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HomeMy WebLinkAboutcoa.lu.ca.Church Cond Use Day Care Center.30A-87Churlia;galase.:� Offi� e Zorn � C ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 925-2020 LAND USE APPLICATION FEES City 00113 - 63721 - 47331 GMP/CONCEPTUAL - 63722 - 47332 GMP/PRELIMINARY - 63723 - 47333 GMP/FINAL - 63724 - 47341 SUB/CONCEPTUAL - 63725 - 47342 SUB/PRELIMINARY - 63726 - 63727 - 47343 - 47350 SUB/FINAL ALL 2-STEP APPLICATIONS �, Li y D - 63728 - 47360 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES: 00125 - 63730 - 47380 ENVIRONMENTAL HEALTH 00123 - 63730 - 47380 HOUSING 00115 - 63730 - 47380 ENGINEERING SUB -TOTAL County 00113 - 63711 - 47431 GMP/GENERAL - 63712 - 47432 GMP/DETAILED - 63713 - 47433 GMP/FINAL - 63714 - 47441 SUB/GENERAL - 63715 - 47442 SUB/DETAILED - 63716 - 47443 SUB/FINAL - 63717 - 47450 ALL 2-STEP APPLICATIONS - 63718 - 47460 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES: 00125 - 63730 - 47480 ENVIRONMENTAL HEALTH 00123 - 63730 - 47480 HOUSING 00113 - 63731 - 47480 ENVIRONMENTAL COORD. 00113 - 63732 - 47480 ENGINEERING SUB -TOTAL PLANNING OFFICE SALES 00113 - 63061 - 09000 COUNTY CODE - 63062 - 09000 COMP. PLAN - 63066 - 09000 COPY FEES - 63069 - 09000 OTHER SUB -TOTAL Name: � �/{Ar M. ,_ { TOTAL 49 wv,6 tff 74ves7nC"t/� Phone: Address: -D• D D5a Project: Ctivr(C-04d" -MAI 5e cv ft souen,CD A imdrotni Check# r ! �' Date: AL,10)t11,j J Additional Billing: # of Hours: DATE RECEIVED: �oZ/ DATE COMPLETE: PROJECT NAME:1Z Project Address: APPLICANT. f /UrjL ApplicantAddress': CASELOAD SUMMARY SHEET City of Aspen PARCEL ID AND CASE NO_ 3 Q/q -� STAFF MEMBER: �� J fv ih /% ��i� -e Z10" V REPRESENTATIVE: 00-ri 2 t_ I le✓) rt0.m i t't0 Yl Representative Address/Phone: 66/ E . Z4,407ar TYPE OF APPLICATION: C.00�� 11)13-7 er7(.�HI erg PAID: YES NO AMOUNT: // Zt PO • OO 1 STEP APPLICATION: P&Z MEETING DATE: -/ 93 PUBLIC HEARING: YES NO DATE REFERRED: l - INITIALS: 2%STEP APPLICATION: CC MEETING DATE: PUBLIC HEARING:( DATE REFERRED: INITIALS: r� ES NO P� ------ REFERRALS: City Attorney Mtn. Bell School District City Engineer Housing Dir. Aspen Water City Electric Envir. Hlth. Aspen Consol. S.D. Parks Dept. Holy Cross Fire Marshall Fire Chief Roaring Fork Transit Rocky Mtn Nat Gas State Hwy Dept(GW) State Hwy Dept(GJ) B1dg:Zon/Inspect Roaring Fork Energy Center Other -- - -------------- -------- FINAL ROUTING: DATE ROUTED: INITIAL: City Atty City Engineer ✓ Bldg. Dept. Other: / FILE STATUS AND LOCATION: Iorwcol .i:\►Dili W, TO: Aspen City Council THRU: Robert S. Anderson, Jr., City Manager FROM: Steve Burstein, Planning Office AK RE: Second Reading of Municipal Code Amendment: Church and Daycare Center in Office Zone District DATE: December 14, 1987 SUMMARY: The Planning Office and Planning and Zoning Commission recommend Council to approve Ordinance 56- (Series of 1987) on second reading. PROPOSED CODE AMENDMENT: Mary Webster is requesting that a church be added as a conditional use for designated historic landmarks in the O - Office Zone District. This privately initiated code amendment was sponsored by the Planning and Zoning Commission for the purpose of relief from the semi-annual application dates. City Council initiated a code amendment to add a daycare center as a conditional use for all structures in the O - Office Zone District. PRIOR COUNCIL AND COMMISSION ACTIONS: On October 20, 1987 the Aspen Planning and Zoning Commission unanimously recommended to City Council to amend the Zoning Code to add church as a condi- tional use for historic landmarks in the Office Zone Dsitrict and make daty care center a condtional use in the office Zone Dsitrict for all structures. City Council approved first reading of Ordinance 55 (Series of 1987) on November 9, 1987. PROBLEM DISCUSSION: A. CHURCH CONDITIONAL USE: The Planning Office has the follow- ing comments in response to the rezoning and zoning code amend- ment evaluation criteria stated in Section 24-12.5(d) of the Municipal Code: 1. Criteria: Compatibility of the rezoning proposal with the surrounding zone districts and land use in the vicinity of the site, considering the existing neighborhood characteris- tics, the applicable area and bulk requirements, and the suitability of the site for development in terms of on -site characteristics. Response: The Office Zone District encompasses Main Street and approximately four blocks flanking the commercial core on the east and west (see map attached). The intent of the zone district is "... to preserve the visual scale and character of formerly residential areas that now are adjacent to commercial and business areas and along Main Street..." Historic structures within the O zone are principally along Main Street. A mix of uses - including residences, offices, lodges, boardinghouses, and a variety of generally low intensity retail commercial uses - occur both within historic structures and in adjacent non -historic structures. Staff agrees with the applicant that the church use is principally compatible with both the residential and nonresidential uses in the zone district. The use should lend itself to preservation and maintenance of historic structures. While a church is not a commercial use, it can have some of the same impacts as commercial uses, such as traffic generation, parking demand, noise generation and special signage or lighting. However, churches are typical- ly not intensively used on a daily basis; and they can be fairly low-keyed in both the size of operation and degree of advertising/image display. Churches are a traditional component of a residential neighborhood; and, in this respect, they may contribute to or be compatible with the residential character of Main Street. In general, we find that a church should not negatively impact the visual character or use intensity of Main Street. It should be noted that the conditional use review requires case by case determination by the Planning and Zoning Commission of the use's appropriateness for a specific location and historic structure. Consequently, at a public hearing specific aspects of compatibility would be reviewed. This zoning code amendment