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coa.lu.sp.Moss SPA.A5492
Moss Special Planned Amendment (KJ) A54-92 I� ASPEN/PITKIN"i'lLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 LAND USE APPLICATION FEES City 00113 -63250-134 GMP/CONCEPTUAL -63270-136 GMP/FINAL -63280-137 SUB/CONCEPTUAL -63300-139 SUB/FINAL -63310-140 ALL 2-STEP APPLICATIONS -63320-141 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00115 -63340-163 ENGINEERING SUBTOTAL County 00113 -63160-126 GMP/GENERAL -63170-127 GMP/DETAILED -63180-128 GMP/FINAL -63190-129 SUB/GENERAL -63200-130 SUB/DETAILED -63210-131 SUB/FINAL -63220-132 ALL 2-STEP APPLICATIONS -63230-133 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS -63450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00113 -63360-143 ENGINEERING PLANNING OFFICE SALES 00113 -63080-122 CITY/COUNTY CODE -63090-123 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER SUBTOTAL 44 TOTAL Name: Phone: Address: ' Project: % �— Check # a Date: Additional billing: #ofHours: CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 6 125192 PARCEL ID AND CASE NO. DATE COMPLETE: - - - A54-92 STAFF MEMBER: _ KJ rr /n /1 PROJECT NAME: Moss Specially Planned Amendment Project Address: 225 North Mill St., Aspen, CO 81 it Legal Address: 225 North Mill St., Aspen, CO 81611 APPLICANT: Charles Moss Jr. Applicant Address: REPRESENTATIVE: Sunny Vann Representative Address/Phone: 230 E. Hopkins, Ave. Aspen, CO 81611 925-6958 FEES: PLANNING $ 2011 # APPS RECEIVED 3 ENGINEER $ 55 # PLATS RECEIVED 3 _ HOUSING $ ENV. HEALTH $ TOTAL $ 2066 PAID:(YES) NO AMOUNT: $ 2066 NO. OF COPIES RECEIVED 3/3 TYPE OF APPLICATION: 1 STEP: 2 STEP: X P&Z Meeting DategZ� PUBLIC HEARING: YES NO CC Meeting Date `l I G.fJr Ptam- ning i c or Approval: VESTED RIGHTS: YES NO PUBLIC HEARING: YES VESTED RIGHTS: YES Insubstantial Amendment or Exemption: NO NO Paid: Date: City Attorney City Engineer Mtn Bell Parks Dept. School Rocky District Mtn NatGas Housing Dir. Holy Cross State HwyDept(GW) Aspen Water Fire Marshall State HwyDept(GJ) City Electric Bldg Inspector Envir.Hlth. Roaring Fork Other Aspen Con.S.D. Energy Center DATE REFERRED: INITIALS: ' Clean L Air Board Ok7 FINAL ROUTING: DATE ROUTED: INITIAL: City Atty, Housing City Engineer Zoning Env. Health Other: FILE STATUS AND LOCATION: • #351030 1 1 /20/92 15: 28 Rec $40. 00 Eck:: 695 PG 224 Silvia Davis, Pit[. -:in Cnty Clerk:, Doc $.00 SPECIALLY PLANNED AREA DEVELOPMENT AGREEMENT "225 N. MILL STREET" SPECIALLY PLANNED AREA is reement, made and entered into, this /0�� day of , 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 0 ("Moss"). 0 In u RECITALS CL 0 1. Moss is the fee simple owner of the property described in Exhibit "A" to this Agreement together with all of the improvements thereon formerly known as the Asper, Savings M o and Loan Building (the "Property"). 2. The Property is zoned NC, Neighborhood Commercial, Mandatory Specially L, Planned Area (SPA). U w >1 3. The Building is believed to have received SPA approval from the City Council Cr C of the City ("Council") on April 11, 1977. The existing building thereon ("Building") contains wr U 8,082 square feet of floor area and has a net leasable area of 9,324 square feet. ri ..0 14 -� 4. At the time the Building was approved, the parties believe no SPA and rri _ Development Agreement was entered into, nor was any SPA Plan filed for recording. Q` LL �+ 5. On June 2, 1992, the Planning and Zoning Commission of the City of Aspen c � > ("P&Z") granted conditional use approval to Moss's predecessor in title to the Property pursuant Inra 0 to Resolution No. 92-15 for the use of the Building for unlimited business and professional office 0 ti purposes, subject to the conditions contained in said Resolution No. 92-15. m .rq .4 > M 4 6. On June 25, 1992, the City's Planning Director administratively approved an to insubstantial amendment to the o^ginal 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. #351C)30 11/20/92. 