HomeMy WebLinkAboutcoa.lu.ca.Square Foot Limitation 534 E Hyman Ave.A15-91
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CASELOAD SUMMARY SHEET
city of Aspen
DATE RECEIVED: 37;l4~1 PARCEL ID AND CASE NO.
DATE COMPLETE: 4 v~ I 2737-182-13-005 A15-91
LL Ir L I .L \ STAFF MEMBER: -"'=" 1-1-
-~U.Me-~"TA(,.oE" vll^t!l;i(.:fto,^
PROJECT NAME: r lLldn . ____.. i1I.RJi Code Amendment Application
Project Address: 534 East Hvman. Aspen. CO
Legal Address:
APPLICANT: Aspen Bank Shares. Ltd.
Applicant Address: 534 East Hvman Ave..Aspen. CO
REPRESENTATIVE: Vann Associates. Inc.. Sunnv Vann
Representative Address/Phone: 230 East Hopkins Avenue
Aspen. CO 81611
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TYPE OF ApPLICATION: 1 STEP: .. . 2 STEP: K
0.Lz..-
P&Z Meeting Date b
I~~
CC Meeting Date G/;1G?B1v PUBLIC HEARING:
VESTED RIGHTS:
PUBLIC HEARING:
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YES ~ OR..J).
~/n_ . 7A/)) f
~ NO ~;;,
YES NO
NO
VESTED RIGHTS:
Planning Director Approval:
Insubstantial Amendment or Exemption:
Paid:
Date:
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RE5lRRALS:
City Attorney Mtn Bell School District
City Engineer Parks Dept. Rocky Mtn NatGas
Housing Dir. Holy Cross State HwyDept(GW)
Aspen Water Fire Marshall State HwyDept(GJ)
City Electric Building Inspecto)(
Envir.Hlth. Roaring Fork Other ~~NI~6-
Aspen Con. S.D. Energy Center .
DATE REFERRED: ;3 / d- 7 ! '1 / INITIALS:.j)-f-
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FINAL ROUTING: DATE ROUTED: II 6?jq r INITIAL:a?----
___ City Atty~ City Engineer ___Zoning ___Env.
___ Housing ~other:
FILE 'TATU' AND LOCATIO"' l~ C~
Health
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ORDINANCE NO. 22
(Series of 1991)
.~. ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING CHAPTER 24 SECTION
5..50.;\ OF THE MUNICIPAL CODE TO CHANGE THE TERM "GROSS FLOOR AREA"
"!'f);'NET LEASABLE COMMERCIAL AND OFFICE SPACE"
WHEREAS, the Pitkin County Bank has proposed to amend section
5,,504 of Chapter 24 to change the term "gross floor area" to "net
leasable commercial and office space"; and
WHEREAS, the term "gross floor area" is not defined within
the Code and the term "net leasable commercial and office space"
.is defined in the Code and is typically used for mitigation
purposes; and
WHEREAS, staff believes that when the zoning regulations were
amended to include the term "net leasable" that the terminology was
not reviewed for consistency with the rest of the Code and
therefore "gross floor area" was not changed; and
WHEREAS, pursuant to section 7-1103
review an amendment to the text of Chapter
making a recommendation to council; and
the commission shall
24 at a pUblic hearing
WHEREAS, the Planning and Zoning commission reviewed the
proposed amendment at their May 71 1991 meeting and recommends to
Council approval of the amendment; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
section 1:
section 5-504, "Use square footage limitations", of Division
5 "Supplementary Regulations", of Article 5 of Chapter 24 of the
Municipal Code of the City of Aspen, Colorado, is hereby amended
to read as follows:
within section 24-5-404. Use Square Footage Limitations, the
Commercial Core (CC), Commercial (C-1), and Service/Commercial/
Industrial (S/C/I) zone districts I all permitted and conditional
commercial business shall be restricted to the following maximum
net leasable commercial and. office space.
A.
3.000 Sq. ft. The following and similar uses shall
be limited to three thousand (3,000) square feet in
net leasable commercial and office space: antique
shop; art supply; bakery; bookstore; camera shop;
candy, tobacco or cigarette shop; catalogue store;
drug store; florist shop; gift shop; hobby shop;
jewelry shop; key shop; liquor store; pet shop;
photography shop; stationery store; dry cleaning;
pickup station; barber and beauty shop; small
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appliance store; art gallery; decorator shop;
seamstress; laundromat; tailor; shoe repair shop;
radio and TV broadcasting stations; rental, repair
and wholesalingl provided they are accessory uses;
electrical and plumbing service shops; automobile
washing facility; pharmacies; art studio; and
catering service.
B. 6.000 sa.ft. The following and similar uses shall
be limited to six thousand (6,000) square feet in
net leasable commercial and office space: drugstore
(including pharmacy); equipment rental, storage and
repair; shop craft industry; fabrication and repair
and building materials; sporting goods store;
variety shop; professional offices; and major
appliance stores.
C. 9.000 sa. ft. The following and similar uses shall
be limited to nine thousand (9,000) square feet in
net leasable commercial and office space: service
station and restaurant.
D.
12.000 sq.ft. The following and similar uses shall
be limited to twelve thousand (12,000) square feet
in net leasable commercial and office space:
vehicle sales; builder supply yard; lumber yard; dry
cleaning plant and laundry; manufacture and repair
of sporting goods; printing and publishing plant;
furniture store; carpet and floor covering store;
financial institutions; and food market.
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E. 20.000 sa.ft. The following and similar uses shall
be limited to twenty thousand (20,000) square feet
in net leasable commercial and office space:
warehousing and storage.
F. Retail sales areas. All of the square footage
limitations on use shall not restrict the square
footage of the total retail sales areas in these
Zone Districts, or any buildings occupied by any
combination of more than one (1) of the. above uses;
provided, however, that any business enumerated
above I of the same type which occur individually or
jointly in a single structure or combination of
structures situated upon a single tract of land
under the same ownership, shall be considered one
(1) business and together restricted to the maximum
net leasable commercial and office space provided
in this section.
section 2:
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That the city Clerk be and hereby is directed, upon the adoption
of this ordinance, to record a copy of this ordinance in the office
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of the Pitkin County Clerk and Recorder.
section 3:
If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction I such provision and such
holding shall not affect the validity of the remaining portions
thereof.
section 4:
This Ordinance shall not effect any existing litigation and shall
not operate as an abatement of any action or proceeding now pending
under or by virtue of the ordinances repealed or amended as herein
provided I and the same shall be conducted and concluded under such
prior ordinances.
section 5:
A public hearing on the Ordinance shall be held on the ~~day of
~ ' 1991 at 5:00 P.M. in the city council Chambers, Aspen
ity Halll Aspen Colorado I fifteen (15) days prior to which a
hearing of public notice of the same shall be published in a
newspap~r of general circulation within the city of Aspen.
