HomeMy WebLinkAboutcoa.lu.sp.Moss SPA.A5492
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CASELOAD SUMMARY SHEET
city of Aspen
DATE RECEIVED:
DATE COMPLETE:
6 ~25/92
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PARCEL ID AND CASE NO.
A54-92
STAFF MEMBER: KJ
PROJECT NAME: Moss S eciall Planned Amendment
Project Address: 225 North Mill st.. Aspen. CO 81 11
Legal Address: 225 North Mill st.. Aspen. CO 81611
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APPLICANT: Charles Moss Jr.
Applicant Address:
REPRESENTATIVE: Sunnv Vann
Representative Address/Phone: 230 E. Hopkins. Ave.
Aspen. CO 81611 925-6958
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FEES: PLANNING $ 2011 # APPS RECEIVED 3
ENGINEER $ 55 # PLATS ~ECEIVED 3
HOUSING $
ENV. HEALTH $
TOTAL $ 2066
PAID: (YES) NO AMOUNT: $ 2066
NO. OF COPIES RECEIVED 3/3
TYPE OF APPLICATION:
P&Z Meeting Date ~/Z;
CC Meeting Date
1 STEP: 2 STEP:
PUBLIC HEARING: ,(Y~
VESTED RIGHTS: YES
x
NO
NO
1sT
PUBLIC HEARING:
YES
NO
, V:!. 0
~~ J 1{?Jb VESTED RIGHTS:
Pldnnl.ng lJl.reC1:0r Approval:
Insubstantial Amendment or Exemption:
YES NO
Paid:
Date:
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REFERRALS:
City Attorney Mtn Bell
>( City Engineer Parks Dept.
Housing Dir. Holy ~ross
Aspen Water Fire Marshall
City Electric Bldg Inspector
Envir.Hlth. Roaring Fork Other
Aspen Con. S.D. Energy Center Clean Air Board
~~:~=~~~~~~~~===~!=~~~=======:~:::~~~~==~=====~=~~/ 7
School District
Rocky Mtn NatGas
State HwyDept(GW)
State HwyDept(GJ)
FINAL ROUTING: DATE ROUTED:
___ city Atty ~ City Engineer ___Zoning
___ Housing Other:
INITIAL:
___Env. Health
FILE STATUS AND LOCATION:
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SPECIALLY PLANNED AREA DEVELOPMENT AGREEMENT
"225 N. MILL STREET"
SPECIALLY PLANNED AREA
A /.~s Agr~mJmt, made and entered into, this 10M day of
! V O~ a-r , 1992, by and between the City of Aspen, Colorado, a Municipal
Corporation and Home Rule City (the "City"), and Moss Limited Liability Company of Aspen,
a Wyoming Limited Liability Company, qualified to transact business in the State of Colorado
("Moss").
RECITALS
1. Moss is the fee simple owner of the property described in Exhibit "A" to tPis
Agreement together with all of the improvements thereon formerly known as the Aspen Savings
and Loan Building (the "Property").
2. The Property is zoned NC, Neighborhood Commercial, Mandatory Specially
Planned Area (SPA).
3. The Building is believed to have received SPA approval from the City Council
of the City ("Council") on April 11, 1977. The existing building thereon ("Building") contains
8,082 square feet of floor area and has a net leasable area of 9,324 square feet.
4. At the time the Building was approved, the parties believe no SPA and
Development Agreement was entered into, nor was any SPA Plan filed for recording.
5. On June 2, 1992, the Planning and Zoning Commission of the City of Aspen
("P&Z") granted conditional use approval to Moss's predecessor in title to the Property pursuant
to Resolution No. 92-15 for the use of the Building for unlimited business and professional office
purposes, subject to the conditions contained in said Resolution No. 92-15.
6. On June 25, 1992, the City's Planning Director administratively approved an
insubstantial amendment to the original SPA approval for the Property to permit an
approximately 324 square foot addition for an elevator, subject to the conditions contained in
that administrative approval. Such administrative approval is authorized by Section 24-7-
804E.1. of the Municipal Code of the City of Aspen ("Code").
7. On July 13, 1992,Council granted subdivision exemption approval for the
condominiumization of the Building pursuant to its ordinance No. 92-43, as subject to certain
conditions as contained in said Ordinance.
8. On September 14, 1992, the City Council approved an amendment to the existing
SPA approval for the Property as previously amended to permit the location and operation of
a "radio broadcast station" within the Building pursuant to Ordinance No. 92-55. That ordinance
was subject to certain specific conditions.
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9. The parties concur that inasmuch as no SPA Development Plan or Agreement for
the Property was made and entered into at the time that the Building was approved, nor were
any specific agreements in the nature of an SPA Plan and Agreement, or amendment thereto
made and entered into at any subsequent time when land use approvals were considered and
granted for the Property, that it is necessary and appropriate that a development and subdivision
agreement be entered into at this time governing the use of the Property and the Building.
10. The City is willing to approve, execute and accept this agreement ("Agreement")
and the SPA Development Plan ("Plan") to be filed for record upon the agreement of Moss to
the matters hereinafter described, subject to all of the requirements tenns and condition of
Article VII of Chapter 24 of the Municipal Code of the City of Aspen, as presently constituted
and such other laws, rules and regulation now in effect as are and may be applicable.
11. The City has imposed conditions and requirements in connection with its approval,
execution and acceptance of this Agreement and the Plan for recordation and such matters are
necessary to protect, promote and enhance the public health, safety and welfare.
12. Moss has provided the City with a copy of the Plan in a fonn acceptable to the
City.
NOW, THEREFORE, in consideration of the premises, the mutual covenants herein
contained, and the approval, execution and acceptance of the Plan for recordation by the City
and the Clerk and Recorder of Pitkin County, Colorado, it is agreed as follows:
1. Zonin~ Classification. The City confirms that the Property is zoned NC,
Neighborhood Commercial Specially Planned Area (SPA).
2. Ai'plicable Zoning Re!!ulations. The applicable regulations which govern the
permitted and conditional uses, dimensional requirements, and off street parking requirements
with respect to the use of the Building on the Property, are those of the NC, Neighborhood
Commercial zone district of the City presently in effect as of September 14, 1992.
3. Exception for Off-Street Parkin!!. Because no expansion of the Building's net
leasable area was proposed or approved under the September 14, 1992 approval, the foregoing
notwithstanding, the City agrees that the approvals herein referenced for the Building shall not
require off street parking in addition to that which presently exists on the .Property
4. Business and Professional Office Use of the Property. Pursuant.to Resolution No.
92-15 of the P&Z, business and professional office uses are permitted within the Building subject
to the following conditions:
(a) Prior to the issuance of any building pennit for the Building, the existing
(as of June 2, 1992) metal rail fence in the alley lying to the south of the Property shall
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be removed or shall receive an encroachment license from the City, the issuance of
which shall be in the discretion of the City.
(b) Prior to issuing a building pennit for any expansion of the Building
or before there shall occur any site reconstruction which alters historic drainage of the
Property, a site drainage plan prepared by a registered engineer licensed in the State of
Colorado shall be submitted to and approved by the City's Engineering Department.
(c) Prior to or concurrent with the issuance of any building permit for any
improvements to the Property, the driveway radii at its intersection with Mill Street shall
be reconstructed to be a minimum of 10 feet in order to facilitate safer ingress/egress to
the Property.