15:'2`8 Rec $A-C).0Ci Bl::: 695 PG 225 Silvia Davis, Pitk:in Cnty Clerk, Doc $.00 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 0 granted for the Property, that it is necessary and appropriate that a development and subdivision i n, agreement be entered into at this time governing the use of the Property and the Building. lL ti 10. The City is willing to approve, execute and accept this agreement ("Agreement") ,0 + and the SPA Development Plan ("Plan") to be filed for record upon the agreement of Moss to y u the matters hereinafter described, subject to all of the requirements terms 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. a, 11. The City has imposed conditions and requirements in connection with its approval, u U execution and acceptance of this Agreement and the Plan for recordation and such matters are r� -P necessary to protect, promote and enhance the public health, safety and welfare. c U 12. Moss has provided the City with a copy of the Plan in a form acceptable to the T City. [L 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: ra > 1. Zoning Classification. The City confirms that the Property is zoned NC, c� .It Neighborhood Commercial Specially Planned Area (SPA). L7 2. Applicable Zoning Regulations. 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 Parking. 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 permit for the Building, the existing (as of June 2, 1992) metal rail fence in the alley lying to the south of the Property shall 2 0 40 #3�ici3c� 11/i�/9 1S: ^8 Fier4�). �)�) ELF;:: 695 F'G 226 Silvia Davis, F'itk:in Cnty Clerk:, Doc $.U(-) 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 permit for any expansion of the Building c or before there shall occur any site reconstruction which alters historic drainage of the In 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. IL (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 o be reconstructed to be a minimum of 10 feet in order to facilitate safer ingress/egress to 0 the Property. 4 m (d) Any work in the public right-of-way adjacent to the Property shall require ' U such permits as shall at the time of such work be required by the City for such work to U >, be performed, including, but not limited to, an excavation permit. +1 c U (e) All material representations made by the applicant in connection with the r^ 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 Permitted. The City ratifies and confirms the approval by the City's Planning Director of the insubstantial amendment to the Property's prior SPA approval (i.e. the r existing building design) to permit an approximately 324 square foot addition for an elevator, C:I subject to the following conditions: > (a) Prior to the issuance of a building permit for the elevator proposed to be built c 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 Permitted. 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 uniformly applied Engineering Department requirements for such plats. 3 1�: e Rec 4C).i�(-) BF: 695 PG 227 Silvia Davis, Pit4;in Cnty Cler E:. Doc $•��" (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. rs 7. Radio Broadcast Station Permitted. On September 14, 1992, the City, acting by n and through the Council enacted Ordinance No. 92-55 permitting a use variation from the SPA P approval for the Property to permit the location, maintenance and operation of a radio broadcast `L station on the Property subject to the following conditions: ti %0 ' (a) The variation to use allowing a radio broadcast station to occupy the wo Property shall be specified in an SPA agreement and shall be noted and indicated on the r Plan. (b) Various conditions of previous approvals (i.e. those set forth in paragraphs 4, 5 and 6 hereinabove) shall be complied with. u Er P (c) Work done in connection with the Property must receive permits from the � U streets department for any work done within any public right-of-way. c -4-4. (d) All material representations made in the application and during public CA 14 meetings with the P&Z and/or Council shall be adhered to and considered conditions of `L