HomeMy WebLinkAboutcoa.lu.ca.Church Cond Use Day Care Center.30A-87
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: f?!.;J.//t?7 PARCEL ID AND CASE NO.
DATE COMPLETE: 30fJ -8'''1
STAFF MEMBER: ;)'-'I'-e.U ci--
PR<A!ECT NAME: )ftljJl~,/Q / (hc/p Ampncl_Zl. fl[Au;;.cj,. {Anll1:;,,J
ProJect Address: _c[e 6_~c.(! ;Z__~
APPLICANT: /'10t'V ;to ~sfe~
Applicant Address': ,q ./:3" 5" 02 ~pe-..-, S-"/.:2~.3 (No- 5~!>~
REPRESENTATIVE: Ja.n(' Ellen f.la.l'l1; lion - Ga.r-f',e..Ic1 ..e Hf.c-h+
Representative Address/Phone: ~d/ e:. Ajman 5-/'136
TYPE OF APPLICATION:
PAID: Gj0 NO AMOUNT:
Code. f}111~nc!h1 en T
-#h49().OO
1 STEP APPLICATION:
(
P&Z MEETING DATE: cx:.."\.20 PUBLIC HEARING: YES NO
DATE REFERRED: 5pt . 0!9!.tr INITIALS: ~<--
r/') . . S v-> \ '\k &> 1--\ ,,^"-r- c...<-..-t-. -I'" ..
LVSTEP APPLICATION: T\.A...>O '1""q> , . ~~i1~~ c"--'
CC MEETING DATE: PUBLIC HEARING ... YES NO ~ j1~,-
15'J,V1
(\oJ'\(.'.e......
DATE REFERRED:
INITIALS:
REFERRALS :
:./ city Attorney
city Engineer
Housing Dir,
Aspen Water
city Electric
Envir. Hlth.
Aspen Consolo
S.D.
Mtn. Bell
Parks Dept.
Holy Cross
Fire Marshall
Fire Chief
Roaring Fork
Transit
School District
Rocky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
Bldg:Zonjlnspect
Roaring Fork
Energy Center
Other
DATE ROUTED:la--~ l-f~ INITIAL~ tf'
City Engineer v Bldg. Dept.
~
FINAL ROUTING:
v City Atty
Other:
FILE STATUS AND LOCATION:d..aNJ-t.
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MEMORANDUM
TO:
Aspen City Council
THRU:
Robert S. Anderson, Jr., city Manager
steve Burstein, Planning Office ~
Second Reading of Municipal Code Amendment: Church and
Daycare Center in Office Zone District
Pr
FROM:
RE:
DATE:
December 14, 1987
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SUMMARY: The Planning Office and Planning and Zoning commission
recommend Council to approve Ordinance 55' (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 0 - 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 0 - 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 0 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
advertisin~/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/l,OoO square feet for non-
residential uses, with as few spaces as 1.5 spaces/l,OoO
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 p~rt of the conditional use review depending
on number of pews, proximi ty 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
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~
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
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property in the City and '1bo<<lait.. of Aspen, as toll""",:
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cinnabar, or ~r 0.: to ani' v(,~id mining claLT. o~ possesSlon held ~ fllliat-
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2386 of the Re-vised StJstutes of the llnJtro sun:.es, .bV far .... ~ an applicable
d1ereto. ..
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~le w. Allen
the County of Pit.in
Rocky Ma.l."1Ulin El:jUi if ani Mar tgaqe Co.
$25,OOC.00
April 10. 1978
April 10, 1978 i" lh:lI< 345 at Page 940.
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MEMORANDUM
;1; , ~
j~'~i
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NOV
TO:
Steve Burstein, Planning Office
DATE:
Kathryn Koch, City Clerk
November 3, 1987
FROM:
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
accredi ted by the Board of Educat ion, it is a school. The
division says preschools do not fall under C.R.S. 12-47-111 (2).
-,
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MEMORANDUM
TO: Aspen city Council
FROM:
Robert S. Anderson, Jr., City Manager ~~
Steve Burstein, Planning Office ArK
Municipal Code Amendment: Church and Daycare Center in
Office Zone District (Public Hearing)
October 20, 1987
THRU:
RE:
DATE:
----------------------------------------------------------------
----------------------------------------------------------------
SUMMARY: The Planning Office and Plannin9 and Zoning Commission
recommend Council to approve Ordinance 5J;) (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 0 - 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 0 - 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 visllal scale and
character of formerly residential areas that now are
adjacent to commercial and business areas and along Main
Street..." Historic structures within the 0 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
r'\.
r'\.
both within historic structures and in adjacent non-historic
structures.
staff agrees with the applicant that the church use is
principally compatible wi thin 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 spacesjl, 000 square feet for non-
residential uses, with as few spaces as 1.5 spaces/l,OOO
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, proximi ty 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
t""".
t""".
