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HomeMy WebLinkAboutcoa.lu.ca.KSPN Code Amendment E Main St.A65-91AND CONDITIONAL USE U1�E 2735-124 ATMEND . A65--91 �� VLael H-f � cz C d C ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 LAND USE APPLICATION FEES City 00113 -63250-134 GMP/CONCEPTUAL -63270-136 GMP/FINAL -63280-137 SUB/CONCEPTUAL -63300-139 SUB/FINAL -63310-140 ALL 2-STEP APPLICATIONS -63320-141 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00115 -63340-163 ENGINEERING SUBTOTAL County 00113 -63160-126 GMP/GENERAL -63170-127 GMP/DETAILED -63180-128 GMP/FINAL -63190-129 SUB/GENERAL -63200-130 SUB/DETAILED -63210-131 SUB/FINAL -63220-132 ALL 2-STEP APPLICATIONS -63230-133 ALL 1-STEP APPLICATIONS CONSENT AGENDA ITEMS -63450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00113 -63360-143 ENGINEERING PLANNING OFFICE SALES 00113 -63080-122 CITY/COUNTY CODE -63090-123 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER SUBTOTAL TOTAL Name: Phone: Address: Project: Check # Date: Copies received: # of Hours: �- CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 1 22 91 PARCEL ID AND CASE NO. DATE COMPLETE: 2735-124--39;-00 2 A65-91 �s PA./STAFF MEMBER • LL PROJECT NAME: ^ T i'^r" 'i Code Amendment & CU Project Address: Main Street, Aspen, CO 81611 Legal Address: V APPLICANT: Charles Moss �►'- Applicant Address: REPRESENTATIVE: Sunny Vann, Vann-Associates,'Inc Representative Address/Phone: 230 East Hopkins Avenue Aspen, CO 81611 925-6958 -------------------------------------------------------------- -------------------------------------------------------------- PAID:(YES) NO AMOUNT: $1640 NO. OF COPIES RECEIVED 2/2 TYPE OF APPLICATION: 1 STEP: 2 STEP: X P&Z Meeting Date I PUBLIC HEARING(iii) NO VESTED RIGHTS: YES N dAh r&_ CC Meeting Date PUBLIC HEARING: YE NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: City Attorney City Engineer Housing Dir. Aspen Water City Electric Envir.Hlth. Aspen Con.S.D. Mtn Bell School District Parks Dept. Rocky Mtn NatGas Holy Cross State HwyDept(GW) Fire Marshall State HwyDept(GJ) Building Inspector Roaring Fork_ Other._ Energy Center DATE REFERRED: la h &I INITIALS: -------- ____-------- _______ FINAL ROUTING: DATE ROUTED: q 3 INITIAL: City Atty Housing City Engineer Other: FILE STATUS AND LOCATION: Zoning Env. Health • • VANN ASSOCIATES, INC. Planning Consultants December 27, 1991 Ms. Leslie Lamont, AICP Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Pitkin County Library Code Amendment Application Dear Leslie: Please be advised that Charles B. Moss, the applicant with respect to the above referenced application, has terminated his contract to purchase the old Pitkin County Library build- ing. As a result, Mr. Moss does not wish to further pursue the requested code amendment at this time, and does hereby withdraw his application. In the event Mr. Moss purchases the property at some later date, he may wish to resurrect the application and complete the code amendment process before the City Council. With respect to his conditional use approval, I assume that you will prepare a resolution for execution by the Planning and Zoning Commission. I would appreciate it if you would forward a copy of the executed resolution as soon as it is available. It is my understanding that the approval is valid for a period of eighteen (18) months from the date of the P&Z's approval. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Very truly yours, INC. SV:cwv cc: Leonard M. Oates, Esq. Charles B. Moss 230 East Hopkins Avenue • Aspen, Colorado 81611 •303/925-6958 • is MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planning RE: Office Zone Text Amendment for a Broadcasting Station - Section 24-5-213 C. and Conditional Use Review DATE: December 17, 1991 SUMMARY: The applicant seeks to amend Section 24-5-213 C. of the Aspen Land Use Code changing the language that allows a Broadcasting Station, as a conditional use, only in Historic Landmarks. The applicant proposes to change the text to allow a Broadcasting Station as a conditional use in the Office zone in any structure. The applicant also seeks a conditional use review for the broadcasting station in the Office Zone. A text amendment is a two step review process requiring noticing in the newspapers at the Commission and Ordinance adoption procedures at Council. A conditional use review is a one step to the Planning Commission. Staff recommends approval of the text amendment for Section 24-5- 213 C. and conditional use approval for a broadcasting station in the Office zone. APPLICANT: Charles B. Moss, Jr. as represented by Sunny Vann APPLICANT'S REQUEST: Amend Section 24-5-213 C. allowing a broadcasting station as a conditional use in any structure in the Office zone. STAFF COMMENTS: A. Background: Pitkin County received a rezoning (from Public to Office) and a change in use for the old Library building in April of 1990. The potential purchaser of the building is Charles Moss who intends to relocate the KSPN broadcasting studio. Professional and business offices are permitted as of right in the Office zone district. A broadcasting station, along with various other commercial uses, is permitted as a conditional use in the district, provided that the use is located in a structure which has been designated as a historic landmark. The old Library building is not a historic landmark. B. Proposal: The applicant purposes to amend the text to enable a broadcasting station as a conditional use in the Office zone district in a non -designated structure. The applicant asserts that the original rationale for allowing commercial uses in the Office zone in historic landmarks was to provide an incentive for the preservation of historic structures. Designation of a structure as a landmark provides a level of protection for the structure while the owner's ability to use that structure for a wider range of commercial purposes enhances the economic viability of its preservation. This historic preservation incentive is found in the 1975 Land Use Code. The historic preservation program was relatively new at that time and few other incentives appear in the Land Use Code. In addition commercial development in the Office zone was exempt