HomeMy WebLinkAboutcoa.lu.ca.KSPN Code Amendment E Main St.A65-91
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CASELOAD SUMMARY SHEET
city of Aspen
DATE RECEIVED: 11~22f91
DATE COMPLETE: 11 / _:}, er )
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PROJECT NAME:. 1'1Lld~ ('g'l~t" T ~Ja:E'a:E'v Code Amendment
Project Address: Main Street. Aspen. CO 81611
Legal Address:
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APPLICANT: Charles Moss,~r-
Applitant Address: '
PARCEL ID AND CASE
2735-124-iS-oo ;R
STAFF MEMBER: LL
NO.
A65-91
& CU
REPRESENTATIVE: Sunnv Vann. Vann-Associates.'Inc
Representative Address/Phone: 230 East Hopkins Avenue
Aspen. CO 81611 925-6958
PAID: (YES) NO AMOUNT: $1640
TYPE OF APPLICATION:
1 STEP:
NO. OF COPIES RECEIVED 2/2
X
2 STEP:
HEARING: ~
RIGHTS:
NO
P&Z Meeting DateCS> r ~ l==t
PUBLIC
CC Meeting Dat~l~\
PUBLIC HEARING:
YES N9,
d-..aJl! rdL
@ NO
VESTED
VESTED RIGHTS:
YES
NO
Planning Director Approval:
Insubstantial Amendment or Exemption:
Paid:
Date:
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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 Inspecto~ I I~/>
Roaring Fork ~ Other ~L/
Energy Center '
DATE REFERRED: J::l !J hi INITIALS: JJf-
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___ City Atty ___ City Engineer ___Zoning ___Env. Health
___ Housing . Other:
FILE STATUS AND LOCATION:
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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,
SV:cwv
cc: Leonard M. oates, Esq.
Charles B. Moss
230 East Hopkins Avenue' Aspen, Colorado 81611 .303/925.6958
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MEMORANDUM
FROM:
Aspen Planning and Zoning commission
Leslie Lamont, Planning
Office Zone Text Amendment for a Broadcasting station -
section 24-5-213 C. and Conditional Use Review
TO:
RE:
DATE:
December 17, 1991
===============================================
SUMKAllY: 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
in the newspapers at the Commission and Ordinance
procedures at Council.
A conditional use review is a one step to the Planning Commission.
noticing
adoption
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 COMMENT'S:
A. Backqround: Pitkin County received a rezoning (froIlt 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.
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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,
ereaEleastiR'lJ statioR, church, dance studio, florist,
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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.
AIIIended languaqe 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 str~,'
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9. Broadcastinq 8~.&~o.
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
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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.
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RESPONSE: The conditional use complies with all other aspects of
the Comprehensive Plan and the elements of Chapter 24 of the
Municipal Code.
RECOMKElllDATJ:ON: 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 th~COndition.S"'triat any exterior
impr';lvements shall be reviewed b. the H).storic Preservation
Comm1ttee. ~~
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VANN ASSOCIATES, INC.
Plan n i ng Consu Itants
DEC-S
DecembeJ;' 6, 1991
BAND DEL:rvERED
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 0, 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
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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 0,
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
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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.
SV:cwv
Attachments
:
cc: Chuck Vidal
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EXHIBIT 1
30
CITY,
March 8, 1.991.
Mr. fim Whitsitt
Pitkin county Attorney
530 East Main street
Aspen, Colorado 816l1.
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 1.ibrary, it has been suggested
that I provideyou~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
p1.an 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.
Council did not; however, forgive or waive specific housing
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 ~eet 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 trUl.y yours,
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Edward M. Caswall
City Attorney
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Pitkin County
December 6, 1991
Ms. Leslie Lamont
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
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 COmrry COMMISSIONERS
~t:::ridge.
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Administration
530 e, Main, 3rd Floor
Aspen, CO 81611
(303) 920-5200
FAX 920-5198
COunty Commissioners
SuftaB
506 e, Main Street
Aspen, CO 81611
(303) 920-5150
County Attorney
Suttel
530 E, Main Street
Aspen, CO 81611
(303) 920-5'90
Personnei and Finance
SuiteF
530 e, Main Street
Aspen, CO 81611
(303) 920-5220
Transportation
Faciiities
76 Service Center Road
Aspen, CO 81611
(303) 920-5390
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V ANN ASSOCIATES, INC.