would allow application to be made, but should not be construed as approval for any particular conditional use. 2. Criteria: Impacts of the rezoning upon expected traffic generation and road safety, availability of on- and off- street parking and ability to provide utility service in the vicinity of the site, including an assessment of the fiscal impact upon the community of the proposed rezoning. Response: Churches can be high traffic generators and require significant parking. The parking requirement in the O zone district is 3 spaces/1,000 square feet for non- residential uses, with as few spaces as 1.5 spaces/1,000 square feet permitted by special review of P&Z. A higher parking requirement may be needed for a church use, to be considered as a part of the conditional use review depending on number of pews, proximity to congregation members who would walk, and alternative transportation. As noted by the 2 applicant, churches on Main Street would be accessible by RFTA mass transit; and this may alleviate some automobile traffic. Acceptability of road safety impacts depends also on adequate drop-off and pick-up. Staff believes that these impacts can be adequately reviewed during the condit- ional use review. 3. Criteria: Impacts of the rezoning upon expected air and water quality in the vicinity of the site. Response: Impacts on air quality depend upon traffic aspects of a project and solid -burning stoves and fireplaces. This matter can be addressed at conditional use review. No water quality impacts are anticipated from a church. 4. Criteria: Analysis of the community need for the proposed rezoning and an assessment of the relationship of the rezoning proposal to the goal of overall community balance. Response: To our knowledge, all existing church facilities in Aspen are occupied. Churches are a conditional use in all residential zone districts and in the CC zone district. It appears that the need for churches is fairly minimal, depending on the organization, location, and availability of property. Considering the intent of an application, there appears to be some need for a church on Main Street. 5. Criteria: Compatibility of the proposed rezoning with the Aspen Area General Plan of 1966, as amended. Response: One of the objectives of the Aspen Area Comprehensive Plan: Historic Preservation Element is to encourage productive and economically attractive uses of historic structures. The historic preservation incentives program has added the bed and breakfast conditional use to the Office Zone District, in an attempt to find other appropriate uses for historic structures on Main Street. We believe adding a church to the conditional use table is also consistent with the plan as it can be an appropriate "adaptive reuse" for a historic residence. Another aspect of the Aspen Area General Plan, as amended, pertains to the intent to not allow Main Street to become a commercial strip. This is addressed in the compatibility discussion above. 6. Criteria: Whether the proposed rezoning will promote the health, safety and general welfare of the residents and visitors to the city of Aspen. Response: If the church conditional use assists efforts to preserve historic structures, we assert that this promotes Aspen's general welfare. 3 B.DAYCARE CENTER CONDITIONAL USE: The following comments on the daycare use pertain to criteria for rezoning and zoning code amendments. The criteria has been abbreviated since it is recited in full above. 1. Criteria: Compatibility with surrounding zone districts and land use in the vicinity. Response: Issues of compatibility of a daycare center in the Office Zone District include: traffic generation, parking, safe drop-off and pick-up, hours of operation, and size of operation. At the present time, daycare center is already a conditional use in the Office Zone District for designated historic landmarks. Issues of compatibility can be dealt with through the conditional use review as effectively for nonhistoric structures as for only historic structures. 2. Criteria: Impacts of rezoning upon expected traffic generation and road safety, availability of on- and off- street parking, utility service, and fiscal impacts. Response: Impacts on traffic, parking, utilities and the City's fiscal situation would not be substantially greater by making daycare center a conditional use for both historic and non -historic structures. 3. Criteria: Impacts on air and water quality. Response: No change in air and water quality should result from the proposed code amendment. 4. Criteria: Analysis of the community need for the proposed rezoning and an assessment of the relationship of the rezoning proposal to the goal of overall community balance. Response: Daycare center service has been identified as a very important, necessary and undersupplied service to the community. For this reason, City Council has proposed the code amendment so to allow daycare centers to occupy nonhistoric structures in the Office Zone District as well as historic structures. Community balance in terms of the growing number of young children would be served by loosen- ing the regulations on where daycare centers can be located. A question came up at the Planning and Zoning Commission hearing with regard to liquor license proximity to daycare centers. Kathryn Koch researched the matter and concluded that "preschools", including daycare centers, do not fall under the State Statutes that limit proximity between liquor license holders and daycare centers. (See memorandum 4 0`0" NO C4P000-I POA UM wttw CIPLOA ADO AtOtOrr ArKtr ICA% LAMD TV?LI Arac _sArVOM aMVr[a'a rot. ►rr-pose ♦ tow taw"Lwo .O .1 70 � I If f.'I I' 1 F. A nn...unlnf$ 241,000.0U 1'..I.:)1.• "/SOU%Ut, Itatrofl..It.% October 12, 1978+ 1 0l 3 !:01 P.M. i \�mr of In.nn d MAPY M. WL•BSTLJ: AND L'; G. SORENSFN lbr .•.141r .n .rur-1 .n Ih, land d. •• . 1L 1 h. rr.n and %htrh u 4-n%rrr4 h% thit, yo10" is IN FEE SIMPLE 3 The ..letr at taterr•a* rrf, rr.