HomeMy WebLinkAboutcoa.lu.gm.210 N Mill St.A9-97
CASEL~AD SUMMARY SHEET. CITY OF ASPEN
DATE RECEIVED: 2/19/97
DATE COMPLETE:
PARCELID# 2737-073-18-001
CASE # A9-97
STAFF: ..JtII;v AHm: 'Wuud~ N,/vt-. If<tQ..J
Cap's Auto Property Commercial GMQS Extension
210 North Mill Street, Aspen
Draco, Inc.
P.O. Box 8904 Aspen, Co. 81612
PROJECT NAME:
Project Address:
APPLICANT:
Address/Phone:
OWNER:
Address/Phone:
REPRESENTATIVE: Stone Davis
Address/Phone: 925-4492
RESPONSIBLE PARTY:
same
Applicant
Other Name/Address:
FEES DUE
PLANNING
ENGINEER
HOUSING
ENVHEALTH
CLERK
TOTAL
FEES RECEIVED
$1080 PLANNING $1080.
$0 ENGINEER $
$0 HOUSING $
$0 ENV HEALTH $
$ CLERK $
$1080. TOTAL RCVD $1080
# APPS RECEIVED 1
# PLATS RECEIVED 1
GIS DISK RECEIVED:_
TYPE OF APPLICATION
Staff Approval
P&Z
CC
I CC (2nd readin )
REFERRALS:
o City Attorney
o City Engineer (DRC)
o Zoning
o Housing
o Environmental Health
o Parks
DATE REFERRED:
I
o Aspen Fire Marshal
o City Water
o City Electric
o Clean Air Board
o Open Space Board
o Other:
o CDOT
o ACSD
o Holy Cross Electric
o Rocky Mtn Natural Gas
o Aspen School District
o Other:
INITIALS:
DATE DUE:
APPROVAL:
OrdinanceIResolution # ~ /997
Staff Approval
Plat Recorded:
Date: r i /i /t}9?
Date:
Book , Page
CLOSED/FILED
ROUTE TO:
DATE: ~1AI,'f~m1
INITIALS: A
ORDINANCE No.--.2..-..
(SERIES OF 1997)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH EXTENSION
OF THE 1993 COMMERCIAUOFFICE GMQS ALLOTMENTS GRANTED BY ORDINANCE
NO.2, SERIES OF 1994 FOR 810 SQUARE FEET OF NET LEASABLE AREA AND GMQS
EXEMPTION FOR THE PROJECT'S TWO ON-SITE AFFORDABLE HOUSING UNITS, AND
DENYING A REQUEST FOR A SIX MONTH EXTENSION OF THE VESTED RIGHTS
ASSOCIATED WITH ORDINANCE NO.2, SERIES OF 1994, CAP'S AUTO PROPERTY
LOCATED AT 210 NORTH MILL STREET, CITY OF THE ASPEN, PITKIN COUNTY,
COLORADO.
WHEREAS, pursuant to Section 26.102.080 of the Aspen Municipal Code, City Council may
grant an extension of GMQS allocations up to six months for developments other than detached residential
and duplex units; and
WHEREAS, on February 28,1994, City Council adopted Ordinance No.2, Series of 1994, which
approved the Cap's Auto Supply GMQS Exemption for two on-site affordable housing and included
commercial/office GMQS allocations; and
WHEREAS, the GMQS development allotments included the construction 810 square feet of net
leasable area; and
WHEREAS, the development allotments expire on the day after the third anniversary of the date
the GMQS allocations, or other development approvals; have been awarded; and
WHEREAS, the applicants, Draco Incorporated, has requested a six (6) month extension of the
GMQS allocations for the Cap's Auto Property located at 210 North Mill Street; and
WHEREAS, the applicant also requests an extension of vested rights status, to coincide with the
GMQS allocation extension; and
WHEREAS, the Community Development Department, having reviewed the application
recommends approval ofa six (6) month extension to the GMQS allotments approved in Resolution No.3,
Series of 1994 and Ordinance No.2, Series of 1994; and
Ordinance No.9, Series of 1997
Page 2
WHEREAS, the Community Development Department, having reviewed the application
recommends denial of the request for a six (6) month extension to the vested rights granted by Ordinance
No.2, Series of 1994 ; and
WHEREAS, the Aspen City Council, having considered the Community Development
Department's recommendation for the GMQS extension, does wish to: a) grant an extension for six (6)
months, finding that there was delay caused by the unknown future plans of the current tenants and the short
time since learning of said plans, and that allowing the extension would be in the best interest of the
community because it would allow the use of the subject property to be brought into conformity/compliance
with the Office (0) zone district of which it is a part, and b) deny the request to extend vested rights status.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1:
I. Pursuant to Section 26.102.080 of the Aspen Municipal Code, City Council does hereby grant the
applicant a six (6) month extension of the 1993 Commercial/Office GMQS allocation approved by
Resolution No.3, Series of 1994, for the Cap's Auto Property located at 210 North Mill Street
beginning February 28,1997, and ending August 28,1997.
Section 2:
Pursuant to Section 26.102.080 of the Aspen Municipal Code, City Council does hereby grant the applicant
an extension of a GMQS Exemption for two on-site affordable housing units for the Cap's Auto Property
located at 210 North Mill Street as approved by Ordinance 2, Series of 1994 with the following conditions:
I. The extension shall be for six months to August 28, 1997.
2. Any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of
said property rights.
3. The approval granted hereby shall be subject to all rights of referendum and judicial review.
4. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan
from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations
Ordinance No.9, Series of 1997
Page 3
or ordinances or the City provided that such reviews or approvals are not inconsistent with the
approvals granted herein.
5. The extension herein shall not preclude the application of ordinances or regulations which are general in
nature and are applicable to all property subject to land use regulation by the City of Aspen including,
but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a
condition of this site development approval, the developer shall abide by any and all such building, fire,
plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing.
6. The approvals granted by the Aspen City Council shall be null and void unless the applicant pays a sum
of $7800 to the Aspen Water Department within two (2) weeks of approval of the requested extensions;
a receipt from the Water Department verifying that the applicant has delivered payment of the required
amount shall be submitted to the Community Development Department before this Ordinance is signed.
The payment shall constitute full reimbursement of the expenses incurred by the Water Department for
the extension of a four (4) inch water service line in Mill Street to serve the proposed development.
Section 3:
City Council does hereby deny the applicant's request for an extension of the vested rights granted to the
Cap's Auto Property located at 210 North Mill Street as approved by Ordinance 2, Series of 1994.
Therefore, the vested rights granted for the Cap's Auto Supply site specific development plan expire on
February 28,1997.
Section 4:
The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation
within the City of Aspen no later than fourteen (14) days following final adoption hereof.
Section 5:
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect
the validity ofthe remaining portions thereof.
Section 6:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or
proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and
the same shall be conducted and concluded under such prior ordinances.
Section 7:
A public hearing on the Ordinance was held on the 14th day of April, 1997 at 5:00 P.M. in the City Council
Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the
same was published in a newspaper of general circulation within the City of Aspen.
Ordinance No.9, Series of 1997
Page 4
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
City Attomey
Community Development Director
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the
City of Aspen on the 25th day of March, 1997.
~ (~~~
John ennett, Mayor
ATTEST:
~'r& ) 4~~;
Kathryn S. Ko City Clfrk .-
FINALLY, adopted, passed and approved this .d day of OrAJ J 1997.
~ t7~--..'-'~'
John ennett, Mayor
~-~
Kathryn S. Ko Cit'*lerk --
.J'~
MEMORANDUM
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TO: .'
THRU:
THRU:
FROM:
DATE:
RE:
Mayor and Council f\ \~ /
Amy Margerum, City Manager ~v '"\
Stan Clauson, Community Development Directo/ Y \:J.J.J
Julie Ann Woods, Community Development Deputy Director r
Mitch Haas, Planner 4\\
March 10, 1996
Cap's Auto Property Commercial/Office GMQS}Ifld Vested Rights
Extension Request - First Reading of Ordinance::L, Series of 1997
SUMMARY: The owners/representatives of Draco, Inc. have requested a six (6) month
extension to their 1994 GMQS allotment for eight-hundred ten (810) square feet of net
leasable area, their GMQS exemption for the project's two on-site affordable housing units,
and their vested rights.
This request would extend the allocation and the vested rights to August 28, 1997. The
application is attached as Exhibit A. Resolution Number 3, Series of 1994, which granted
the GMQS commercial/office development allotments, and Ordinance Number 2, Series of
1994, which granted a GMQS exemption for the development of two (2) affordable housing
units and vested rights for a period of three (3) years, are included as Exhibits B and C,
respectively.
Staff recommends approval of a six (6) month extension of the GMQS allocation and the
extension of vested rights status, with conditions.
APPLICANT: Draco, Inc., represented by Stone Davis
BACKGROUND: With the passing of Resolution Number 3, Series of 1994, the Aspen
City Council granted Cap's Auto Supply a development allotment of 810 square feet of net
leasable space from the 1993 commercial growth management quota. This GMQS
allocation was due to expire on January 28, 1997.
Similarly, with the passing of Ordinance Number 2, Series of 1994, the Aspen City Council
granted Cap's Auto Supply a GMQS Exemption for two (2) affordable housing units to be
located in the redeveloped Cap's Auto Supply Building and vested rights for the Cap's ~ "
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Auto Supply site specific development plan. This granting of a GMQS exemption and
vested rights was due to expire on February 28, 1997.
