Loading...
HomeMy WebLinkAboutcoa.lu.gm.132 W Main St.A58-93Asia Request for Extension of GMQS Allotment A58-93 2735-124-39-070� ASPEWPITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 ) �—,- P- li d (303) 920-5090 3 A// 1nl • u.N'� � / �/ q� LAND USE APPLICATION FEES )�35- /a�f-3 CITY: -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 -63330-150 Staff Approval -63432-157 Zoning Plan Check -63432-157 Sign Permit -00100-00000-31070 Use Tax for Sign Permits HISTORIC PRESERVATION: -63335-151 Exemption -63336-152 Minor -63337-153 Major Devel. -63338-154 Signif. Devel. -63339-155 Demolition COUNTY: -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 ��• -63240-149 Staff Approval -63450-146 Board of Adjustment -63235-148 Zoning Plan Check REFERRAL FEES: -63360-143 Engineering - County 00115-63340-163 Engineering - City 00123-63340-190 Housing 00125-63340-205 Environmental Health PLANNING OFFICE SALES: -63080-122 County Code -69000-145 Other (Copy Fees) // TOTAL Name: Phone: Address: ��(� Project: Check #: Date: No of Copies: CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 10I8 93 PARCEL ID AND CASE NO. DATE COMPLETE: O --Q1 2735-124-39-070 A58-93 STAFF MEMBER: LL PROJECT NAME: Asia Request for Extension of GMOS Allotment Project Address: 132 W. Main St. Legal Address: Lots K-N and West 1/2 of Lot 0, Block 58 APPLICANT: Steve and Lily Ko Applicant Address: REPRESENTATIVE: Dennis Green, Attorney Representative Address/Phone: 715 W. Main, Suite K Aspen, CO 81611 925-1885 -------------------------------------------------------------- -------------------------------------------------------------- FEES: PLANNING $ 942 # APPS RECEIVED 1 ENGINEER $ # PLATS RECEIVED HOUSING $ ENV. HEALTH $ TOTAL $ 942 TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: x 2 STEP: P&Z Meeting Date CC Meeting Date DRC Meeting Date ------------------- ------------------- REFERRALS: City Attorney City Engineer Housing Dir. Aspen Water City Electric Envir.Hlth. Zoning DATE REFERRED: FINAL ROUTING: PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO PUBLIC HEARING: XU NO f VESTED RIGHTS: YES NO Parks Dept. Bldg Inspector Fire Marshal Holy Cross Mtn. Bell ACSD Energy Center School District Rocky Mtn NatGas CDOT Clean Air Board Open Space Board Other Other INITIALS: DUE: DATE ROUTED: 1 Z Zi IL,, > INITIAL: �q'- City Atty City Engineer Zoning Env. Health Housing Open Space Other: FILE STATUS AND LOCATION: THRU: LI MEMORANDUM Mayor and Council ,✓ Amy Margerum, City Manager �+_, , k FROM: Leslie Lamont, Senior PlannA DATE: RE: December 6, 1993 V11116 Asia GMQS Extension Request - Second Reading Ordinance 61, Series of 1993 SUMMARY: The applicants, Steve and Lily Ko, have requested an extension of their 1990 GMQS allotment, for the development of their office building. The extension request is for (6) months. Staff recommends approval of the six month extension. Please see attached Ordinance 61, Series of 1993. BACKGROUND: Council approved Ordinance 61, Series of 1993 on first reading at the November 8, 1993 meeting. Council approved the 1990 GMQS allocation for the Asia office building October 10, 1990. Please see attached Resolution 90-44 and 90-45 approving the development allocation, exhibit A. STAFF COMMENTS: Section 24-8-108 of the Municipal Code states that a development allotment and all other development approvals shall expire on the day after the third anniversary of the latest date of project approval, unless a building permit is obtained and the project is developed, or unless an exemption from or extension of the approval is obtained. For developments other than a subdivision an application for extension shall be submitted prior to the third anniversary of the date of approval of a site specific development plan which shall demonstrate to the satisfaction of city council that: (a) Those conditions applied to the project at the time of its final approval which were to have been met as of the date of application for exemptions have been complied with; and RESPONSE: Development plans for the Asia office building were submitted to the Building Department the first week in September 1993. The plans are being reviewed by the Planning and Zoning staff for compliance with the conditions of approval. There are several conditions of approval that appear to be outstanding, such as, screening of trash enclosure, payment of parking cash -in -lieu, and confirmation by the APCHA that the employee units meet the 0 0 housing guidelines. However, no building permits will be issued until all conditions of approval have been satisfied. (b) Any improvements which were required to be installed by the applicant prior to construction of the project have been installed; and RESPONSE: No public improvements were required of this project. The employee housing units, as required