-rl +o herrut t. at Datr of Policy rued on: KARY M. WF.BSTER, as to an undivided ei..t,ty ppr-cent interest and LIS C. SORENSEN, as to an undivided twenty per -cent interest, as tenants in common ► IME No C-Otlo0.1 "p VW FIT" OOLOYOO IMGIC04 AMWIIICAN LAAf4 TITLE A&SC, '.IATION LOAN ►OI.KT t*Vo .AriMeC M IT !O PON %M Wl�" COLONA00 WMICY '..IwICAN LAMO TITLE ANOCIATIOM OWfta* S `OLKTVOM 6-99100 IAWiA tD N fT90, �, 1 11 F [1 1 I. F. A Con(inurd i iI. iaod rr6�rr..1 tII in thl. p.11• � I. AIInAI..; uI tl.. •.t, c! (s.totar!.I. (.c.ut::� a! r' t t it l ft An.l t. cir. rlbN as 64.1boms LOM. R A?C) L , E1UrK 18, C I n' AND '1[at 16 I ti. OF XcZ M FORM 01e16) C-00w 3 ,Or. U" WITH C..I OA.DCI "r :i0., AYERICAM LAND TITLE ASSOCIATION LOAM COIKV Ta1O Ca' rEMOSO Ia r1.}OI MO VRE W!TM COLORADO AL­C,N AWLR.CAN LAND TITLE AaaOCIA-1{Hr OIAMER e M :- ­iomw ♦9910 IAAsUBeMCO /0 IT-t101 � 1 11 1 11 1 1 1 11 'I I... Vol., A.,. e)..t In•Itn alcr.u•r low. (r .Irn:..t., ! r. A.•.,I ..l rhr f�IhIwIR! I Hlethlp or rlaim..11 I..rr1.• Ie) p....rs...a n.•1 .h... e) /,. 16r I•IJ•.Ic r•• ord.. 2. 1 asrrrlr•nl., o► claim. c•1 ra•rmr• IA. not ooisw ., Ir 16- pufillr r.•rr W . S. Dow rrpancira. "veto,. I. In lomw1Ar% hrer•.-1,twavr It, arra. no and am farts whirls a rov rrcI .unrI elect Itv{... I1..11 14 1Iw p,rol. wwIl.I .11•, I. an., .• hI. h Are n"I sh••T.rl M tlw public re -cord, 4. Ani lien. n► right le) A fire). Inc .. nWo. . lal"., got nulrrul herrl.d..rr IH hrrr.(1••1 furrlish►d, iwlprrrd h% law and not Amio,it h% the pubhc rr.or.l- 5. Iaare JII• and pa%ahl• . and any IA.. •I••-IAI n.. I.t.. •4.rc• fir., klIq...-.{ [.or wA1.r ur .rwr, ruin, or for am ollo r .1w. ul 14%11k; dl.Irr. I 6. fisservaticns and wcepti ns as rJOnt3:"I"I 1-1 thesl< ".:..U. prc erty in the City and Tteraite of Aspen, as fnl lo6-- "provided, that m title shall be hereby arrgaired tc. arry R:r>le of gold, silver, cirviabar, or x;lper o: w any vajid nurun:l claim or possession helea rder exist- utKj laws; and provided further that the grant h-•reloy ie is hytld and declared t) be suhjWt tD all conditions, limitations rixl 1esu actions, conta!nlPd in Soctit 2386 of the Aevised Statutes of the United States, so far as tlx.san+r are applicable Lhcreto." 7. Terr> vis:ons, txr-dens and obli0at ions as ccnitairvw' in Cr, riinanor No. 60, (Ser iss of 1976) in Record of Proceedings designating sub)er--t prjW-xy as :n Historic District rocorded Deccrlber 9, 1976 in DoLA 321 at Page 51. g . D)eet) of Trust fnw : TwTle W. Allen to the Public ':hate a of the Oamty of Pitkin for the use of Rocky Maintain Dquity anti Mortgage Co. to secure $25,000.00 cis tEKi April 10, 1978 _Vrx9_je1? April 1J, 1978 L, Book 345 at Pane 94n. �`:� ,rc . r MEMORANDUM NOV 21987 , TO: Steve Burstein, Planning Office FROM: Kathryn Koch, City Clerk DATE: November 3, 1987 RE: Liquor License Proximity to Schools The liquor license division's rule of thumb regarding schools and proximity to liquor licenses is if the school is accredited by the Board of Education, it is a school. The division says preschools do not fall under C.R.S. 12-47-111 (2). MEMORANDUM TO: Aspen City Council THRU: Robert S. Anderson, Jr., City Manager FROM: Steve Burstein, Planning OfficeZ RE: Municipal Code Amendment: Church and Daycare Center in Office Zone District (Public Hearing) DATE: October 20, 1987 ---------------------------------------------------------------- ---------------------------------------------------------------- SUMMARY: The Planning Office and Planning and Zoning Commission recommend Council to approve Ordinance SS (Series of 1987) on first reading. PROPOSED CODE AMENDMENT: Mary Webster is requesting that a church be added as a conditional use for designated historic landmarks in the O - Office Zone District. This privately initiated code amendment was sponsored by the Planning and Zoning Commission for the purpose of relief from the semi-annual application dates. City Council initiated a code amendment to add a daycare center as a conditional use for all structures in the O - Office Zone District. PROBLEM DISCUSSION: A. CHURCH CONDITIONAL USE: The Planning Office has the follow- ing comments in response to the rezoning and zoning code amend- ment evaluation criteria stated in Section 24-12.5(d) of the Municipal Code: 1. Criteria: Compatibility of the rezoning proposal with the surrounding zone districts and land use in the vicinity of the site, considering the existing neighborhood characteris- tics, the applicable area and bulk requirements, and the suitability of the site for development in terms of on -site characteristics. Response: The Office Zone District encompasses Main Street and approximately four blocks flanking the commercial core on the east and west (see map attached). The intent of the zone district is "... to preserve the visual scale and character of formerly residential areas that now are adjacent to commercial and business areas and along Main Street..." Historic structures within the O zone are principally along Main Street. A mix of uses - including residences, offices, lodges, boardinghouses, and a variety of generally low intensity retail commercial uses - occur both within historic structures and in adjacent non -historic structures. Staff agrees with the applicant that the church use is principally compatible within the zone district. The use should lend itself to preservation and maintenance of historic structures and may reenforce the residential character aspect of Main Street. While a church is not a commercial use, it can have some of the same impacts as commercial uses, such as traffic generation, parking demand, noise generation and special signage or lighting. However, churches are typically not intensively used on a daily basis; and they can be fairly low-keyed in both the size of operation and degree of advertising/image display. Churches are a traditional component of a residential neighborhood; and, in this respect, they may contribute to or be compat- ible with the residential character of Main Street. In general, we find that a church should not negatively impact the visual character or use intensity of Main Street. It should be noted that the conditional use review requires case by case determination by the Planning and Zoning Commission of the use's appropriateness for a specific location and historic structure. Consequently, at a