On February 14, 1997, the applicant submitted a request for six (6) month extensions to the
GMQS allocation, the GMQS exemption, and the vested rights. City policy has been that if
an application for an extension is received before the expiration date of the vested rights,
City Council will consider the request as having been filed in a timely manner even though
the matter is scheduled for consideration by City Council after the expiration date.
STAFF COMMENTS: Section 26. 1 02.080(A) of the Aspen 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 exemption have been complied
with; and
RESPONSE: All of the conditions of approval required addressing "prior to issuance of
any building permits" (see Exhibit C). The applicant has stated that all conditions applied
to the project will be complied with at the time of submission for a building permit. There
were no conditions imposed that could be met prior to applying for a building permit.
(b) Any improvements which were required to be installed by the applicant prior to
construction of the project have been installed; and
RESPONSE: All improvements required of the applicant will be installed prior to
receiving a building permit. No improvements were required to be installed before
application for a building permit.
(c) The project has been diligently pursued in all reasonable respects, and the
extension is in the best interest of the community.
RESPONSE: The applicant submits that, at the time of the approvals, the remodeled
building was going to be the home of a new national bank organized by local citizens.
However, the bank organizers never raised the capital to open the bank. The building is
currently leased to Cap's Auto Supply, and the lease expires on June 30, 1997. From April
of 1996, when the lease started, through January of 1997, the applicant believed that the
current tenant was going to extend the lease for five (5) more years with an option for two
2
(2) more five-year periods; however, in January, the tenant informed the applicant that he
would be vacating by the end of July, 1997. The current tenant is a non-conforming use in
the Office zone.
Since receiving notice of the tenant's intention to vacate, the applicant has been reviewing
their plans with architects, in preparation of submitting a building permit application.
However, the applicant had not progressed far enough into the design of their plans to
submit a building permit application before the expiration of their approvals. The project
has been diligently pursued in all reasonable respects, as required by the code. The
extension would be in the best interest of the community because it would allow the use of
the subject property to be brought into conformity/compliance with the Office zone district,
of which it is a part.
RECOMMENDATION: Staff recommends approval of a six (6) month extension to the
approval of a development allotment of 810 square feet of net leasable space from the 1993
commercial growth management quota, as granted via Resolution Number 3, Series of
1994. Staff further recommends approval of a six (6) month extension to Council's
granting of a GMQS Exemption for the construction of two affordable housing units and
vested rights for the Cap's Auto Supply site specific development plan. The extensions
would be subject to all conditions outlined in Ordinance Number 2, Series of 1994. The six
(6) month extension shall begin at the expiration date of Ordinance Number 2, Series of
1994, which is February 28,1997, and shall expire on August 28, 1997.
RECOMMENDED MOTION: "I move to approve Ordinance cr ,Series of 1997, on
first reading, approving the extension of the 1993 Commercial/Office GMQS allocation and
vested rights status for Cap's Auto Supply to August 28, 1997."
CITY MANAGER'S COMMENTS:
EXHIBITS:
Exhibit A - Extension Request
Exhibit B - Resolution Number 3, Series of 1994
Exhibit C - Ordinance Number 2, Series of 1994
3
ORDINANCE q
(SERIES OF 1997)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH EXTENSION
OF THE 1993 COMMERCIAUOFFICE GMQS ALLOTMENTS AND VESTED RIGHTS
GRANTED BY ORDINANCE NO.2, SERIES OF 1994 FOR 810 SQUARE FEET OF NET
LEASABLE AREA AND GMQS EXEMPTION FOR THE PROJECT'S TWO ON-SITE
AFFORDABLE HOUSING UNITS LOCATED AT 210 NORTH MILL STREET, CITY OF THE
ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, pursuant to Section 26.102.080 of the Aspen Municipal Code, City Council may
grant an extension of GMQS allocations up to six months for developments other than detached residential
and duplex units; and
WHEREAS, on February 28,1994, City Council adopted Ordinance No.2, Series of 1994, which
approved the Cap's Auto Supply GMQS Exemption for two on-site affordable housing and included
commercial/office GMQS allocations; and
WHEREAS, the GMQS development allotments included the construction 810 square feet of net
leasable area; and
WHEREAS, the development allotments expire on the day after the third anniversary of the date
the GMQS allocations, or other development approvals,'l\ave been awarded; and
WHEREAS, the applicants, Draco Incorporated, has requested a six (6) month extension of the
GMQS allocations for the Cap's Auto Property located at 210 North Mill Street; and
WHEREAS, the applicant also requests an extension of vested rights status, to coincide with the
GMQS allocation extension; and
WHEREAS, the Community Development Department, having reviewed the application
recommends approval of a six (6) month extension of the GMQS allotments and vested rights approved in
Resolution No.3, Series of 1994 and Ordinance No.2, Series of 1994; and
WHEREAS, the Aspen City Council, having considered the Community Development
Department's recommendation for the GMQS extension, does wish to grant an extension for six (6) months
and extend vested rights status, finding that the delay caused by the unknown future plans ofthe current
Ordinance No. _' Series of 1997
Page 2
tenants and the short time since learning of said plans, and that allowing the extension would be in the best
interest of the community because it would allow the use ofthe subject property to be brought into
conformity/compliance with the Office (0) zone district ofwhich it is a part.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1:
1. Pursuant to Section 26.102.080 of the Aspen Municipal Code, City Council does hereby grant the
applicant a six (6) month extension of the 1993 Commercial/Office GMQS allocation approved by
Resolution No.3, Series of 1994, for the Cap's Auto Property located at 210 North Mill Street
beginning February 28,1997, and ending August 28,1997.
Section 2:
Pursuant to Section 26.102.080 of the Aspen Municipal Code, City Council does hereby grant the applicant
an extension of a GMQS Exemption for two on-site affordable housing units and vested rights status for the
site specific development plan for the Cap's Auto Property located at 210 North Mill Street as approved by
Ordinance 2, Series of 1994 with the following conditions:
1. The extension of vested rights shall be for six months to August 28, 1997.
2. The rights granted by the site specific development plan approved by this Ordinance and the
insubstantial amendment shall remain vested for a period of five years and six months from February
28, 1994. However, any failure to abide by the terms and conditions attendant to this approval shall
result in forfeiture of said vested property rights.
3. The approval granted hereby shall be subject to all rights of referendum and judicial review.
4. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan
from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations
or ordinances or the City provided that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
5. The establishment herein of a vested property right shall not preclude the application of ordinances or
regulations which are general in nature and are applicable to all property subject to land use regulation
by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical
codes. In this regard, as a condition of this site development approval, the developer shall abide by any
and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is
granted in writing.
Section 3:
Ordinance No. -' Series of 1997
Page 3
The City Clerk shall cause notice ofthis Ordinance to be published in a newspaper of general circulation
within the City of Aspen no later than fourteen (14) days following final adoption hereof.
Section 4:
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect
the validity of the remaining portions thereof.
Section 5:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or
proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and
the same shall be conducted and concluded under such prior ordinances.
Section 6:
A public hearing on the Ordinance shall be held on the 10th day of March, 1997 at 5:00 P.M. in the City
Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public
notice of the same shall be published one in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the
City of Aspen on the lOth day of March, 1997.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this 10th day of March, 1997.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
,-'
,
PUBLIC NOTICE
RE: CAP'S AUTO PROPERTY COMMERCIAL/OFFICE GMQS AND VESTED
RIGHTS EXTENSION
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, April 14, 1997 at a
meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall,
130 S. Galena St., Aspen, to consider an application subrnitted by Draco, Inc., requesting approval
for a six (6) month extension to their 1994 GMQS allotment tor eight-hundred ten (810) square feet
of net leasable area, GMQS exemption for the project's two on-site affordable housing units, and
vested rights. The property is located at 210 N. Mill Street. For further information, contact Mitch
Haas at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO
(970) 920-5095.
s/.John Bennett. Mayor
Aspen City Council
Published in the Aspen Times on March 29, 1997
City of Aspen Account
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CITY COUNCIL AGENDA
March 10, 1997
5:00 P.M.
I. Call to Order
..
II.
RollCall
III. Scheduled Public Appearances
a) Proclamation - Girl Scouts Be Your Best Day
b) Proclamation - Sunshine Kids
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues
NOT on the agenda. Please limit your comments to 3 minutes)
V. Special Orders of the Day
a) Mayor's Comments
b) Councilmembers' Comments
c) City Manager's Comments
VI. Consent Calendar (These matters may be adopted together by a single motion)
a) Resolution #15, 1997 - Contract - The Root Group Internet Hardware and
Consulting
b) Kids First Revenue & Appropriation
c) Resolution #12, 1997 - 1997 Street Improvement Program - Elam
d) Resolution #13, 1997 - 1997 Street Improvement Program - Intermountain
Resurfacing
e) Resolution #14, 1997 - Solid Waste Hauling Contract, BFI
1) Ordinance # 9, 1997 - Cap's Property Commercial GMQS Vested Rights
Extension
VII. Public Hearings
a) Ordinance # 42, 1996 - Kastelic Property - Win Win LLC Vested Rights Extension
(To Be Continued)
b) Ordinance #8, 1997 - Landuse Code Amendments
VIII. Action Items
a) Aspen Country Inn Affordable Housing Uses
IX. Information Items
.