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
ci ty I 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. communi ty 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 f);> (Series of
1987)."
"Move to approve Ordinance 55'(Series of 1987) on first read-
ing."
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CITY OF ASPEN
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130 south galena stroot
aspen, colorado 81611
303-925.2020
LAND USE APPLICATION FORN
DATE SUBMITTED
FEES
$1,490.00
NAME
Mary M. Webster
ADDRESS
P.O. Box 4052, Aspen, CO 81612
PHONE 925-4253, 923-5252
NA."I1E OF PROJECT Proposed new conditional use in "0" (office) zone
PRESENT ZONING
o
(Office Zone)
LOT SIZE
u/a
LOCATION
u/a
(indicate street address-~~.lock number. Hay require legal
description. A vicinity map is very useful.)
CURRENT BUILD-OUI
nfa
units
sq. ft.
PROPOSED BUILD-OUI
u/a
units
sq. ft.
DESCRIPTIOK Of EXISIING USES
The current permitted and conditional uses for the "0"
(office) zone are set for.ch on Exhibit "Au attached hereto.
DESCRIPTION OF LAKD USE PROPOSAL Add a church as a conditional use to the "0" office
zone.
~
TYPE OF APPLtCATIO~
Municipal Code of City of Aspen amendment
24-3.2, Chapte~ 24 Article XII
APPLICABLE CODE SECIION (5)
"'LAT AMENDMENI REQUIRED
DATE PRE-APPLICATION CONfERENCE CO}WLETED
x
YES
. .___NO
6/23/87
ATTACH}~NT5, 1.
All applicants must supply Proof of Ownership in the fo~m of a
title insurance commitment or statement from an attorney indicating
that he/she has researched the title and verifies that the applicant
1$ the owner of the property (free of liens and eucumbrances.)
2. If the process requires a public hearing, a Property ~~er's List
must be supplied which gives all owners within 300 feet in all
directions in some cases and adjacent owners in 60me cases.
3. Number of copies required (by code and/or in pre-application
conference. )
4.
Plat by Registered Surveyor
x
No
Yes
1"'"'\
-'.
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 Sf) (Series of
1987) on second reading."
CITY MANAGER'S COMMENTS:
:(
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PRE-APPLICATION CONFERENCE SUMMARY
1"""'\
PROJECT: MAil dvvu~ eD~i;t,~~tVlllH In Off'ic,{, Z ('M
A~'FLICANT' s' REPRESENTATIVE: JM-- c!l-eh H^~ll 1-."
REPRESENTATIVE'S PHONE: f""~r'J W{i"f..e.- c\.. CI-arf!ii-A",r
~
OWNERS NAME:
6-''3 ~n
1"""'\
SUMMARY
Type of Application: cJ.., Af/I,~~
Describe action/type of development being reques~ed:
CDILe ~~ tD td-J (k~.l, r. ~ v>{~ Uff'lf,< 11)/1-< o;,tvJ,J, He"h
r~tvd fl",J;h~fl~) I)s~ 1 SDYil'1j{~'\ AlltlqltiJ Fov">JIr.tll C~v;,ti." SCi~'I)e(..
chVy(!~ .
l.
2.
3.
Areas in which Applicant has been req.uested to respond, types of
reports requested:
Comments
C~(/}.<.. trf!\t.~.j,;"'14,pJ.thv t~/.l'h;H.J ~
~~~~ '
Nlti111.Jl^r wi~~~ ~-Y1,r
~h,{).~ & is ~r C~ Vi- .