from Growth Management. Today the Historic Preservation program is more pervasive and preservation guidelines are more stringent. The Historic Structure Inventory, and the Commercial Core and Main Street Historic Districts all serve to provide a greater level of scrutiny and control over our historic resources. Because of this higher level of control over historic resources maintaining use incentives limited to landmark structures is not as necessary. As the applicant states "clearly, the determination that such uses are acceptable from a land use perspective has already been made, as evidenced by the considerable number of conditional use approvals which have been given in the past." In addition, the Historic Preservation Planner has pointed out that a broadcast studio, as compared to other commercial uses allowed in historic structures, requires a large amount of space and is not as easy to adapt to a historic landmark. Permitted commercial uses within the Office zone vary widely in their potential impacts and conditional use review is an effective means to address impact mitigation. Consequently, the applicant proposes to revise the section of the Code to include a broadcast station as a conditional use in a non -designated structure in the Office zone. C. Amendment: Section 24-5-213 C. is proposed to be amended as follows: C. Conditional Uses. The following uses are permitted as conditional uses in the Office (0) zone district, subject to the standards and procedures established in Article 7, Division 3. 1. Only for those structures that have received historic landmark designation: antique store, art studio, bakery, bed and breakfast, boarding house, bookstore, breadeasting station, church, dance studio, florist, 2 0 0 fraternal lodge, furniture store, mortuary, music store (for the sale of musical instruments), music studio, restaurant, shop craft industry, visual arts gallery, and provided, however, that (a) no more than two(2) such conditional uses shall be allowed in each structure, and (b) off-street parking is provided, with alley access for those conditional uses along Main Street. Amended language is proposed to read as follows: 1. Only for those structures that have received historic landmark designation: antique store, art studio, bakery, bed and breakfast, boarding house, bookstore, church, dance studio, florist, fraternal lodge, furniture store, mortuary, music store (for the sale of musical instruments), music studio, restaurant, shop craft in industry, visual arts gallery, and provided, however, that (a) no more than two (2) such conditional uses shall be allowed in each structure, and (b) off-street parking is provided, with alley access for those conditional uses along Main Stre t. 9. Broadcasting Otv4io. D. Conditional Use Review - Pursuant to Section 7-304 the standards for review of a conditional use are as follows: 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 in; and RESPONSE: Main Street is a mixed area which contains residential, office, lodge and commerical space. The proposed conditional use is consistent with the existing land use pattern on Main Street. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and ac- tivities in the immediate vicinity of the parcel proposed for development; and RESPONSE: According to the application, the proposed use was previously located at the northeast corner of Third and Main Street prior to its move to the AABC. It is compatible with the surrounding land uses and the intensity of the land use will not be detrimental to neighboring uses. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular 3 A • • circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and RESPONSE: The proposed broadcast station will occupy a portion of the old Library building. No expansion or changes to the exterior of the building are proposed. Any future changes to the exterior of the building will require Historic Preservation review. The property's trash and service delivery will remain unchanged from the previous use as well as pedestrian and vehicular circulation. With respect to parking, the applicant has requested a clarification from the City Council regarding the property's parking requirement. Only one space can be accommodated on -site. The applicant has requested Council to consider parking along Garmisch Street.as parking that once served the old Library and accept a cash -in -lieu for the balance. This issue is scheduled before Council on December 16, 1991. Staff will report to the Commission regarding Council's decision. 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; and RESPONSE: All services are adequate to service this proposed use. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and RESPONSE: On February 25, 1991, the City Council accepted, in concept a proposal from the Board of County Commissioners to dedicate several units in a future affordable housing project to mitigate employee housing requirements for the next business to locate in the old Library building. Note: when the new library was being built employee mitigation was not required as all employees were being transferred from the old building with the condition that any new use of the old building would be required to mitigate employee housing. The applicant will make a final presentation to the City Council at their December 16, 1991 meeting regarding the housing proposal, which dedicates Williams Woods units for mitigation purposes. At that meeting Council will review and direct the Library Board with regard to housing mitigation for the old Library. 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. 