,X. Adjournment
"'''A
Next Regular Meeting March 24 1997
COUNCIL MEETS AT NOON FOR AN INFORMAL PUBLIC DISCUSSION, BASEMENT
MEETING ROOM
""
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,
MEMORANDUM
FROM:
DATE:
Mayor and Council t\ \~ /
Amy Margerum, City Manager ~v "
Stan Clauson, Community Development Director(, Y \::dJ
Julie Ann Woods, Community Development Deputy Director r (.j
Mitch Haas, Planner 41k
March 10, 1996
TO:
THRU:
THRU:
RE:
Cap's Auto Property Commercial/Office GMQS}lPd Vested Rights
Extension Request - First Reading of Ordinance~, Series of 1997
SUMMARY: The owners/representatives of Draco, Inc. have requested a six (6) month
extension to their 1994 GMQS allotment for eight-hundred ten (810) square feet of net
leasable area, their GMQS exemption for the project's two on-site affordable housing units,
and their vested rights.
This request would extend the allocation and the vested rights to August 28, 1997. The
application is attached as Exhibit A. Resolution Number 3, Series of 1994, which granted
the GMQS commercial/office development allotments, and Ordinance Number 2, Series of
1994, which granted a GMQS exemption for the development of two (2) affordable housing
units and vested rights for a period of three (3) years, are included as Exhibits B and C,
respectively.
Staff recommends approval ofa six (6) month extension of the GMQS allocation and the
extension of vested rights status, with conditions.
APPLICANT: Draco, Inc., represented by Stone Davis
BACKGROUND: With the passing of Resolution Number 3, Series of 1994, the Aspen
City Council granted Cap's Auto Supply a development allotment of 810 square feet of net
leasable space from the 1993 commercial growth management quota. This GMQS
allocation was due to expire on January 28, 1997.
Similarly, with the passing of Ordinance Number 2, Series of 1994, the Aspen City Council
granted Cap's Auto Supply a GMQS Exemption for two (2) affordable housing units to be
located in the redeveloped Cap's Auto Supply Building and vested rights for the Cap's
1
/
Auto Supply site specific development plan. This granting of a GMQS exemption and
vested rights was due to expire on February 28, 1997.
On February 14, 1997, the applicant submitted a request for six (6) month extensions to the
GMQS allocation, the GMQS exemption, and the vested rights. City policy has been that if
an application for an extension is received before the expiration date of the vested rights,
City Council will consider the request as having been filed in a timely manner even though
the matter is scheduled for consideration by City Council after the expiration date.
STAFF COMMENTS: Section 26.102.080(A) of the Aspen 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 exemption have been complied
with; and
RESPONSE: All of the conditions of approval required addressing "prior to issuance of
any building permits" (see Exhibit C). The applicant has stated that all conditions applied
to the project will be complied with at the time of submission for a building permit. There
were no conditions imposed that could be met prior to applying for a building permit.
(b) Any improvements which were required to be installed by the applicant prior to
construction of the project have been installed; and
RESPONSE: All improvements required of the applicant ""ill be installed prior to
receiving a building permit. No improvements were required to be installed before
application for a building permit.
(c) The project has been diligently pursued in all reasonable respects, and the
extension is in the best interest of the community.
RESPONSE: The applicant submits that, at the time of the approvals, the remodeled
building was going to be the home of a new national bank organized by local citizens.
However, the bank organizers never raised the capital to open the banle The building is
currently leased to Cap's Auto Supply, and the lease expires on June 30, 1997. From April
of 1996, when the lease started, through January of 1997, the applicant believed that the
current tenant was going to extend the lease for five (5) more years with an option for two
2
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....." "
(2) more five-year periods; however, in January, the tenant informed the applicant that he
would be vacating by the end of July, 1997. The current tenant is a non-conforrning use in
the Office zone.
Since receiving notice of the tenant's intention to vacate, the applicant has been reviewing
their plans with architects, in preparation of submitting a building permit application.
However, the applicant had not progressed far enough into the design of their plans to
submit a building permit application before the expiration of their approvals. The project
has been diligently pursued in all reasonable respects, as required by the code. The
extension would be in the best interest of the community because it would allow the use of
the subject property to be brought into conformity/compliance with the Office zone district,
of which it is a part.
RECOMMENDATION: Staff recommends approval ofa six (6) month extension to the
approval of a development allotment of 810 square feet of net leasable space from the 1993
commercial growth management quota, as granted via Resolution Number 3, Series of
1994. Staff further recommends approval of a six (6) month extension to Council's
granting of a GMQS Exemption for the construction of two affordable housing units and
vested rights for the Cap's Auto Supply site specific development plan. The extensions
would be subject to all conditions outlined in Ordinance Number 2, Series of 1994. The six
(6) month extension shall begin at the expiration date of Ordinance Number 2, Series of
1994, which is February 28, 1997, and shall expire on August 28, 1997.
RECOMMENDED MOTION: "I m'ove to approve Ordinance 9' , Series of 1997, on
first reading, approving the extension of the 1993 Commercial/Office GMQS allocation and
vested rights status for Cap's Auto Supply to August 28,1997."
CITY MANAGER'S COMMENTS:
EXHIBITS:
Exhibit A - Extension Request
Exhibit B - Resolution Number 3, Series of 1994
Exhibit C . Ordinance Number 2, Series of 1994
3
,
,." .,
ORDINANCE q
(SERIES OF 1997)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH EXTENSION
OF THE 1993 COMMERCIAUOFFICE GMQS ALLOTMENTS AND VESTED RIGHTS
GRANTED BY ORDINANCE NO.2, SERIES OF 1994 FOR 810 SQUARE FEET OF NET
LEASABLE AREA AND GMQS EXEMPTION FOR THE PROJECf'S TWO ON-SITE
AFFORDABLE HOUSING UNITS LOCATED AT 210 NORm MILL STREET, CITY OF THE
ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, pursuant to Section 26.102.080 of the Aspen Municipal Code, City Council may
grant an extension of GMQS allocations up to six months for developments other than detached residential
and duplex units; and
WHEREAS, on February 28, 1994, City Council adopted Ordinance No.2, Series of 1994, which
approved the Cap's Auto Supply GMQS Exemption for two on-site affordable housing and included
Commercial/office GMQS allocations; and
WHEREAS, the GMQS development allotments included the construction 81 (} square feet of net
leasable area; and
WHEREAS, the development allotments expire on the day after the third anniversary of the date
the GMQS allocations, or other development approvals, have been awarded; and
WHEREAS, the applicants, Draco Incorporated, has requested a six (6) month extension of the
GMQS allocations for the Cap's Auto Property located at 210 North Mill Street; and
WHEREAS, the applicant also requests an extension of vested rights status, to coincide with the
GMQS allocation extension; and
WHEREAS, the Community Development Department, having reviewed the application
recommends approval of a six (6) month extension of the GMQS allotments and vested rights approved in
Resolution No.3, Series of 1994 and Ordinance No.2, Series of] 994; and.
WHEREAS, the Aspen City Council, having considered the Community Development
Depanment's recommendation for the GMQS extension, does wish to grant an extension for six (6) months
and extend vested rights status, finding that the delay caused by the unknown future plans of the current
.''>"'''"',
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....,;
Ordinance No.i, Series of 1997
Page 2
tenants and the short time since learning of said plans, and that allowing the extension would be in the best
interest of the community because it would allow the use of the subject property to be brought into
conformity/compliance with the Office (0) zone district of which it is a part.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1:
1. Pursuant to Section 26.102.080 of the Aspen Municipal Code, City Council does hereby grantthe
applicant a six (6) month extension of the 1993 Commercial/Office GMQS allocation approved by
Resolution No.3, Series of 1994, for the Cap's Auto Property located at 210 North Mill Street
beginning February 28, 1997, and ending August 28, 1997.
Section 2:
Pursuant to Section 26.102.080 of the Aspen Municipal Code, City Council does hereby grant the applicant
an extension of a GMQS Exemption for two on-site affordable housing units and vested rights status for the
site specific development plan for the Cap's Auto Property located at 210 North Mill Street as approved by
Ordinance 2, Series of 1994 with the following conditions:
1. The extension of vested rights shall be for six months to August 28,1997.
2. The rights granted by the site specific development plan approved by this Ordinance and the
insubstantial amendment shall remain vested for a period offive years and six months from February
28, 1994. However. any failure to abide by the terms and conditions attendant to this approval shall
result in forfeiture of said vested property rights.
3. The approval granted hereby shall be subject to all rights of referendum and judicial review.
4. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan
from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations
or ordinances or the City provided that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
5. The establishment herein of a vested property right shall not preclude the application of ordinances or
regulations which are general in nature and are applicable to all property subject to land use regulation
by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical
codes. In this regard, as a condition of this site development approval, the developer shall abide by any
and all such building. fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is
granted in writing.
Section 3:
".."
, ,
-......
Ordinance No. q, Series of 1997
Page 3
The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation
within the City of Aspen no later than fourteen (14) days following final adoption hereof.
Section 4:
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect
the validity of the remaining portions thereof.
Section 5:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or
proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and
the same shall be conducted and concluded under such prior ordinances.
Section 6:
A public hearing on the Ordinance shall be held on the 10th day of March, 1997 a15:00 P.M. in the City
Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public
notice of the same shall be published one in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the
City of Aspen on the 10th day of March, 1997.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this lOth day of March, 1997.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
I EXHIBrr. A'I
Draco, In.:.