Planning Consultants
November 21, 1991
HAND DELIVERED
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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 subs.equently rezoned the property
to 0, 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 righ~ in
the 0, 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
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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 0, 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 0, 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 0, 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
1 imi ted solely to broadcasting stations. The Planning
Office, however, may wish to consider the appropriateness of
removing the historic landmark requirement for all commercial
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Ms. Leslie Lamont, AICP
November 21, 1991
Page 3
uses which are presently permitted as conditional uses within
the 0, 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 0, 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 0, Office, and LP, Lodge Preservation. paepcke
Park is zoned P, Park, while the area behind the library is
zoned R-6, Residential. The property is located in the so-
called Main Street Historic Overlay District. The library
building, however, has not been individually designated.
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.
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Ms. Leslie Lamont, AICP
November 21, 1991
Page 4
Table 1
Net Leasable Floor Calculations
1. Gross Building Area (sq. Ft.)1
8,120
Basement
Ground Floor
4,150
3,970
2. Net Leasable Area (Sq. Ft.)
7,590
Basement
Ground Floor
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 PIan, 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 0, Office, with scattered
parcels zoned LP, Lodge Preservation. The various commercial
uses presently located along the corridor are consistent with
the purpose of the 0, 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 c;onsistent with the Main
Street corridor's existing land use pattern and the existing
zone district.
2) "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 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.
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Ms. Leslie Lamont, AICP
November 21, 1991
Page 5
3) "The 10cation, 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 0, 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 0, 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,
SV:cwv
Attachments
~
r-.
EXHIBIT 3
VANN ASSOCIATES, INC.
Planning Consultants
November 20, 1991
BAND 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 0, 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 provisions
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 0,
Office, zone district's parking requirement of three (3)
spaces per one thousand (1,000 square feet of net leasable
area, twenty-tnree (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
Basement
Ground Floor
4,150
3r970
230 East Hopkins Avenue. Aspen,Coiorado 81611 .303/925-6958
~
~
. '
Ms. Leslie Lamont, AICP
November 20, 1991
page 2
2. Net Leasable Area (Sq. Ft.)
7,590
Basement
Ground Floor
3,790
3,800
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 adj acent 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 26, 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 1960's.
While the Land Us~ 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.
,~
r-'"
. .
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,
, AICP
SV:cwv
permission to apply:
("#~
C.A. Vidal, Chairman
Pitkin County Library Board
as agent for Pitkin county
,-.,
,.....",
EXHIBIT 1
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PROJECT: c')l ~ ~ \ L,)f'()'A"~
APPLICANT I S REPRESENTATIVE J~ \J D.../v\
PHONE:
OWNER'S NAME:
1.
SUMMARY
Type of Application: +!Vrl ~V\'\(Q ~'Yi ~
2. . Describe action/type of development being requested:
~~ t~^A ~ffp~Q ~dJA~ --f~.(1VYiA~
Q : f~ ~~;:] :;~0"'tt~ ~~
t o. ~~ nc'" ~.". __ ~\~__~, ,k " ~
3. Areas is which Applicant has been requested to respond, types
of reports requested:
Policy Area/
Referral Aaent
'hvf ./
Comments
4.
Review is: (P&Z( only) (CC only) C(P&Z then to~
Public Hearing: \ ~ (NO) n
Number of copies ~lication to be,lubmitted: ~
What fee was applicant requeste~l\to sUbmi-l:' ) ~1 0
Anticipated date of sUbmission:'\\15'\J _ fA \
COMMENTS/UNIQUE CONCERNS:
5.
6.
7.
8.
9.
frm.pre_app
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.~
r1iii 'Commonwealth.,
c;;;J Land Title Insurance Company
EXHIBIT 2
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. EH e.cUv e. da.:te.: 1 0/22/9 1 @ 3: 27 P. M.
C~e. No. PCT-3477 C5
2. Po~cy o~ po~cL~ ~o be. ~~~e.d:
(~)ALTA Ow~~'~ Po~~cy-Fo~ B-1970
(Re.v. 10-17-70 & 10-17-S4) o~ 10/21/S7
PROPOSED INSURED: CHARLES B. MOSS, JR.