INTRODUCED, READ AND
t~ Council of the
, 1991.
ORDERED PUBLISHED as provided by law, by
C'ty of Aspen ~the 10""-> dey. of
('3~'-
John ennettl Mayor
AT EST:
Kathryn
FINALLY ADOPTED this 22nd day of July 1991.
/3~
John B 'nnett, Mayor
ATTEST:
Kathryn
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MEMORANDUM
TO:
Mayor and Council
THRU:
FROM:
Carol O'Dowdl City Manager
Amy Margerum, Planning Directo~
Leslie Lamont, Planner
THRU:
RE:
Square Footage Limitation Code Amendment - section 5-
504, Second Reading Ordinance 22
DATE:
July 22, 1991
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SUMMARY: The applicant, Pitkin County Bank, seeks to amend Section
5-504 of the Aspen Land Use Code. The amendment would change the
term "gross floor area" to "net leasable commercial and office
space." This section of the COde restricts the size of individual
commerical business only within the CC, C-1, and S/C/I zone
districts.
A text amendment is a two step review process requiring review by
the Commission and Ordinance adoption procedures at Council.
The Commission reviewed the amendment at their May 7 meeting and
recommends approval of the text amendment for section 5-504.
During first reading of Ordinance 22, the Council asked staff to
more clearly illustrate the impact of the amendment. Staff has
included a sketch defining gross floor area, net leasable and floor
area. Staff has also sampled some buildings and estimated the
affect the change in the language would have upon those particular
buildings.
COUNCIL GOALS: The proposed amendment is consistent with Goal #14:
to develop a consistent and fair government so that citizens know
what to expect...
BACKGROUND: Pitkin County Bank received a 1990 commercialGMQS
allocation for 2/240 square feet of net leasable square footage to
enlarge the existing bank building.
Commercial GMQS allotments are allocated on a net leasable sauare
foot basis. Because net leasable does only refers to useable space
the additional net leasable pushes the Bank over the allowable
"gross floor area" for a financial institution. Pursuant to
Section 5-504, financial institutions are limited to a maximum of
12/000 square feet of "gross floor area." The Zoning Department
has interpreted "gross floor area," although not defined in the
Land Use Code, to mean a building's gross square footage
everything contained within the four walls above and below grade.
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Note: floor area, as defined in the code, generally does not
include below grade space and net leasable is generally defined as
all commercial or office space that is meant to be leased and
occupied above or below grade space excluding bathrooms, stairs,
corridors, mechanical and storage areas. Please see attached
illustration.
The effect of this language upon the applicant is to preclude the
Pitkin County Bank and Trust Company the ability to occupy all of
the additional square footage that they received with their 1990
GMQS allocation. The Bank could build the space but would have to
lease it to another business (as the total exceeds, "gross floor
area") and lease space elsewhere for their expanded needs. The
proposed floor area is below the allowable floor area for the site
in that CC zone district. Additionally, GMQS requires only
competition for "net leasable" space. Supporting space (closets I
storage etc.) may represent floor area but is not considered net
leasable and does not require competition or mitigation. Please
see attachment B for Pitkin County Bank calculations.
PROBLEM DISCUSSION:
A. Although the Planning Department has confirmed Zoning's
interpretation regarding "gross floor area," staff does agree with
the applicant that the language is problematic for the following
reasons:
1) "Gross floor area" is not defined within the Code and is not
typically used throughout the Code as a guideline for development.
2) "Floor area" is the term used within the Code to regulate the
bulk and mass for a proposed development.
3) within the CCI C-l, and S/C/I zone districts maximum allowable
floor area and other dimensional requirements are used to limit the
bulk of commercial and office buildings.
4) "Net leasable" commercial and office space is the term used
for growth impact mitigation for employee housing and parking
impacts, which is a limitation to the size of a business.
5) The Land Use Code requires mitigation for the expansion of net
leasable space within an existing building. For example, if an
existing business seeks to convert basement storage area into net
leasable space any expansion less than 500 square feet must be
reviewed by the Planning and Zoning Commission and greater than 500
square feet must compete in Growth Management.
6) Staff has reviewed four buildings to help determine the affect
this amendment would have on existing businesses. Staff will
present those findings at the Council meeting.
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7) Staff considers this request reasonable and appropriate lending
better consistency to the Land Use Code.
B. The applicant offers three other ideas regarding the continued
use of the term "gross floor area" such as:
1) The limitation was designed to limit the size of businesses
rather than a building's bulk. The community was probably
concerned about the development of a large commercial structure
such as a K-Mart. This would support the fact that a large
building can contain numerous small commercial uses.
2) The applicant also believes that at the time this zoning
regulation was promulgated that "gross floor area" really referred
to "floor area."
3) Discussions with Alan Richman (please see attached letter, C)
have also revealed that when the new regulations were being
inserted into the Code, the terminology for the limitations of size
was not reviewed for consistency with the rest of the code. A
review probably would have amended this section of the code.
C. Proposal
1. The applicant purposes to substitute the term "net leasable
commercial and office space" for "gross floor area" in this section
of the Code.
2. The applicant also suggests reducing the net leasable square
footage allowed in this section. The term net leasable could
result in slightly larger structures because "net leasable" does
not include storage, closets I etc. This problem arose when the
Code was amended to use "net leasable" instead of "floor area" as
a measurement for commercial GMQS quotas. Research showed that
approximately 85% of a building's floor area typically constitutes
net leasable space therefore the quotas were reduced by 15% so the
total floor area of the commercial building did not drastically
increase in size but remained consistent to past acceptable sizes
as defined within the Code.
This memo does not include a 15% reduction in allowable square
footage for several reasons: a) mitigation is required on net
leasable square footage which potentially limits size; b) a
reduction in maximum allowable may create non-conforming conditions
for existing businesses or structures; and c) other dimensional
requirements are used to limit the bulk of commerical and office
building's.
However, staff is interested in the Council's comments regarding
this element of the Code Amendment.
3. Allowances for storage and underground parking can be excluded
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from this section because the definition of "net leasable" excludes
storage and underground parking.
C. Amendment: Section 5-504 is proposed to be amended as follows:
with the Commercial Core (CC), commercial (C-1),
and Service/Commercial/Industrial (S/C/I) zone districts,
all permitted and conditional commercial business shall
be restricted to the fOllowing maximum ~res5 fleer areal
exeludiB~ aayhaacmcnt, fer steragc (except eemmcreial
sterafJo pa.rpeses er \illder~rel:lfld par~tin~ net leasable
commercial and office space.