P. O. Box 8904
Aspen, Col':lrado 81612
February 14, 1997
Jul i e Ann WO':lds
Aspen/Pitkin Community Development
130 S.:'uth 13alena Street
Aspen, Colorado 81611
F.:E: Cap's Autc. F""':,perty C,:.mmer,:ial 13MQS E>;tension
Dr-a.:::,. Inc. is the I;JWner l:.f the Cap's Auto prcrpey-":y loc-~ted at
210 N':'rt~1 Mill St-(~et, Aspen. C,:rl,:rrad,:.. On F'ebfuary :::8, 1'~'34
through final adoptil~n of City Council Resolut:on 94-3 and
Ordinance 94-2, we were gyanted 810 squ~r2 feet of net
leasable area and GMQS exemption for the projects's two
on-site affordable housi~g units.
The prQperty was then as 'ow zoned Office and occupied by a
non-conf,)rming use in a partial two-stl~rj structure of 4,88:
square feet includirlg 4f~20 sqLlare feet 0f net leasable scaCE.
As spelled I)ut in code sel:tion 26.11)0.100, to be gr6nted an
e~t2nsion we must make application that demonstrates to the
City C,~uncil that three items have been complied wit., as
fl:.110WS:
A. All conditions applied to the project will be ':omplied
with at t.,~ time of submlssion for a building permit. I do
not believe that any conditions applied to the project require
compliance before submissil~n for a permit.
B. All improvements required of the applicant will be
installed prior t.:, re.:eiving a- building permit. I d,:. neot
believe that any improvements were required to be installed
before submission for a permit.
C. At the time of the approvals the remodeled building was
g.:.ing t,:. be the h':lme of a new national bank organized by some
local citizens. The bank organizers never raised the capital
to open the bank. Currently the building is leased to Cap's
Auto Supply. That lease expires on June 30, 1997. From
April, 1996, when the current lease started, up until January,
1997, we theought that the current tenant was going to extend
the lease for five meore years with an option for two more 5
year periods. In January the tenant told us that he weould be
f""'~,
",-."1.
moving by the end of July, 1997. The current tenant is a
non-conforming use in the Office 40ne. Since we received
notice about the tenant's intentions, we have been reviewing
our plans with architects in preparation of submitting
application for a building permit. We will not be able to
have a building permit application submitted by the time our
approvals expire.
The project has been diligently pursued in all reasonable
respects, as required by the City Code. The extension is in
the best interests of the community because the approval will
allow us to bring our property into a conforming zoning use
and avoid the expense to us and the ~xpense to '~he City of
another GMQS application.
Going through the GMQS process was ext~emely expensive for us
the first time. We dl~ not believ~ ~h~t ma~:ln~ us go t.1Y'~Ug~~
the process again is in the best inter~sts Qf the communit}",
Based on the f'Jregoing, we hereby request a six .nonth
extension of the GMQS allotments for the Cap.s Auto prOOErty
a"c 210 North Mill St"r"eet. Please ncrl:ify me if cU-:y addi"ti,:q-._=-.l
in~~':!rmatit:'n in SLtDpc'rt ':'; this applicati::'n is required.. ;~-::\nk
you f'JY you c,~nsideYation ~nd help.
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D. SC;:tn,? Cav-i-:;
President, Draco, Inc.
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,
RESOLUTION NO. i2.-
(serie. of 1994)
A USOLUTION OF TJIB CITY COUBCIL OF TJIB CITY OFASPD, COLORADO,
GAlrl'ntG COJDlDCIAL/OPJ'ICB DBVBLOPllBll'r ALLOTJIBIlTS IN TBE OPFICE
Jon DISTllICT FOR 1993 mmn TJIB Gl101fTK IftV1GBHDIT gOO'J!A SYSTEK
p1I!1lUS, Article 8 of Chapter 24 of the Aspen Municipal Code
sets forth a growth management quota system governing new
development within the City of Aspen; and
DEREAS, pursuant to Section 24-8-103.A.3.a. of the Aspen
Municipal Code, four (4,000) thousand square feet of new leasable
space is available for development allotment within the Office zone
district of the City on an annual basis; and
WHEREAS, Caps Auto Supply and Stape Limited Liability Company
have submitted applications requesting 810 square feet of net
leasable and 2,423 square feet of net leasable space respectively,
from the 1993 commerical quota for the Office zone district; and
WHEREAS, both applications were reviewed by the Planning
Director and forwarded to the Planning and Zoning Commission; and
-
WHEREAS, the Planning and Zoning Commission, at a duly noticed
public hearing on December 21, 1993, did evaluate the proposals and
accepted staff I s score finding that the development proposals
exceeded the minimum score thresholds for combined and individual
score categories as required by Section 24-8-106.F. of the Aspen
Municipal Code; and
WHEREAS, Caps Auto Supply scored 32.25 points, and Stape
Limited Liability company scored 27.91 points; and
WHEREAS, the Planning and Zoning Commission has recommended
that the caps Auto Supply project be allocated a development
allotment of 810 square feet of net leasable area pursuant to
\
Commission Resolution #93-33; and
WRRP..1A, the Planning and Zoning Commission has recommended
that the Stape Limited Liability COlllpany project be allocated a
development allotment of 2,423 square feet of net leasable area
pursuant to Commission Resolution #93-32; and
1IKBREAS, no challenges to the Planning and Zoning Commission's
scoring have been submitted to the City Council as allowed Under
Section 24-8-106.1. of the Aspen Municipal Code.
NOW, THEREFORE, BE IT RESOLVED BY TlIE CITY COUNCIL OF TlIE CITY
OF ASPEN, COLORADO THAT:
Section 1:
In accordance with Section 24-8-106.J. of the Aspen Municipal Code,
the Aspen City Council does hereby grant to the Caps Auto Supply
project a development allotment of 810 square feet of net leasable
space from the 1993 commerical growth management quota.
Section 2:
In accordance with Section 24-8-106.J. of the Aspen Municipal Code,
the Aspen City Council does hereby grant to the Stape Limited
Liability Company project a development allotment of 2,423 square
feet of net leasable space from the 1993 commerical growth
management quota.
Section 3:
In accordance with Section 24-8-108 of the Aspen Municipal Code,
the development allotments as awarded herein shall expire on the
day after the third anniversary of the date of approval of a site
specific development plan for the project as identified herein,
unless a building permit is obtained and the project is developed,
"".'"-----'----"""'--
or unless an exemption from or an extension to the approval is
obtained.
Data, !"'.u t1' '1 ~8
, 1994.~ . .qr-
~_..--~
John BeDDett, 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
Koch, city Clerk
367;934 5-744
SILVIA DAVIS
P-63:::'f'",",03/16/94 11: <)7A PG 1 OF,
P':<l"KI N COUNTY CLERK & RECORDER
{IXHl~i "e"l
REC DOC
20.00
~
ORDINANCE NO. d.
(SERIES OF 19iiT
AN ORDDtANCE OF THE CITY OF ASPEN GllUTING ags UEHPTION FOR
THE CONSTROCTION OF TWO AFFORDABLE HOOSDfG UBrTS FOR THE
CAP I S AUTO COJOlERCIAL ags PROJECT AND CHlUI'1'DfG VESTED RIGJI'l'S
FOR A PERIOD OF THREE YEARS FOR TBE DBVBLOPKDl'l' LOCATED AT
210 N. KILL STllBET (A UTES AND BOtlJlDS PHCBL Df SECTION
7, TOWNSHIP 10 SOtJTJI, JlAlfGE 84 WEST OF TBE 6TH P.M.)
WHEREAS, pursuant to Section 24-8-104 (C) (1) (c) of the Aspen
Municipal Code, City Council may exempt deed restricted affordable
hous ing uni ts from Growth Management Quota System (GMQS)
competition; and
WHEREAS, pursuant to Section 24-6-207 of the Aspen Municipal
Code, City Council may grant vesting of development rights for a
site specific development plan for a period of three years from the
date of final development plan approval; and
WHEREAS, Aspen Valley Bancshares, Inc. ("Applicant"), as
represented by Sunny Vann, submitted an application to the Planning_
Office requesting GMQS Exemption for the construction of two
affordable housing units in conjunction with a commercial GMQS
application; and
WHEREAS, Cap's Auto is zoned Office and affordable housing is
permitted use in this zone district; and
WHEREAS, the Planning and Zoning Commission considered the
applicant's request at a public hearing on December 21, 1993,-and
approved, in conjunction with growth management scoring, special
review to pay cash-in-lieu for three parking spaces as outlined in
Planning and Zoning Commission Resolution 93-~; and
WHEREAS, the Commission voted 5-0 to recommend approval to
City Council the GMQS Exemption for the development of two deed
,""'-
.". ~
367934
B-744 P-633 d5/16/94 11:07A PG 2
OF 4
Ordinance #~, (Series 1994)
Page 2 -
restricted affordable housing units to the Category 2 income level
which consists of a studio and a one bedroom unit in the lower
level of the development.
NOW, THEREFORE, BE I:T ORDAI:!lED BY THE CI:TY COUNCI:L OP THE CI:TY
OF ASPEN, COLORADO:
Section 1:
That it does hereby grant GMQS Exemption for two
Affordable Housing units to be located in the redeveloped cap's.
Auto Supply Building pursuant to Section 24-a-104(C) (1) (c) of the
Aspen Municipal Code.
section 2: The conditions of approval which apply to this GMQS
Exemption are:
1. The owner shall submit appropriate deed restrictions to the
Aspen/Pitkin County Housing Authority for approval prior to
issuance of any building permits. The studio and one bedroom
units shall be restricted to Category 2 requirements. Upon
approval by the Housing Authority, the Owner shall record the
deed restrictions with the Pitkin County Clerk and Recorder's
Office.