4 • • RESPONSE: The conditional use complies with all other aspects of the Comprehensive Plan and the elements of Chapter 24 of the Municipal Code. RECOMMENDATION: Staff recommends that the Commission recommend to Council approval of the text amendment for Section 24-5-213 C. Staff recommends conditional use approval for a broadcasting / station at 120 East Main with the condition that any exterior improvements shall be reviewed by the Historic Preservation Committee. U ��U \GIt r 6 L� 1�1 • VANN ASSOCIATES, INC. DEC - 6 Planning Consultants December 6, 1991 HAND DELIVERED Ms. Diane Moore Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Pitkin County Library Building Affordable Housing and Parking Mitigation Dear Diane: In his March 8, 1991, letter to the County Attorney regarding the Pitkin County library's affordable housing mitigation requirements, Jed Caswall takes the position that the City Council must review and approve a specific mitigation proposal at such time as redevelopment of the property is proposed (see Exhibit 1, Letter to Tim Whitsitt). As the property is presently under contract to Charles Moss, the Council's approval of an affordable housing mitigation plan is apparently required to permit Mr. Moss to convert the building to office use. No expansion of the building's existing net leasable area is proposed at this time. As I discussed in my letter to Leslie Lamont dated November 21, 1991, the existing building contains approximately seven thousand five hundred and ninety (7,590) square feet of net leasable area, including the basement. Based on the O, Offi- ce, zone district's employee generation factor of three (3) employees per one thousand (1,000) square feet of net leasable area, approximately twenty-three (23) employees would theoretically be generated by the conversion of the library building to commercial use. To mitigate the proposed conversion's affordable housing impact, the Board of County Commissioners will dedicate a sufficient number of units in the County's Williams Woods condominium project to meet the affordable housing require- ments of the Land Use Regulations (see Exhibit 2, Letter from Wayne Ethridge). Upon conveyance of the property to Mr. Moss, the Board will adopt a resolution identifying the specific units to be dedicated, and the number of employees to be housed. 230 East Hopkins Avenue • Aspen, Colorado 81611 •303/925-6958 Ms. Diane Moore December 6, 1991 Page 2 As a lottery for the project has already been held, the County will continue to control the sale and occupancy of the dedicated units. All occupants, however, will meet the applicable requirements of the Aspen/Pitkin County Housing Authority's affordable housing guidelines. To ensure that the units are -properly dedicated, Mr. Moss will provide the City with a copy of the Board's adopted resolution prior to the issuance of a certificate of occupancy for the remodeled library building. With respect to parking, Mr. Moss has previously requested a clarification as to whether parking mitigation is required for the existing building (see Exhibit 3, November 20, 1991, Letter to Leslie Lamont). It is our belief that no mitiga- tion is required at this time as no expansion of the build- ing's net leasable area is proposed. The building is non- conforming with respect to the parking requirement of the O, Office, zone district. Approximately twenty-three (23) spaces are required on -site, and one (1) space is provided. It is my understanding, however, that such non -conformities may continue to exist, provided that the extent of the non- conformity is not increased. As no increase in the build- ing's existing net leasable area is proposed, no additional parking would appear to be required. As the City Attorney has taken the position that the non- conforming structure provisions of the Regulations do not apply to parking, and that the rezoning of the property from Public to Office requires that the existing parking non- conformity be mitigated, I respectfully request a formal interpretation pursuant to Section 11-101.C. of the Regula- tions of the applicable parking requirements. In the event that you concur with the City Attorney's position, I would like to appeal your decision to the City Council as provided for in Subsection F. I believe that this matter has been scheduled for the Council's December 16th meeting in antici- pation of the Planning Office's position. Should the Council concur that mitigation is required, it is our intention to request that the existing off-street parking spaces located adjacent to the west side of Paepcke Park be counted as part of the library's existing available parking. As a result, the amount of mitigation that would be required would be the difference between the library's existing parking (i.e., on -site spaces plus Paepcke spaces) and the twenty-three (23) spaces required pursuant to the Land Use Regulations. As approximately nineteen (19) to twenty (20) spaces are believed to be available at Paepcke Park, the Ms. Diane Moore December 6, 1991 Page 3 mitigation requirement would be approximately two (2) to three (3) spaces, or the cash equivalent thereof. Should you have any questions, or require additional informa- tion, please do not hesitate to call. Very truly yours, VANN ASSOCIATES, INC. AICP SV:cwv Attachments cc: Chuck Vidal fr EXHIBIT 1 CITY 3( March 8, 1991 Mr. Tim Whitsitt Pitkin County Attorney 530 East Main Street Aspen, Colorado 81611. PEN Dear Tim: In that there may be some confusion concerning City Council's action taken on Monday, February 25th, in regard to the housing mitigation requirement for the library, it has been suggested that I provide you ,this letter for clarification purposes. The request put before the Council was whether, at some future date, City Council would accept as part of a housing mitigation plan for the library housing units provided by Pitkin County pur- suant to some type of unspecified cooperative agreement between the development applicant and the County. Council's response was that it had no objection conceptually to accepting housing as made available by Pitkin County in mitigation of the library. aive specific housing Council did not, however, forgive or w mitigation requirements for the library, nor make a determination -as-to the level of housing that will be needed:- When a developer eventually comes forward for the library, the housing mitigation requirements will be identified and reviewed under the applicable municipal code provisions then in effect. Pursuant to Council's action on Monday night, one of the methods to meet the housing mitigation requirement can be the provision of specific housing units by Pitkin County via an agreement with the developer. I hope this resolves or corrects any misunderstanding or