(d) Any work in the public right-of-way adjacent to the Property shall require
such pennits as shall at the time of such work be required by the City for such work to
be perfonned, including, but not limited to, an excavation permit.
(e) All material representations made by the applicant in connection with the
granting of Resolution No. 92-15 and during public meetings with the P&Z shall be
adhered to and be considered conditions of approval to such Resolution No. 92-15.
5. Elevator Pennitted. The City ratifies and confirms the approval by the City's
Planning Director of the insubstantial amendment to the Property's prior SPA approval (Le. the
existing building design) to pennit an approximately 324 square foot addition for an elevator,
subject to the following conditions:
(a) Prior to the issuance of a building permit for the elevator proposed to be built
on the Property, Moss shall fIle a final SPA development plan and agreement. The
development plan shall show existing site improvements and proposed elevator.
(b) All material representations made by the applicant (Moss's predecessor in
title) to the Planning Director of the City in connection with such insubstantial
amendment shall be adhered to and be considered conditions of approval, unless
otherwise amended by other conditions.
6. Condominiumization Pennitted. On July 13, 1992, the City, acting by and
through its Council, granted subdivision exemption approval for the condominiumization of the
Building by its ordinance No. 92-43 subject to the conditions proposed by the.P&Z as set forth
in paragraph 4 above in connection with the conditional use approval granted pursuant to its
Resolution No. 92-15 together with the following two additional conditions:
(a) The condominium plat to be submitted for recordation with the Pitkin County
Clerk and Recorder in connection with the condominiumization of the Property shall meet
all of the City's unifonnly applied Engineering Department requirements for such plats.
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(b) A subdivision exemption agreement shall be submitted to the City,
approved by it and recorded contemporaneously with the filing of the condominium plat
of the Property for record.
7. Radio Broadcast Station Permitted. On September 14, 1992, the City, acting by
and through the Council enacted Ordinance No. 92-55 permitting a use variation from the SPA
approval for the Property to permit the location, maintenance and operation of a radio broadcast
station on the Property subject to the following conditions:
(a) The variation to use allowing a radio broadcast station to occupy the
Property shall be specified in an SPA agreement and shall be noted and indicated on the
Plan.
(b) Various conditions of previous approvals (Le. those set forth in paragraphs
4, 5 and 6 hereinabove) shall be complied with.
(c) Work done in connection with the Property must receive permits from the
streets department for any work done within any public right-of-way.
(d) All material representations made in the application and during public
meetings with the P&Z and/or Council shall be adhered to and considered conditions of
approval, unless otherwise amended by other conditions.
(e) Upon approval of the Plan by the appropriate City referral agencies, Moss
and Council shall enter into an SPA Development Agreement binding the Property to the
conditions placed upon the development order approving the Plan.
(f) Within 180 days of approval by the Council, the Plan and the SPA
Development Agreement shall be recorded with the Pitkin County Clerk and Recorder, and
failure to do so shall render any approvals null, void and invalid.
8. Confirmation of Buildinl! Size. The City and Moss hereby acknowledge that the
Building contains 8,082 square feet of existing floor area and 9,324 square feet of net leasable
area. The purpose of the foregoing restitutions are to provide a baseline for review of any
applications for future expansion of the Building on the Property.
9. General Provisions
(a) Notices to be given to the parties to this Agreement shall be deemed given
if personally delivered or if deposited in the United States Mail to such parties by registered or
certified mail at the address indicated below, or at such other address as may be sustained upon
written notice by the parties or their successors and assigns:
City of Aspen, City Planning Director
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130 S. Galena,
Aspen, CO 81611
With Copy to:
City Manager and City Attorney
130 S. Galena Street
Aspen, CO 81611
Moss Limited Liability Company
225 N. Mill Street
Aspen, CO 81611
With Copy to:
Leonard M. Oates, Esq.
Oates, Hughes & Knezevich, P.C.
533 E. Hopkins Ave., Third Floor
Aspen, Co 81611
Vann Associates Planning Consultants
230 East Hopkins Avenue
Aspen CO 81611
(b) Binding Effect. The provisions hereof are binding upon and constitute a
burden upon the title to the Property, shall enure to the benefit of Moss, the City, their
respective successors and assigns.
(c) Ap'plicable Law. This Agreement shall be subject to and construed in
accordance with the laws of the State of Colorado and the Code.
10. Vested Ri!rhts. Pursuant to Section 24-6-207 of the Municipal Code, a Vested
Property Right is hereby established for all development activities approved by this Agreement
and, accordingly, for the three year period next succeeding September 14, 1992; no zoning or
land use action by the City, legislative or otherwise and no citizen initiated zoning or land use
action shall in any manner alter, impair, prevent, diminish or otherwise delay any development
activities or use of the Property approved, ratified and confirmed by this Agreement, except:
(i)
action;
With the consent of the owner of the Property affected by such
(ii) Upon the discovery of natural or man made hazards on or in the
immediate vicinity of the Property effected by such action, which hazards could
not reasonably heretofore have been discovered and which hazards, if uncorrected
would propose a serious threat to the public health, safety and welfare; or
(iii) Nothing by the establishment of this Vested Property Right shall
exempt the development activities or use of the Property contemplated in or by
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this Agreement from subsequent reviews and approval which may be required by
other provisions of this agreement or the general rules, regulations and ordinances
of the City provided that such reviews and approvals are not inconsistent with the
development activities or use of the Property contemplated in or by this
Agreement. Moreover the establishment of this Vested Property Right shall not
preclude the application of ordinances or regulations which are general in nature
and are applicable to all properties subject to land use regulation by the City
including but not limited to, building, fIre, plumbing, electrical and mechanical
codes and in connection with any such development activities or use of the
Property, the owner(s) of the Property involved shall abide by any and all such
building, fire, plumbing, electrical and mechanical codes, unless such owner(s)
shall have been granted an exemption therefrom in writing. Nothing by the
establishment of this Vested Property Right shall preclude judicial detennination,
based upon common law principals, that a vested property right exists with
respect to any development activity or use of the Property approved by this
agreement, or that any subsequently enacted or citizen initiated zoning or land use
action has resulted in compensable taking of all or some portion of the Property.
In the event of a fInal determination by the Council of a non-compliance with the
terms of this Agreement by Moss, then so much of the Vested Property Right
hereby established as relates to that approval as set forth above, shall from, then
and thereafter no longer exist; provided that if such determination is ever
judicially invalidated, the Vested Property Right formally extinguished, shall ipso
facto, thereupon be revived nunc pro tunc to the time the Council's determination
of noncompliance.
11. Severability. If any of the provisions of this Agreement or any paragraph,
sentence, clause, phrase, word or section or the application thereof in any circumstances is
invalidated, such provision, paragraph, sentence, clause, phase, word or section shall be severed
from the agreement and the remainder shall remain in full force and effect.
12. Entire Agreement: Amendment. This Agreement contains the entire understanding
and agreement between the parties hereto, the City agrees to approve and execute the Plat, and
to accept the same for recordation in the recording offIce of Pitkin County Colorado, upon
payment of the recordation fee and costs to the City by Moss. For its part, Moss hereby ratifIes
and confirms each and every representation set forth on the Plat and in this Agreement and made
in the course of submittals and hearings (as amended and presently effective), upon which
approvals granted may have been based.