approval, unless otherwise amended by other conditions. a- • L �.; 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 Q 1 conditions placed upon the development order approving the Plan. c0 r. LI-) -4 (f) Within 180 days of approval by the Council, the Plan and the SPA r .I 4� co 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 Building 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 al #351()3(} 11/ ��/9 1�:2e Fec $4i.00 Bk:: 695 PC 228 Silvia Davis, Pitk:in Crity Clerk, Doc 130 S. Galena, Aspen, CO 81611 qt N With Copy to: City Manager and City Attorney r� 130 S. Galena Street a Aspen, CO 81611 %0 + Moss Limited Liability Company 225 N. Mill Street n° Aspen, CO 81611 With Copy to: Leonard M. Oates, Esq. Oates, Hughes & Knezevich, P.C. U U 533 E. Hopkins Ave., Third Floor r Aspen, Co 81611 d' U Vann Associates Planning Consultants 230 East Hopkins Avenue r..a Aspen CO 81611 Cr- 0- (b) Binding._ Effect. The provisions hereof are binding upon and constitute a burden upon the title to the Property, shall enure to the benefit fit of Moss, the City, their ra respective successors and assigns. 0 ai 'q (c) Applicable Law. This Agreement shall be subject to and construed in U-) - accordance with the laws of the State of Colorado and the Code. Vj .Iq #co 10. Vested Rights. 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) With the consent of the owner of the Property affected by such action; (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 G #-35103C) 11/20/92 15:2,e Pec $4o.Oci BF` 695 PC 229 Silvia Davis, Pitkin Cnty Clerk, Doc. $,(j(-) 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 o Agreement. Moreover the establishment of this Vested Property Right shall not In 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 LL including but not limited to, building, fire, plumbing, electrical and mechanical codes and in connection with any such development activities or use of the U Property, the owner(s) of the Property involved shall abide by any and all such M Q building, fire, plumbing, electrical and mechanical codes, unless such owner(s) shall have been granted an exemption therefrom in writing. Nothing by the L establishment of this Vested Property Right shall preclude judicial determination, based upon common law principals, that a vested property right exists with U L respect to any development activity or use of the Property approved by this III >1 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. r� In the event of a final determination by the Council of a non-compliance with the y 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 Q- Ci and thereafter no longer exist; provided that if such determination is ever I j. 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, 0 � sentence, clause, phrase, word or section or the application thereof in any circumstances is r' .r invalidated, such provision, paragraph, sentence, clause, phase, word or section shall be severed # GO 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. R #351030 1 1 /20/92 15: 28 Rec $40. Oct BK 695 PG 230 Silvia Davis, F'itk:in Cnty Clerk, Doc $.00 .o c� IL ti ; 10* S4 U LM O Q L m U CC -v C d' U tr! • C .4 d.) �IL LA U� 00 A ..� ,-4 > U- N 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: l3 John Benn tt, Mayor ATTEST: Katherine och, City Clerk l MOSS LIMITED LIABILITY COMPANY OF ASPEN h s B. Moss Jr., Manager (Notary acknowledgments on the next page) EXHIBIT A LEGAL DESCRIPTION: Block 78 Lots D, E, F, G, H, & I 7 #351030 11/20/92 15:28 Rec $40.00 BK 695 SG 231 Silvia Davis, Piticin Cnty ClerF::, Doc $.0(-) STATE OF COLORADO ) ss. COUNTY OF PITKIN ) NThe foregoing instrument was acknowledged before me this day of C�u rn c,L , 1992 by John Bennett, as Mayor and Katherine Koch, as Clerk of the City ED ,` of Aspen, Colorado, a Municipal Corporation. :IS. \.,�. -,Witness my hand and official seal. U = ^ pU p`:� . °4 A, ":, A My commission expires: �1-7 I r r— u e 1 m Notary � blic U U W >` X 4j c ct U c o •- 4J STATE OF COLORADO ) ra :- o, LL ) ss. a COUNTY OF PITKIN ) ra > (a The foregoing instrument was acknowledged before me this day of 1992 by Charles B. Moss Jr., Manager of Moss Limited Liability m Company of Aspen, a Wyoming Limited Liability Company qualified to transact business in the .