A. 3.000 sa. ft. The following and similar uses shall
be limited to three thousand (3,000) square feet in
~ress fleer area net leasable commercial and office
space: antique shop; art supply; bakery; book-
store; camera shop; candy, tobacco or cigarette
shop; catalogue store; drug store; florist shop;
gift shop; hobby shop; jewelry shop; key shop;
liquor store; pet shop; photography shop; stationery
store; dry cleaning; pickup station; barber and
beauty shop; small appliance store; art, gallery;
decorator shop; seamstress; laundromat; tailor; shoe
repair shop; radio and TV broadcasting stations;
rental, repair and wholesaling, provided they are
accessory uses; electrical and plumbing service
shops; automobile washing facility; pharmacies; art
studio; and catering service.
B. 6.000 sa. ft. The following and similar uses shall
be limited to six thousand (6,000) square feet in
~resa fleer area net leasable commercial and office
space: drugstore (including pharmacy); equipment
rental, storage and repair ; shop craft industry;
fabrication and repair and building materials (l.rith
an adaitiel'tal three thellSal'td (3, BJl8) sqtiare feet
permitted fer stera~e); sporting goods store;
variety shop; professional offices; and major
appliance stores.
C. 9.000 sa. ft. The following and similar uses shall
be limited to nine thousand (9,000) square feet in
~ress fleer area net leasable commercial and office
space: service station and restaurant.
D. 12.000 sa.ft. The following and similar uses shall
be limited to twelve thousand (12/000) square feet
in ~ress fleer area net leasable commercial and
office space: vehicle sales (.lith aR additieRal six
theuaaRd (6,888) sqtiare feet permitted fer elltaeer
tltera~e); buflder supply yard; lumber yard; dry
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cleaning plant and laundry; manufacture and repair
of sporting goods; printing and publishing plant;
furniture store; carpet and floor covering store;
financial institutions; and food market (wit.h aR
nddi$ienal ~rcc theuaand (J,00B) square feet
permitted fer a~era;c andaeecooery aaes).
E. 20.000 sa. ft. The following and similar uses shall
be limited to twenty thousand (20/000) square feet
in ljJresa fleer area net leasable commercial and
offiQe space: warehousing and storage.
F. Retail sales areas. All of the square footage
limitations on use shall not restrict the square
footage of the total retail sales areas in these
Zone Districts, or any buildings occupied by any
combination of more than one (1) of the above uses;
provided, however, that any business enUlllerated
above, of the same type which occur individually or
jointly in a single structure or combination of
structures situated upon a single tract of land
under the same ownerShip, shall be considered one
(1) business and together restricted to the maximum
ljJreas fleer area net leasable commercial and office
space provided in this section.
D. summary:
within the
development.
In summary, the proposed Change insures consistency
Code and is the most appropriate guideline for
staff recommends the following changes to Section 5-504:
1) changing the term "gross floor area" to "net leasable
commercial and office space";
2) eliminating the exclusion language for storage, basement and
underground parking; and
PLANNING AND ZONING COMMISSION VOTE 5 FOR 0 AGAINST
Key Issues: The commission agreed with staff that a reduction in
the a.llowable square footage was unnecessary. The Commission also
requested staff to consider minimum sizes to try and prevent the
"cubiclization" of retail space in the downtown.
RECOMMENDATION: The Commission recommends to Council approval of
the text amendment for Section 5-504.
PROPOSED MOTION: I move to read Ordinance 221 Series of 1991.
I move to approve Ordinance 22 on second reading amending Chapter
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24 of the Municipal Code section 5-504.
CITY MANAGER COMMENTS:
ATTACHMENTS:
A. Sketch
B. Bank Calculation
C. Richman Letter
D. Ordinance 22
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ATTACHMENT A
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closet
non net-
leaseable
Znd,Floor
"connnercial/retail"
net leaseable
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1st Floor !
"connnercial/retail" !
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net leaseable I
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Gross
Floor
Area"
garage
non net-
leaseable
bathroom
non net-
leaseable
basement
I' ,.,
commercial/retail"
net-leasE!able
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I Floor
\ Area
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Attachment B ~.~q
Existina Proposed Total Allowable
Gross Building Area 9,240 4,190 13,430 12/000
Floor Area 4,700 4,150 8,850 9,030
Net Leasable Area 5/460 2,240 7,700 12,000
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EXHIBIT 3
ATTACHMENT C.
ALAN M. RICHMAN PlANNING SERVICES
1015 East Hyman Avenue Sulte 5 Aspen, Colocado 81611-4122 303-925-7634 ,
October 25, 1990
Mr. Sunny Vann
Vann Associates
230 E. Hopkins Avenue
Aspen, Colorado 81611
Dear Sunny,
You have asked me to examine Section 5-503 of the Aspen Land Use Regulations, Use
.' Square Footage Umitations, so that I might recall the changes made to this provision
during the re-codification of the former zoning and subdivision regulations.
In reviewing this section of the Code, it is my recollection that the only change which was
made was to eliminate the Planning and Zoning Commission's ability to grant variations
from these standards. The consultant felt that granting variances was not within P&z's
. powers, which, conveniently, allowed us to eliminate one of Aspen's many review
procedures.
It is my recollection that no consideration at all was given to the term "gross floor area".
It was never brought to our attention that the term was not defined. Moreover, had we
thought about the term, we might have instead used "net leasable floor area", a term
which is already used in connection with other provisions regulating commercial uses.
I would suggest that if the term "net leasable floor area" were ever to replace the term
gross floor area in this section, then the square footage limitations themselves might need
to be re-calculated. Based on research we conducted during the Code revision process,
the limitations should be reduced by a factor of 0.85, to reflect net leasable versus total
floor area of a commercial building. .
I hope this information clarifies your understanding of the actions taken with respect to
this provision.
Very truly yours,
ALAN M. RICHMAN PLANNING SERVICES
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Alan M. Richman, AICP
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MEMORANDUM
FROM:
Mayor and Council
Carol O'Dowd, city Manager "A/
Amy Margerum, Planning Director~\NV
Leslie Lamont, Planner
TO:
THRU:
THRU:
RE:
Square Footage Limitation Code Amendment - Sec.tion 5-
504, First Reading Ordinance
DATE:
May 28, 1991
SOHMARY: The applicant, pitkin County Bank, seeks to amend
Section 5-504 of the Aspen Land .Use Code changing the language
that limits the maximum size of a financial institution. "Gross
floor area" is the term used to restrict the size of an
individual commercial business within the CC, C-l, and S/C/I Zone
Districts. The applicant proposes to change the term to "net'
leasable commercial and office space."