misper- ception as to Council's action Monday night. Thank you. Very truly yours, Edward M. Caswall City Attorney EMC/mc t irA oanei • December 6, 1991 Ms. Leslie Lamont Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 • EXHIBIT 2 Pitkin County Re: Pitkin County Library Affordable Housing Requirement Dear Leslie: Earlier this year, the Board of County Commissioners agreed to dedicate units in its next affordable housing project to meet the housing mitigation requirements arising from the conversion of the old library building to commercial office use. The purpose of this letter is to reconfirm and elaborate on the Board's prior commit- ment. Upon conveyance of the library to Charles B. Moss, the prospective purchaser of the property, the Board will dedicate a sufficient number of units in the County's Williams Woods condominium project to meet the affordable housing requirements of the existing library building. It is understood by the Board that approximately twenty- three (23) employees will be generated by the change -in -use. To memorialize the dedication, the Board will adopt an appropriate resolution at its first regular meeting following the sale of the property to Mr. Moss. The resolution will specify the specific units to be dedicated, and the number of employees to be housed. The County, however, will continue to control the sale and occupancy of the units. Very truly yours, BOARD OF COUNTY COMMISSIONERS Wayr14 eEthri�dge/, Ch irman WE:cwv Administration County Commissioners County Attorney 530 E. Main, 3rd Floor Suite B Suite I Aspen, CO 81611 506 E. Main Street 530 E. Main Street (303) 920-5200 Aspen, CO 81611 Aspen, CO 81611 FAX 920-5198 (303) 920-5150 (303) 920-5190 Personnel and Finance Suite F 530 E. Main Street Aspen, CO 81611 (303)920-5220 Transportation Facilities 76 Service Center Road Aspen, CO 81611 (303)920-5390 • 0 VANN ASSOCIATES, INC. Planning Consultants November 21, 1991 HAND DELIVERED Ms. Leslie Lamont, AICP Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Pitkin County Library Code Amendment and Conditional Use Application Dear Leslie: Please consider this letter an application to amend Section 5-214.C. of the Aspen Land Use Regulations to permit a radio broadcast station as a conditional use in the old Pitkin County Library building located at 120 East Main Street (see Preapplication Conference Summary attached hereto as Exhibit 1). Conditional use review for the proposed radio station is also requested. The application is submitted pursuant to Sections 7-302 and 7-1003 of the Regulations by Charles B. Moss, Jr., the prospective purchaser of the property (see Exhibit 2, Title Commitment) . Permission for Mr. Moss to apply for conditional use review is attached as Exhibit 3. Background The Board of County Commissioners received a GMQS exemption from the Planning and Zoning Commission on February 6, 1990, to change the use of the library building from public to office. The City Council subsequently rezoned the property to O, Office, on April 9, 1990 (see Exhibit 4, City Council Ordinance No. 15, Series of 1990). While a portion of the building will be utilized for office purposes, Mr. Moss would also like to relocate the KSPN radio station to the property. Professional and business offices are permitted by right in the O, Office, zone district. A broadcasting station, along with various other commercial uses, is permitted as a conditional use in the district, provided that the use is located in a structure which has been designated as a historic landmark. As the library building is not a historic landmark, the present regulations preclude the building's use for a radio station. 230 East Hopkins Avenue • Aspen. Colorado 81611 •303 925-6958 Ms. Leslie Lamont, AICP November 21, 1991 Page 2 Proposed Amendment It is my understanding that the original rationale behind permitting commercial uses in the O, Office, zone was to encourage the preservation of historic structures. A historic landmark designation would provide the City with a greater level of control over a structure, while the owner's ability to use the structure for commercial purposes would theoretically enhance the economic viability of its preserva- tion. This provision first appeared, I believe, in connec- tion with the city's adoption of the 1974 zoning regulations. It should be noted that the 1974 historic preservation provisions were significantly less stringent than those of the current Land Use Regulations. In addition, commercial development in the O, Office, zone was exempt from growth management. Today, the demolition of a historic landmark is essentially prohibited, and all commercial development is subject to the GMQS process, unless specifically exempted therefrom. As a result of these regulatory changes, the City has significantly increased its ability to regulate the preservation and expansion of historic structures. In light of the City's increased regulatory authority with respect to historic landmarks, the limitation of commercial uses to such structures is arguably unnecessary. In addi- tion, the dominance of commercial uses in the Main Street corridor (e.g., restaurants, a gas station, a florist, antique shops, etc.), render the distinction between their location in historic versus non -historic structures increas- ingly questionable. Clearly, the determination that such uses are acceptable from a land use perspective has already been made, as evidenced by the considerable number of conditional use approvals which have been given in the past. As the commercial uses presently permitted in the O, Office zone district vary widely in their potential impacts, conditional use review remains a viable approach to address- ing impact mitigation. Consequently, the Applicant proposes to revise Section 5-214.C. of the Regulations to include radio broadcast stations as a conditional use in a non - designated structure, as opposed to a use permitted by right. While the above logic would also appear to apply to the remaining commercial uses which are presently permitted as conditional uses in historic landmarks, this application is limited solely to broadcasting stations. The Planning Office, however, may wish to consider the appropriateness