13. Reasonableness. In all dealings with one another, in connection with all
determination or interpretations that are to be made pursuant to this Agreement, the parties
hereto, their agents, employees, designations, and affIliates and any third parties called upon to
make any determination pursuant to the provisions of this Agreement shall conduct themselves
reasonably, fairly and in good faith.
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14. IN WITNESS WHEREOF the parties have hereunto set their hands and seal the
day and year above first written.
THE CITY OF ASPEN, COLORADO, a
Municipal Corporation
By: ~ (3~
John Benn t, Mayor
e;T:
Katherine
MOSS LIMITED LIABILITY COMPANY OF ASPEN
By: ~O:::::::--~ t
Ch s B. Moss Jr., Manager
(Notary acknowledgments on the next page)
EXHIBIT A
LEGAL;DESCRIPTION: Block 78 Lots Do' E, F, G, H, & I
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STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
~ . The foregoing instrument was acknowledged before me this cZYf;o day of
~ ~ ~ ,1992 by John Bennett, as Mayor and Katherine Koch, as Clerk of the City
"- 0 ... -:;,"-'Q spen, (:olorado, a Municipal Corporation.
,..oU.g:\,C}1Ai'i .
$ ,;., ':~ ~~~~itness my hand and official seal.
;L u %;;...,g'flUB\\\'; 'C
~ g '\';;,,;j.,. .)~y Commission expires: ;1),;J.1 /~
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COUNTY OF PITKIN )
4Il.
~ ~OregOing instrument was acknowledged. ,before me this L day of
H '/L, 1992 by Charles B. Moss Jr., Manager of Moss Limited Liability
Company of Aspen, a Wyoming Limited Liability Company qualified to transact business in the
State of Colorado.
Witness my hand and official seal.
M. Y commission expires: / / - P=f :;;)
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Notary Public
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. Kim Johnson
.City.ofAspen' Sui ]din.s'
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the. P 1 ann i ns Department... Thank YOl,l. for
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Sincere y,
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P.O:BOX825 . BASALT, COLORADO 81621 . 303927-4411 . FAX 303 927-4069
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V ANN ASSOCIATES
Planning Consultants
September 15, 1992
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Ms. Kim Johnson
AspenlPitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: 225 North Mill Street SPA Amendment
Dear Kim:
As we discussed this afternoon, the Moss SPA amendment approval does not require the
recordation of the final SPA development plan and agreement prior to issuance of a
building permit for the remodeling of the building. City Council Ordinance No. 92-55,
however, does require that the plan and agreement be recorded within one hundred and
eighty (180) days of Council's approval of the SPA amendment.
Since failure to record the documents will render the approval void, the radio station
cannot occupy the building unless the above condition is met. Mr. Moss is aware of this
requirement, and will prepare and submit the final SPA plan and agreement for review,
execution and recordation concurrent with the remodeling process. It is understood,
however, that occu an of the remodeled space by the radio station is contingent u n
the recordation of the plan and a reement Wit In one hundred and ei a s of
ounCl s eptem er 1 . . aporoval. Please note that Mr. Moss will comply With all
applicable conditions of his conditional use approval prior to issuance of a building
permit for the proposed remodeling.
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to call.
Sincerely,
SV:cwv
cc: Charles B. Moss
Leonard W. Oates, Esq.
230 East Hopkins Avenue' Aspen, Colorado 81611 . 303/925-6958' Fax 303/920-9310
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MEMORANDUM
FROM.:
Mayor and Council
Amy Margerum, City Manager vY
Diane Moore, city Planning Directo~
Kim Johnson, Planner
TO:
THRU:
THRU:
DATE:
September 14, 1992
Moss specially Planned Area (SPA) Amendment to Allow a
Radio Broadcasting station at 225 N. Mill Street - Second
Reading of Ordinance 55, Series 1992
RE:
SUMMARY: The Planning commission recommends approval of an SPA
variation to the permitted uses in the underlying Neighborhood
Commercial (NC) zone at 225 N. Mill street (formerly.known as the
Aspen Savings and Loan Building) to allow a radio broadcasting
station to occupy a portion of the structure.
PREVIOUS COUNCIL ACTION: The subject property received Subdivision
Exemption for Condominiumization on July 13, 1992. First reading
of Ordinance 55 for the SPA Amendment was held on August 24, 1992.
BACKGROUND: The Planning Commission voted 5-0 to recommend
approval of the SPA use variation. There was limited discussion
about the radio station being a neighborhood-oriented commercial
operation. Finding that the use serves the "neighborhood" of Aspen
and the office character of the station is in harmony with the rest
of the site and surroundings, the Commission approved the request.
The Applicant noted to the Commission that this location will serve
its Aspen advertising clients. A Glenwood Springs office handles
KSPN's downvalley business.
CURRENT ISSUES: The parcel is zoned Neighborhood Commercial (NC)
with a Specially Planned Area (SPA) overlay. The Applicant,
Charlie MosS, wishes to relocate his radio station KSPN into the
building from its current location at the AABC. Staff had several
meetings with Mr. Moss and his representative regarding moving the
radio broadcast facility into the Moss Building. Staff regards the
request as appropriate to the surrounding area given the
operation's predominate office character and the surrounding land
uses. However, the NC zone does not list broadcast facilities as
a permitted use. A Conditional Use for Business and Professional
Offices was granted by the Planning and zoning commission on June
2, 1992.
The Planning Director was asked to make the interpretation that the
radio station use was allowable under this Conditional Use
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approval. However, as pointed out in a Planning Office letter
dated June 10, 1992 (Exhibit "A"), the Land Use Regulations already
address "broadcast facilities" as a permitted use in the C-1 zone,
and therefore this was not a situation requiring an interpretation.
The option of approval as an SPA variation from the underlying
zoning for the proposed use was presented by staff as the most
workable alternative other than a code amendment changing the NC
zone permitted uses.
city Engineer Chuck Roth also reviewed the application and had no
concerns with a radio station at this location. The recommended
conditions reflect Engineering's comments.
RECOMMENDATION: The Planning and Zoning recommends approval of the
SPA variation to the NC permitted uses to allow a radio station in
the Moss Building, 225 N.Mill street, with the fOllowing
conditions:
1. The variation to use shall be specified in the SPA Agreement
and indicated on the Final Development Plan.
2) Various conditions of previous approvals (GMQS Exemption,.
Conditional Use, and Condominiumization) must be met.
3) The applicant must receive permits from the Streets Department
for any work done within pUblic rights-of-way.
4) All material. representations made by the applicant in the
application and during public meetings with the Planning and
Zoning Commission and city Council shall be adhered to and
considered conditions of approval, unless otherwise amended
by other conditions.
5) Upon approval of a final development plan, the applicant and
city council shall enter into an SPA Agreement binding the
real property to any conditions placed on the development
order approving the final development plan.
6) Within 180 days of approval by City Council, the final
development plan and SPA Agreement must be recorded with the
Pitkin county Clerk and Recorder. Failure to do so will
render any approvals invalid.
ALTERNATIVES: city council could elect to deny the SPA variation
request.
PROPOSED MOTION: "I move to have second reading of Ordinance 55,
Series 1992 for the approval of an SPA use variation to allow a
radio broadcast station in the Moss Building, 225 N. Mill Street,
with the conditions recommended by the Planning and Zoning
Commission."