� > r+ State of Colorado. U"1 # U) Witness my hand and official seal. My commission expires: X" d, Notary Public r � tti '•a moss\subd;v;s.agr • • Raul Gawrys and Associates P.C. ��c�iitectcu�e -NaKKi7 October 27, 1992 Kim Johnson City of Aspen Building Department 130 S Galena Aspen, Colorado 81611 RE: 225 N. Mill Square footage calculations Dear Kim: I hope to address all questions regarding leasable vs non - leasable square footage for the building located at 225 N. Mill. After my meeting with you last week, it is my understanding that the net leasable of the building cannot be increased. Due to a misunderstanding, the new vault space downstairs was thought to be leasable space. As pointed out to me, the 1989 approval for this vault dedicated this area as not leasable. My original calculations showed this area to be leasable and converted to non -leasable to allow for the expansion for the radio studios at the ground level. Since this is not the case, additional non - leasable square footage will have to be assigned in the building. The owner has agreed to meet this requirement by increasing the non -leasable area in the basement. In order to demonstrate this increased non -leasable space, I have included all my calculations for your information. Sheets 1 thru 3 show the original leasable, non -leasable areas. The broadcast studio at the ground level requires 324 SF of leasable space. The existing entry has been changed from leasable to non -leasable for this calculation. Sheet 4 shows the revised basement floor plan to increase the non -leasable by 324 SF, to allow for the studio expansion of 324 SF. I believe that these revisions comply with the direction given by the Planning Department. Thank you for your co-operation and Please call if there are any questions. Sincere y, 1 Gawr s RG/jag P.O. BOX 825 • BASALT, COLORADO 81621 • 303 927-4411 • FAX 303 927-4069 • VANN ASSOCIATES '�'lannnic; C�ns�i!itints September 15, 1992 Ms. Kim Johnson Aspen/Pitkin 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 occupancy of the remodeled space by the radio station is contingent upon the recordation of the plan and agreement within one hundred and eighty s of Council's September 14, 1992, approval. Tease 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, cc: Charles B. Moss Leonard W. Oates, Esq. 230 East Hopkins Avenue • Aspen, Colorado 81611 •303/925-6958 • Fax 303/920-9310 • • ]M(5 MEMORANDUM TO: Mayor and Council THRU: Amy Margerum, City Managern'.� THRU: Diane Moore, City Planning Directorl))l FROM: Kim Johnson, Planner DATE: September 14, 1992 RE: Moss Specially Planned Area (SPA) Amendment to Allow a Radio Broadcasting Station at 225 N. Mill Street - Second Reading of Ordinance 55, Series 1992 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 1 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." 2 • • CITY MANAGER COMMENTS: Ordinance 55, Series 1992 Exhibit: "A" - Planning Office Letter Dated June 10, 1992 moss.spa.ccmemo • Ia2)5[0)I i110610f TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: Moss Specially Planned Area (SPA) Amendment DATE: August 4, 1992 SUMMARY: The Applicant requests an SPA variation to the permitted uses in the underlying Neighborhood Commercial (NC) in order to allow a radio broadcast station in the Moss Building, formerly known as the Aspen Savings and Loan building. The Planning Office recommends approval 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 Townsite) ZONING: Neighborhood Commercial (NC) with an SPA overlay REFERRAL COMMENTS: City Engineer Chuck Roth forwards the following comments: 1) Various conditions of previous approvals (GMQS Exemption, Conditional 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 on June 3, 1992. STAFF COMMENTS: Staff had several meetings with the Applicant 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 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 1 "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 criteri4Mdoes 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 2 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 criterisAmdoes 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. 