of removing the historic landmark requirement for all commercial Ms. Leslie Lamont, AICP November 21, 1991 Page 3 uses which are presently permitted as conditional uses within the O, Office, zone district. Conditional Use Review In the interest of time, the Applicant is also requesting conditional use review from the Planning and Zoning Commis- sion for the proposed radio station. Should the City Council fail to approve the requested text amendment, the P&Z's conditional use approval would become null and void. A requirement to this effect is acceptable to the Applicant as a condition of conditional use review. As the accompanying improvement survey illustrates, the library property consists of Lots O, N and the easterly twenty (20) feet of Lot M, Block 66, City and Townsite of Aspen, as well as the southerly ten (10) feet of the vacated alley which is contiguous to these lots. The alley was vacated by the City Council pursuant to Ordinance No. 2, Series of 1961. An easement, however, provides access to the rear of the property from Garmish Street. The parcel contains approximately eight thousand eight hundred (8,800) square feet of land area and is accessible from both Main Street and a portion of the vacated alley. Manmade improvements to the property are limited to a one story brick building with a basement. The existing library building was constructed in the late 1960's and contains approximately three thousand nine hundred and seventy (3,970) square feet of floor area. The property's maximum allowable floor area is six thousand six hundred (6,600) square feet. The property is bounded on the north by the vacated alley and the Mountain Bell building's parking lot. The Sardy House lodge and the Aspen Clinic building are located to the east and west of the library, respectively. Paepcke Park is located across from the library building and south of Main Street. Existing zoning in the immediate site area consists primarily of O, Office, and LP, Lodge Preservation. Paepcke Park is zoned P, Park, while the area behind the library is zoned R-6, Residential. The property is located in the so- called Main Street Historic Overlay District. The library building, however, has not been individually designated. As Table 1 on the following page indicates, the existing library building contains a total of seven thousand five hundred and ninety (7,590) square feet of net leasable area, including the basement. No expansion of the structure is proposed at this time. • • Ms. Leslie Lamont, AICP November 21, 1991 Page 4 Table 1 Net Leasable Floor 1. Gross Building Area (Sq. Ft.)' Basement Ground Floor 2. Net Leasable Area (Sq. Ft.) Basement Ground Floor Calculations 8,120 4,150 3,970 7,590 3,790 3,800 All numbers rounded to the nearest ten (10) square feet. The specific review criteria for conditional uses are contained in Section 7-304 of the Regulations. The proposed radio station's compliance with these criteria is summarized as follows. 1) "The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehen- sive Plan, and with the intent of the Zone District in which it is proposed to be located." The Main Street corridor is a mixed use area which contains a variety of residential, commercial and lodge uses. The predominant zoning category is O, Office, with scattered parcels zoned LP, Lodge Preservation. The various commercial uses presently located along the corridor are consistent with the purpose of the O, Office, zone district and are permitted as conditional uses in the district. Broadcasting stations are specifically listed as a conditional use. As a result, the proposed conditional use is consistent with the Main Street corridor's existing land use pattern and the existing zone district. 2) IlThe conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the vicinity of the parcel proposed for development." The proposed radio station is consistent with the character of the Main Street corridor. In fact, the proposed use was previously located at the northeast corner of Third and Main Streets prior to its move to the Airport Business Center. Ms. Leslie Lamont, AICP November 21, 1991 Page 5 3) "The location, size, design and operating characteris- tics 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 broadcast station will occupy a portion of the existing library building. No expansion of the structure is proposed and no adverse impacts are anticipated on surround- ing properties. Pedestrian and vehicular circulation will remain essentially unchanged. The property's existing trash access and service delivery area will also remain. No adverse noise, vibrations or odors will be generated by the proposed conditional use. With respect to parking, the Applicant has requested a clarification from the City Council regarding the property's parking requirement. It is the Applicant's position that no further parking is required at this time, as no expansion of the existing building is proposed. As this issue is sched- uled for Council consideration on December 9, 1991, the question of whether additional parking will be required should be resolved prior to the P&Z's review of this applica- tion. 4) "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 proposed conditional use. Given the nature of the use, no adverse impact on such public facilities as hospi- tals, schools, etc. is anticipated. 