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CITY MANAGER COMMENTS:
Ordinance 55, Series 1992
Exhibit:
"A" - Planning Office Letter Dated June 10, 1992
moss. spa. ccroeroo
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MEMORANDUM
TO:
Planning and Zoning Ccmmission
FROM:
Kim Jchnson, Planner
RE:
Mcss Specially Planned Area (SPA) Amendment
DATE:
August 4, 1992
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SUMMARY: The Applicant requests ans;I'A. var:i.atioTl,.1fo the permitted
uses in t;he '. underlying Neighborhood.Ccmmercial. (NC) in order to
allow a ,;radio. brcadcast station/in the Moss Building, fcrmerly
known as the Aspen savings and Lcan building. The Planning Office
recommends apprcval of this proposal.
APPLICANT: Charles B. Moss, represented by Sunny Vann
LOCATION: 225 N. Mill street (Lots D-I, Block 78 and Part of Tract
A of the Aspen Tcwnsite)
ZONING: Neighborhcod Commercial (NC) with an SPA overlay
REFERRAL COMMENTS: City Engineer chuck Rcth forwards the following
comments:
1) Various conditicns cf previous approvals (GMQS Exemption,
Ccnditional Use, and Condominiumization) must be met.
2) The Engineering Department has no concerns relative to a radio.
broadcast station operating at this site.
3) The applicant must receive permits from the Streets Department
for any work done within public rights-of-way.
PROPOSAL: Mr. Moss wants to relocate his radio station KSPN into
the building he purchased o.n June 3, 1992.
STAFF COMMENTS: Staff had several meetings with the Applicant and
his representative regarding mcving the radio broadcast facility
into. the Moss Building. Staff regards the request as appropriate
to the surrounding area given the operation's character and the
surrounding land uses. However, the NC zone does not list
broadcast facilities as a permitted use. The Planning Director was
asked to. make the interpretation that this use was allowable under
the June 2, 1992 Conditional Use granted by P&Z for Business and
Professional Offices.
However, as pointed out in a Planning Office letter dated June 10,
1992 (Exhibit "A"), the Land Use Regulations already address
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"broadcast facilities" as a permitted use in the C-1 zone, and
therefore this was not a situation requiring an interpretation.
The option of approval as an SPA variation to use of the underlying
zoning was presented by staff as the most workable alternative
other than a code amendment changing the NC zone permitted uses.
Pursuant to section 24-7-804 D.2. variation requests shall be
processed according to the Final SPA Development Plan review
criteria. The Planning and Zoning commission shall forward a
recommendation to city Council, who makes the final decision. The
following review criteria shall be addressed in the review:
1. Whether the proposed development is compatible with or
enhances the mix of development in the immediate vicinity of
the parcel in terms of land use, density, height, bulk,
architecture, landscaping and open space.
Response: Exterior changes to the structure are not proposed with
this use variation. The function of the radio station is basically
office use. Advertising sales is the primary purpose, with actual
broadcasting needs taking up much less area. This office use is
compatible with the business/professional office uses already
approved for this building as conditional Use this year. The
proposal is also compatible with the surrounding office and retail
commercial land uses in the vicinity.
In discussions with the Applicant, it was presented that no
satellite dish antennas are required for his radio station. Two
or three small roof-mounted wire type antennas will be used. Staff
has requested that more information on these antennas be available
at the Commission hearing. According to the Land Use Regulations,
these type of antennas do not require special review. If a dish
antenna is ever needed, it must be reviewed as a Conditional Use.
2. Whether sufficient pUblic facilities and roads exist to
service the proposed development.
Response: No changes to the existing public facilities and roads
are warranted by this proposed use.
3. Whether the parcel proposed for development is generally
suitable for development, considering the slope, ground
instability and the possibility of mud flow, rock falls,
avalanche dangers and flood hazards.
Response: This criteriijMdoes not apply to this proposal as all
physical development on the site is currently existing.
4. Whether the proposed development creatively employs land
planning techniques to preserve significant view planes, avoid
adverse environmental impacts and provide open space, trails
and similar amenities for the users of the project and the
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public at large.
Response: No changes to the existing structure is proposed, so
this criteria does not apply. As mentioned above, the type of
antennae required will not impact views.
5. Whether the proposed development is in compliance with the
Aspen Area Comprehensive Plan (AACP).
Response: The 1973 AACP indicates this property to have "limited
industrial" use. The proposed use is more compatible with the
"neighborhood commercial" use identified for the properties to the
north and south of this site, the Jerome Professional Building and
the Clark's Market complex. The 1973 Plan is currently out of date
with the actual development in the immediate vicinity.
6. Whether the proposed development will require the expenditure
of excessive public funds to provide pUblic facilities for the
parcel, or the surrounding neighborhood. .
Response: No public expenditures will be required by the proposed
use variation.
7. Whether proposed development on slopes in excess of twenty
percent (20%) meet the slope reduction and density
requirements of Sec. 7-903(B) (2) (b).
Response: This criteril~oes not apply as no new external changes
are proposed with the use change.
8. Whether there are sufficient GMQS allotments for the proposed
development.
Response: A Growth Management allotment is not required for the use
change absent physical changes.
STAFF RECOMMENDATION: The Planning Office recommends approval of
the SPA variation to the NC permitted uses to allow a radio
broadcasting station in the Moss Building, 225 N. Mill Street, with
the following conditions:
1. The variation to use shall be specified in the SPA Agreement
and indicated on the Final Development Plan.
2) various conditions of previous approvals (GMQS Exemption,
Conditional Use, and condominiumization) must be met.
3) The applicant must receive permits from the Streets Department
for any work done within pUblic rights-of-way.
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4) All material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning commission and City council shall be adhered to and
considered conditions of approval, unless otherwise amended
by other conditions.
PROPOSED MOTION: "I move to forward a recommendation to City
council for approval of the SPA use variation to allow a radio
broad:a~t station in the Moss Building, 225 N. Mill street, With.
the t~1;e conditions contained in the Planning Office memo dated
August 4, 1992."
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Exhibit:
"A" - Planning Office Letter Dated June 10, 1992
4
MEMORANDUM
To: . Kim Johnson, Planning Office
From: Chuck Roth, City Engineer (l1f-
Date: July 20, 1992
Re: Moss SPA Amendment
Having reviewed the above referenced application, the engineering department has the
following comments:
1. This parcel has been reviewed at least twice previously. In 1989 there was a GMQS
exemption application. Earlier this year there was a conditional use and
condominiumization application. Various conditions of those reviews have not yet been
met.
2. The Engineering Department has no concerns relative to permitting the operation of
a radio broadcasting station at the site.
3. Given the continuous problems of unapproved work and development in public
rights-of-way, we would advise the applicant as follows:
The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights-of-way and shall obtain
permits for any work or development within public rights-of-way from city
streets department (920-5130).
M92.19S
PUBLIC NOTICE
RE: MOSS SPECIALLY PLANNED AREA AMENDMENT
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, August 4, 1992 at a meeting to begin at 4:30 pm before
the Aspen Planning & Zoning Commission, Pitkin county Library
Meeting Room, Basement Level, 120 North Mill street, Aspen to
consider an application submitted by Charles Moss, Moss Limited
Liability company of Aspen, 835 Roaring Fork Road, Aspen, CO
requesting approval of an Amendment to the Specially Planned Area
Development Order for 225 North Mill street, formerly known as the
Aspen Savings and Loan building, Lot 8, Block 65, City and Townsite
of Aspen. The applicant proposes to locate a Radio Broadcasting
station in this building. For further information, contact Kim
Johnson at the Aspen/ Pitkin Planning Office, 130 S. Galena st.,
Aspen, CO 920-5090.
s/Jasmine Tvqre,Chairman
Planning and zoning commission
Published in The Aspen Times on July 17, 1992.