by the GMQS approval, have been built but still need to be inspected by the APCHA. As stated above, no building permits shall be issued unless the conditions of approval have been met. (c) The project has been diligently pursued in all reasonable respects, and the extension is in the best interest of the community. RESPONSE: The applicants have pursued the development of their project. If not for the conditions of approval that need to be wrapped -up, a permit may have been issued prior to the expiration of their GMQS allocation. RECOMMENDATION: Staff recommends approval for a six month extension of the 1990 Office GMQS allocation for the Asia office building. Staff also recommends that further extensions not be considered due to the proposed amendments of the GMQS program in 1994. The six month extension shall begin at the date of expiration which is October 10, 1993 and expire on April 10, 1994. RECOMMENDED MOTION: "I move to adopt Ordinance 61, Series of 1993 extending the 1990 Office GMQS allocation for the Asia office building from October 10, 1993 to April 10, 1994. CITY MANAGER'S COMMENTS: Ordinance 61, Series of 1993 EXHIBITS: A. Resolutions 90-44 and 90-45 2 0 Exhibit A 0 RESOLUTION NO. (Series of 1990) RESOLUTION OF THE ASPEN CITY COUNCIL ALLOCATING 1,200 SQUARE FEET OF NET LEASABLE 1989 COMMERCIAL GMQS ALLOTMENTS TO THE ASIA OFFICE BUILDING, 132 WEST MAIN, LOTS K, L, M, N, AND THE WEST HALF OF LOT O WHEREAS, pursuant to Section 8-106 of the Aspen Land Use Code, September 15 of each year is established as the deadline for submission of applications for Commercial development allotments within the City of Aspen; and WHEREAS, because of the administrative delay regarding Resolution 35 (Series of 1989), the submission date for 1989 Commercial GMQS applications was postponed until June 1, 1990; and WHEREAS, the annual quota for the Office zone is 4,000 square feet of net leasable but GMQS Exemptions in 1989 have eliminated the quota in the Office zone and the City of Aspen Land Use Code requires 30% of the annual quota to be available for competition; and WHEREAS, the Planning Office has calculated the Commercial GMQS quota in the Office zone available for 1989 as 1,200 square feet of net leasable; and WHEREAS, a duly noticed Public Hearing was held by the Aspen Planning and Zoning Commission (hereinafter "Commission") on August 21, 1990 to consider the Growth Management Quota System competition for Commercial development, at which time the Commission did evaluate and score the only application that was received: the Asia Office Building; and WHEREAS, the Commission found that the project successfully met the minimum threshold of the individual and combined categories for a total score of 32.8 points; and WHEREAS, review of the GMQS application for Asia was consolidated with Change in Use and Special Reviews for the reduction of parking for employee housing and on -site parking requirements for an office building; and WHEREAS, the Commission recommended approval of the Change in Use and Special Reviews for the reduction in parking subject to conditions; and WHEREAS, the Planning and Zoning Commission moved to accept the scoring, subject to an audit, and forward the score of 32.8 points for the Asia Office building with conditions to the Aspen City Council; and WHEREAS, the Commission recommended to the Aspen City Council approval of the multi -year development allotment for 1,641 square feet net leasable of the 1990 Commercial GMQS allotment in the Office zone. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO that it does hereby grant, with conditions as recommended by the Commission, from the available 1989 Commercial Growth Management Quota 1,200 square feet of net leasable to the Asia Office Building. BE IT FINALLY RESOLVED by the Council that the above allocations shall expire pursuant to Chapter 24, Section 8-108 of the Municipal Code, this allocation shall expire on the day after the third anniversary of the date of approval of a site specific 2 0 0 development plan unless a building permit is obtained and the % project is developed, or unless an exemption from or extension of the approval is obtained. Dated: (���l�1J �� , 1990. William L. Stirling, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado at a meeting held LS' 1? , 1990. cc, 19f39.COMM. gmp 3 Kathryn S Koch, City Clerk RESOLUTION NO. (Series of 1990) i RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING A MULTI -YEAR DEVELOPMENT ALLOTMENT OF 1,641 SQUARE FEET OF NET LEASABLE FROM THE 1990 COMMERCIAL QUOTA IN THE OFFICE ZONE TO THE ASIA OFFICE BUILDING, 132 WEST MAIN, LOTS K, L, M, N, AND THE WEST HALF OF LOT O WHEREAS, the 1989 Commercial GMP application submitted by Steve and Lily Ko for the Asia office building also requested a multi -year development allotment