Amo~ $ S25,000.00
p~e.mLum $ 1,936.75
{b)ALTA Lo~ Po~cy,
(REV. 10-21-S7)
PROPOSED INSURED:
Amo~n.:t $
P~e.mLum $
(c}A~ Lo~ Co~~cUo~ Po~cy, 1975
,(Re.v. 10-17-S4)
PROPOSED INSURED:
Amo~ $
P~e.mLum $
T~x. CVL.t.. $
3. Tute. ~o ~1Le. FEE SIMPLE ~.ta;te. o~ -i.n;t~~~ L~ ~e. .ta..~d d~CALbe.d o~
~~ eNLe.d ~o -Ln. ~ C ommLtme.n-t. ~ a.:t ~e. ~ ~ e.cUv e. da.:te. lL~e.o~ v ~~e.d
..tn.:
THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO.
4. TILe..ta..n.d ~~ ~"-e.d ~o L~ ~h-U. CommLtme.n-t. ~ d~CALbe.d ~ ~ oUow~:
PLEASE REFER TO EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Co~n.:t~L9~e.d a.:t: PITKIN COUNTY TITLE, INC.
601 E. HOPKINS
ASPEN, CO. S 1 6 11
303-925-1766
F~x. 303-925-6527,
SclLe.du.-te. A-PG.l
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~n.t~~ ~1Le. I ~tvL-i..n.9
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~ Land Title Insurance Company
EXHIBIT "A"
THE EASTERLY 20 FEET OF LOT M, ALL OF LOTS NAND 0, BLOCK 66, AND THE
SOUTHERLY 10 FEET OF THE VACATED ALLEY THROUGH THE BLOCK ADJACENT AND
CONTIGUOUS TO SAID LOTS NAND 0, AND THE EASTERLY 20 FEET OF LOT M,
BLOCK 66, CITY AND TOWNSITE OF ASPEN.
COUNTY OF PITKIN,
STATE OF COLORADO
.~
,'-""
ria Commonwealth..
~ Land Title Insurance Company
SCHEDULE B-SECTION 1
REQUIREMENTS
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Sc..he.d~e. B-Se.c..t-Lon. 1 PG.l
Comm-Ume.n.-t. No. PCT-3477 C5
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rriiI' Commonwealth.,
~ Land Title Insurance Company
SCHEDULE B SECTION 2
EXCEPTIONS
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Sc.he.du.tl!. B-Se.e.:t.Lon. 2 PG.l
CommL.:tml!.n.:t No. PCT-3477 C5
,-,
,-,
EXHIBIT 3
November 21, 1991
BAND DEL:IVERED
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,
/2l/~
C:A. Vidal, Chairman
Pitkin County Library Board
as agent for Pitkin county
SV:cwv
r--,
~
EXHIBIT 4
#328699 12/11/90 14:35 Ree: $20.00 BK
Silvia Davis, Pitkin Cnty Clerk, Doe:
635 PG 806
$.00
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, 0, AND PART OF M, BLOCK 66
WHEREAS, pursuant t9 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'Ex~mpt~~~for
, ':"
a change in use to convert the building from a public us~ 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 14, 35 Rec $20. (><). BfC
Silvia Davi., PitkinCnty Clerk, Doc
r-.
6, PG
$.00
Bt:l7
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.
vffiEREAS, the Aspen city Council having considered the
commission I 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, 0, 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~/11/90 14:35 Rec $20.00 ~~35 PG
SIlvIa ~avis, Pitkin Cnty Clerk, Doc $.00
aoa
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 ~iC ~earing on the Ordinance shall be held on the 77
day Of~, 1990 at 5:00 P.M. in the city Council Chambers,
Aspen city Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published one in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as
by the city Council of the city of Aspen on the
~ , 1990.
provided
/,:}wJ
by law,
day of
~,y~
willram L. Stirling, Mayor
3
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1t3_ 699 12/11/90 14:35 Rec $20.00 BK 635 PG 809
Silvia Davis, Pitkin Cnty Cler".,', Doc $ ()-
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l{.athry~: ,/Koch, City Clerk
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,FINALLY, adopted, passed and approved this day of
q;~, 1990. ~, Y
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City Clerk
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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, 0 and the easterly 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 Tvqre. Chairman
Planning and zoning Commission
Published in The Aspen Times on November 28, 1991.
------=======---===========
city of Aspen Account
"-..,,
1""\
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
1"'.
i"""'I
MEMORANDUM
TO:
City Engineer
HPC
FROM:
Leslie Lamont, Planning Office
KSPN Code Amendment and Conditional Use Review
RE:
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