A tex1;: amendment is a two step review process requiring review by
the Commission and Ordinance adoption procedures at Council~
The Commission reviewed the amendment at their May 7 meeting and
recommends approval of the text amendment for Section 5-504.
COUHCILGOALS: The proposed amendment is consistent with Goal
#14: to develop a consistent and fair government so that
citizens know what to expect...
BACKGROUND: pitkin county Bank received a 1990 commercial GMQS
allocation for 2,240 square feet of net leasable square footage
to enlarge the existing bank building.
As you know, commercial GMQS allotments are allocated on a net
leasable square foot basis. However, the Bank's allocation
pushes them over the allowable "gross floor area" for a financial
institution. Pursuant to Section 5-504, financial institutions
are limited to a maximum of 12,000 square feet of "gross floor
area." The Zoning Department .has interpreted "gross floor area,"
although not defined in the Land Use Code, to mean a building's
gross square footage - everything contained within the four walls
above and below grade.
Note: floor area as defined in the code generally does not
include below grade space and net leasable is generally defined
as al~ commercial or office space that is meant to be leased and
occupied excluding bathrooms, stairs, corridors, mechanical and
storage areas.
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The effect of this language upon the applicant is to preclude the
Pitkin county Bank and Trust Company the ability to occupy all of
the additional square footage that they received with their 1990
GMQS allocation:
Existina Increase ProDosed
Gross Building Area 9,240 4,190 13,430
Floor Area 4/700 4,150 8,850
Net Leasable Area 5/460 2,240 7,700
Note: The proposed floor area is below the allowable floor area
for the site in that CC zone district.
PROBLEM DISCUSSION:
A. Although the Planning Department has confirmed Zoning's
interpretation regarding "gross floor area," staff does agree
with the applicant that the language is problematic for the
following reaSOns:
1) "Gross floor
typically used
development.
2) "Floor area" and "net leasable" are the terms used within the
Code to define the parameters of a development.
area" is not defined within the Code and is not
throughout the Code as a guideline for
.
3) "Net leasable" commercial and office space is the term used
for growth impact mitigation whic~a~ ~Il~~~~ limiting factor.
4) Within the CC, C-l, and S/C/I z6~~futricts maximum
allowable floor area and other dimensional requirements are used
to limit the bulk of commercial and office buildings.
5) Since the time of the original zoning regulations the term
"net leasable commercial and office space" has been included in
the Code to be used for growth impact mitigation purposes and
floor area is used for bulk control. Thus, this change insures
consistency within theCQde and is the .most appropriate guideline
for development.
The applicant offers two other ideas regarding the continued use
of the term "gross floor area"such as:
1) The limitation was designed to limit the size of businesses
rather than a building'S bulk. The community was probably
concerned about the development of a large commercial structure
such as a K-Mart. This would support the fact that a large
building can contain numerous small commercial uses.
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2) The applicant also believes that at the time this zoning
regulation was promulgated that "gross floor area" really
referred to "floor area."
3) Discussions with Alan Richman, please see attached letter,
have also revealed that when the new regulations were being
inserted into the code that the terminology for the limitations
of size was not reviewed for consistency with the rest of the
code. A review probably would have amended this section of the
code.
B. Proposal
1. The applicant purposes to substitute the term "net leasable
commercial and office space" for "gross floor area" in this
section of the Code.
2. The applicant also suggests reducing the square footage
allowed in this Section. The term net leasable could result in
slightly larger structures because "net leasable" is more
permissive than "gross floor area." This problem arose when the
Code was amended to use "net leasable" instead of "floor area" as
a measurement for commercial GMQS quotas. Research shewed that
approximately 85% of a building'S floor area typically
constitutes net leasable space therefore the quotas were reduced
by 15% so the total floor area of the cOllllllercial building did not
drastically increase in size but remained consistent to past
acceptable sizes as defined within the Code. '
This memo does not include a 15% reduction in allowable square
footage for several reasons: a) mitigation is required on net
leasable Iilquare footage which potentially limits size; and b) a
reduction in maximum allowable may create non-conforming
conditions for existing businesses or structures.
However, staff ilil interested in the Council's cOllllllents regarding
thilil element of the Code Amendment.
3. Allowances for Iiltorage
excluded from this Section
lealilable" excludes Iiltorage and
and underground parking can be
because the definition of "net
underground parking.
C. Amendment:
follows:
Section 5-504 is proposed to be amended as
With the Commercial Core (CC), COllllllercial (C-l) ,
and Service/Commercial/Industrial (S/C/I) zone
districts, all permitted and conditional commercial
business shall be restricted to the following maximum
C!fZ'e8'!t-~-:leer- area r-e-:lfel-tidi:-I'lg'-e.!'lY- be.1gelOOft'b,-~~:l"~
te:lfeeP-e---eeiIlIIleJ!'e~1---lt-ee:l"ag'e'--~li':l"l'e5C5 --e:l"--ttl'tde~~li'M
~a-:l"~i:-I'lg'-net leasable COlIIlIIercial and office space.
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A. 3.000 sa. ft. The following and similar uses
shall be limited to three thousand (3,000) square
feet in ~reMI :Hee~-6rea net leasable commercial
and office space: antique shop; art supply;
bakery; bookstore; camera shop; candy, tobacco or
cigarette shop; catalogue store; drug store;
florist shop; gift shop; hobby shop; jewelry shop;
key shop; liquor store; pet shop; photography
shop; stationery store; dry cleaning; pickup
station; barber and beauty shop; small appliance
,store; art gallery; decorator shop ; seam.stress;
laundromat; tailor; shoe repair shop; radio and TV
broadcasting stations; rental, repair and
wholesalinq, provided they are accessory uses;
electrical and plumbing service shops; automobile
washing facility; pharmacies; art studio; and
catering service.
B. 6.000 sa.ft. The following and similar uses shall
be limited to six thousand (6,000) square feet in
~Z'e81!! ~%eo~--a-l!'ea net leasable commercial and.
office space: drugstore (including pharmacy);
equipment rental, storage and repair; shop craft
industry; fabrication and repair and building
materials tw~--aft--add-i~-iefte.~--~hret.--bboueend
t"7e~---eq1!"a-re---f~"'-pa'!lli~-~--s~~)-t
sporting goods store; variety shop; professional
offices; and major appliance stores.
c. 9.000 sa.ft. The following and similar uses shall
be limited to nine thousand (9,000) square feet in
~ ~%eo~--a-l!'ea net leasable commercia1 and
office space: service station and restaurant.