5) "The Applicants commit to supply affordable housing to meet the incremental need for increased employees generated by the condition use." On February 25, 1991, the City Council accepted a proposal from the Board of County Commissioners to "dedicate" a sufficient number of units in their next affordable housing project to meet the housing requirements imposed in connec- tion with the P&Z's change -in -use approval. It is anticipat- ed that the City will request the County to designate an appropriate number of units in its Williams Woods project, a County affordable housing project presently under construc- tion, to meet the building's affordable housing requirements. Ms. Leslie Lamont, AICP November 21, 1991 Page 6 Based on the building's existing net leasable area of seven thousand five hundred and ninety (7,590) square feet, and a generation factor for the O, Office, zone district of three (3) employees per one thousand (1,000) square feet of net leasable area, approximately twenty-three (23) employees will theoretically be generated by the change -in -use. 6) 'The proposed conditional use complies with all addi- tional standards imposed on it by the Aspen Area Compre- hensive Plan and by all other applicable requirements of this chapter." As discussed under criteria #1 above, the proposed condition- al use is consistent with existing land uses in the Main Street corridor, the purpose of the underlying zone district, and the specific standards which govern such uses. In addition, the existing building in which the conditional use will be located is believed to comply with all applicable dimensional requirements of the O, Office, zone district. The Applicant is aware of no other standards or review requirements which pertain to the proposed use. As the Applicant wishes to occupy the building as soon as possible, your assistance in scheduling this application for the first available P&Z meeting would be sincerely appreciat- ed. As we discussed, however, the December 17, 1991, P&Z agenda is the earliest date at which the application could be considered. Should you have any questions, or require additional informa- tion, please do not hesitate to call Very truly yours, VANN ASSOCIATES, 1 Sunny VanrK AICP SV:cwv Attachments EXHIBIT 3 VANN ASSOCIATES, INC. Planning Consultants November 20, 1991 HAND DELIVERED Ms. Leslie Lamont, AICP Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Pitkin County Library Building Parking Requirement Dear Leslie: The old Pitkin County Library Building is presently under contract to Charles Moss and the OM Limited Liability Company. A satisfactory resolution of the building's parking requirement, and the approval of a code amendment to permit the building's use as a radio broadcast station, are condi- tions of the sale. An application to amend the conditional use provisions of the O, Office, zone district will be submitted later this week. The purpose of this letter is to address the building's parking requirement. As you know, City Council Ordinance No. 15-90 requires the purchaser of the library to mitigate any increase in the building's parking requirement resulting from its conversion to office use. The ordinance stipulates that the amount of parking required is to be based on the applicable provisins o of the Land Use Regulations, and that mitigation may be accomplished via a cash -in -lieu payment. As Table 1 below indicates, the existing library building contains a total of seven thousand five hundred and ninety (7,590) square feet of net leasable area. Based on the O, Office, zone district's parking requirement of three (3) spaces per one thousand (1,000 square feet of net leasable area, twenty-three (23) parking spaces would theoretically be required to meet the office needs of the building. Table 1 Net Leasable Floor Calculations 1. Gross Building Area (Sq. Ft.)' 8,120 4,150 Basement 3,970 Ground Floor 230 East Hopkins Avenue . Aspen. Coicraoo 81611 • 303,925-6958 Ms. Leslie Lamont, AICP November 20, 1991 Page 2 2. Net Leasable Area (Sq. Ft.) 7,590 Basement 3,790 Ground Floor 3,800 I All numbers rounded to the nearest ten (10 ) square feet. only one (1) parking space is presently provided on the library property, due most likely to the absence of an on - site parking requirement when the building was constructed. It is our understanding, however, that the parking area located adjacent to the west side of Paepcke Park was originally intended to serve the library. The area in question contains approximately nineteen (19) spaces, and is located outside of the Garmish Street right-of-way. These parking spaces, in conjunction with the significant amount of on -street parking available in the immediate site area, are believed to have adequately served the library since its construction. The history of the Garmish Street parking area is presently being researched by Chuck Vidal, the County's representative with respect to the sale of the library building. While the results of this research are incomplete, an improvement map (file #840-8) of Paepcke Park dated May 261 1970, has been located in the City's Engineering Department which depicts the parking area. The map appears to have been prepared after the library was constructed in the late 19601s. While the Land Use Regulations do not provide a parking generation factor for public land uses (parking for such uses is established by special review), the parking requirements of the old library were arguably greater than the theoretical needs of the proposed office use. As the library's parking appears to have been adequate, and no expansion of the existing building is proposed by the purchaser, no additional parking would appear to be required. As a result, no mitigation by the purchaser is required at this time. As we discussed, I would appreciate it if you would schedule this matter for City Council's December 9, 1991, agenda, as the sale of the building is scheduled to close on December 18. Permission for the purchaser to request the Council's clarification of the building's parking requirement is provided below. Ms. Leslie Lamont, AICP November 20, 1991 Page 3 Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Very truly yours, VANN SSOCIATES, INC. Sunny VarAICP SV:cwv Permission to apply: t � l C.A. Vidal, Chairman Pitkin County Library Board as agent for Pitkin County • • EXHIBIT 1 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PROJECT: APPLICANT'S REPRESENTATIVE: LiY� V\- zr o REPRESENTATIVE'S PHONE: OWNER'S NAME: �� kJr! ' SUMMARY I. Type of Application: of dpvelonment being requested: 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments 4. Review is: (P&Z Only) (CC Only) (P&Z then to C 5. Public Hearing: , (YES), (NO) 6. Np umber of co ies of the application to be ubmitted: 7. What fee was applicant requested to submi 8. Anticipated date of suLmissi• n:� 9. COMMENTS/UNIQUE CONCERNS: frm.pre_app ®Commonwealth© Land Title Insurance Company COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Ej4ecti.ve date: 10/22/91 @ 3:27 P.M. 2. P of i e y on p o.Uc.