3 • i 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 broadc st station in the Moss Building, 225 N. Mill Street, with the to conditions contained in the Planning Office memo dated August 4, 1992." Exhibit: "A" - Planning Office Letter Dated June 10, 1992 4 • • MEMORANDUM To: Kim Johnson, Planning Office From: Chuck Roth, City Engineer C 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). M92.195 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. sliasmine Tygre, Chairman Planning and Zoning Commission Published in The Aspen Times on July 17, 1992. ----------------------------------------------------------------- ----------------------------------------------------------------- City of Aspen Account. TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont RE: Aspen Savings GMQS Exemption DATE: July 5, 1989 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 of 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. 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 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. According to the applicant the office will allow for future expansion 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 be minimal to adjacent properties. The new expansion will occur at the rear of the building adjacent to the parking lot. Another parking lot also abuts the southern side of the Savings and Loan parcel. RECOMMENDATION: The Planning Office recommends that the Planning and zoning Commission 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. 2 • • 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. 3 f$ • • 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. 3 10 0 VANN ASSOC'iATLZS ua Gon�i.ntants June 24, 1992 HAND DELIVERED Ms. Kim Johnson Aspen/Pitkin 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 I 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 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 O, 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. 4000k, 0 0 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 condominium ization 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, a s pproximately nine thousand two hundred and ten (9,210) square feet. Approximately seventeen (17) parking spaces are presently provided on -site. 7 Ar- • • 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 Basement' 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 5. Minimum Required Parking @ 4 Spaces/ 32 1,000 Sq. Ft. Net Leasable 6. Existing Parking Spaces 17 • • Ms. Kim Johnson June 24, 1992 Page 5 Excludes approximately 1,480 square feet of land area encumbered by an access easement. All numbers rounded to the nearest ten (10) square feet. 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 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 O, Office. Ms. Kim Johnson June 24, 1992 Page 7 f) "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. f) "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 w • • 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 SV:cwV Attachments c:\bus\city.app\app19092.spa • U 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: EXHIBIT 3 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, Charles B. Moss Moss Limited Liability Company of Aspen 835 Roaring Fork Road Aspen, CO 81611 (303) 925-4550 SV:cwv Commonwealth. Land Title Insurance Company SCHEDULE A -OWNER'S POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE PCT-6527 6/3/92 @ 4:01 P.M. $ 2,000,000.00 1. NAME OF INSURED: MOSS LIMITED LIABILITY COMPANY OF ASPEN, A WYOMING LIMITED LIABILITY COMPANY EXHIBIT 2 POLICY NUMBER 128-035099 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. Co tersigned A horized Agent ASPEN, COLORADO 81611 (303) 925-1766 THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. Commonmwealtli. Land Title Insurance Company 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 26039114" W 1724.04 feet; Thence S 20016'00" W 86.72 feet; thence N 14050149" 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----- 0 M' Commonwealth. Land Title Insurance Company 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 22015'02" W 1618.85 feet: Thence S 75*09111" E 157.76 feet along the Northerly line of Block 78, City of Aspen; Thence N 69044100 W 157.05 feet; Thence S 20°16'00" W 14.90 feet to the point of beginning. 