D. 12.000 sa. ft. The following and similar uses
shall be limited to twelve thousand (12,000)
square feet in ~~ f.%eo~- area net leasable
commercial and office space: vehicle sales tw~
a-ft-~al ->5-iiC--tl1al:\sa-M--f6;~->5~are--~
pe_i-~-~-~-~e); builder supply
yard; lumber yard; dry cleaning plant and laundry;
manufacture and repair of sporting qoods; printing
and publishing plant; furniture store; carpet and
floor covering store; financial institutions; and
food market twi--eft--en--add.-i~-iet'le:i--'ehl!'ee--bboueend
t3-;-&&&)--~- fee~--~'m:i~~-ed---f~--8i!erafJe--a-ftti
aeecase~y uac3~
E. 20.000 sa. ft. The following and similar uses
shall be limited to twenty thousand (20,000)
square feet in ~~ f.%eo~- area net leasable
commercial and office space: warehousing and
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,
F.
storage.
Retai1 sa1es areas. All of the square footage
limitations on use shall not restrict the square
footage of the total retail sales areas in these
Zone Districts, or any buildings occupied by any
combination of more than one (1) of the above
uses; provided, however, that any business
enumerated above, of the same type which occur
individually or jointly in a single structure or
combination of structures situated upon a single
tract of land under the same ownership, shall be
considered one (1) business and together
restricted' to the maximum ~rel!tl!I f-%eo~- ~ea net
1easab1e comm.ercia1 and office space provided in
this section.
D. Sonmn<try: In summary staff recommends the following changes to
Section 5-504:
1) changing the term "gross floor area" to "net 1easable
commercial and office space";
2) eliminating the exclusion language for storage, basement and
underground parkingiand
PLAHNIHG AND ZORING COMMISSION VOTE 5 FOR 0 AGAINST
Key Issues: The Commission agreed with staff that a reduction in
the allowable square footage was unnecessary. The Commission
also requested staff to consider minimum sizes to try and prevent
the "cubiclization" of retail space in the downtown.
RECOMMENDATJ:ON: The commission recommends to Council approval of
the text amendment for Section 5-504.
PROPOSED lIOTl:oN: I move to read and approve Ordinance , Series
of 1991 on first reading amending Chapter 24 of the Municipal
Code Section 5-504.
,
CITY MANAGER COMMENTS:
ATTACBM:ERTS:
A. Richman Letter
B. Ordinance
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, MEMORANDUM
TO:
FROM~
Aspen Planning and Zoning Commission
Leslie Lamont I ,Planning
Square Footage Limitation Code Amendment - section 5-
504
RE:
DATE:
May 7, 1991
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SUMMARY: The applicant seeks to amend section 5-504 of the Aspen
Land U~~.cod!Ochanging the language that limits the maximum size
of "financial'institution. "Gross floor area" is the term used
restrict of an individual commercial business within
e , 1, and S/C/IZon Districts. The a~ Plicant. pr o~s . ~o
ange the term to "net le sable a:rea." . _ ~
~~. . ~
A tex is a two step review process requiring n icing .
in the newspapers at the Commission and qrdinance adopt~on
procedures at councir.
staff recommends approval of the text amendment for section 5-
504.
APPLICANT:
Vann.
Aspen Bank Shares, Ltd., as represented by Sunny
APPLICANT'S REQUEST: Amend Secti;.o n1J-:!)5 c{f1a i.ng "gross floo.r
area" to "net leasable tll'"'9:i. " "',
G5Y'fvvv\.QX/CZ C-f:::y ~ -'
STAFF COMMENT'S: U (.. ~
A. Background: Pitkin county Bank received a 1990 commercial
GMQS allocation for 2,240 square feet of net leasable square
footage to enlarge the existing bank building.
Pursuant to Section 5-504, financial institutions are limited to
a maximum of 12,000 square feet of "gross floor area. II The
Zoning Department has interpreted "gross floor areal" although
not defined in the Land Use Code, to mean a building t s gross
square footage as everything contained within the four walls
above and below grade.
Note: floor area as defined in the code generally does not
include below grade space and net leasable is generally defined
as all commercial or office space that is meant to be leased and
occupied excluding bathrooms, stairs I corridors, mechanical and
storage areas.
The effect of this language upon the applicant is to preclude the
Pitkin County Bank and Trust Company the ability to occupy all of
--.
,--.'
the additional square footage that they received with the,ir 1990
GMQS allocation:
Existinq Increase Proposed
Gross Building Area 9,240 4/190 13,430
:
Floor Area 4,700 4,150 8,850
Net Leasable Area 5,460 2,240 7,700
Note: The proposed floor area is below the allowable floor area
for the site.
Although the Planning Department has confirmed
interpretation, staff does agree with the applicant
language is problematic for the following reasons:
Zoning's
that the
1) "Gross floor
typically used
development.
area" is not defined within the code and is not
throughout the Code as a guideline for
2) "Floor area" and "net leasable" are the terms used within the,
Code to define the parameters of a development.
3) "Net leasable" square footage is the term used for growth
impact mitigation which can be a size limiting factor.
4) within the CC, C-1, and S/C/I zone districts maximum
allowable floor area and other dimensional requirements are used
to limit the bulk of commercial buildings.
5) Since the time of the original zoning regulations the term
"net leasable" has been included in the Code to be used for
growth impact mitigation purposes and floor area is used for bulk
control. Thus I this 'change insures consistency within the Code
and is the most appropriate guideline for development. '
The applicant offers two other ideas regarding the continued use
of the term "gross floor area" such as:
1) The limitation was designed to limit the size of businesses
rather than a building's bulk. The community was probably
concerned about the deve'lopment of a large commercial structure
such as a K-Mart. This would support the fact that a large
building can contain numerous small commercial uses.
2) The applicant also believes that at
regulation was promulgated that "gross
referred to "floor area."
the time this zoning
floor area" really
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.
3) Discussions with Alan Richm~n I please see attached letter,
have also revealed that when the new regulations were being
,inserted into the code that the terminology for the limitations
of size was not reviewed for consistency with the rest of the
code. A review probably would have amended this section of the
code. '
B. Proposal:
C'~">The applicant purposes to substitute th~ term "net leasable
/--"--~ea" for "gross floor area" in this' Section of the Code.