-i." to be. y,su,ed : (a)ALTA Ownen',S PotZcy-Fo Lm B-1970 (Rev. 10-17-70 E 10-17-84) on 10/21/87 PROPOSED INSURED: CHARLES B. MOSS, JR. (b )ALTA Loan Po-2,LCY, (REV. 10-21-87) PROPOSED INSURED: (c)Atta Loan Co►v,#n.ucti.on POt-.-cy, 1975 (Rev. 10-17-84) PROPOSED INSURED: EXHIBIT 2 Caere No. PCT-3477 C5 Amount $ 825,000.00 P&e mi.u.m $ 1, 9 3 6. 7 5 Amount $ P&e.mi u.m $ Amount $ Pn,e.m-i um $ Tax, C end . $ 3. Titte to the FEE SIMPLE "tale o.,L Zntege_6t in, the t2and de,&cA.Zbed on, &e4 e�v&ed to .i M tkj_�& Commitment j_6 at the e_4b ec 'Lv e date he-'Le04 v "ted Zn THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO. 4. The hand n e4 en.n,ed to -_m th.i,6 Commitment 4-6 d"cA_i.b ed a�6 4 ottow-6: PLEASE REFER TO EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Cou.nte4,6Zgned at: PITKIN COUNTY TITLE, INC. Schedu.te A-PG.1 601 E. HOPKINS Th-i-6 commitment Z4 .4_rLvat_i.d ASPEN, CO. 8 1 6 1 1 u n-P-"A t-h.e- I n,6u A i-ng 303-925-1766 Pn,ovi_.6-i.o" and Schedu " Fax 303-925-6527. A and B awe, attached. Au th o-,L.ZZ ed o444_c_e,,L on agent ®Commonwealth. Land Title Insurance Company EXHIBIT "A„ THE EASTERLY 20 FEET OF LOT M, ALL OF LOTS N AND 0, BLOCK 66, AND THE SOUTHERLY 10 FEET OF THE VACATED ALLEY THROUGH THE BLOCK ADJACENT AND CONTIGUOUS TO SAID LOTS N AND 0, AND THE EASTERLY 20 FEET OF LOT M, BLOCK 66, CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO Commonwealth. Land Title Insurance Company SCHEDULE B-SECTION 1 REQUIREMENTS The 4 oZtowirtg an e the n egu�cn emcnt-6 to be, comp. -zcd with: ITEM (a,) Payment to 0_,L ti on, the a,ccou,n,t ob the gna.nton,6 0.,L monct9a9on,--5 o j the 4 utt co► -,s�-de.,t ion, 4 on, the eta to o.,L Ln te, eat -to be, Ln,6u n-ed . ITEM (b) P&open, ,i"t tLment(,$) cn,ea.t.i.n.g the ¢✓state on. .-ntene6t to be --n-su , ed mint be. executed an,d duty 4 �-ted 4 on &econ d to -w- t : 1. R"otu,t-ion, by the Board of Cown_ty Comm. ,biome ,6 o4 Pithi.n. County, Cotona.do, an,d/on ev-i.den,ce sati-,sda,cto-,y to P�th-i.m. County T-i tte., In.c.. , ar,d CommonnweaUk Land Tit2e Irvsunan.ce Company, that the Efecton.ate approve 04 the �aQ.e and -&Lb-6egu,emt conveyance,- 2 . Deed, executed by the Ch tLjLman ob the Soan,d o4 County C ommj,6-6 i-onenJs o4 PZtU-rL County, Coto Lad o To : Chantey B . MGdA, J&. 3. CeAtc-4 c.cate o4 Nom4o.,eL9m. Status of Tnan-6jen,on 3Z9ned by Tna"j en.on. 4. Ev-i.dense -6at4�ja.c�to&y to the Compa-ny t-hxLt the Re L-t E�stxte T,%a"4e, Tax a s ¢--stabt-i-shed by On d�-m.a,m,ce No. 20 (S e-k i." od 1 9 7 9) and On dinanc,e N o . 13 (S en.i." o j 1 9 9 0) ham been pa -id o.,L exempted. 5. Ev i.dence Ao-t i 4cLcto&Y to the Company that the Recta a-tLon od Sa-te, Not- c-e- to CowrLty A-6.6"-$,on,, a-6 negu.in,cd by H.S. 1288, NotLce to County A�Z"Aon , ham beer, comp.Ued w.i th. a.m.d that m.o 4 e," o.,L peitia.Q. ,i," ex.i�t o& an e cua,,Lent ty due. Tk,Lz commZtment Z-S Lmvat. ,d u.n-Ze�,6 Schedute, S-Sect i.om. 1 PG . 1 the In.6uALmg Pn,OVZAtion,6 and Schedur2.e6 Commitment No. PCT-3477 C5 A a-nd 13 an.e attacked. IACommonwealth. 0 Land Title Insurance Company SCHEDULE 8 SECTION 2 EXCEPTIONS The pot-Lcy 0,,L pot-jc-Z" to be .v6-6ued watt? cont,a,i.n e.x.ceptLo" to the 4 ot,tow-i,mg u,n-te--S,6 th.e, same, aw e, d�po-6ed of to tke. sa, . 4a,c i3Om 04 the. Company: 1 . R--ghtls on cta i.mA o4 pant i.e� i n po��e��a on not -shoWn by the pubQ.i.c nec,ond,s. 2. Ea.6e-ment,6 , o.,L ct.a.i,m,6 o4 a a3ement�s , nod. .shown by the. pubt-;-c necond-s . 3. Di,,6C�c.e.pa mcZe-6 , c on{ t Lc t-6 �-n b oundmpLy .Un", Ahontag e a m area, en.c,,Loachment--S , and any 4 a.c t,6 wh Lch a, cones ec t Au-,Lv e.y a and i." p ec t i-om 04 the pnemZ,6" would d-vzct'oze and whi-ch are not zhown by the pubti.c. n,econd,s . ion �e�c v 4. Any .e,i.en, on ,r Zght to a i cep , ea b on on mat e�icv� he,Le-.o 4 one. on he,.ea4 ten j u�r.n.i,6hed , --mp o,6ed by taw and not 6hown by the pubt i c n.ec.ondz . 5. D e-4ect,6 , tZe-►vs , encumbnamc." , ad v ewe cQ."-6 on other matte n-z , any, c.,Leated , 4.fit ap p ea 4,4-mg a.n the pub2.i.c necond s on a tt.a.cha.ng ,5u.b se.qu,e.nt; to the e.44ect Lve, date. he�r.eo4 but pn i..on to the. date th.e. pnopoAed --n suned acqu in.e6 of necond don va.2ue, the vJ,tate on i ntene�� on moAt.gag e thereon co v erred by th�i-6 C ommatment. 6. Tax." due and pmya,btc; and any tax., -,pec i.at change. on t.Le,m -i.mpo,6ed j on water on Aewen -6e,,Lva.ce on tS on any other 6PeC La-t tax,Lng d-iJs#ter i.ct . 7. R"e.,LvatUo" a s con ta-i n.e.d .i-n Mayo4us Deed' ,6 ,re-co&ded im Book 23 at Page 20; pooh, 23 at Page 105 and a_n Book 59 at. Page 14 " 4o.t t'oWS: That no t i tt.e aka t'..Q. be- heneb y acqu,,L c e-d to any mane o4 g ot-d , ,s,Uv en,, c i-mn,aba L on Co p p en on to any vaUd m. -m Lng ctaZm on po,s-6",6a.on hetd under. ex,i Ling taw-6. 8. Ter,mz , cond--t one , nest L i c t-i.on-6 amd n"envat Lomz a.s -se-t 4 on ih. --m Ond-Ln,amce. No. 2 (Sen.i." o4 1961) vacati►tig, atte.y --m B-toc-k 66, recorded --m Book 194 at Page 7. 9. Ter,m�, condi i.o►v6, &"t Lct i,on-6 and ne &e�r.vat i,on s o4 ea,6ement.6 and n,Lgi t o4 way a-,s Ae.t 6 onth i m Deed n econded �-m Book 2 0 2 at Page 429. 10. Term-6, condi Zon-s, &"t-n i..et-Lo",—,L"envatZo►vs, prov.r-sa_o► z and o b.t'.,i.gat i..on-6 " set 4 onth -i m Ond--nance No. 8 8 - 6 ap pro va.ng an ea"eme.nt. upon, County Land, recorded Zm Book 593 at Page 529. 1 1 . T enxnA , cond-rt i.o►vs , ,L"envat,-o► ,6 , pro v.i- Lo" and obta,ga ti,on-6 " met d oAth in Easement Agreement recorded June 5, 1991 --m Book 647 at Page 767. Thi,6 commitmemt -v& -i.nva -Ld unt",6 Sch_edut e- S-Sect i.on 2 PG. 1 the I"un-i,ng Pnovi-6a-o" and Schedut" Comm-rt.ment No. PCT-3477 C5 A and B an-e. attacked. EXHIBIT 3 November 21, 1991 HAND DELIVERED Ms. Leslie Lamont, AICP Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Apply Dear Ms. Lamont: Please consider this letter authorization for Charles B. Moss to apply for conditional use approval to locate a radio broadcast station in the old Pitkin County Library building located at 120 East Main Street. As the prospective purchaser of the property, Mr. Moss is hereby authorized act on the Pitkin County Library Board's behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Sincerely, //, X-t C.A. Vidal, Chairman Pitkin County Library Board as agent for Pitkin County SV:cwv • 0 EXHIBIT 4 #3213699 1-2/11/91-) 14:35 Rec $20-00 Hf 635 PG 606 Silvia Davis, Fitkin Cnty Clerk:, Doc $.