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city of Aspen Account.
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MEMORANDUM
FROM:
Aspen planning and Zoning Commission
Leslie Lamont
TO:
RE:
Aspen Savings GMQS Exemption
DATE:
July 5, 1989
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SUMMARY: The Aspen Savings and Loan seeks a GMQS exemption by
the Commission for an additional 324 square feet of office space
at the ground floor of the southeast corner of the building.
section 8-104 B(a) of the Land Use Code enables additional space
of less than 500 square feet to be exempted, by the Commission,
from GMQS review. It is recommended that this application be a
consent agenda item.
Last month Aspen Savings and Loan received a staff level sign-off
to begin constrcution af a vault. The vault will be located
below the proposed office space expansion.
APPLICANT: Aspen Savings and Loan, Bill DeYoung, Vice President
LOCATION: 225 North Mill Street
ZONING: Office
APPLICANT'S REQUEST: GMQS Exemption for additional 324 square
feet of office space.
REFERRAL COMMENTS:
Housing: The Housing Authority perceives no employee generation
as the applicant states that there will not be an increase in the
net leasable square footage to the present facility.
Engineering: In a June 25, 1989 memo the Engineering Department
had the following comments:
1. The applicant should be advised that an excavation permit is
required from the Engineering Department for any construction
activity performed within the public right-of-way, inClUding
pedestrian barricades.
2. Please submit the following conditions of approval:
a. The applicant shall reconstruct the driveway wings (that
segment at the entry to the street where the driveway tapers from
the gutter up to curb height) such that the wings begin at the
extension line of the edge of the driveway, which is 24 feet in
width. This driveway is too narrow because of the existing wing
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design and is difficult to use for vehicles entering and exiting
North Mill street.
b. If the applicant has not already done so, an easement shall be
conveyed to the city for the electric transformers. The easement
shall include ingress and egress from the transformers to the
public right-of-way across the applicant's driveway and parking
lot.
c. A revised site plan shall be submitted which shows the
locations of the electric transformers.
STAFF COMMENTS: section 8-104 B(a) enables the Commission to
exempt expansion of office space of not more than five hundred
net leasable square feet. It must be demonstrated that the
expansion will have a minimal impact upon the City.
The existing building is 7,790 square feet of external floor
area. The allowable floor area for the site is 13,765. The
proposed expansion will entail an additional 324 square feet of
office space as well as the enclosure of an outdoor stair case
and ground floor entry already under roof and included in current
F .A.R. The addition will infill the southeast corner of the
building.
Accord~ng to the applicant the office will allow for future
expans~on and re-design of the teller counter within the existing
building and merely relocate desk space for existing offices and
manager in the teller area. No more employees will be hired due
to this office expansion. The applicant feels that this
additional space will allow the Savings and Loan to better serve
customers at the teller counter.
The requirement for parking in the office zone is three spaces
per 1000 square feet, 6.3 spaces are required for the existing
development. There are 17 existing parking spaces on site.
The impacts of this addition should
properties. The new expansion will
building adjacent to the parking lot.
abuts the southern side of the Savings
be minimal to adjacent
occur at the rear of the
Another parking lot also
and Loan parcel.
RECOMMENDATION: The Planning Office recommends that the
Planning and Zoning commis.sion approve the GMQS exemption with
the following conditions:
1. Before a C.o. permit is granted the applicant shall
reconstruct the driveway wings (that segment at the entry to the
street where the driveway tapers from the gutter up to curb
height) such that the wings begin at the extension line of the
edge of the driveway, which is 24 feet in width.
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2. If the applicant has not already done so, an easement shall
be conveyed to the city for the electric transformers. The
easement shall include ingress and egress from the transformers
to the public right-of-way across the applicant's driveway and
parking lot.
3. Before a building permit is issued a revised site plan shall
be submitted which shows the locations of the electric
transformers.
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At their July 5, 1989 meeting the Aspen Planning and Zoning
commission approved, with the following conditions, the GMQS
exemption for the Aspen Savings and Loan office expansion.
1. Before a c.o. permit is granted the applicant shall
reconstruct the driveway wings (that segment at the entry to the
street where the driveway tapers from the gutter up to curb
height) such that the wings begin at the extension line of the
edge of the driveway, which is 24 feet in width.
2. If the applicant has not already done so, an easement shall
be conveyed to the city for the electric transformers. The
easement shall include ingress and egress from the transformers
to the public right-of-way across the applicant's driveway and
parking lot.
3. Before a building permit is issued a revised site plan shall
be submitted which shows the locations of the electric
transformers.
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VANN ASSOCIATES
Planning Consultants
June 24, 1992
HAND DELIVERED
Ms. Kim Johnson
AspenJPitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Moss Specially Planned Area Amendment
Dear Kim:
Please consider this letter an application to amend the Specially Planned Area (SPA)
approval for the former Aspen Savings and Loan building which is located at 225
North Mill Street (see Exhibit 1, Pre-Application Conference Summary, attached
hereto). More specifically, the Applicant wishes to vary the use requirements of the
property's underlying NC, Neighborhood Commercial, zone district to allow the
KSPN radio station to occupy the building. Vested property rights status is also
requested for all approvals granted pursuant to this application.
The application is submitted pursuant to Sections 7-804.E. 2. and 6-207 of the Aspen
Land Use Regulations by Charles B. Moss and the Moss Limited Liability Company
of Aspen, the record owner of the property (see Exhibit 2, Title Policy). Permission
for Vann Associates to represent the Applicant is attached as Exhibit 3. A list of
property owners located within three hundred (300) feet of the building is attached
as Exhibit 4.
Background
. r have reviewed the land use files in the City Clerk's office which pertain to so-called
the Aspen Savings and Loan Association (ASLA) property, and the minutes of the
Planning and Zoning Commission and the City Council related thereto, to determine
the approval history of the existing ASLA building (see Exhibit 5, miscellaneous
Planning Office Memorandums and P&Z/City Council Minutes). Based on my
research, it appears that the ASLA approached the City in June of 1976 regarding
their prospective purchase of the so-called "Bennett" property, and their desire to
construct and operate a financial institution thereon.
The property in question was zoned NC, Neighborhood Commercial, Specially
Planned Area. While financial institutions were neither a permitted or conditional
230 East Hopkins Avenue' Aspen, Colorado 81611 . 303/925-6958' Fax 303/920-9310
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Ms. Kim Johnson
June 24, 1992
Page 2
use in this zone district, the Planning and Zoning Commission had previously deter-
mined in July of 1975 that such uses should be considered business and professional
offices. Since business offices were permitted as a conditional use in the NC zone
district, the Planning Office processed the ASLA's request as an application for
conditional use approval.
The application was reviewed by the P&Z on July 20, 1976. While the Planning
Office recommended that the ASLA be approved as a conditional use in the NC
zone district, the application was tabled until the next meeting to permit the staff to
review the consistency of the proposal with other existing and proposed land uses in
the immediate site area. The P&Z reviewed the application again on July 27, 1976.
The application, however, was tabled a second time, apparently because no specific
site plan for the property had been submitted by the ASLA.