\~ .. 2. "'\ The applicant alfio suggests reducing the square footage
.... allowed' in this section. The term net le.asable could result in
slightly larger structures becCiuse "net leasable area" is more
permissive than "gross floor area." This problem arose when the
Code was amended to use "net leasable" instead of "floor area" as
a measurement for commercial GMQS quotas. Research showed that
approximately 85% of a building's floor area typically
constitutes net leasable space therefore the quotas were reduced
by 15% so the total floor area of the commercial building did not
drastically increase in size but remained consistent to past
acceptable sizes as defined within the Code.
This memo does not include a 15% reduction in allowable squa.re
footage, for several reasons: a) mitigation is required on' net
leasable square footage which potentially limits ,size; and b) a
reduction in maximum allowable may affect existing bu.sinesses
perhaps creating a non~ccinforming condition with existing
usinesses or structures.
~
~-
However, staff is interested in the Commission's comments
regarding this element of the Code Amendment.
3. Allowances for storage
excluded from this Section
leasable" excludes storage and
and underground parking can
because the definition of
underground parking.
be
"net
C. Amendment:
follows:
Section 5-504 is proposed to be amended as
with the Commercial Core (CC) I Commercial (C-1),
and Service/Commercial/Industrial (S/C/I) zone
districts I all permitted and conditional commercial
business shall be restricted to the following maximum
<!r~:t:t--f.:!. e~-~,--elfer1:td-i-I't€!-t1f\Y- ~ascmel'l-t-;--:f~-s-~l'lt<!re
fe:lfeell'~--ee-lltllte~i-1t r --:t~t'-It<!re --ll'l:tl'll'e-se:t--el'--l:t!'lcl-el'<f~l:tMi
ll'1t1'~i-~
A. 3.000 sq.ft. The following and similar uses
shall be limite~~o ree thousand (3,000) square
feet in <!rl'~~~-~~~Q: antique shop; art
--~~~
,....--..,
~
supply; bakery; bookstoFe; camera shop; candy,
tobacco or cigarette shop; catalogue store; drug
store; florist shop; gift shop; hobby shop;
jewelry shop; key shop; liquor store; pet shop;
photography shop; stationery store; dry cleaning;
pickup station; barber and beauty shop; small
appliance store; art gallery; decorator shop;
seamstress; laundromat; tailor; shoe repair shop;
radio and TV broadcasting stations; rental, repair
and wholesaling, provided they are accessory uses;
electrical and plumbing service shops; automobile
washing facility; pharmacies; art studio; and
catering service.
B. 6.000 so. ft. The following and similar uses shall
be .~.. to six thousand (6,000) square feet in
~~ rea :.drugstore (including pharmacy);
equipmen rental. storage and repair; shop craft
industry; fabrication and repair and building
,ma ter ials fwl,-e-ft--al'l--&dd4.'t4.~&~---t.-ffl:'ee--~
t-3-,ee-f)i ---gq1f'a-re - --f-eet---pei:'fll-it-t-ed---~--a--e-~r~h
sporting goods store;' variety shop; professional
offices; and major appliance stores.
C. 9.000 so.ft. The following and similar uses shall
b~~~ nine thou~and (Q,.?OO) square feet in
~-~~ rea: serv~ce stat~on and restaurant.
D. 12.000 so. ft. The following and similar. uses
shall be limited t~.twe e. thousand (12,000)
square feet in ~~ero ~oa: vehicle sales
fwl,-e-ft--Ml--a:ddH;::j,el'\"ar-~ - a-al'let--(-6-;~--eql:ta-re
~ee~--~~m4.'t'ted---f~-~-~t~ra~~); builder
supply yard; lumber yard; dry cleaning plant and
laundry; manufacture and repair of sporting goods;
printing and publishing plant; furniture store;
carpet and floor covering store; financial
institutions; and food market tWl,-e-ft-al'l-&dd4.'t4.~fte~
-eftree-"'ft~ti5eftd--{-3-,~--eqtta-re--fee"'-~it-t-ed--rer
a-"l:-er~e-a-I'let-a-eeea-~ry-tta-ea-r~
E.
20.000 so.ft.
shall be limite
square feet in ~
storage.
and similar uses
thousand (20,000)
: warehousing and
F. Retail. sales areas. All of the square footage
limitations on use shall not restrict the square
footage of the total retail sales areas in these
Zone Districts, or any buildings occupied by any
combination of more than one (1) of the above
uses; providedl however, that any business
4
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enumerated above, of the same type which occur
individually or jointly in a single structure or
combination of structures situated upon a ,single
tract of lanQ unQer the same ownership, shall be
considered one ,(1) business anQ together
restricted to the maximum ~~e floor" area
provided in this section.
Amended language is proposed to read as follows:
With the Commercial Core (CC), Commercial (C-l), and
service/Commercial/Industrial (S/C/I) zone districts, all
permitted and conditional commercial business shall be restricted
to the following maximum net leasable leeF aFea'~n~'~
O"""'-""'<lrOu~6~
A. 3.000 Sq. ft. The owing and, similar uses' ,
shall be limited to e ousand (3,000) square
feet in net leasabW OQ,r area: antique shop;
art supply; bakery; booksio e; camera shop; candy I
tobacco or cigarette shop; catalogue store; drug
store; florist shop; gift shop; hobby shop;
jewelry shop; key shop; liquor store; pet shop;
photography shop; stationery store; dry cleaning;
pickup station; barber and beauty shop; small
appliance store; art gallery; decorator shop;
seamstress'; laundromat; tailor; shoe repair shop;
'radio and TV broadcasting stations; ,rental, repair
and wholesalingl provided they are accessory uses;
electrical and plumbing service shops; automobile
washing facility; pharmacies; art studio; and
catering service.
B. 6.000 sa. ft. following and similar uses shall
be limitedt '.six ousand (6 1000) square feet in
net leasable' 'f oor rea: drugstore (including
pharmacy); equip n rental I storage and repair;
shop craft industry; fabrication and repair and
building materials; sporting goods store; variety
shop; professional offices; and; major appliance
stores.
,..
v.
9.000 Sq. ft. The following
be limited t06>;ne ousand
net leasable 'fl rea:
restaurant.
and similar uses shall
(9,000) square feet in
service station and
D. 12.000 sq.ft. The fol1 and similar uses
shall be limited to tw usand (12/000)
square feet in net leasable rea: vehicle
sales; builder supply yard; er yard; dry
cleaning plant and laundry; manufacture and repa~r
of sporting goods; printing and publishing plant;
5
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furniture. store; carpet and floor covering store;'
fin~ncial ins~itutions; and food market.
E. 20.000 so.ft. The following and .s' 'lar uses
shall be limited to twenty thou nd 20 I 000)
square feet in net' leasable loor area:
warehousing and storage.