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 24033128" W 1355.04 feet; Thence S 05000100" W 30.00 feet: Thence 82.61 feet around a curve to the left having a radius of 400.00 feet; thence S 06050'00" E 73.00 feet: Thence 54.02 feet around a curve to the left having a radius of 49.00 feet; Thence S 70000'00" E 25.00 feet; Thence 15.71 feet around a curve to the right having a radius of 15.00 feet; Thence S 10000'00" E 28.48 feet to a point on the North line of Block 78, City of Aspen, Colorado. COUNTY OF PITKIN, STATE OF COLORADO. 1 • A S PI 7P.- N S IN\N I I I II N GS ai, L0//At\ A SS—D, P. 0. BOX 2121 • Aspen, Colorado 81611 • (303) 925-147d-s 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, Patrick R. Dalrym e Executive Vice President PRD /eav Enclosure 1 � r'or'e ",r DEPOSITS INSURED BY THE FEDERAL SAVINGS & LOAN INSURANCE CORPORATION • Aspen/Pi 130 Asp (303) 9 Sunny Vann Vann Associates PLANNING & ZONING COA&SION APPR D I BY RESOLUTION EXHIBIT 19 g Office •eet ill 5197 EXHIBIT F 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 buildinj--�It has definitely outlived its old one! Have a great day. Sincerely, im Johnson Planner recycled paper I V I N ; (a) 0;1 z I pie) ; TO: File FROM: Alan Richman, Planning Director 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.l.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 Euvia F,b* I 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 use by Aspen Savings and will provide some safe deposit boxes for customers. A vault is a normal bank requirement insuring security for our depositors. We hope you will permit us to provide for this security. Thank you. Sincerely, ja�- William E. DeYo� Vice President cc: Proof of Ownership enclosed WED/AD/5-2/jb MAY -:2 225 NORTH MILL STREET • ASPEN, COLORADO 81611 303-925-6400 • 800-759-0334 • TELECOPY 303-925-9119 DEPOSITS INSURED BYTHE FEDERAL SAVINGS & LOAN INSURANCE CORPORATION TRACT I AT I of Lots 1), E, F, H and I in DIC-ClK 78 G 4, t 11 e City and lownsite c)f Aq,),�^n -iccordli)tj the Official Pint 'reco;irjd an No. 109 U 2 3 i n - D zawtar 3. Tgethe r with .;t n .1d .) 0 1 ni ntj r i a r 1.� rc- r I o f Izind b�-!�,q pai I, t�f Tract A the Aspen -wzts i, Addil iownn in Se 7, To:iiNip iO Sout' , PWest ange 84 Wt of the Sixtil P1 -,n.elpal a to I 1,-_)wa LOT 1 TRUEMAN Beginning -at a point wher.,,-Line 4-5 of t�#_- city and Tow n s i Ito - NE; PPO..'F Inte-ects with the Eastfrly line of_s rs , Block 78 �iit. un '.he Westerly line of Mill Street,_- thence Ncrthwesterly laid Iiiii- 45 of As-y"_-n 185, more ,r less' to the intersection, of 4 with the Norl-her I I ine of Block 7 as it runs al nq AIL EKEI'*ENT the Southerly lino: of Via; lam Street; thence Yasterly along the% - pro let.te. d saic! Northerly Ii,ne of Slock ,70, lb� fee_t to r _ or 7. less, 1-.0 thc. pro jec-ted 14orthea.9terly corrier of Blo,,,tk 78: thence ap Sot itherly along the Ems' ' erly line of Block 78 as it is t; projected along the Wes erly sille of Mill feet more or 1e!-.,i to the. point of EXCEPT any port -ion of triangular pare!l lying South of the, S�jbtfierly boundary line Ld-t's A t1hrougb I, Block 78, extend-E.'d Easterlv to mill street� -Z 19 FRACT '11: A parf-,.el ;_)f land situated I n the SW ./4 of Section Pownsbip CONSTRUCT %!N 84 Wect of -incipal Meridian, Pitkin sout1l, Range the Pi EASEMENT County, Colorado. Said parrel is Taore fully devcritod ap, 2�76 follows: PAVEMENT He�7. inninq at a vol the Westerly line of the Mil t Street Q? Jtt ri(4ht-ofr.