The P&Z's minutes reflect no further consideration of the ASLA's original condi-
tional use application. The land use files, however, indicate that an application for
SPA approval was submitted to the Planning Office by the ASLA in January of 1977.
The application was reviewed by the P&Z on January 18 and February 15, 1977.
The P&Z recommended approval of the SPA application subject to various condi-
tions. The City Council approved the application on April 11, 1977, subject to the
conditions recommended by the P&Z. The conditions contain no reference to the
recordation of a SPA plan, and no such plan has been located in the Engineering
Department's files. The construction of the building is believed to have begun in the
spring or summer of 1977.
On May 15, 1989, The Planning Director granted a growth management quota
system exemption pursuant to Section 8-104.A.1.d. of the Regulations to the ASLA
for the construction of a vault in the basement of the building. On July 5, 1989, the
P&Z approved a second exemption request for a small office addition to the
building's ground floor. The addition, which contained approximately three hundred
and twenty (320) square feet, was approved pursuant to Section 8-104.B.1.a. Both
the vault and the ground floor office addition were subsequently constructed.
It should be noted that the Planning Office's memorandum to the P&Z regarding
the ASLA's requested office addition erroneously referred to the property as being
zoned 0, Office, as opposed to NC, Neighborhood Commercial. There is also no
reference to the ASLA building's prior SPA approval. While it is unclear as to why
no formal conditional use approval appears to have been granted to the ASLA, the
Planning Office's support of this approval is clearly documented in the City Clerk's
records, as is the P&Z's prior determination that a financial institution constituted a
business and professional office. The City Council granted SPA approval to the
building, and two separate expansions of the use were subsequently approved by the
Planning Office and the P&Z.
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Ms. Kim Johnson
June 24, 1992
Page 3
In order to clear up the building's approval history, the International Specialty
Group (the Applicant's predecessor in interest) submitted an application on April 14,
1992, to condominiumize the building, and to lease and/or sell space for business and
professional office purposes. The Planning and Zoning Commission granted
conditional use approval for the proposed office use on June 2, 1992. The Applicant
purchased the building from the International Specialty Group the following day.
The City Council granted subdivision exemption approval to condominiumize the
building at first reading on June 8, 1992. Second reading and final condiminiumiza-
tion approval is scheduled for July 13, 1992. As land use approvals run with the
ownership of the land, the Applicant is the beneficiary of both the conditional use
and condominiumization approvals. The International Specialty Group also request-
ed an insubstantial amendment to the original SPA approval to permit the installa-
tion of an elevator in the entry area of the building. The Planning Director is
currently reviewing this request.
On May 26, 1992, the Applicant's representatives met with the Planning Office to
request an administrative interpretation that a radio station constitutes a business
office. As ''broadcasting stations" are specifically permitted by right in the CC,
Commercial Core, and C-1, Commercial, zone districts, the Planning Director denied
the Applicant's request. In the alternative, the Planning Office suggested that KSPN
be permitted to occupy the building via an amendment to the property's original
SPA approval (see Exhibit 6, Planning Office June 10, 1992, letter). This applica-
tion, therefore, stems from the Planning Office's suggested approach to resolving the
KSPN occupancy issue.
Project Site
As the accompanying improvement survey illustrates, the Applicant's property
consists primarily of Lots D, E, F, G, H and I, Block 78, City and Townsite of
Aspen. The property also contains an adjoining triangular parcel of land which is
part of Tract A of the Aspen Townsite Addition. The property contains approxi-
mately eighteen thousand four hundred and fifty (18,450) square feet of land area,
including the adjoining triangular parcel. The property's NC, Neighborhood Com-
mercial, Specially Planned Area, zoning classification remains unchanged.
Existing man-made improvements to the property include a two (2) story brick
building and a paved parking area. As Table 1 below indicates, the existing building
contains approximately seven thousand six hundred and sixty (7,660) square feet of
floor area. The building's net leasable square footage, howe\!er, tolalS approximately
nine thousand two hundred and ten (9,210 s uare feet. Approximately seventeen
(17) parking spaces are presently pr VI eon-site.
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Ms. Kim Johnson
June 24, 1992
Page 4
Please note that the above figures are based on takeoffs prepared by Hagman Yaw
Architects for International Specialty Group's conditional use/condominiumization
application. The Applicant will to confirm the figures, revise them as may be
necessary, and include them on the final SPA development plan to be recorded in
connection with this application. The existing floor area and net leasable area
takeoffs will form a baseline from which to evaluate any future revisions to the
building.
As the survey and title policy indicate, the property is encumbered by a fifteen (15)
foot utility easement and a portion of a sixteen (16) foot access easement. The utili-
ty easement was granted to the City by the ASLA for the installation and mainte-
nance of underground electric cables. The access easement was granted to the
adjacent Trueman property for the installation of a water line and use as a fire lane.
A similar easement was granted to the ASLA by the owner of the Trueman property
for access purposes. The survey also depicts a temporary construction easement
which was granted to the City for the reconstruction of Mill Street.
Table 1
DEVELOPMENT DATA
1. Total Site Area (Sq. Ft.) 18,450
2. Maximum Allowable Floor Areal 16,970
@ 1:1 (Sq. Ft.)
3. Existing Floor Area (Sq. Ft.)2 7,660
Basemene None
Ground Floor 4,710
Second Floor 2,950
4. Existing Net Leasable Area (Sq. Ft.) 9,210
Basement 2,860
Ground Floor 3,930
Second Floor 2,420
S. Minimum Required Parking @ 4 Spaces/ 32
1,000 Sq. Ft. Net Leasable
6. Existing Parking Spaces 17
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Ms. Kim Johnson
June 24, 1992
Page 5
1
Excludes approximately 1,480 square feet of land area encumbered by an
access easement.
2
All numbers rounded to the nearest ten (10) square feet.
3
The basement is located one hundred (100) percent below grade.
Review Requirements
The proposed relocation of the KSPN radio station to the Applicant's property is
subject to the approval of an amendment to the original Aspen Savings and Loan
Association's SPA approval. Vested rights status is also requested. Each of these
review requirements is discussed below.
1. Specially Planned Area Amendment
Pursuant to Section 7-804.D.2. of the Regulations, the use require-
ments of the property's underlying zone district may be varied provided, however,
that the variation complies with the standards of Section 7-804.B. Pursuant to
Section 7-804.E.2., such requests are reviewed via the final SPA development plan
process. The specific standards for final development plan review, and the proposed
amendment's compliance therewith, are summarized as follows.
a) ''Whether the proposed development is compatible with or
enhances the mix of development in the immediate vicinity of the parcels in terms of
land use, density, height, bulk, architecture landscaping and open space."
As no expansion of the existing building is proposed, the primary
consideration would appear to be the compatibility of the proposed use with
surrounding land uses. For all practical purposes, the KSPN radio station functions
as a business office, as its primary function is the sale of business advertising. While
this advertising occurs via a radio broadcast, similar broadcasting occurs in connec-
tion with numerous other business office uses. For example, radio broadcasting is
essential to Westec Security and Fire Systems business office use. Similarly, Radio
Paging of Aspen, a variety of local property management companies, and the Aspen
Skiing Company all utilize radio broadcast facilities in connection with the day-to-day
operation of their offices.