5h.,Ul:u ~ j>.. 1-)... ;J.stV.it 1 #< UJ< j,t/.,lOll<J.;f"d, HI)t~il fffl{'''~
J I 1:1 lit t b'.+;.tJ pl~lt. j""
T'''''in f'~ uTht. '. II ~ I ,{lvl;tJtf~ll;~k ~ 1. 0 ) , ,
"""' I I iV~>1..>" t... h
~n) n.,~ll)'i.t;"')f'll'(1 ~ ''''J t. I; I:..,t'; Chy;,};.,j'If.MG~V\1
eD.~L;) M '5011:/17. S~b"1 !fl.;',. flJJ.l... ~~ .d At> NIl -fi-Cllrpk
. ,/
h,t. v. }" fi,,~t "4, \l'l) i (,VillI . <
Review is: (P&Z Only) (CClBOCC Only) ~o C BOCC)
Public Bearing: ~ (NO}
Did you tell a~ant to submit list of ADJACENT. PROPERTY
OWNERS? (YES} ~ .Disclosure of Ownership: (YES) : (NO)
What fee was applicant requested to submit: sf)ljqO r
+hi) w(.V\(
Policy Areal
Referral Agent
C rL A ~/ (..I~..u~
Pv~L H.e~..i~l f'I,ti0:vl:.
(It .,+'
"t..) O~l\ot" , L.~l f..{.,1f 11
L..t~k~jtwi+4 6tIu.UllluI\T;'~
4.
5.
6.
7.
8.
9.
Anticipated date of submission:
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 "0"
Office Zone District; and 2) a proposal to add Day Care Center as
a conditional use for all structures in the "0" Office Zone
District.
For further information, contact the Aspen/Pitkin Planning
Office, 130 S. Galena Street, Aspen, colorado 81611 (303) 925-
2020, ext. 223.
sIC. Welton Anderson
Chairman, Aspen Planning and
zoning commission
----------------------------------------------------------------
----------------------------------------------------------------
Published in the Aspen Times on September 17, 1987.
City of Aspen Account.
..r-.
:-.
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 "0" Office Zone district.
For further information, contact the Aspen/pitkin Planning
Office, 130 S. Galena Street, Aspen, Colorado 81611 (303) 925-
2020, ext. 223.
,.
siC. 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 r~ceived historic designa-
tion to the "0" 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/PITKIN PLANNING OFFICE
130 S. Galena street
Aspen, 00 81611
(303) 925-2020
Date: S(/f''''f'YI)"I!(':5 \ \4 \;,
Dear
:~M0 ~;r~
This is 0 inform you that the Planning Office has completed its
peel imina ry eeview of the captioned applicatio n. We have determi ned
that youe application IS NOT complete.
Additional items eequired include:
Disclosuee of Owneeship (one ropy only needed)
Adjacent peopeety Owners List/Envelopes/postage (one copy)
Additional ropies of entire application
Authoe ization by owner for eepeesenta tive to submit appl ica-
tion
Response to list of items (attached/below) demonsteating
compliance with the applicable policies and regulations of the
COde, oe other specific materials
A check in the amount of $
A. Yoli~ apP.licati6m ~~ complete and we h9'~Ht s~beduled it ~oe
revl.ew by the y~ on ace ...<.0 . We Wl.ll
call you if we need any addi tional informa tion prioe to that
date. Several days prioe to youe hearing, we will call and
make available a rop.{ of the memorandum.. Please note that it
IS NOT your eesponsibility to post your peopeety with a
sign, which we can peovide you foe a $3.00 fee..
./'
B. Your application is incomplete, we have not scheduled it
eeview at this time. When we eeceive the mateeials we have
eequested, we will place you on the next available agenda.
If you have any questions, please call S,eue (3.v.("':;Te;",
the plannee assigned to your case.
,
Sinceeely,
PLANNING OFFICE
(
.
~
I""'"
.r-,
~
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.
c
(
l
'"
1""".
,-..
.
,
,.-
ORDINANCE NO. 5"":)
(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:
The church use is principally compatible with the
existing land uses of the Office Zone Districts because
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 ~ea 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.
1.
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
important, necessary and undersupplied service to the
community. Loosening regulations on where daycare
centers can be located would promote more daycare
("""'.
.,-,.,
t
(
centers in Aspen.
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 ndaycare
center" from the list of conditional uses for historic landmarks
(
and add ndaycare center" to the list of conditional uses for all
structures.
Section 2
If any section, subsection, sentence, clause, phrase or
portion of the Ordinance is f.or 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 / ,AU !
the Ordinance shall be held on ~'~
day of
, 1987, at 5:00 P.M. in the city
l
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15)
2
,-,
(
-,
t
days prior to which hearing notice of the same shall be published
once in a newspaper of general circulation within the City of
Aspen.
READ AND ORDERED PUBLISHED as provided by law by
~ I .
the City of Aspen on the 9 ~ day of
INTRODUCED,
the City council of
@<e-n<-!J..V, J, 1987.