2. Prior to issuance of any building permits for the property,
a copy of the recorded deed restrictions for the new dwelling
units must be forwarded to the Planning Office.
3. The applicant shall address the potential carbon monoxide/fume
problems of air quality in the affordable housing units to be
reviewed by the Environmental Health Department, prior to
issuance of any building permits.
4.
All material representations made by
application and during public meetings
Zoning Commission and city Council
conditions of approval, unless amended
the applicant in the
with the Planning and
shall be considered
by other conditions.
Section 3: Pursuant to Section 24-6-207 of the Municipal Code,
367934
8-744 p-~ ~ 03/16/94 11:07A PG 3
4
Ordinance #~, (Series 1994)
Page 3 -
City Council does hereby grant the applicant vested rights for the
Cap's Auto Supply site specific development plan as follows:
1. The rights granted by the site specific development plan.
approved by this Ordinance shall remain vested for three (3)
years from the date of final adoption specified below.
However, any failure to abide by the terms and conditions
attendant to this approval shall result in forfeiture of said
vested property rights. Failure to timely and property record
all plats and agreements as specified herein or in the
Municipal Code shall also result in the forfeiture of said
vested rights.
2. The approval granted hereby shall be subject to all rights of
referendum and judicial review.
3. Nothing in the approvals provided by this Ordinance shall
exempt the site specific development plan from subsequent
reviews and/or approvals required by this Ordinance or the
general rules, regulations or ordinances of the City provided
that such reviews or approvals are not inconsistent with the
approval granted and vested herein.
4. The establishment herein of a vested property right shall not
preclude the application of ordinances or regulations which
are general in nature and are applicable to all properties
subject to land use regulation by the City of Aspen, including
but not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regard, as a condition of this site
development appr~val, the developer shall abide by any and all
such building, fire, plumbing, electrical and mechanical
codes, unless an exemption therefrom is granted in writing.
Section 4: The City Clerk shall cause notice of this Ordinance to
be published in a newspaper of general circulation within the City
of Aspen, no later than fourteen (14) days following final adoption
hereof. Such notice shall be given in the following form:
Notice is hereby given to the general public of the approval
of a site specific development plan, and the creation of a
vested property right pursuant to Title 24, Article 68,
Colorado Revised Statutes, pertaining to the fcllowing
described property:
~~~,"~."'-'~'.<
:!6793.f
8-744 P-635 r '16/94 11,07A PG 4
OF 4
Ordinance #~ (Series 1994)
Page 4 -
The property shall be described in the notice and appended to said
notice.
section 5: A public hearing on the Ordinance shall be held on the
~ day of ~.J,pb'l--1.994 at 5:00 P.M. in the City Council
Chambers, Aspen City Hall, Aspen, Colorado. Fifteen (15) days
prior to the hearing a public notice of the hearing shall be
published in a newspaper of general circulation within the City of
Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the City Council of the City of Aspen on the ~~ day Of;~~
y (/
1994.
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John ennett,
v&,'
Mayor
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City C1 rk
FINALLY, adopted, passed and approved this ~g
~994.
day of
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John Bennett, Mayor
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Dr-dCO, Inc.
P. O. Boy. 8904
Aspen, Colorado 81612
February 14, 1997
Julie Ann Woods
Aspen/Pitkin Community Development
130 South Galena Street
Aspen, Colorado 81611
RE: Cap's Auto Property Commercial GMQS Extension
Draco, Inc. is the owner of the Cap's Auto property located at
210 North Mill Street, Aspen, Colorado. On February 28, 1994
through final adoption of City Council Resolution 94-3 and
Ordinance 94-2, we were granted 810 square feet of net
leasable area and SMOS exemption for the projects's two
on-site affordable housing units.
The property was then as now zoned Office and occupied by a
non-conforming use in a paytial two-story structure of 4,882
square feet including 4,420 square feet of net leasable space.
As spelled out in code section 26.100.100, to be granted an
extension we must make application that demonstrates to the
City Council that three items have been complied with as
follows:
A. All conditions applied to the project will be complied
with at the time of submission for a building permit. I do
not believe that any conditions applied to the pyoject require
compliance before submission for a permit.
B. All improvements required of the applicant will be
installed prior to receiving a building permit. I do not
believe that any improvements were required to be installed
before submission for a permit.
C. At the time of the approvals the remodeled building was
going to be the home of a new national bank organized by some
local citizens. The bank organizers never raised the capital
to open the bank. Currently the building is leased to Cap's
Auto Supply. That lease expires on June 30, 1997. From
Apri I, 1'3'36, when the current lease started, up unti 1 ,January,
1997, we thought that the current tenant was going to extend
the lease for five more years with an option foy two moye 5
year periods. In January the tenant told us that he would be
c
"""'"
...J
m.:.ving by the end of July, t9'37. The .:urrent tenant is a
non-conforming use in the Office zone. Since we received
notice about the tenant's intentions, we have been reviewing
our plans with architects in preparation of submitting
applicatic~ for a building permit. We will not be able to
have a building permit application submitted by the time our
approvals expire.
The project has been diligently pursued in all reasonable
respects, as required by the City Code. The extension is in
the best interests of the community because the approval will
allow us to bring our property into a conforming zoning use
and avoid the expense to us and the expense to the City of
another GMQS application.
Going through the GMQS process was extremely expensive foy us
the first time. We do not believe that making us go through
the process again is in the best interests of the community.
Based on the foregoing, we hereby request a six month
extension of the GMQS allotments for the Cap's Auto property
at 210 North Mill Street. Please notify me if any additional
information in support of this application is required. Thank
you for you consideration and help.
~'
D. Stone Davis
President,. Draco,. Inc:..
-.
Pro ski racer John Buxman participated In fast week's Tache Pro-Am, a benel
the Aspen Valley Ski Club. Orll"..1ted by Mark Tache, an Aspen native and f~
Team member and pro racer, , his wife, Chrlst/n Cooper-Tache, an Olym,
Cup medalist, the event pairs world-<:Iass skiers with local skiers for races
year's event generated close to 590,000 for the AVSC, Michael Brands photo.
, ,
!
I
-- ~--_.
PLEASE TAKE NOTICE: That the Board of County (" RE: ASPEN COUNTRY INN REZONING. PUD. Copies 01 the lull text
Commissioners of Pitkin County, Colorado. will SUBDIVISION &: GMQS EXEMPTION FOR available lor public In5
consider the following Ordinance at 2:00 p.m. (or AFFORDABLE HOUSING office hours in the ?'
as soon therealter as the conduct at business \ NOTICE IS HEREBY GIVEN that a public Recorder, 530 E. Main
will allow) at the Board's regular meeting of hearing will be held on Tuesday, April 15, 1997 81611. Phone: (970) 920-5
April 9. 1997 at the Pitkin County Courthouse at a meeting to begin at 4:30 p.m. belore the P b h Jeanette Jone
Plaza. 530 East Main Street. First Floor, Aspen, Aspen Planning and Zoning Commission, Sister u lis ed In the Aspen T
Colorado 81611. All Interested parties are invited ,Citles Meeting Room, City Hall, 130 S. Galena St., PUBUC fI
to attend and be heard: <Aspen, to consider an application submitted by The annual tax ret
AN ORDINANCE OF TIfE BOARD OF COUNTY The Aspen/Pitkin Housing Authority requesting Foundation Is available
COMMISSIONERS OF PITKIN COUNTY, the following land use approvals: business hours by an'
COLORADO, AUTHORIZING EXECUTION OF . . Rezoningotthe property to AfH/POD inspection within ISO da'
VACANT LANDIFARM AND RANQf CONTRACT , . Consolidated Conceptual and Final PUD this notice. Barbara C
TO BUY AND SELL REAL ESTATE FOR THE I Review manager. Telephone: 97().~
HUMMINGBIRD LODE (THE AUSTER . Subdivision review to separate this property Creek Road, Aspen, C081.
PROPERTY) ORDINANCE._ SERIES OF "97 . ,.om the ""'''nd", 0' Ih. M..ooo C.... CI"b. Publl'hed In Th''''''''i
RECrr ALS I and to amend the approved Maroon Creek Club ~
1. The Voters of Pitkin County and the Pitkin I Subdivision Plat and Subdivision Agreement to PUBUC N(
County Board 01 County Commissioners permit the continued existence 01 the Aspen NOTICE IS HEREBY GM
established an Open Space and Trails Fund lor r Country Inn. County Commissioners. a
the purposes of preserving and developing . GMQS exemption for the development of on March 12, 1997, and
open space and trails resources In Pitkin I affordable housing units. pub."c hearing publi.sh
County. and established an Open Space and The property Is located at 38996 Highway 82. Edlllon of the Aspen TIm
Trails Board 01 Trustees to guide the ~or further informallon, contact Chris Bendon adopted the follOWing Res,
expenditure of those lunds. at the Aspen/Pitkin Community Development A RESOLlJ110N OF THE
2. The Open Space and Trails Board of Department. 130 S. Galena St., Aspen, CO (970) COMMISSiONERS OF
Trustees, has, on behall of the Board of County 920.5072. COLORADO, GRANTlN(
Commissioners, entered into a Contract with S/Sara Garton. Chair SUBMITTED BY ART PF
James and Merilee Auster, for purchase 01 real Aspen Planning and Zoning Commission TRUST AND 1990 C.D.P. T~
estate in Pitkin County, Colorado (the "Auster ubllshed in the Aspen Times March 29.1997. IN THE PITKIN COUNTY
Property"). GENERAL IMPROVEMENT D
3. The Auster Property constitutes signifICant PUBUC NOTICE COPies of the lull text 0.1 tr
unique and valuable open space, containing A public forum will be held at 12 noon, 43 are avculable .lor pUblIC.
