a parking structure or similar new parking facility within or adjacent to the zone districts to which this subsection applies. 2 1t Fees collected pursuant to this section may be returned to the then present owner of property for which a fee was paid, including any interest earned, if the fees have not been spent within seven (7) years from the date fees were paid, unless the council shall have earmarked the funds for expenditure on a specific project, in which case the council may extend the time period by up to three (3) more years. To obtain a refund, the present owner must submit a petition to the finance director within one year following the end of the seventh (7th) year from the date payment was received. For the purpose of this section, payments collected shall be deemed spent on the basis of the first payment in shall be the first payment out. Any payment made for a project for which a building permit is cancelled, due to noncommencement of construction, may be refunded if a petition for refund is submitted to the finance director within three (3) months of the date of the cancellation of the building permit. All petitions shall be accompanied by a notarized, sworn statement that the petitioner is the current owner of the property and by a copy of the dated receipt issued for payment of the fee. In order to insure that the payment -in -lieu rate is fair and represents current cost levels, it shall be reviewed within two (2) years of its effective date, and every two (2) years thereafter. Any necessary amendments to this section shall be initiated by the commission or the city council to address the results of the review. 3. For parking mitigation only in the Office Zone District mitigation which may be considered by the Commission includes, but is not limited to private vanpool operation, transit/vanpool fare subsidy, capital improvements for transit service, shared parking concept, adjacent parking, flexible work hours, provision of bus service, bicycle parking facilities, participation in ride -share and purchase of parking passes for the parking garage. The Commission shall also consider whether a valid public purpose would be served by the reduction of off-street parking spaces, whether the property is located within a designated historic district, the availability of sufficient publicly owned parking spaces in the area to justify the reduction without detriment to the public health, welfare and safety, the availability of shared parking or adjacent off -site parking, and the applicant's commitment to support alternative transportation modes. Applicant shall demonstrate how the alternative transportation mode(s) will be implemented, the permanency of such mode (s), the 3 N R3 extent of the program, number of vehicles the mode(s) will replace, and other pertinent information. Section 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 4: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such, prior ordinances. Section 5: A public hearing on the Ordinance shall be held on the day of , 1992 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of , 1992. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY ADOPTED this day of 1992. ATTEST: Kathryn S. Koch, City Clerk 4 John Beni ett, Mayor f