,
,
?' J..",
", "',I'
"
ATTEST:
~..!'.'.\(:
, i { ~ \ ,~I ,~
. . ,
U
City Clerk
'\ ,\j
~,0(~
'William L. Stirlrn" ..yor:'
and approved this /1'-o/U day of
(
FINALLY adopted, passed
1kt!~ , 1987.
'ATTEST:
~Ti;/ du
Kathryn . Koch, city Clerk
sb.chdyord
l
~~
WilliamL. stirling, Mayor
3
RONALD GARFIELD'
ANDREW V. HECHT"
WILLIAM K. GUEST. P.C....
ROBERT E. KENDIG
GARfKJElLD & HECHT, f.e
r:- - ~~ ~~~--~--:-;M~(: ;-:; r~l
....", 1\\1
' -. --""1 '1
'i
AUG 2 11987 . III
TEl!E~HONE
ATTORNEYS AT LAW .-"__. .JIl3V$S-1936
VICTORIAN SQUARE BUILDING i__...__._ (:;:12~:i~~
601 EAST HYMAN AVENUE -.---;-~-:::;-;:;.;- '71"'?~f ADDRESS
ASPEN COLORADO 81611 . .'_:.\:J.:_:..:~iI'l<ji~RHEC"
. "II
Id
AUG I 9 1987 'll
HI
1111 I
[i :;:;;
\U UL
~
JANE ELLEN HAMILTON
*alsolldmittcdto
NeW York Bar
'I""also admitted to
Dislr\et of Columbia Bar
*~.also admitted 10
Nebraska and Texas Bar
August 20, 1987
HAND DELIVERY
Steve Burstein, Planner
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, CO 81611
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 "Bn, 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 8< HEC]!II, r.c.
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,
JEH/mms
enc
GARFIELD & HECHT, P.C.
ft;,~!::::M1A
^
,-.,
AUG 2 I 1987
CITY.OF ASPEN
130 south galena stre.et
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
o
(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)
l'LAT AMENDMENT REQUIRED
DATE PRE-APPLICATION CONFERENCE COMPLETED
24-3,2, Chapter 24 Article XII
YES
X
_ ____NO
6/23/87
:
ATTACH~ffiNTS: 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
'0
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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
condi tional 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
wi thin 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.
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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 ICC, 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
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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
..a..
zone.
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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
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particular day at times which are generally non-peak hours.
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 "0" 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 "0" zone would be
accessibl~ by mass transit. Therefore, on a busy street like f/,{/c;'!J f.r
Main Street, the presence of a church in a structure rather than & d"..41.:I:.
bl 5;l~ j, tJ.. h,d
an office or restaurant actually eliminates some of the pro ems. ~."
Ihll1,
most encountered in the "0" zone (L 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 I 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
St. Mary's is only three blocks from the bJ" 5' (""*!
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"0" zone and is surrounded on Main Street by the same uses found J:-f(v..J!.
tif,J,f,"
small J
f/"1i-tIIP,
commercial sites). Therefore, even though St. Mary's is not dl,,;f1"'/'ho-
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located in the "0. zone, its presence indicates that churches are li'lCilf';ty ,
appropriate uses on Main Street ~nd that a church is compatible
the CC zone district.
in the
"0"
zone
(Le.
offices,
single family homes. and
with the most common permitted and conditional uses in the "0"
zone.
IV. Arquments.
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
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conditional use for structures in the "0" zone which have
historic designation.
Ninety percent of the conditional uses
allowed in the "0" 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 "0" 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..--i-s a quas;-pu~ype 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 "0" zone.
Furthermore, a church would not increase the.E-; sk nf Ilaill---Sj:reet
turninq into a commercial s~opping district and would nnr
increase
t~_.,~e91lt;~ f"doJ::s_-.dj;~...t.he Plan as threatening
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Main Street,
includinq d; 1 "riaatiol1'--o-f- Victoricin' houses,
discordant commercial and lodge facilities and excessive traffic.
c. ~
A community like Aspen should not exclude churches from
an area like the "0" 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 "0" zone would be
consistent with the 1973 Amendment to the General Plan which
states that "ordered yet diversified land uses,
such as
resident-related commercial, residential and professional office
uses should be located on the fringe of the central area," since
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 "0" zone adds to the
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community balance sought by the Code's zoning laws for there is
no justification for prohibiting churches 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 "0"
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 "0"
zone by taking advantage of the checks and balances provided by
the conditional use application process.
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APPLICANT:
Ma~Jer ~d&
Co-owner Lots K & L, Block 18,
City of Aspen
State of Colorado