wildlile habitat and important scenic and Monday, March 31, 1997 in the Mountain Valley am to 4:30 pm In the Ofll{
ecological features. and its acquisition will Conference Room, 700 Mount Soprls Drive. Recorder, 530 East Mal
provide for public access to the property and to Glenwood Springs, Colorado to receive input Colorado. 81611, telephone'.
lands of the United States Forest Service and Is and suggestion 01 Mountain Valley's multf.year Jeanette Jones. 1
reasonably priced. Further the pr~perty catchment area plans. Published in the Aspen Tim~
Qualifies lor purchase utilizing Open Space and The public is invited. PUBUC NOT
Trails funds under established acquisition Published In The Aspen Times March 29, 1997. NOTICE IS HEREBY GlVEJ\
criteria. Based upon these reasons. the Open PUBUC NonCE' , County Commissioners. at
Space and Trails Board of Trustees and the RE: CAP'S AUTO PROPERTY COMMERCIAL/ on September 3, 1996, and
Board ot County Commissioners desire to OFFICE GMQS AND VESTED RIGHTs EXTENSION-' public hearing published
approve the Contract and complete the NOTICE IS HEREBy GIVEN that a public hearing Edition of the Aspen Times.
purchase ofthe Auster property. will be held on Monday, April 14, 1997 at a adopted the following Ordlna
NOW THEREFORE BE IT ORDAINED by the AN ORDINANCE OF TIlE B(
Board of County Commissioners of Pitkin meeting to begin at 5;00 p.m. before the Aspen COMMISSIONERS OF pr
County, Colorado, that: City Council. City Council Chambers, City Hall, COLORADO. AMENDING TH
' 130 S. Galena St., Aspen, to consider an
I. The Board 01 County Commissioners of application submitted by Draco. Inc.. requesting~ THAT VACANT LAND CONTR
Pitkin County hereby grants approval for the approval for a six (6) month extension to their SEll REAL ESTATE DATED j
purchase 01 the Auster Property for open Space 994 GMQS (810\ BETWEEN PITKIN COUNTY
and trail purposes from James and Merilee _:1 a1lotmentlOrelght-hundredten,,~ STARPAKI'NERSHlP
Auster under the terms and conditions . square feet of net leasable area. CMQS exemption Copies at the lull text of the
provfded In the Real Estate Contract. for the project's two on-site affordable housing U are available for public inspe,
. units, and vested rights. The property Is locatedj
2. The Contract calls for the purchase of at 210 N. Mill Street. For further Information." to 4:30 pm in the Olllee 0
approximately 10 acres of property, more or .contact Mitch Haas al the Aspen/Pitkin, Recorder, 530 East Main
less, lor the sum of S2.600,000.00 in cash . Community Development Department, 130 Sf Colorado, 81611, telephone (9.
provfded at closing, scheduled for October J, GalenaSt., A.spen, CO (970) 920-5095. . JeanetteJones,Der
1997, unless the seller exercises its option to stjohn Bennett, Mayor, Aspen City Counci Published In the Aspen Times ..
extend the "..tn. da" '0 Jonu..y 2. 1998; th. 'Publl'hed In th.",... Tim", M..,h 29, 1997. TOWNOFSNOWMAss
,on'.." "koowled,e, 'hot 'h~ dlJ/..eo<o BJJJLDlNGAND PLANMNG [
between the cash due at clOSing and the PUBUC NOTICE ..
contract purchase price of $5,200.000.00 RE: COLORADO RiFF RAFT TEMPORARY USE NOTICE TO BIDD!
represents a bargain sale and charitable PERMIT The Town of Snowmass
donation by James and MerUee Auster because NOTICE IS HEREBY GIVEN that a public contractors 10 submit bids fa
the price is significantly lower than the listed hearing will be held on Monday, April 14, 1997 within the Town's landscape'
sale price; the contract Is conditioned upon the at a meeting to begin at 5:00 p.m. before the Crossings at Horse Ranch S1
County raising two thirds (2/3) 01 the Aspen City Council. City Coundl Chambers, City packages may be picke~ up
$2,600.000.00 cash due at closing (SI,734,OOIJ.OO) Hall, 130 S. Galena St., Aspen, to consider an Snowmass Village BUlldln
within ninety (90) days 01 the ollicial approval application submitted by L.J. Erspamer, Departmen!, 2nd "oor 01 the Sn
of the Contract from either the public or the Colorado Rill Raft, Inc., requesting approval for 0016 Kearn s Road, Snowmass 1
private sector or both' and the Contract a temporary use permit lrom May 1 to~ are to be delivered to the TOil>
provides an appraisal contingency which allows September 30 to use the parking lot on th~ Village, Building & Planning De
the County or the Austers to terminate the comer of Juan and Aspen Streets as a staging Box 5010, Snowmass Village, CO
Contract II an appraisal to be commissioned by area. for river raftIng operations. The property is to be submitted no later tha
the County indicates a current appraised value I<><:ated at Lots 7.12, BI<><:k 11, Eames Additlo Wednesday April 16, 1997. Qu<
of less than $4,500,000.00. For further Informallon, contact Chris Bendo addressed by calling (970) 921-51
3. The Board authorizes Its Chair and the at the Aspen/Pitkin Community ~elopmen Published In The Aspen Times :
Pllkfn County Cte.k ond Re'o.d.. '0. DeP""".nt. 130 S, G",o. St" "'pen. CO (970) NOTICE IS HEREBY GIVEN TO
."'pe<tjvely. ""ute 'h. R.., E",,, Con'..ct 92J>.50'o .n. 723. PVBUC; A' 'b.i. ..,uJ.. m,,'i'l
.nd ",oel'''d add,od.. .nd .ny .od all 'IJohn Benoell. M.yo.. "'pen CllyCo"n,U 1997. tbe Pllkln County Bo.
dO'nmen" oem...y '0 ,ompl". .he Publi'hed In 'h, "'peo Tim", M..,h 29.1997. Commlulonm .dopted Re,
transaction, subject to prior approval 01 the awarding one nOlHJletro resldenli,
'o.m 0' 'u'h do,"m.o', by tbe Co"nty PVBUC NOTICE "'o'meo'ond ....tin. IIl41 H."
Attorney's OffIce and upon recommendation ot PLEASE TAKE NOTICE.. Tb., 'he Bo..d 0' C 'S b .. d
approval 01 the Contract by the Open Space and onceptua u mISSIOn an S]
County Commissioners 01 Pitkin County, approval to Shelley Burke for a
T."" Bo..d 01 T..."",. ond "pon 'b. 'enn, Colo..do. ., It. ..,"I.. m"llo. on 13th dol' 01 =Ideo" 00 . ""'" I"'''ed .. I
ond,ond'"ooUctlorthtntheCoo".<t. Mmb. 1996, .nd alte.. duIY-'Oll'''' p"bll, 01 I.nd '"""d 10 'he North..
All interested parties are invited to attend and h." d '-th '" wi R I" O--tlon 3. TO-'h'.p 'So"th. Ra"
be heard: eou.ng,a op =.& eo 0 ng esou Ion: oX'C.... ..
Copies 01 the full text 01 the Ordinance are RESOLUTION OF THE BOARD OF COUNTY the 6th Prindpal Meridian and I
available for public Inspection from 8:30 a.m. to COMMISSIONERS OF PITKIN COUNTY, Quarter of Section 34, Township a
4:30 p.m. in the Oltice of the Clerk and Recorder. COLORADo, GRANnNG SUBDMSION GENERAl.. !6 Wes!. of the 6th Principal Me
530 East Main St~t. Suite 101, Aspen, Colorado SUBMISSION, PLANNED UNIT Di::VFI ClPUt"NT
QIJ':ll Dl.___""""nn ____
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,
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12 September 1996
Mr. Sunny Vann, AICP
Vann Associates
230 East Hopkins Avenue
Aspen, Colorado 81611
Re: Cap's Auto Supply GMQS Exemption and Allocation
Dear Sunny:
In response to your letter of 21 August 1996, Community Development staff have
confirmed that current land use approvals for Cap's Auto Supply allow the
owner/applicant to essentially tear down the existing building and to reconstruct the four
thousand four hundred twenty (4,420) square feet of net leasable area without having to
provide affordable housing or parking mitigation for the reconstructed floor area so long
as a portion of the existing building is retained and incorporated into the new building.
However, if the existing structure is to be razed or completely demolished, the
reconstructed floor area would then be considered newly constructed space, and
mitigation of affordable housing and parking would be required in accordance with
City regulations.
The owner/applicant of Cap's Auto Supply has also been granted via Ordinance 2-94, a
GMQS commercial allocation of eight hundred ten (810) square feet of net leasable area.
The GMQS allocation was awarded in conjunction with a GMQS exemption for two (2)
units, a studio and a one-bedroom unit, of deed restricted Category 2 housing to be
constructed on-site; and special review to pay cash-in-lieu of $45,000.00 for three (3)
parking spaces. Our confirmation of this approval is based upon development rights
granted to this project and does not necessarily reflect a current interpretation of
demolition or its relationship to mitigation requirements.