public hearing specific aspects of compatibility would be reviewed. This zoning code amendment would allow application to be made, but should not be construed as approval for any particular conditional use. 2. Criteria: Impacts of the rezoning upon expected traffic generation and road safety, availability of on- and off- street parking and ability to provide utility service in the vicinity of the site, including an assessment of the fiscal impact upon the community of the proposed rezoning. Response: Churches can be high traffic generators and require significant parking. The parking requirement in the O zone district is 3 spaces/1,000 square feet for non- residential uses, with as few spaces as 1.5 spaces/1,000 square feet permitted by special review of P&Z. A higher parking requirement may be needed for a church use, to be considered as a part of the conditional use review depending on number of pews, proximity to congregation members who would walk, and alternative transportation. As noted by the applicant, churches on Main Street would be accessible by RFTA mass transit; and this may alleviate some automobile traffic. Acceptability of road safety impacts depends also on adequate drop-off and pick-up. Staff believes that these impacts can be adequately reviewed during the condit- ional use review. 3. Criteria: Impacts of the rezoning upon expected air and 2 water quality in the vicinity of the site. Response: Impacts on air quality depend upon traffic aspects of a project and solid -burning stoves and fireplaces. This matter can be addressed at conditional use review. No water quality impacts are anticipated from a church. 4. Criteria: Analysis of the community need for the proposed rezoning and an assessment of the relationship of the rezoning proposal to the goal of overall community balance. Response: To our knowledge, all existing church facilities in Aspen are occupied. Churches are a conditional use in all residential zone districts and in the CC zone district. It appears that the need for churches is fairly minimal, depending on the organization, location, and availability of property. Considering the intent of an application, there appears to be some need for a church on Main Street. 5. Criteria: Compatibility of the proposed rezoning with the Aspen Area General Plan of 1966, as amended. Response: One of the objectives of the Aspen Area Comprehensive Plan: Historic Preservation Element is to encourage productive and economically attractive uses of historic structures. The historic preservation incentives program has added the bed and breakfast conditional use to the Office Zone District, in an attempt to find other appropriate uses for historic structures on Main Street. We believe adding a church to the conditional use table is also consistent with the plan as it can be an appropriate "adaptive reuse" for a historic residence. Another aspect of the Aspen Area General Plan, as amended, pertains to the intent to not allow Main Street to become a commercial strip. This is addressed in the compatibility discussion above. 6. Criteria: Whether the proposed rezoning will promote the health, safety and general welfare of the residents and visitors to the city of Aspen. Response: If the church conditional use assists efforts to preserve historic structures, we assert that this promotes Aspen's general welfare. B.DAYCARE CENTER CONDITIONAL USE: The following comments on the daycare use pertain to criteria for rezoning and zoning code amendments. The criteria has been abbreviated since it is recited in full above. 1. Criteria: Compatibility with surrounding zone districts and 3 land use in the vicinity. Response: Issues of compatibility of a daycare center in the Office Zone District include: traffic generation, parking, safe drop-off and pick-up, hours of operation, and size of operation. At the present time, daycare center is already a conditional use in the Office Zone District for designated historic landmarks. Issues of compatibility can be dealt with through the conditional use review as effectively for nonhistoric structures as for only historic structures. 2. Criteria: Impacts of rezoning upon expected traffic generation and road safety, availability of on- and off- street parking, utility service, and fiscal impacts. Response: Impacts on traffic, parking, utilities and the City's fiscal situation would not be substantially greater by making daycare center a conditional use for both historic and non -historic structures. 3. Criteria: Impacts on air and water quality. Response: No change in air and water quality should result from the proposed code amendment. 4. Criteria: Analysis of the community need for the proposed rezoning and an assessment of the relationship of the rezoning proposal to the goal of overall community balance. Response: Daycare center service has been identified as a very important, necessary and undersupplied service to the community. For this reason, City Council has proposed the code amendment so to allow daycare centers to occupy nonhistoric structures in the Office Zone District as well as historic structures. Community balance in terms of the growing number of young children would be served by loosen- ing the regulations on where daycare centers can be located. A question came up at the Planning and Zoning Commission hearing with regard to liquor license proximity to daycare centers. Kathryn Koch researched the matter and concluded that "preschools", including daycare centers, do not fall under the State Statutes that limit proximity between liquor license holders and daycare centers. (See memorandum attached.) Consequently, we do not believe that nearness to a bar is a grave obstacle to daycare center location, although it may be a general consideration during the conditional use review. 5. Criteria: Compatibility with the Aspen Area General Plan of 1966 as amended. 