F. Retail sales areas. Afl of the square footage
limitations on use ~hall not re$trict the square
footage of the total retail sales areas in these
Zone Districts, or any buildings occupied by any
combination of more than one (1) of the above
uses; provided, however I that any busi~ess
enumerated above, of the same type which occur
individually or jointly in a single structure or
combination of structures situated upon a single
tract of land under the same ownership all be
considered one (1) business an tog 'ther
restricted to the maximum net leasable floor rea
provided in this section.
SUMMARY: In summary staff recommends the fOllowing changes to
section 5-504:
1) changing the term "gross floor area" to "net leasable area";
2) eliminating the exclusion language for storage f" basement and
underground parking; and
RECOMMENDATION: Staff recommends that the Commission recommend
to Council approval of the text amendment for section 5-504.
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PUBLIC NOTICE
RE: PROPOSED TEXT AMENDMENT TO SECTION 5-503 OF THE ASPEN
LAND USE REGULATIONS
NOTICE IS HEREBY GIVEN that a p~blic hearing will be held on
Tuesday, May 7, 1991 at a meeting to begin at 4:30 pm before,the
Aspen Planning and Zoning commission, 2nd Floor Meeting Room, 130
South Galena street, Aspen, Colorado to consider an application
submitted by Aspen Bank Shares, Ltd. as owner of the Pitkin
County Bank'and Trust Company requesting an amendment to the text
of section 5-503 of the Aspen Land Use Regulations. The proposed
text amendment would replace the term "gross floor area" with the
term "net leasable area".
For further information, contact the Aspen/Pitkin Planning
Office, 130 S. Galena st., Aspen I CO 920-5090.
sIC. Welton Anderson. Chairman
planning and Zoning Commission
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Published in The Aspen Times on April 16, 1991.
City of Aspen Account.
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MEMORANDUM
TO:
city Attorney
FROM:
Leslie Lamont, Planning Office
Text Amendment, Section 5-510, Use Square Footage
RE:
DATE:
March 26, 1991
======:=========================================================
Attached for your review and comments is an application from
Aspen Bank Shares, Ltd. (Pitkin County Bank & Trust) requesting a
text amendment.
Please return your comments to me no later than April 15, 1991.
Thank you.
r-.,
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ASPEN/P~~'Kil\l PLANNING OFFICE
130 S. Galena street
Aspen, Colorado 81611
(303) 920-5090
March 261 1991
sunny Vann
Vann Associates
230 East Hopkins Avenue
Aspen I CO 81611
Re: Text Amendment, section 5-503, Use Square Footage
Dear Sunny,
The Planning Office has completed its preliminary review of the
captioned application. We have determined that this application
is complete. Please submit the application fee of $780.00.
We have scheduled this application for review at a pUblic hearing
by the Aspen Planning and Zoning Commission on May 7, 1991 at a
meeting to begin at 4:30 pm. The Friday before the meeting datel
we will call to inform you that a copy of the memo pertaining to
the application is available at the Planning Office.
If you have any questions, please call Leslie Lamont, the planner
assigned to your case.
sincerelYI
Debbie Skehan I
Office Manager
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VANN ASSOCIATES, INC.
:::2.'''~:1g Cor',sultants
March 14, 1991
HAND DELIVERED
Ms. Kim Johnson
Aspen/Pitkin Planning Office
l30 South Galena Street
Aspen I Colorado 81611
Re: Pitkin County Bank & Trust Company/Use Square Footage
Limitation Code Amendment
Dear Kim:
Please consider this letter an application for an amendment
to the language of section 5-503, the Use Square Footage
Limi tat ions of the Aspen Land Use Regulations (see Pre-
Application Conference Summary attached hereto as Exhibit 1).
The application is submitted pursuant to section 7-1103 of
the Regulations by Aspen Bank Shares, Ltd. (dba, the Pitkin
County Bank & Trust Company). The Applicant's representative
is Sunny Vann of Vann Associates, Inc., Planning Consultants
(see Exhibit 2, Permission to Represent).
Background
On December 17, 1990, the city Council awarded the Applicant
a commercial GMQS allotment for the expansion of the Pitkin
County Bank & Trust company building. The allotment consist-
ed of two thousand two hundred and forty (2,240) square feet
of net leasable area which is to be used to add a partial
second floor to the existing bank building. The addition is
to be occupied solely by bank personnel, and is necessary to
alleviate existing overcrowded conditions within the bank.
Pursuant to section 5-503.D. of the Regulations, financial
institutions are limited to a maximum of twelve thousand
(12,000) square feet of "gross floor area". Al though the
Regulations contain a definition of the term "floor area",
and provide direction as to how floor area is to be measured
for "floor area ratio" and "allowable floor area" purposes I
the Zoning Department has taken the position that the term
"gross floor area" I as used in section 5-503, refers to a
building's gross square footage as opposed to its floor area.
230 East HOPKins Avenue' Aspen, Coiorado 81611 . 303/925'6958
~.
, .
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Ms. Kim Johnson
March 14, 1991
page 2
While the staff's interpretation is arguably debatable~ if
sustained, it would preClude the Pitkin County Bank & Trust
Company from occupying all of the additional square footage
which is to be constructed pursuant to their GMQS allotment.
As Table 1 below illustrates, the gross square footage (i.e'l
the "gross floor area") of the expanded building will be
approximately thirteen thousand four hundred and thirty
(13,430) square feetl or one thousand four hundred and thirty
(1,430) square feet greater than the twelve (12,000) square
foot maximum limitation. The building's expanded "floor
area", however, will be significantly less than the maximum
allowed.
Table 1
Development Data'
Existing Proposed Increase
Gross Building Area2 9,240 13,430 4,190
Floor Area3 4,700 8,850 4,150
Net Leasable Area4 5,460 7,700 2,240
,
All numbers rounded to nearest ten (10) square feet.
2
The sum of the gross horizontal areas of each story of
the building.
3
The building's basement has been excluded as it is
located one hundred (100) percent below grade.
4
Excludes areas dedicated to bathrooms, stairways,
corridors, mechanical areas and storage areas.
As you know, the Applicant requested a formal interpretation
of the relevant provisions of the Regulations from the
Planning Office. While the staff agreed with the Zoning
Department's interpretation, they indicated that the language
was indeed problematic, and suggested that the Applicant
apply for an amendment to the Regulations.
proposed Amendment
While I believe that the use square footage limitations of
Section 5-503 predate the current staff's tenure in the
t"'"
,-,
Ms. Kim Johnson
March 14, 1991
Page 3
planning Office, it is my understanding that the limitations
were conceived as a means of regulating the relative size of
commercial businesses rather than as a bulk control. At the
time they were adopted, the community was apparently con-
cerned about the possibility of someone developing an
unusually large commercial structure (e.g., a K-Mart or a
large grocery store). This understanding would appear to be
supported by the fact that it is possible to maximize a
structure's floor area while not exceeding the various use
square footage limitations. In other words, a large building
could contain multiple small commercial uses.