Current GMQS exemptions, allocations and approvals for the site specific development
plan are vested until 24 January 1997. An extension of the approvals may be applied for
in accordance with the Land Use Regulations, Section 26.102.080, Expiration of
Development, if a building permit is not obtained prior to the date of expiration.
Sincerely,
Dave Michaelson
Deputy Director
'_'~_______'_'W~'___~__'~
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VANN ASSOCIATES
Planning Consultants
~~-:.,'~,-.-.',..,
August 21, 1996
HAND DELIVERED
Mr. Dave Michaelson
Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Cap's Auto Property
Dear Dave:
The Cap's Auto property successfully competed in the City's 1993 commercial growth
management quota system competition. A GMQS allocation of eight hundred and
ten (810) square feet of additional net leasable area was awarded to the project. This
allocation was required in order to permit the construction of a new building for the
proposed Aspen Valley Bank, which was to have contained a total of five thousand
two hundred and thirty (5,230) square feet of net leasable area.
The various approvals which govern the development of the property are addressed in
Planning and Zoning Commission Resolution No. 93-33, City Council Resolution No.
94-3, and City Council Ordinance No. 94-2. The project's GMQS allocation and
vested rights will expire on or about February 28, 1997, which is three years from the
date of the adoption of Ordinance No. 94-2.
In connection with the approval, it was determined that the project was entitled to a
reconstruction credit of four thousand four hundred and twenty (4,420) square feet of
net leasable area based on the size of the existing Cap's building. Inasmuch as the
project was designed to incorporate a portion of the existing building's rear wall as
part of the new building, mitigation (Le., affordable housing, parking, etc.) for the
demolished net leasable area was not required. Mitigation, however, was proposed
and approved for the additional eight hundred and ten (810) square feet of net
leasable area which was the subject of the GMQS application.
The ability to avoid mitigation of the demolished net leasable area was based on the
retention of a portion of the existing building. As the enclosed letter to Leslie
Lamont indicates, precedence for this concept was first established with the redevel-
opment of the Gap building on Galena Street. The concept was also utilized in
connection with the Galena Plaza commercial GMQS application, a second project
for which I obtained approval in 1994.
230 East Hopkins Avenue. Aspen, Colorado 81611 .970/925-6958. Fax 970/920-9310
,
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-
---.J
Mr. Dave Michaelson
August 21, 1996
Page 2
At this point, it is unlikely that the Cap's project will proceed as originally proposed.
The building was specifically designed to accommodate a new bank which did not
materialize. While it is possible that someone may wish to amend the prior approval
to accommodate some other permitted use within the 0, Office, zone district, I
believe that it is more likely that the original applicant will simply renovate the
existing Cap's building.
Given the possibility of this scenario, I would like to confirm that the applicant may
demolish the existing building and reconstruct the previously approved four thousand
four hundred and twenty (4,420) square feet of net leasable area without mitigation,
provided that a portion of the existing building is retained and incorporated in the
new structure. I would appreciate it if you would provide me with a letter as to the
Planning Office's position with regard to this matter.
Should you have any questions, or require additional information, please do not
hesitate to call.
Yours truly,
SSOCIATES
cc: D. Stone Davis
c:\bus\city.ltr~tr32096.dm 1
.............
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VANN ASSOCIATES
Planning Consultants
September 10, 1993
HAND DELIVERED
Ms. Leslie Lamont
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Cap's Auto Supply 1993 Commercial GMQS Application
Dear Leslie:
The purpose of this letter is to confirm my understanding of two (2) issues which we
discussed at our September 1, 1993, pre-application conference regarding the Cap's
Auto Supply 1993 commercial GMQS application. The issues in question pertain to
the permissibility of operating a bank or financial institution in the 0, Office, zone
district, and the ability to substantially alter an existing structure without such
alteration being construed as demolition.
At our meeting, you confirmed that it is the staffs position that a bank is considered
to be a business and professional office, and as such is permitted by right within the
0, Office, zone district. The staffs position is based upon prior determinations by
the P&Z, and the City Council's approval of such facilities within the old Aspen
Savings and Loan building. Although the Aspen Savings and Loan building is
located within the NC, Neighborhood Commercial zone district, business and
professional offices are permitted within the NC zone subject to conditional use
approval. A bank: was also previously approved and operated as a conditional use in
the Truman Center building.
With respect to demolition, you also indicated that precedence exists for the
substantial alteration of an existing structure outside of the definition of demolition.
You specifically referenced the renovation of the old Sports Stalker building (I.e.,
The Gap building) in which, I believe, only various walls were left standing. You
also indicated that the so-called "fifty percent" rule regarding demolition applies only
to the City's multi-family housing replacement program.
As the Cap's Auto project is intended to accommodate the new Aspen Valley Bank,
and will involve significant alteration of the existing building, the above interpreta-
tions are obviously crucial to the success of our application. Should my understand-
230 East Hopkins Avenue' Aspen, Colorado 81611 . 303/925-6958' Fax 303/920-9310
fl""-'
'-
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J
Ms. Leslie Lamont
September 10, 1993
Page 2
ing of our discussions be in error, or if I have misrepresented your position in any
way, please do not hesitate to let me know.
Yours truly,
CIATES/
SV:cwv
cc: Kurt Adam
Leonard W. Oates, Esq.
Arthur C. Daily, Esq.
c:\bus\city.ltr~tr23193.1l1
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Vila..
MEMORANDUM
TO:
Mayor and Council
THRU:
Amy Margerum, City Manager
Stan Clauson, Community Development Director 5~L:tr.
Julie Ann Woods, Community Development Deputy Dl%or ~
Mitch Haas, planner*
April 14, 1996
THRU:
FROM:
DATE:
RE:
Cap's Auto Property Commercial/Office GMQS and Vested Rights
Extension Request - Second Reading of Ordinance 9, Series of 1997
SUMMARY: The owners/representatives of Draco, Inc. have requested a six (6) month extension
to their 1994 GMQS allotment for eight-hundred ten (810) square feet of net leasable area, their
GMQS exemption for the project's two on-site affordable housing units, and their vested rights.
This request would extend the allocation and the vested rights to August 28, 1997. The application
is attached as Exhibit A. Resolution Number 3, Series of 1994, which granted the GMQS
commercial/office development allotments, and Ordinance Number 2, Series of 1994, which
granted a GMQS exemption for the development of two (2) affordable housing units and vested
rights for a period ofthree (3) years, are included as Exhibits B and C, respectively.
Staff recommends approval of a six (6) month extension of the GMQS allocation and the GMQS
Exemption for the project's two on-site affordable housing units, with conditions. However, staff
also recommends denial of the applicant's request for extension of vested rights status.
APPLICANT: Draco, Inc., represented by Stone Davis
BACKGROUND: With the passing of Resolution Number 3, Series of 1994, the Aspen City
Council granted Cap's Auto Supply a development allotment of 810 square feet of net leasable
space from the 1993 commercial growth management quota. This GMQS allocation was due to
expire on January 28,1997.
Similarly, with the passing of Ordinance Number 2, Series of 1994, the Aspen City Council granted
Cap's Auto Supply a GMQS Exemption for two (2) affordable housing units to be located in the
redeveloped Cap's Auto Supply Building and vested rights for the Cap's Auto Supply site specific
1
development plan. This granting of a GMQS exemption and vested rights was due to expire on
February 28,1997.
On February 14, 1997, the applicant submitted a request for six (6) month extensions to the GMQS
allocation, the GMQS exemption, and the vested rights. City policy has been that if an application
for an extension is received before the expiration date of the vested rights, City Council will
consider the request as having been filed in a timely manner even though the matter is scheduled
for consideration by City Council after the expiration date.
The Water Department has an outstanding water service issue that it would like resolved at this
time. The original approval for the site now requesting an extension of its GMQS allotment and
vested rights was for a bank, which required a new four (4) inch water service line to be installed in
Mill Street in order to serve the project. Because of project timing and the fact that Mill Street was
being overlaid, the water fund paid $7800 to install this new service to avoid a new street cut in the
newly repaved street. This cost is the responsibility of the developer; thus, the Water Department
requests that any consideration of extending the development rights for this project address the
repayment ofthis cost.
STAFF COMMENTS:
Vested Rights Extension Request
Section 26.52.080 of the Municipal Code is the codification of the City of Aspen's vested rights
ordinance, and was patterned after the State statute (Sections 24-68-101, et seq., C.R.S.) on the
subject. Neither the State statute nor the City Land Use Code requires that vested rights be
extended beyond the original three (3) year period. Thus, neither the State statute nor the City Land
Use Code includes any standards by which an application for extension of vested rights must be
decided. In other words, the decision to approve or deny a request to extend vested rights is
entirely discretionary on the part of City Council.
Statutory vested rights were created by the State legislature in an attempt to balance the needs of
developers for some reliance on their development approvals and the needs of governmental
entities to amend their land use codes to meet changing circumstances in their jurisdictions. Thus,
once a developer obtains a site specific development plan and vested rights for the approvals, the
developer can be assured that, for three (3) years, any changes in land use laws and regulations will
not affect the approvals already obtained. At the expiration of the three (3) year period, the vested
rights expire, but the approvals do not (assuming all other conditions of approval have been met).
The developer is still entitled to develop hislher property, but must now comply with any new laws,
if any, adopted after the approval of the project.