4 Response: Allowing daycare centers in all structures in the Office Zone District may have some negative effect on the group of historic preservation incentives entailed in the current zoning code and encouraged by the Historic Preserva- tion Plan Element. However, provision of daycare centers in convenient in -town locations may reduce vehicular traffic as a Transportation Element goal. 6. Criteria: Promotion of health, safety and general welfare. Response: Allowing for more flexibility in where daycare centers can locate and consequently promoting more daycare centers in Aspen would promote the general welfare of the increasing number of young families with children in Aspen. ADVISORY COMMISSION VOTE: On October 20, 1987 the Aspen Planning and Zoning Commission unanimously recommended to City Council to amend the Zoning Code to add church as a conditional use for historic landmarks in the Office Zone Dsitrict and make daty care center a condtional use in the office Zone Dsitrict for all structures. RECOMMENDED MOTION: "Move to read Ordinance Jr, (Series of 1987).-- "Move to approve ordinance 5'5(Series of 1987) on first read- ing." 190M _U1 5 CITY OF ASPEN 130 south galena street aspen, Colorado 81611 303-925 -2020 LAND USE APPLICATION FORM DATE SUBMITTED FEES '), $1,490.00 NAME Mary M. Webster _ ADDRESS P.O. Box 4052, Aspen, CO 81612 PHONE 925-4253, 923-5252 NAME OF PRO.7ECT _ Proposed new conditional use in "0" (office) zone PRESENT ZONINS 0 (Office Zone) LOT SIZF. n/a LOCATION n/a _ (indicate street address, lot and block number. May require legal description. A vicinity map is very useful.) CURRENT BUILD -OUT n/a sq. ft. units PROPOSED BUILD -OUT n/a sq. ft. units DESCRIPTION OF EXISTING USES The current permitted and conditional uses for the "0" (office) zone are set forth on Exhibit "A" attached hereto. DESCRIPTION OF LAND USE PROPOSAL Add a church as a conditional use to the "0" office zone. TYPE OF APPLICATION Municipal Code of City of Aspen amendment APPLICABLE CODE SECTION (S) 24-3.2, Chapter 24 Article XII FLAT AMENDMENT REQUIRED - YES X _ _-__NO DATE PRE -APPLICATION CONFERENCE COMPLETED _ 6/23/87 ATTACHMENTS: 1. All applicants must supply Proof of Ownership in the form of a title insurance commitment or statement from an attorney indicating that he/she has researched the title and verifies that the applicant is the owner of the property (free of liens and eucumbrances.) 2. If the process requires a public hearing, a Property Owner's List must be supplied which gives all owners within 300 feet in all directions in some cases and adjacent owners in some cases. 3. Number of copies required (by code and/or in pre -application conference.) 4. Plat by Registered Surveyor as X No attached.) Consequently, we do not believe that nearness to a bar is a serious obstacle to daycare center location, although it may be a general consideration during the conditional use review. 5. Criteria: Compatibility with the Aspen Area General Plan of 1966 as amended. Response: Allowing daycare centers in all structures in the Office Zone District may have some negative effect on the group of historic preservation incentives entailed in the current zoning code and encouraged by the Historic Preserva- tion Plan Element. However, provision of daycare centers in convenient in -town locations may reduce vehicular traffic as a Transportation Element goal. 6. Criteria: Promotion of health, safety and general welfare. Response: Allowing for more flexibility in where daycare centers can locate and consequently promoting more daycare centers in Aspen would promote the general welfare of the increasing number of young families with children in Aspen. RECOMMENDED MOTION: "Move to approve Ordinance 575- (Series of 1987) on second reading." CITY MANAGER'S COMMENTS: sb.chda 5 71 I-1 L1 ._!_I 1A = !.L! '_4j. ! LI__I U-! :-- :._. :_L!�I I !_U o!.L! .; ,-� �� �� i?'� ��--� (1 11TrT� ��� �r�� I—� �I(IT�IT�T 1 jk. 11--LI-i Z I. 1_� _ I _J ^ _i�� .L�_ N L L;WL W SLEEPiR ST. ! I •�/� •I •gyp .l r' --� I -T_T1 H t-1.• ! TT i II I -I i I I T,' ; �� - -, - — 1 i I j I: f ; I H LI1.: �1_ L I . > _ �1� , . Z ,1 ---------'� IrI MAIN 1ST I— —1 w70CW 600IN 00'�\% tr }, ---100 1 __ ; l bi✓ ~ ♦,;' 400W 300W !'12OOW (N) V 0. 1 I I 1 ._— I I 1` --_! ._.__-L 1 �'`ao ! I �Ll I — ( — l•-_--•--+ _C—L� I O PAEPI F T 71-Fil PARK -7 , 1 I � I.'Mr • 'I I I H� I I N � I I � i N I I _1_ _ i l l 1 In ! I l 1I (i 1 L D T. h r— —�-- I ! —---- M' +OPKINS — AVE-- 6 1 --J r; � � 1 Q� t O I � �I le � "q�^ I1 Trt O I I I ♦ i ' I i T� i I�n' p�p p' • I] N i Ei I t4 I %;; QSlJF"V 11­1A, —AVE. i M _~C:/.�``` -1 I IA 1 - -i 1 --�-,- f 'y = +r fit L-- r_ �rT I — O T_ JUAN ' 17 I vw vpQ/5 3 0 0 E PARK — — — — — — :-,UAANTf— AVE. CRIi-il ul. 7 V, 4 .6T1 .N 57 I 1 4 1 1 I NJ T A t- — 1/424 600E 1 7 0 0 E T T c Fil I E HOPKINS AVE. Dy �� 1 E. HYMAN 1 AVE Ir z 0 t,,L 'TTI-TI i—�IT L; T-T-T-T- C L IT" t LT --- r-A F7 L I r7 TT-- T -T PRE —APPLICATION CONFERENCE SUMMARY 6 �3 -j PROJECT: MAL C �0(c CDn) �Onnl �St i>1 (J�Ticti � � AAPLICANT' S REPRESENTATIVE: 71 po., �ih i �A m i� �uh REPRESENTATIVE'S PHONE: �MAV ' �'V4ff4r OWNERS NAME: 1. Type of Application: SUMMARY C, Arne 2. Describe action/type of development being requested: C(19 j* Chv 41 tv CVIM� Ll ,,,,. D�flu �Dh� 0),tri��I ihp� (b„j,hi+nA) Vtt Yooen 4lh Ant_4rl foYG3Afli C6;Jl"" Sov-'-- 3. Areas in which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent 4. Review is: (P&Z Only) Comments - t ' R' f 1 ou ' 1 S �dr) d ►u a.�-�vc1� � tr;, fi N i,1w Prr� f►c��,� Ust intltio►w�n , -t t rlrn,fnt o6j', ;off I Mlai,)t.,u�r I iMln fA c I�r � ✓� � � ,teviic�tP���;,,1. KV to u)A tip P _z T�v_Th�{nfi►K5 ��� 1(� { 01� � b t'1 CI itfi„a �l b I�cre 1 �o�ac,) m )��� i 1 . S�o�1� ProP01"4+ 'p 45 M Nn f�G►hPH (CC/BOCC Only) /(ftT-Vh­e�nto CC/BOCC) 5. Public Hearing: (YES) (NO) 6. Did you tell app]-jcant to submit list of ADJACENT PROPERTY OWNERS? (YES) (NO -Disclosure of Ownership: (YES) :(NO) 7. What fee was applicant requested to submit: 1' 8. Anticipated date of submission: 9. COMMENTS/UNIQUE CONCERNS: PUBLIC NOTICE RE: MUNICIPAL CODE AMENDMENT: OFFICE ZONE DISTRICT, CONDITIONAL USES; CHURCHES/DAY CARE CENTERS NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 20, 1987, at a meeting to begin at 5:00 P.M. before the Aspen Planning and Zoning Commission, in the City Council Chambers, 1st Floor, 130 S. Galena Street, Aspen, Colorado, to consider two code amendments to the Office