from 1990; and WHEREAS, the applicants have requested 1,200 square feet of net leasable from the 1989 Commercial GMP quota in the Office zone and now request 1,641 square feet of net leasable from the 1990 Commercial GMP quota in the Office zone; and WHEREAS, pursuant to Section 8-103 D. of the Aspen Land Use Code the City Council may grant _a development allotment for proposed development that requests development allotments which would be available in future years; and WHEREAS, the 1990 Commercial GMP quota for the Office zone is 4,000 square feet of net leasable and the deadline for the 1990 Commercial GMP submission was September 15, 1990; and WHEREAS, Asia was .the was the only application submitted requesting 1,641 square feet of net leasable; and WHEREAS, the Planning and Zoning Commission recommends to Council approval of the multi -year allotment so the building may be built at one time; and WHEREAS, the Council has reviewed the request and the criteria for approving a multi -year allotment, pursuant to 1 Section 8-103 D., and does wish to grant a 1,641 square foot of net leasable allotment for the Asia Office building from the 1990 Commercial GMP Office zone quota. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO that it does hereby grant from the available 1990 Commercial Growth Management Quota in the Office zone 1,641 square feet of net leasable to the Asia Office Building. BE IT FINALLY RESOLVED by the Council that the above allocations shall expire pursuant to Chapter 24, Section 8-108 of the Municipal Code, this allocation shall expire on the day after the third anniversary of the date of approval of a site specific development plan unless a building permit is obtained and the project is developed, or unless an exemption from or extension of the approval is obtained. Dated: /0 , 1990. William L. Stirling, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of pthe City of Aspen, o Colorado at a meeting held , 1990. Kathry S..Koch, City Clerk cc.1990.multi.gmr 4 2 MEMORANDUM TO: Mayor and Council THRU: Amy Margerum, City Manager THRU: Diane Moore, City Planning Directo FROM: Leslie Lamont, Senior Planner DATE: November 8, 1993 RE: Asia GMQS Extension Request - First Reading Ordinance 5& Series of 1993 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The applicants, Steve and Lily Ko, have requested an extension of their 1989 GMQS allotment, for the development of their office building. The extension request is for (6) months. Staff recommends approval of the six month extension. Please see attached Ordinance J Series of 1993. BACKGROUND: Council approved the 1990 GMQS allocation for the Asia office building in October 10 of 1990. Please see attached Resolutions 90-44 and 90-45 approving the development allocation, exhibit A. STAFF COMMENTS: Section 24-8-108 of the Municipal Code states that a development allotment and all other development approvals shall expire on the day after the third anniversary of the latest date of project approval, unless a building permit is obtained and the project is developed, or unless an exemption from or extension of the approval is obtained. For developments other than a subdivision an application for extension shall be submitted prior to the third anniversary of the date of approval of a site specific development plan which shall demonstrate to the satisfaction of city council that: (a) Those conditions applied to the project at the time of its final approval which were to have been met as of the date of application for exemptions have been complied with; and RESPONSE: Development plans for the Asia office building were submitted to the Building Department the first week in September 1993. The plans are being reviewed and the Planning and Zoning staff for compliance with the conditions of approval. There are several conditions of approval that appear to be outstanding, such as, screening of trash enclosure, payment of parking cash -in -lieu, and confirmation by the APCHA that the employee units meet the u 0 housing guidelines. However, no building permits will be issued until all conditions of approval have been satisfied. (b) Any improvements which were required to be installed by the applicant prior to construction of the project have been installed; and RESPONSE: No public improvements were required of this project. The employee housing units, as required by the GMQS approval, have been built but still need to be inspected by the APCHA. As stated above, no building permits shall be issued unless the conditions of approval have been met. (c) The project has been diligently pursued in all reasonable respects, and the extension is in the best interest of the community. RESPONSE: The applicants have pursued the development of their project. If not for the conditions of approval that need to be