--way Whence the %,%IesL .174 (..,orner of say .d Section 7 bears �_'As N 26 degrees 39 minutes, 14 seconds W 1724'.04 feet'; thence S 20 degrees 16 minutes 00 seconds W 911�_72 feet; thence N1 14 deaiees 50 ininutes 49 seconds E ' 86.33 feet along the eafj�,rly line of rf Aspen, the S 75 deqrftas 09 minutes 11, seconds F P.19 feet to the point of �eqijlrkirlq. EXCEPT any portion thereof boing a part of the r'l.ght-of-way for 9tt --et. 10 TRACT III A4• f4o A perpetual non- exclusive i,,.asoment- and right of way for- p m purl pas e, STORY BRICK of inqresq and egress over the following` described real i L 0 1 NG Property: k -IFICA:TiON THE UNDERSIGNED 6TATES r-'AT THE PROPERTY DESCRIBED HEREON WAS FlE-L[ SURVEYED 1 991 AND 15 ACCURATE BASED ON THE F4ELD EVIDENCE AS SHOWN. AND THAT THERE ARE NO DISCREPANCIES OF RECORD. BOUNDARY LINE CONFLICTS. ENCROACHMENTS. EASEMENTS OR RIGHTS OF WAY IN FIELD EVIDENCE OR KNOWN To ME, EXCEPT AS HERON SHOWN. UNDERGROUND UTILITIES WITH NO ABOVEGROUND APPURTENMCGS, AND DOCUMENTS OF RECORD NOT SUPPLIED TO THE SURVEYOR ARE EXCEPTED. THIS SURVEY IS VOID UNLESS.WET STAMPED WITH THE SEAL OF THE SURVEYOR BELOW, I ED:111ZZIL9 _7'�qF MI. HOWORTH P.L.,S. 25947 NOT3(_E: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEiiAL IACTION PASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT, IN NO EVENT. MAY ANY (ACTION RASED LiPCN, ANY DEFECT IN Tq15 PLAT PE COMMENCED MORE THAN 'THREE YEARS FROM FHE ".ATE OF: THE CERTIFICATION SHOWN HEREON. THE ERTIF[CATfON If! ;7 *1407'NET 'S'TAMPED WITH SEAL OF THE J 4 parcel of land situated in the SW 1.4 of'sectio n 7 Township 10 South, Range 84 %e&t of the Principal. Mei7idlan, Pit County, Colorado. 'Said pa c *.orc- fully descel-bed as 0 J Beginning at, the lz ,trit of Ji.nter t'Un of line 4-5 of the r) no I I To%',�nsjte with the Nottherlv li f Blo k,78, City of As Q It 1W J C '12 degrees whence the WeAt 114 vorner of said Secti. 'in 7 bears 11 I� mic-,ites 02 IN 1618.85 feet. 'than ,,e 9 75 degree.,; 09 minutes 1,1 second -s F 157.76 feet along the North'eriv line of Nc. Block 78, City of Aspen; 0�hence N 69 degrees 44 minutes (10 A' ",/8F C'If seconds W 157.05 feet; tf;drice S 20 degrees 16 minutes 00, <3econds W. 14.90 feet- to the point of Req, TRACT TV LGND AND A trail easement situated in the SW 1/4 Section 7, Town.c3hip 10 LE South, Range 84 West of the 6th Principal DIeridian, Pitkin County, Color -ado, being 5 feet each side of the following 5LANTED TEXT 0ENCFES RECORD :NFORMATiON described FOUND SURVEY MONUMENT AS DE,�,:PIBED Begirininq at.a point �on the J i.ne between Lot, I and Eeot 2 of the Trueman Neighborhood Commercial Project, whence the West 1/4 corner of said Section 7 bears N 24 degrees 33 minutes 26 jT I L I TY BOX 11 degrees Seconds W 1355.04 tvet;, thence s 05 degr 00 minutes 00 seconds W 30.00 feet; thence 82.61 feeta'rOLInd a curve to the SURVEY CONTROL POINT left. having a radius of 400.00 feet; thence S 06 degrees 50 minutes 00 seconds E 7.1.00 feet; thence 54.02 feet around a, u r 1�e STEWART TITLE GUARANTY COMPANY COMMITMENT. FOR T rLE !NZ�URANCE c to the left having a radiusof 49.00feet,; thence S 70 ORDER NUMBER: 00018659C3. DATE': 5EPTEMP-ER 20. WAS USE' degrees 00 minutes 00 seconds E 25.00 Leet; thence 15.73 feet IN THE PREPARATION , OF THIS 5UR'VEY. around a curve to the right having a radius of 15.00 feet; thence S 10 degrees 00 minutes OU seconds E 28.48 feet to a BEAR 1, INGS BASED ON POUND CITY MONUMENTS ON THE WEST BOUNDARY point on the North line of Block 76, City of Ashen, Colorado. OF BLOCK 78, N 14 50'49"E. County of Pitkin, State of Colorado k DRAIN WATER VALVE 'C/ FIRE HYDRANT 0 UTILITY POLE 9 PENCE F TRANSFORMER CJ SURVEY MONUMENT TO BE SET 25947 k L = Lisa opo-`a. Vx.�jsrk�l� G.r�wlo�t`a►. (,Ska.`^5 L Ce * i 5-r,) 21�.�1 3 � 3•G2'� 74,6b-rah 43q, &I���� 27�oDi 292�tas + ew 12 9 C, - (0'1 1 7 '41 ZZ�, 14 S. It I 132 151 37s fUl'00 C�n,n 9,LVm q,mo -�&l ('ex,�; dw 24 zo .95 -1AO1, 8 �, IZa� G7 to 7 3. 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