Zone Use tables: 1) Mary Webster requesting to add Church as a conditional use for structures which received historic designation to the "O" Office Zone District; and 2) a proposal to add Day Care Center as a conditional use for all structures in the "O" Office Zone District. For further information, contact the Aspen/Pitkin Planning Office, 130 S. Galena Street, Aspen, Colorado 81611 (303) 925- 2020, ext. 223. s/C. Welton Anderson Chairman, Aspen Planning and Zoning Commission Published in the Aspen Times on September 17, 1987. City of Aspen Account. PUBLIC NOTICE RE: MUNICIPAL CODE AMENDMENT: CHURCH IN OFFICE ZONE NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 20, 1987, at a meeting to begin at 5:00 P.M. before the Aspen Planning and Zoning Commission, in the City Council Chambers on the first floor of City Hall, 130 S. Galena Street, Aspen, Colorado, to consider an application submitted by Mary Webster requesting a Code Amendment to add a church as a conditional use for structures which received historic designa- tion to the "O" Office Zone district. For further information, contact the Aspen/Pitkin Planning Office, 130 S. Galena Street, Aspen, Colorado 81611 (303) 925- 2020, ext. 223. s/C. Welton Anderson Chairman, Aspen Planning and Zoning Commission Published in the Aspen Times on October 1, 1987. City of Aspen Account. MEMORANDUM TO: City Attorney FORM: Steve Burstein, Planning Office RE: Municipal Code Amendment: Church in Office Zone DATE: Sept. 3, 1987 ---------------------------------------------------------------- Attached for your review and comments is an application submitted by Mary Webster requesting a Code Amendment to add a church as a conditional use for structures which received historic designa- tion to the "O" Office Zone district. Please review this material and send your comments to this office no later than Sept. 23, 1987 in order for this office to have adequate time to prepare for its presentation before P&Z. Thank you. ASPEN/PITRIN PLANNING OFFICE 130 S. Galena Street Aspen, CO 81611 (303) 925-2020 Date: R E :Y�-- Dea r C�WC�k This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application IS NOT complete. Additional items required include: Disclosure of Ownership (one copy only needed) Adjacent Property Owners List/Envelopes/Postage (one copy) Additional copies of entire application Authorization by owner for representative to submit applica- tion Response to list of items (attached/below) demonstrating compliance with the applicable policies and regulations of the Code, or other specific materials A check in the amount of $ A. Your applicati complete and ��//'' we h s eduled �� it for We review by the _ on will call you if we need any additional information prior to that date_ Several days prior to your hearing, we will call and make available a copy of the memorandum.. Please note that it IS NOT your responsibility to post your property with a sign, which we can provide you for a $3.00 fee.. B. Your application is incomplete, we have not scheduled it review at this time. When we receive the materials we have requested, we will place you on the next available agenda. If you have any questions, please call �rte.�_Xz CI "' f S T the planner assigned to your case. I Sincerely, ASP / ITRIN PLANNING OFFICE CASE DISPOSITION MUNICIPAL CODE AMENDMENT: CHURCH AND DAYCARE CENTER IN OFFICE ZONE DISTRICT On December 14, 1987 City Council approved Ordinance 55 (Series of 1987) on second reading making church a conditional use for designated historic landmarks in the Office zone district and making daycare center a conditional use for all strucutres in the Office zone district. ORDINANCE NO. (SERIES OF 1987) AN ORDINANCE OF CITY COUNCIL AMENDING SECTION 24-3.2 OF THE MUNICIPAL CODE PERTAINING TO THE TABLE OF CONDITIONAL USES IN THE OFFICE ZONE DISTRICT TO ADD CHURCH AS A USE FOR DESIGNATED HISTORIC LANDMARKS AND MAKE DAYCARE CENTER A CONDITIONAL USE FOR ALL STRUCTURES WHEREAS, the City Council of Aspen, Colorado deems it to be in the best interests of the City of Aspen to amend the table of conditional uses in the Office Zone to allow church as a use for designated historic landmarks and make daycare center a use available to all structures; and WHEREAS, the City Council did make the following findings with respect to the proposed code amendment: 1. The church use is principally compatible with the existing land uses of the Office Zone Districts because C churches are a traditional component of residential neighborhoods, they may reenforce the residential character aspect of Main Street and other areas in the Office Zone District, and they can fit into the neighborhood's visual scale and use intensity. 2. Adding church as a conditional use in the Office Zone District for designated historic landmarks would help realize several objectives of the Aspen Area Comprehen- sive Plan: Historic Preservation Element, including to encourage productive and economically attractive uses of historic structures and encourage renovation and maintenance of historic structures. 3. Allowance of the church and daycare center conditional uses is desireable because it provides the City the opportunity to evaluate impacts and impact mitigation through conditional use review. Impacts that would need to be considered in evaluating the appropriateness of a specific conditional use proposal include traffic generation, parking demand, drop-off and pick-up accommodations, noise generation, employee base, hours of operation, external visual appearance, and special signage or lighting. 4. Daycare center service has been identified as a very t important, necessary and undersupplied service to the community. Loosening regulations on where daycare centers can be located would promote more daycare ( centers in Aspen. f L WHEREAS, having received and considered the recommendations of the Aspen Planning and Zoning Commission made at a public hearing on October 20, 1987, City Council desires to amend Section 24-3.2. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 24-3.2 of the Municipal Code of the City of Aspen pertaining to the Table of Conditional Uses in the Office Zone District is hereby amended to add "church" to the list of conditional uses for historic landmarks, to delete "daycare center" from the list of conditional uses for historic landmarks and add "daycare center" to the list of conditional uses for all structures. If any section, subsection, sentence, clause, phrase or portion of the Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 3 A public hearing on the Ordinance shall be held on the i day of /� ��- , 1987, at 5: 00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) 2 Cdays prior to which hearing notice of the same shall be published once 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 1987. William L. Stirling, Mayor ATTEST: Kathryn,, . Koch, City Clerk FINALLY adopted, passed and approved this ��day of 1987. William L. Stirring, Mayor ATTEST: Kathryn AKoch, City Clerk sb.chdyord 3 RONALD GARFIELD* ANDREW V. HECHT** WILLIAM K. GUEST, P.C.*** ROBERT E. KENDIG 1ANE ELLEN HAMILTON "also admitted to New York Bar --also admitted to District of Columbia Bar • also admitted to Nebraska and Texas Bar HAND DELIVERY bU y e , ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN, COLORADO 81611 Steve Burstein, Planner Aspen/Pitkin Planning Office 130 South Galena Street Aspen, CO 81611 �wv L 1 IJOI TELEPHONE -- (303) 925-1936 TELECOPIER (303) 925-3008 CABL$ ADDRESS "GARHEC" AUG 1 9 1987 J August 20, 1987 RE: Proposed Municipal Code Amendment Dear Steve: Enclosed is the Land Use Application on behalf of the Applicant, Mary M. Webster, requesting a Municipal Code of Aspen Code Amendment adding a church as a conditional use to the office zone. Enclosed you will find seven copies of the following: 1. Land Use Application Form. 2. Exhibit "A", list of permitted and conditional uses in the office zone. 3. Exhibit "B", application. 4. Check for $1,490.00 payable to the City of Aspen. 5. Signature of Applicant as a co-owner of a lot located in the office zone. 6. Copy of a title insurance policy from Pitkin County Title indicating the ownership interest of the Applicant. 7. Vicinity Map indicating the location of the office zone in the City of Aspen. GARFIELD & HEGHT, P.G. Steve Burstein, Planner August 18, 1987 Page -2- Should you have any questions regarding this Application, please do not hesitate to contact the undersigned. Sincerely, GARFIELD & HECHT, P.C. 0ne as AUVj4i4 Ellen Hamilton JEH/mms enc 1-71 CITY OF ASPEN 211987 130 south galena street aspen, colorado. 81611 303-925-2020 LAND USE APPLICATION FORM DATE SUBMITTED FEES $1,490.00 NAME Mary M. Webster ADDRESS P.O. Box 4052, Aspen, CO 81612 PHONE 925-4253, 923-5252 NAME OF PROJECT Proposed new conditional use in "0" (office) zone PRESENT ZONING 0 (Office Zone) LOT SIZE. n/a LOCATION n/a (indicate street address, lot and block number. May require legal description. A vicinity map is very useful.) CURRENT BUILD -OUT n/a sq. ft. _ — units PROPOSED BUILD -OUT n/a sq. ft. units DESCRIPTION OF EXISTING USES The current permitted and conditional uses for the "0" (office) zone are set forth on Exhibit "A" attached hereto. DESCRIPTION OF LAND USE PROPOSAL Add a church as a conditional use to the "0" office zone. TYPE OF APPLICATION Municipal Code of City of Aspen amendment APPLICABLE CODE SECTION (S) 24-3.2, Chapter 24 Article XII :PLAT AMENDMENT REQUIRED YES X NO DATE PRE -APPLICATION CONFERENCE COMPLETED 6/23/87 s ATTACHMENTS: 1. All applicants must supply Proof of Ownership in the form of a title insurance commitment or statement from an attorney indicating that he/she has researched the title and verifies that the applicant is the owner of the property (free of liens and eucumbrances.) 2. If the process requires a public hearing, a Property Owner's List must be supplied which gives all owners within 300 feet in all directions in some cases and adjacent owners in some cases. 3. Number of copies required (by code and/or in pre -application conference.) 4. Plat by Registered Surveyor Yes X No EXHIBIT "A" Permitted Uses: Single-family duplex and multi -family residences; professional and business offices; accessory dwelling units recognized as moderate income housing by an approved housing plan by special review of the planning commission. Conditional Uses: Fraternal lodges, boarding houses, shop craft industry, restaurants, antique store, bookstore, florist, visual arts gallery, music store (for the sale of musical instruments), nursery -day care center, art, dance and music studio, mortuary, broadcasting station, provided, however, that the above -listed conditional uses shall be considered (1) only for structures which have received historic designation, (2) for no more than two (2) such conditional uses in each structure (not including within such limitation accessory dwelling units recognized as moderate income housing by an approved housing plan), and (3) only when off-street parking is provided with alley access for those conditional uses along Main Street. Satellite dish antennae. Commercial parking lot or parking structure that is independent of required off-street parking, provided that it not be located abutting Main Street. EXHIBIT "B" I. Application. Mary M. Webster (the "Applicant"), a co-owner of Lots K and L, Block 18, City of Aspen, hereby requests that Section 24-3.2 of the Municipal Code of the City of Aspen (the "Code") be amended to add churches as a conditional use in the office ("0") zone. The permitted and conditional uses currently in effect in the "0" zone are set forth on Exhibit "A" of this Application. II. Facts. The intention of the "0" zone is to "provide for the establishment of offices and associated commercial uses in such a way as to preserve the visual scale and character of formerly residential areas that now are adjacent to commercial and business areas and along Main Street and other high volume thoroughfares." Thus, the "0" zone acts as a transitional zone from the City's commercial district to its residential district, as does the C-1 zone in which churches are permitted uses. The "0" zone's current uses are mixed and include single family homes, professional offices and small commercial uses. Therefore, the zone contains some of both commercial