Unfortunately, little if any public record exists regarding
the adoption of the zoning regulations in which the use
limitations originally appeared. The zoning regulations in
question were adopted, I believe, concurrent with the city-
wide rezoning which occurred in the early seventies. As
"floor area" was the standard measure of building size at the
time, I believe that the term "gross floor area" as used in
section 5-503 referred to floor area and not gross building
square footage, the Zoning Department's interpretation
notwithstanding.
Since the adoption of the original zoning regulations,
numerous changes have occurred in the way floor area is
measured. In addition, the new Aspen Land Use Regulations
have introduced the term "net leasable area"l which is the
standard for measuring impact for growth management and
affordable housing purposes. Floor area is now used solely
as a bulk control. If in fact the intent of the use limita-
tions was to control the relative size of commercial busi-
nesses, as opposed to building bulk, I believe that the
substitution of "net leasable area" for "gross floor area" in
the current regulations would more appropriately achieve this
obj ecti ve. The use of net leasable area would, in my
opinion, permit a more accurate comparison of business size.
In discussing the adoption of the new Aspen Land Use Regula-
tions with Alan Richman, he indicated that the use limita-
tions of the' old code were simply transferred to the new
regulations. Little, if any, discussion as to their contin-
ued applicability apparently occurred during the adoption
process. Alan also indicated that the terminology (i.e.,
"gross floor area") of the limitations was not reviewed for
consistency with the language and definitions contained in
the new regulations. In hindsight, I believe he would agree
that this issue should have been addressed in connection with
the adoption of the new Regulations. A letter from Alan
addressing this issue is attached as Exhibit 3.
,I'""'-,
I'""'-,
Ms. Kim Johnson
March 14, 1991
Page 4
Based on the above, the Applicant requests that Section 5-503
be amended to replace the term "gross floor area" with the
term "net leasable area". To the best of my knowledge, the
Regulations contain no other reference to gross floor area.
As a result, no definition of this term need be drafted. The
term net leasable area was defined in connection with the
1988 adoption of the Aspen Land Use Regulations. The
introductory paragraph to Section 5-503 would, therefore,
read as follows.
"Within the Commercial Core (CC), commercial (c-l), and
Service/Commercial/Industrial (S/C/I) Zone Districts,
all permitted and conditional commercial business shall
be restricted to the following maximum net leasable
area".
As the definition of net leasable area excludes storage areas
used exclusively by the tenants of the building, I believe
that the language in Section 5-503 which refers to the
exclusion of basements used for storage and underground
parking can be eliminated.
It should be noted that the use of "net leasable area" to
limit the relative size of commercial structures will result
in slightly larger buildings as this term is more permissive
than "gross floor area". This potential problem also arose
when the unit of measure for the commercial GMQS quotas was
changed from "floor area" to "net leasable area". The
problem was resolved, however, by reducing the quotas by
fifteen (15) percent. This reduction was based on the theory
that approximately eighty-five (85) percent of a commercial
building's floor area typically constitutes net leasable
space.
Should the staff have a similar problem regarding the
Applicant's proposed amendment, the same approach could be
utilized to reduce the size of the various existing use
square footage limitations. In other words I the existing
limitations could be reduced by fifteen (15) percent to
ensure the maximum size of the community's commercial
structures remains unchanged. For example, the existing
twelve thousand (l2,OOO) square foot gross floor area
limitation on the size of financial institutions would become
a ten thousand two hundred (10,200) square foot limitation on
net leasable area.
As the Applicant ability to proceed with the construction of
the proposed bank addition is dependent on obtaining the
proposed regulatory amendment, any assistance you may be able
.
l
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, . --.---:--.,." ~~~-r:""'::;:. '-
1"""'\
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Ms. Kim Johnson
March 14, 1991
Page 5
to provide in the timely scheduling of our application would
be sincerely appreciated. Should you have any questions, or
require additional information, please do not hesitate to
call.
Very truly yours,
VANN ASSOCIATES, INC.
SV:cwv
Attachments
EXHIBIT 12//7
.l;'>{E-APPLICATION CONFERENCE SUMMARY
PROJECT: Cdb~f)J.AIOcl--~.fo ~~~ ~cd-.
<" ' fitCO. f;.q.. j
APPLICANT'S REPRESENTATIVE: /UMM.O
REPRESENTATIVE'S PHONE: ,5. (//rc::J6
.1"""\
CITY OF ASPEN
~
OWNER'S NAME:
1.
Type of Application:
~Sa;Y
Describe action/typ~ of development ~ing requested:
, ~ uM 1/ drP d:d~t1A,~
(~:!.a~~ch APpli=t has been requested to respond.
types of reports requested: ,
2.
Policy Areal
, Referral Aaent
~M{J.Nt
'C.
g
Comments
~ :he~ ~
4.
Review is: (P&Z
5.
Public Hearing:
Only) (CC Only)
~+r- (NO)
of the application
3
6.
Number of copies
7. What fee was applicant requested to submit:
8. Anticipated date of submission:
9. COMMENTS/UNIQUE CONCERNS:
frm.pre_app
,......,
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EXHIBIT 2 '
VANN ASSOCIATES, INC.
PIRnnlng CO:lsultants
september 12, 1990
HAND DELIVERED
Ms. Leslie Lamont
Aspen/Pitkin planning Office
130 South Galena street
Aspen, Colorado 81611
Re: Permission to Represent
Dear Ms. Lamont:
Please consider this letter authorization for Sunny Vann of
Vann Associates, Inc., planning Consultants, to represent
Aspen Bank Shares, Ltd. in the processing of our application
for a commercial growth management allocation for an addition
to the Pitkin County Bank & Trust Company building located at
534 East Hyman Avenue. Mr. Vann is hereby authorized to act
on our behalf with respect to all matters reasonably pertain-
ing to the aforementioned application.
Should you have any questions, or if we can be of any further
assistance, please do not hesitate to call.
Sincerely,
Aspen Bank Shares, Ltd.
~I~
Charles B. Israel, President
Pitkin County Bank & Trust Company
(303) 925-6700
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230 East Hopkin~; Avnr~I:". /I.,snml. C,J!'Ir'rldo .',1611. ]03,'Q2:).f\95B