As most of these businesses are located in zone districts in which
''broadcasting stations" are not specifically permitted, it is clear that the City has
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Ms. Kim Johnson
June 24, 1992
Page 6
allowed radio broadcasting to occur in connection with a variety of business office
uses. As KSPN is essentially no different than other office uses which also broadcast
by radio, it is consistent with the business office uses which received conditional use
approval to occupy the Applicant's building.
The proposed use is also consistent and compatible with existing land
uses in the immediate site area. The Trueman neighborhood commercial complex,
and the Jerome Professional building, are located immediately north and south of
the property, respectively. These two structures contain a variety of commercial and
office uses which are both consistent and compatible with the KSPN radio station.
b) "Whether sufficient public facilities and roads exist to service
the proposed development."
All utilities and the public road system are adequate to serve the
proposed use.
c) ''Whether the parcel proposed for development is generally
suitable for the development, considering the slope, ground instability and the
possibility of mud flow, rock falls, avalanche dangers and flood hazards."
As the proposed use involves an existing building, compliance with this
criteria would appear to have been demonstrated in connection with the original
SPA approval. No expansion of the building is proposed at this time.
d) "Whether the proposed development creatively employs land
planning techniques to preserve significant viewplanes, avoid adverse environmental
impacts and provide open space, trails and similar amenities for the users of the
project and the public at large."
Compliance with this criteria would also appear to have been demon-
strated in connection with the original SPA approval.
e) "Whether the proposed development is in compliance with the
Aspen Area Comprehensive Plan."
The 1973 Aspen Land Use Plan depicts the property, and the immedi-
ate site area, as being within the "Limited Industrial" land use category. The area
immediately north of the property, however, is also designated as "Neighborhood
Commercial". The Applicant's property, and the Trueman property to the north, are
zoned NC, Neighborhood Commercial. The area located immediately south of the
property is zoned 0, Office.
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June 24, 1992
Page 7
t) "Whether the proposed development will require the expendi-
ture of excessive public funds to provide public facilities for the parcel, or the
surrounding area."
No public expenditure will be required as a result of the relocation of
the KSPN radio station to the Applicant's property.
g) "Whether proposed development on slopes in excess of twenty
percent (20%) meets the slope reduction and density requirements of Section 7.
903 (B)(2)(b)."
This criteria is not applicable, as no expansion of the existing building
is proposed.
t) "Whether there are sufficient GMQS allotments for the
proposed development."
As no expansion of the building is proposed, no growth management
quota system allocation will be required to accommodate the proposed use.
Based on the above, we believe that the proposed relocation of the KSPN
radio station to the former Aspen Savings and Loan building will have no adverse
impact upon surrounding land uses or the intent or purpose of the Aspen Land Use
Regulations. For all practical purposes, KSPN functions as a business office, as do
numerous other office uses which utilize radio broadcasting in connection with the
operation of their businesses. Business and professional offices have been approved
as a conditional use for the building, and the KSPN radio station is consistent with
these uses. Additional office uses are also located in the immediate vicinity of the
Applicant's building.
Upon approval to locate the KSPN radio station in the building, the Appli-
cant will prepare a SPA plat which meets the requirements of Section 7-804.D.g. of
the Regulations for review and approval of the City Engineer. In the event required,
a SPA agreement will also be prepared to memorialize any conditions placed upon
the approval of the proposed use. All conditions of the June 2, 1992, conditional use
approval will be adhered to by the Applicant.
4. Vested Property Rights
In order to preserve the land use approval which may be obtained as a result
of this application, the Applicant hereby requests vested property rights status
pursuant to the provisions of Section 6-207 of the Land Use Regulations. It is
understood by the Applicant that, to establish such status, final approval of the
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Ms. Kim Johnson
June 24, 1992
Page 8
proposed amendment must be granted by ordinance of the City Council. It is also
the Applicant's understanding that no specific submission requirements, or review
criteria other than a public hearing, are required to confer such status.
Should you have any questions, or require additional information, please do not
hesitate to call. As the Applicant must relocate KSPN in the near future, any
assistance which you may be able to provide in the timely review of our application
would be sincerely appreciated.
Yours truly,
VANN ASSOCIATES
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EXHIBIT 3
June 22, 1992
HAND DELIVERED
Ms. Kim Johnson
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: permission to Represent
Dear Ms. Johnson:
Please consider this letter authorization for Sunny Vann of
Vann Associates, Planning Consultants, to represent me in
the processing of my application to amend the SPA final
development plan for the former Aspen Savings and Loan
building which is located at 225 North Mill Street. Mr.
Vann is hereby authorized to act on my behalf with respect
to all matters reasonably pertaining to the aforementioned
application.
Should you have any questions, or if I can be of any fur-
ther assistance, please do not hesitate to call.
Sincerely,
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Charles B. Moss
Moss Limited Liability Company of Aspen
835 Roaring Fork Road
Aspen, CO 81611
(303) 925-4550
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EXHIBIT 2
SCHEDULE A-OWNER'S POLICY
CAse NUMBER
PCT-6527
AMOUNT OF INSURANCE
$ 2.000.000.00
DATE OF POLICY
6/3/92 @ 4:01 P.M.
POI,ICY NUMBER
128-035099
1. NAME OF INSURED:
MOSS LIMITED LIABILITY COMPANY OF ASPEN. A WYOMING LIMITED LIABILITY
COMPANY
2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS:
IN FEE SIMPLE
3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN:
MOSS LIMITED LIABILITY COMPANY OF ASPEN. A WYOMING LIMITED LIABILITY
COMPANY
4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
PLEASE REFER TO EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
PITKIN COUNTY TITLE. INC.
601 E. HOPKINS AVE.
ASPEN, COLORADO 81611
(303) 925-1766
THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE
COVER SHEET.
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POLICY NO. 128-035099
CASE NO. pCT-6527
EXHIBIT "A"
LEGAL DESCRIPTION
All of Lots D. E, F. G. H and I in Block 78 of the City and Townsite of Aspen according
to the Official Plat recorded as Reception No. 109023 in Drawer 3. Together with an
adjoining triangular parcel of land. being a part of Tract A of the Aspen Townsite
Addition in Section 7. T. 10 S.. R. 84 W. of the 6th P.M. more particularly described
as follows:
Beginning at a point where line 4-5 of the City and Townsite of Aspen intersects with
the Easterly line of Block 78 as it runs along the Westerly line of Mill Street:
Thence Northwesterly along said line 4-5 of Aspen 185 feet. more or less. to the
intersection of line 4-5 with the Northerly line of Block 78 as it runs along the
Southerly line of Hallam Street;
Thence Easterly along the projected said Northerly line of Block 78. 155 feet. more or
less. to the projected Northeasterly corner of Block 78:
Thence Southerly along the Easterly line of Block 78 as it is projected along the
Westerly side of Mill Street 100 feet, more or less. to the point of beginning.
Except any portion of said triangular parcel lying South of the Southerly boundary line
of Lots A through I. Block 78. extended Easterly to Mill Street.
AND
A parcel of land situated in the SW 1/4 of Section 7. Township 10 South. Range 84 West
of the 6th Principal Meridian. Pitkin County, Colorado. Said parcel is more fully
described as follows:
Beginning at a point on the Westerly line of the Mill Street right-of-way whence the
West 1/4 corner of said Section 7 bears N 26039'14" W 1724.04 feet;
Thence S 20016'00" W 86.72 feet; thence N 14050'49" E 86.33 feet along the Easterly line
of Block 78, City of Aspen; thence S 75"09'11" E 8.19 feet to the point of beginning.