and residential uses. Churches are permitted uses in the commercial zone districts (CC, C-1, CL and C) and are conditional uses in the residential zone districts (R-6, R-15, R-15A, R-30, R-40, R-M/F and RR). There are churches currently located in some of Aspen's J residential and commercial zones. The "0" zone is completely surrounded_ by zones in which churches are either permitted or conditional uses, with the exception of a few blocks. Therefore, since the "0" zone is a transitional zone from commercial to residential uses and actually contains some of both uses, and abuts zones allowing churches, amending the Code to allow a church as a conditional use would be consistent with the "0" zone neighborhood and the surrounding vicinity. III. Impacts. A church represents a less intensive use than the non-residential uses currently allowed in the "O" zone. Restaurants, professional offices, boarding houses and the like generate traffic on a daily, and in some cases, continuous, basis. A church, however, only generates traffic on one particular day at times which are generally non -peak hours. A church would typically be empty the other six days of the week thus causing no traffic generation and therefore, no attendant parking problems or air pollution. In addition, unlike most other areas where churches are allowed as permitted or conditional uses, the RFTA buses run throughout the "O" zone down Main Street, thus locating a church in this area would further the purposes of the Aspen Area General Plan of 1966, as amended (the "General Plan"), for a church in the "O" zone would be accessible by mass transit. Therefore, on a busy street like 6,1(�- Main Street, the presence of a church in a structure rather than od,o«y✓�?� s;tk d�d an office or restaurant actually eliminates some of the problems I),,K , most encountered in the "O" zone (i.e. traffic and lack of parking). Furthermore, churches are a common feature on main streets in Pitkin County and across the state. In Pitkin County there are churches on the town's main street in Redstone and Marble; in Basalt there is a church on Hwy. 82; and Glenwood Springs, Leadville and Denver are other Colorado cities with churches located on their main downtown streets. In addition, St. Mary's Catholic church is located on Main Street in Aspen in the CC zone district. St. Mary's is only three blocks from the "O" zone and is surrounded on Main Street by the same uses found in the "O" zone (i.e. offices, single family homes, and small commercial sites) . Therefore, even though St. Mary's is not in the "O" its indicates that churches arel,Ok,x;N;� oyst��ll3.,, located zone, presence appropriate uses on Main Street and that a church is compatible with the most common permitted and conditional uses in the "O" zone. IV. Arguments. Because churches do not represent an intensive use of a structure on a daily basis, and therefore churches create only low impacts on an area, and because churches traditionally exist on such streets as Main Street, a church would be an appropriate -2- conditional use for structures in the "O" zone which have historic designation. Ninety percent of the conditional uses allowed in the "O" zone, as set forth on Exhibit "A" hereto, are available only to structures with historic designation. The Aspen Area Comprehensive Plan: Historic Preservation Element (the "Plan") states that due to the historic character of Main Street it may be appropriate to examine the expansion of conditional uses allowed in the "O" zone. Additional conditional uses suggested by the Plan include mixed commercial/residential uses, bakeries, small grocery stores and public and quasi -public buildings. A church (particularly smaller churches) would also be an appropriate conditional use to add as an incentive for historic structures because the low intensity of such use would aid in maintaining the integrity of an historic structure. In addition, a church - blic .type of building in that churches are open to the public and thus very similar to one of the conditional uses recommended by the Plan for the "O" zone. Furthermore, a church would not increase the r' Street turning into a commercial shopping district and would nnt- increase the negative factors cited by the Plan as threatening Main Street, including dilapidation of Victorian houses, discordant commercial and lodge facilities and excessive traffic. A community like Aspen should not exclude churches from an area like the "O" zone which is so accessible by bus or by foot. The City needs such structures to be conveniently located to not only the resident population, but to the commercial and lodge districts where the City's tourists stay, many of whom do not have their own cars to use to travel to a church while visiting Aspen. Allowing churches in the "O" zone would be consistent with the 1973 Amendment to the General Plan which tl.k) states that "ordered yet diversified land uses, such as ,),s� resident -related commercial, residential and professional office uses should be located on the fringe of the central area," since �1F�Q9� churches are clearly resident -related uses which are allowed by the Code in all residential and commercial zones in the City. Therefore, allowing churches in the "O" zone adds to the -3- community balance sought by the Code's zoning laws for there is no justification for prohibiting churcheF in a zone which is a transitional zone from commercial to residential districts, all of which already allow churches. By adding a church as a conditional use to the "O" zone, the City will have continuing control over any proposed church site. The City would be able to control the on -site parking, signage and lighting aspects of the development as well as any expansion to an existing building proposed by a church. Thus, the community can set the standards for a church in the "O" zone by taking advantage of the checks and balances provided by the conditional use application process. g 11 �a I h to 'mac Js 11 a s�tf��iln��y "'�,."". �� ✓d Dn J J 11,I 7 w/ IIk, I) PAIo l 41) -4- APPLICANT: -F / r -, 11/ Z, Mary/Webster Co-owner Lots K & L, Block 18, City of Aspen State of Colorado