(-)(-) ORDINANCE NO. 15 (SERIES OF 1990) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A MAP AMENDMENT AND VESTED RIGHTS FOR THE LIBRARY PARCEL, 120 EAST MAIN FOR LOTS N, O, AND PART OF M, BLOCK 66 WHEREAS, pursuant to Section 7-1103 of the Aspen Land Use Code, a development application for an amendment to the Official Zone District Map may only be submitted on or prior to February 15 or August 15; and WHEREAS, the applicant requested the Commission to waive the rezoning deadline; and WHEREAS, the applicants requested a map amendment to rezone the library parcel from public to office; and WHEREAS, the applicants also requested a GMQS Exemptio.t)for a change in use to convert the building from a public use to an office use; and WHEREAS, a duly noticed Public Hearing was held by the Aspen Planning and Zoning Commission (hereinafter "Commission") on February 6, 1990 to consider the application for a change in use and map amendment, at which time the Commission reviewed the application; and WHEREAS, the Commission considered the representations and commitments made by the applicant and approved the change in use, sponsored the rezoning application and recommends the map amendment; and WHEREAS, the Commission recommends to City Council the map amendment with the following condition: 1. Prior to the issuance of a building permit or a #328699 12 90 1 4: 35 R e c $20. ()0� PF;: 6�PG 607 Silvia Dav Pitkin Cnty Cler1:, Doc .��i Certificate of Occupancy (whichever is required) the purchaser shall ultimately be required to provide parking in accordance with the Code provision or may be provided through cash -in -lieu and employee housing acceptable to the Housing Authority using the formula indexed to the current Housing guidelines and the change in use provision in the Aspen Land Use Code. It should be noted that the Library has received credit for their existing employees as part of the Rio Grande SPA approval. This means that the user of the Library building must mitigate all of the employees associated with the new use. The Housing Authority Guidelines establish a generation rate of 3 employees/1000 square feet in the Office Zone. WHEREAS, the Aspen City Council having considered the Commission's recommendation for a map amendment does wish to grant a map amendment approval with the above mentioned condition. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1• That it does hereby grant a map amendment for the existing library parcel 120 East Main Lots N, O, and part of M, Block 66. Section 2: That it does hereby grant a map amendment with the previously mentioned conditions recommended by the Aspen Planning and Zoning Commission, for 120 East Main. Section 3• That is does hereby grant Vested Rights for this map amendment for a period of three (3) years from the effective date hereof in accordance with the terms and provisions of Section 6- 207 of the Aspen Land Use Code. 2 #328699 / 1 1 / 9(- i 14: 35 Rec Vis, 0635 PG 808 Silvia Fitl::in Cnty Clerk, Doc $.Q(-) Section 4: That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 5: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 6: Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 7• A p . is hearing on the Ordinance shall be held on the 9 day of r , 1990 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of , 1990. William L. Stirling, Mayor 3 #*99 1 C/ 1 1 /90 14: 3c Rec $71CRoO Bf::: 635 PG 809 Silvia Davis, Fitk:in Cnty Clerk:, Doc ATTgST: Kthry Koch, City Clerk ,FINALLY, adopted, passed and approved this 3 day of 1990. William L. Stirling, May :I�3hrn Koch, City Clerk �1%cc.library In PUBLIC NOTICE RE: TEXT AMENDMENT TO CHAPTER 24 OF THE MUNICIPAL CODE -ASPEN LAND USE REGULATIONS NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, December 17, 1991 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, 2nd floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by Charles Moss requesting approval of a Text Amendment to the Aspen Land Use Regulations. The applicant proposes to amend Section 24-5-213.C. Office Zone District -Conditional Uses to include a Radio Broadcast Station as a conditional use. At the same time the applicant requests Conditional Use Review approval in order to locate the KSPN Radio Station and satellite dishes at the former Pitkin County Library building located at 120 East Main Street, Lot N, a and the eastzrll 20' of Lot M, Block 66. The property is zoned Office. Conditional Use approval will be contingent upon approval of the code amendment by the City Council. For further information, contact Leslie Lamont at the Aspen/ Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5090. s/Jasmine Tygre, Chairman Planning and Zoning Commission Published in The Aspen Times on November 28, 1991. City of Aspen Account 0 0 ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 FAX# (303) 920-5197 December 2, 1991 Sunny Vann Vann Associates 230 East Hopkins Avenue Aspen, CO 81611 Re: KSPN Code Amendment & Conditional Use Review Case #A65-91 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 for review at a public hearing by the Aspen Planning and Zoning Commission on December 17, 1991 at a meeting to begin at 4:30 p.m. Should this date be inconvenient for you please contact me 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. Please note that it is your responsibility to mailing notice to property owners within 300' and to post the subject property with a sign. Please submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing prior to the hearing. If you have any questions, please call Leslie Lamont, the planner assigned to your case. Sincerely, Debbie Skehan, Office Manager • Y YWET D A Y TO: City Engineer HPC FROM: Leslie Lamont, Planning Office RE: KSPN Code Amendment and Conditional Use Review DATE: November 29, 1991 Attached for your review and comments is an application from Charles Moss, Jr. requesting approval of a Code Amendment to allow a radio station as a conditional use in the office. Please return your comments to me no later than December 6th. Thanks