Except any portion thereof being a part of the right-of-way for Mill Street.
-----CONTINUED-----
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POLICY NO. 128-035099
CASE NO. PCT-6527
EXHIBIT "A" --LEGAL DESCRIPTION--CONTINUED--
AND
A perpetual non-exclusive easement and right-of-way for purposes of ingress and egress
over the following described real property:
A parcel of land situated in the SW 1/4 of Section 7. Township 10 South, Range 84 West
of the 6th Principal Meridian. Pitkin County, Colorado. Said parcel is more fully
described as follows:
Beginning at the point of intersection of line 4-5 of the Aspen Townsite with the
Northerly line of Block 78. City of Aspen, whence the West 1/4 corner of said Section 7
bears N 22"15'02" W 1618.85 feet:
Thence S 75"09'11" E 157.76 feet along the Northerly line of Block 78. City of Aspen:
Thence N 69"44'00 W 157.05 feet:
Thence S 20"16'00" W 14.90 feet to the point of bednning.
AND
A trail easement situated in the SW 1/4 Section 7. Township 10 South. Range 84 West of
the 6th Principal Meridian. Pitkin County. Colorado. being 5 feet on each side of the
following described centerline:
Beginning at a point on the line between Lot 1 and Lot 2 of the Trueman Neighborhood
Commercial Project. whence the West 1/4 corner of said Section 7 bears N 24"33'28" W
1355.04 feet:
Thence S 05"00'00" W 30.00 feet:
Thence 82.61 feet around a curve to the left having a radius of 400.00 feet: thence S
06"50'00" E 73.00 feet;
Thence 54.02 feet around a
Thence S 70"00'00" E 25.00
Thence 15.71 feet around a
Thence S 10"00'00" E 28.48
Colorado.
to the left having a radius of 49.00 feet:
curve
feet:
curve to the right
feet to a point on
having a radius of 15.00 feet:
the North line of Block 78. City of Aspen.
COUNTY OF PITKIN.
STATE OF COLORADO.
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.ASPEN SAV~INGS & ~LOAN ASSNIUI
p, 0, BOX 2121 . Aspen. Colorado 81611 . (303) 925-1474-<
June 22, 1976
EXHIBIT 5
Planning and Zoning Commission
City of Aspen
Aspen, Colorado 81611
Gentlemen:
Aspen Savings is presently under contract to purchase Lots D,E,
F,G,H and I, Block 78, City of Aspen. This land is being pur-
chased for the purpose of constructing a building in which to
conduct our business.
This project is presently being planned, and we'd hope to con-
struct it next summer; in the meantime, it's essential that we
secure approval for such a business use. We note that the site
is zoned neighborhood commercial, and therefore, we'd like to
apply for a permitted use designation for the operation of a
Savings and Loan Association.
We feel that such a use is eminently compatible with the stated
objectives of NC Zoning. Most significant is that 99% of our
customers are full time Aspen residents, exactly the kind of peo-
ple who will be patronizing the grocery store and post office
slated for the adjacent property. Also, the subject site is just
one block from the First National Bank, and two blocks from the
Bank of Aspen, which would tend to create a natural financial core,
which in turn could be a factor in decreasing resident traffic con-
centration in the core area.
We are enclosing the names and addresses of the neighboring prop-
erty owners within a 300 foot radius, as is required by law.
Thank you for considering our request. We'll be happy to answer
any questions you may have.
Sincerely,
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'patrick R. Dalrym. e
Executive Vice President
PRD/eav
Enclosure
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DEPOSITS INSURED BY THE FEDERAL SAVINGS /I LOAN INSURANCE CORPORATION
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EXHIBIT ~, APPRu\1ED
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'EXHIBIT 6
ing Office
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920-5197
Sunny Vann
Vann Associates
HAND DELIVERED
June 10, 1992
RE: Broadcasting station in the Aspen Savings and Loan Building
Dear Sunny,
Leslie Lamont and I met with city Planning Director Diane
Moore yesterday. We explained your suggestion for handling this
enigmatic situation as a Planning Director's interpretation that
a radio station is basically a business office use, with a follow-
up code amendment removing broadcast station from the C-1 zone.
We discussed the history of the land use regulations specific to
broadcast facilities and how technologies have changed. While not
totally disagreeing with your concept, Diane was very uncomfortable
with the proposal and indicated that she would not make an
interpretation of this sort. She based her decision on the fact
that the Code already has addressed broadcast facilities as
permitted uses in the C-1 zone. Your proposal is not therefore in
the interpretation "arena".
The three of us agree that this type of use would be
appropriate in this specific location because of a radio station's
predominate office use character and the nature of the surrounding
commercial neighborhood. Our suggestion is that you would reach
you desired goal through an SPA use variation allowed through a
Final SPA review process. You do have the option of applying for
an amendment to the Land Use Code to include "broadcast station"
as a permitted use in the NC zone. Either process is a two-step
review. Staff has already expressed to you our concern about the
city Council's sensitivity to privately sponsored code amendments.
I hope this clarifies the Planning Office's position. If not,
please give me a call. I have one more suggestion: please have
Charlie Moss think of another name for his building.:--rt has
definitely outlived its old one! Have a great day.
Sincerely,
~hnson
planner
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MEMORANDUM
FROM:
File
Alan Richman, Planning Director ~
TO:
RE:
Aspen Savings commercial GMQS Exemption
DATE:
May 15, 1989
================~=--=============================================
ISSUE: The applicant requests staff approval of a commercial
GMQS exemption to install a vault at the Aspen Savings and Loan
building.
FINDINGS: Section 8-104 A.1.d permits the staff to approve an
expansion of an existing commercial or office use in a building
which does not increase its net leasable square footage. The
proposal complies with this provision for the following reasons.
1. The vault is a below grade, storage facility, to store money
and bank records. The vault is also proposed to contain
safe deposit boxes for customers of the bank. storage for
tenants on the site is a use specifically identified as
outside of the definition of net leasable square footage.
2. While the safe deposit boxes are rented to customers, they
fit more naturally with the concept of storage areas, rather
than commercial or office space. There is no impact caused
by the establishment of this new service to bank customers.
ACTION: I hereby approve of the requested below grade expansion
of the Aspen Savings building for the purpose of installing a
vault.
savingsapproval
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ASPEN
SAVINGS
May 2, 1989
Alan Richman
Planning Director
City of Aspen
130 South Galena
Aspen, Colorado 81611
Dear Mr. Richman:
Aspen Savings hereby requests exemption from the Growth Management Quota System
for the purpose of adding a vault to our facility. Our present money storage is
not adequate for the banking functions we now provide to our customers.
This vault will be a storage facility totally below grade for
Savings and will provide some safe deposit boxes for customers.
normal bank requirement insuring security for our depositors. We
permit us to provide for this security.
use by Aspen
A vault is a
hope you will
Thank you.
Sincerely,
At/~~ ~
William E. D~YO~ U
Vice President
cc: Proof of Ownership enclosed
MAy:.:e
WED/AD/5-2/jb
225 NORTH Mill STREET . ASPEN. COLORADO 8161 1
303-925-6400 . 800-759-0334 . lELECOPV 303-925-9119
DEPOSITS INSURED BYTHE FEDERAL SAVINGS & LOAN INSURANCE CORPORATION