wrapped -up, a permit may have been issued prior to the expiration of their GMQS allocation. RECOMMENDATION: Staff recommends approval for a six month extension of the 1989 Office GMQS allocation for the Asia office building. Staff also recommends that further extensions not be considered due to the proposed amendments of the GMQS program in 1994. The six month extension shall begin at the date of expiration which is October 10, 1993 and expire on April 10, 1994. RECOMMENDED MOTION: "I move to read Ordinance 55, Series of 1993." "I move to approve Ordinance -0, Series of 1993 extending the 1989 Office GMQS allocation for the Asia office building from October 10, 1993 to April 10, 1994. CITY MANAGER'S COMMENTS: Ordinance Z, Series of 1993 EXHIBITS: A. Resolutions 90-44 and 90-45 F ORDINANCE 61 (SERIES OF 1993) AN ORDINANCE OF THE ASPEN CITY COU)N CIL GRANTING A SIX MONTH EXTENSION OF THE 1989 OFFICE GMQS ALLOTMENT GRANT- ED BY RESOLUTIONS 90A4 AND 9OAS FOR THE ASIA OFFICE DEVELOPMENT, 132 WEST MAIN STREET, ASPEN, COL.ORADO. Copies of this ordinance are available in the office of the City Clerk, City Hall, 130 South Galena, Aspen, during normal business hours. FINALLY, adopted, passed and approved this 6th day of December, 1993 John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk Published in The Aspen Times Dec. 17,1993. • E ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 FAX# (303) 920-5197 October 21, 1993 Dennis Green 715 W. Main St., Suite K Aspen, CO 81611 Re: Asia Extension of GMQS Allotments Case A58-93 Dear Dennis, The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application for review by the Aspen Planning and Zoning Commission on Tuesday, November 8, 1993 at a meeting to begin at 4:30 p.m. Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. If you have any questions, please call Leslie Lamont, the planner assigned to your case, at 920-5101. Sincerely, S'4�� Suzanne L. Wolff Administrative Assistant forma:apz. no. ph AiTAC MENT 1 • i LAND USE APPLICATION FUN 1) Project Name ASIA 2) project Location 132 W. Main, Lots K, L, M, N, and the West 1/2 of Lot 0, Block 58, City and Townsite of Aspen. (indicate street address, lot & block number, legal description where appropriate) 3) Present Zoning 0-Office 5) Applicant's Name, Address & Phone # 4) Lot Size 13,500 sq. ft. Steve and Lily Ko, 132 W. Main, Aspen, CO 81611 6) Representative's Name, Address & Phone # Dennis B. Green, Attorney, 715 W. Main, Suite K, Aspen, CO, 81611, 925-1885 7) Type of Application (please check all that apply): conditional Use Special Review 8040 Greenline Stream Margin Mountain View Plane Iat Split/Lot Line Adjustment Conceptual SPA conceptual Historic Dev. Final SPA Final Historic Dev. Conceptual PUD Minor Historic Dev. Find FM Historic Demolition subdivision Historic Designation 1pxt/Map Amenciment (MQS Allotment Extension GK�S lion 8) Description of Existing i ng Uses (number and type of existing ng stnx.-btses; approximate sq. ft. ; number of bedrooms; any Previous approvals granted to the property) - Restaurant use, office building as approved by Historic Preservation Committee and for growth management quota allotment. 9) Description of Development Application For extension of time for development order. 10) Have you attached the following? X if�e to Attachment 2, Minimum Submission Contents X Response to Attadment 3, Specific Submission Contents X Response to Attacimient 4, Review Standards for Your Application • 0 The applicants hereby request an extension of the time set for the expiration of a development order, pursuant to §8-108 of the City Of Aspen Land Use Regulations. The specific order for which an extension is requested are Resolutions Nos. 1990-43, 1990-44, and 1990-45. These Resolutions granted growth management quota allotments for the Asia Project, an office building to be constructed next to the existing restaurant building, at 132 W. Main. The project has been diligently pursued by the applicants. The applicants have already submitted an application for a building permit, which application is being processed, and which should be ready within several weeks. Unexpected delays were experienced as to supporting documents required from the landscape architect, surveyor and engineer. Final construction drawings have been prepared by Charles Cunniffe & Associates were submitted in the first week of September, together with supporting documentation as required by the Building and Zoning Departments. A site and landscaping plan has been incorporated into the plans which includes extensive screening of the trash/service area. The parking plan includes the paving of the alley behind the office building and existing restaurant building. The applicant has made numerous attempts to pursue a long term lease or purchase of parking spaces from the adjacent Hotel Aspen, but this has proved to be infeasible due to court proceedings involving the ownership and management of this adjacent property. The conditions for the project have already been met, including all of the conditions which might pertain including conceptual approval by the Historic Preservation Committee. Deed restrictions for the affordable housing units are being prepared, including a statement that the units cannot be occupied by more than four employees. The provisions for the employee units provide 224 to 270 square feet of net living area per person, well within the requirement of between 125 to 300 square feet required by the approvals. The related requirements for area required for certain uses within the units have also been met, as shown by the detailed plans already submitted. There are no improvements which were required to be installed prior to the construction of the project. The extension is in the best interests of the community because the project fills an existing need for office space, which need has been confirmed by the Planning Office. The project is for office space, which is the "best use" for the property located in the Office Zone. The proposal was modified, both in scale and style, to reflect the concerns and • • recommendations of the Historic Preservation Committee. The application for a building permit was in fact made prior to the expiration date of the approvals and is substantially complete. The applicant simply needs some additional time to provide additional information requested during the building permit process, and for the City's staff to review and process the application. The required fee for this application in the amount of $942.00, together with the letter of authorization from the owners, and evidence of ownership are submitted with this application. For the above reasons, the applicants request an extension of up to six months to obtain a building permit. ASIA RESTAURANT 132 W. Main Aspen, Colorado, 81611 303-925-1885 October 7, 1993 City Council, City Of Aspen c/o City Of Aspen Planning Office 130 S. Galena Aspen, CO 81611 TO WHOM IT MAY CONCERN: We, Steve Ko and Lily Ko, the owners of the property at 132 W. Main, Aspen, Colorado, known as the Asia Restaurant, hereby authorize Brian Busch, Dennis Green and Charles Cunniffe to act as our agents in presenting applications and presentations to the City on our behalf with regard to an allotment extension for Growth Management allotments. Mr. Busch is coordinating the application process; Mr. Green is our attorney; and, Mr. Cuniffee is our architect. Lily Ko DENNIS B. GREEN Attorney at Law TELEPHONE 303-925-1885 715 W. MAIN ST., SUITE K TELECOPIER 303-925-8240 ASPEN. COLORADO 81611 October 7, 1993 City Council, City Of Aspen c/o City Of Aspen Planning Office 130 S. Galena Aspen, CO 81611 To the Members of the Council: This letter is to certify that I have conducted a search of the land records of the Pitkin County Clerk And Recorder regarding the real property described as: Lots K, L, M, N, and the West One -Half of Lot O, Block 58, City And Townsite Of Aspen. My search of the records covered the period of time from July 3, 1989, the date of the Certificate Of Ownership issued by Pitkin County Title, through today's date. No records were found which would affect the Certificate Of Ownership which states that Steve Ko and Lily Ko are the lawful owners of said property. Sincerely, PITKIN COUNTY TITLE, It� 1illo liisui; llco Gunlpally lilt J. Fliyons Gtt 1 I_. I luhkins, Aspen, Golumdo a 1611 (:►nisainrI tit. Davi:: 'resident (3U3) 925-170G - (3U3) 925-6527 FAX Viuo hrouidont C)"ItTIFICATE OF OWNERSHIP PITKIN COUNTY TITTLE, INC., A DULY LI.CENSI,D 'TITLE iNSUI'.ANCE AGENT 1'Olt THE STATE OF COLORADO IIEREIIY GERTI.1'11,5 THAT : STEVE I:U AND LILY EX ARE THE OWNERS 114 FEE 3 1 HPLL' OF THE FOLLOWING UL'SCI{1111,D REA1, PROPERTY SITUATED IN PITKIN COUNTY, COLORADO TO —WIT: LOTS -K, L, M, N. AND THE WEST ONE-11ALF OF LOT U, BLOCK 58, CITY AND TOWNSITE OF ASPEN. DEEDS OF TRUST, HURTGAGES, ENCUMBRANCE'S APPARENTLY I40T RL'LEAsED: DEED OF TRUST ----- BOOK roil AT PAGL, 1137 NOTE: AMENDMENT TO DEED OF !'RUST RECURDED 114 BOUK 509 AT PAGE 763 FINANCING STATEMENT -- BOOK 518 AT PAGE ill NOTE : EASEMENT ----- BOOK 525 AT PAGE 48 LIEN AND JUDGEMENTS APPARENTLY NOT RELEASED: NONE ALTHOUGH VIE 111:Li)3VE 'I,Ill.. FACTS STATED ARE 'TRUE, HIS CL'RTIFIGA'1'L' IS 140T TO BE CONSTRUED AS A14 ABSTRACT 01' TITTLE, NUR AN OPINION UP '.l'i'TL1?, NUR ,1 GUARANTY OF 'TITLE, AND I'.l' IS UNDERS'.l'OOU AND AGREED THAT PITKIN COUNTY TITLE, INC., NEITHER ASSUt•IL'S, Holt WILL 111' CHARGED WITH A14Y FINANCIAL OBLIGATION Olt LIABILITY WHATEVER 014 ANY STATEMENT CONTAINED HEREIN. CERTIFIED TO: JULY 3, 1989 AT 6:00 A.M. PITKINZ, Y T� � ING. BY: AUTIIORI7�U S�[GNATURL' 10