In general, it is not in the best interests of the City to extend vested rights and thereby continue to
insulate a developer from any new land use regulations that would otherwise affect the proposed
2
project. If the Land Use Code has been amended in the intervening period of time, it must be
assumed that the amendment was adopted because it was in the interest of the City to do so. All
projects, unless protected during the three (3) year period of vesting, should be required to comply
with the new laws. Thus, the City Attorney and the Community Development Department
recommend that the request for extension of vested rights should not be granted unless the applicant
demonstrates clear and convincing reasons why an extension is necessary. Examples of such
reasons might include, but would not be limited to, a pending law suit which prevented the
applicant from proceeding with the approved plans, or the City somehow being responsible for any
delays. In addition to the applicant showing a valid reason for the delay, the applicant should be
required to dernonstrate that the community will benefit in some identifiable manner by the
granting of an extension. To date, the applicant has presented no such clear, convincing or
compelling reasons why an extension is necessary.
Extension Requests for the GMQS Allotment and Exemption
Section 26.1 02.080(A) of the Aspen 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 subrnitted 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 exemption have been complied with;
and
RESPONSE: All of the conditions of approval required addressing "prior to issuance of any
building permits" (see Exhibit C). The applicant has stated that all conditions applied to the project
will be complied with at the time of submission for a building permit. There were no conditions
imposed that could be met prior to applying for a building permit. On the other hand, the developer
was required to pay for the cost of water service line extensions necessitated by the proposed
development. While there was no condition stating that this needed to be done prior to building
permit application, it was assumed that the $7800 cost would be repaid by the time the GMQS
allotment, GMQS exemption, and vested rights had expired.
(b) Any improvements which were required to be installed by the applicant prior to
construction of the project have been installed; and
RESPONSE: No improvements were required to be installed before application for a building
permit. However, as explained above, a water line extension was required to serve the proposed
development, and due to timing-related issues and new street improvements, that water line was
3
installed at the Water Department's expense. The applicant is required to reimburse the Water
Department for the $7800 costs of that line extension.
(c) The project has been diligently pursued in all reasonable respects, and the extension is
in the best interest of the community.
RESPONSE: The applicant submits that, at the time of the approvals, the remodeled building was
going to be the home of a new national bank organized by local citizens. However, the bank
organizers never raised the capital to open the bank. The building is currently leased to Cap's Auto
Supply, and the lease expires on June 30, 1997. From April of 1996, when the lease started,
through January of 1997, the applicant believed that the current tenant was going to extend the lease
for five (5) more years with an option for two (2) more five-year periods; however, in January, the
tenant informed the applicant that he would be vacating by the end of July, 1997. The current
tenant is a non-conforming use in the Office zone.
Since receiving notice of the tenant's intention to vacate, the applicant has been reviewing their
plans with architects, in preparation of submitting a building permit application. However, the
applicant had not progressed far enough into the design of their plans to submit a building permit
application before the expiration of their approvals. The project has been diligently pursued in all
reasonable respects, as required by the code. The extension would be in the best interest of the
community because it would allow the use of the subject property to be brought into
conformity/compliance with the Office zone district, of which it is a part.
RECOMMENDATION: Staff recommends approval ofa six (6) month extension to the approval
of a development allotment of 810 square feet of net leasable space from the 1993 commercial
growth management quota, as granted via Resolution Number 3, Series of 1994. Staff further
recommends approval of a six (6) month extension to Council's granting of a GMQS Exemption
for the construction of two affordable housing units. The extensions would be subject to all
conditions outlined in Ordinance Number 2, Series of 1994.
Staff further recommends that, as a condition, the approvals granted by the Aspen City Council
shall be null and void unless the applicant pays a sum of $7800 to the Aspen Water Department
within two (2) weeks of approval of the requested extensions; a receipt from the Water Department
verifYing that the applicant has delivered payment of the required amount shall be submitted to the
Community Development Department before the approving ordinance is signed. The payment shall
constitute full reimbursement of the expenses incurred by the Water Department for the extension
of a four (4) inch water service line in Mill Street to serve the proposed development.
The six (6) month extension shall begin at the expiration date of Ordinance Number 2, Series of
1994, which is February 28,1997, and shall expire on August 28,1997.
4
-
Finally, staff recommends denial of the request for an extension of the vested rights for the Cap's
Auto Supply site specific development plan.
RECOMMENDED MOTION: "I move to approve Ordinance 9, Series of 1997, on second
reading. This Ordinance grants approval to the extension of the 1994 Commercial/Office GMQS
allotment for eight-hundred ten (810) square feet of net leasable area and the GMQS exemption for
the project's two on-site affordable housing units, with the conditions stated in the
'recommendation' section of the staff memo dated April 14, 1997; the extensions will expire on
August 28, 1997. The same Ordinance also denies the request for an extension of vested rights
status for Cap's Auto Supply."
CITY MANAGER'S COMMENTS:
EXHIBITS:
Exhibit A - Extension Request
Exhibit B - Resolution Number 3, Series of 1994
Exhibit C - Ordinance Number 2, Series of 1994
Exhibit D - Memo from City Attorney, John Worcester
Exhibit E - Letter from Wright & Adger, Law Partnership
5
( EXHIl3\T ~A'l
1
Dyaco, Inl:.
P. O. Box 8904
Aspen, Colorado 81612
February 14, 1997
Jul i e Ann Wcu:.ds
Aspen/Pitkin Community Development
130 South Galena Street
Aspen, Colorado 81611
RE: Cap's Auto Property Commercial GMQS Extension
Drace', Inc~ is the Clwney of 'l:;he Cap's Auto. prope'fty locEd;ed at
210 North Mill S.t.reet, Aspen, Cc,lorado. On February 28, 1'3'34
through final adoption of City Council Resolution 94-3 and
Ordinance 94-2, we we~e granted 810 square feet of net
leasable area and GMQS exemption for the projects's two
on-site affordable housing units.
The property was then as ~ow zoned Office and occupied by a
non-conforming use in a partial two-story structure of '~,882
square feet including 4,420 square feet of net leasable space.
As spelled I~ut in code section 26.100.100, to be granted an
extension we must make application 'that demonstrates to the
City Council that three .tems have been complied wit~ as
fi:,llows:
A. All conditions applied to the project will be complied
with at the time I~f submission for a building permit. I do
not believe that any conditions applied to the project require
compliance before submission for a permit.
B. All improvements required of the applicant will be
installed prior to receiving a building permit. I do not
believe that any improvements were required to be installed
before submission for a permit.
C. At the time of the approvals the remodeled building was
going to be the home of a new national bank organized by some
local citizens. The bank organizers never raised the capital
to open the bank. Currently the building is leased to Cap's
Auto Supply. That lease e'<pires c.n June 30, 1'397. Frc.m
April, 1996, when the current lease started, up until January,
1997, we thought that the current tenant was going to extend
the lease for five more years with an option for two more 5
year periods. In January the tenant told us that he would be
'J
moving by the end of July, 1997. The current tenant is a
non-conforming use in the Office zone. Since we received
notice about the tenant's intenti';)ns, we have been reviewing
our plans with architects in preparation of submitting
application for a building permit. We will not be able to
hav~ a building permit application submitted by the time our
approvals expire.
The project has been diligently pursued in all reasonable
respects, as required by the City Code. The extension is in
the best interests of the community because the approval will
allow us to bring our property into a conforming zoning use
and avoid the expense to us and the expense to the City of
another GMQS application.
Going through the GMQS process was extremely expensive for us
the first time. We do not believe 'that making us go thy'~ugh
the process again is in the best interests :~f the community"
Based on the foregoing, we hereby request a six jnonth
extension of the GMQS allotments for the Cap's Auto property
at 210 North Mill Street. Please notify me if ar1Y additional
infcq"mation in support; o-f this application is required~ Thank
you for you consideration and help.
D. S!:;.onl2 Da'li '5
Pr(.:sident 1 Draco, Inc ~
..,
l E.t#l8rT 'O,,}
Th.. C:;:t.cy 0:1: ....p.:n. :
:C:it"y A.~*o1"n.y'. Orne.- ,
lYIe~o~d~
TO:
Julie Ann Woods
FROM:
John P. Worcester, City Attorney ~
April 9, 1997
DATE:
RE:
Extension of Vested Rights
This is in response to your request that I offer my opinion on the standards that the Community
Developrnent Department should use in recommending to City Council approval or denial of
requests for extension of vested rights.
As you know, the City has adopted a vested rights ordinance (Section 26.52.080 of the
Municipal Code) which was patterned after the state statute on the subject, Sections 24-68-101, et
seq., C.R.S. Please note that neither the state statute nor the City Land Use Code requires that
vested rights be extended beyond the original three year period. Thus, neither the state statute
nor the City's Land Use Code includes any standards by which an application for an extension of
vested rights must be decided. In other words, the decision to approve or deny a request to
extend vested rights is entirely discretionary on the part of City Council.
In formulating a recommendation to Council, the Community Development staff should keep in
mind the following general principles. Statutory vested rights were created by the state
legislature in an attempt to balance the needs of developers for some reliance on their
development approvals and the needs of governmental entities to amend their land use codes to
meet changing circumstances in their jurisdictions. Thus, once a developer obtains a site specific
development plan and vested rights for the approvals, the developer can be assured that for three
years any changes in land use laws and regulations will not affect the approvals already obtained.
At the expiration of the three year period, the vested rights expire, but the approvals do not
(assuming all other conditions of approval have been met). The developer is still entitled to
develop his/her property, but must now comply with any new laws, if any, adopted after the
approval of the project.
I '1"b-e C:lCY o~ .I!I..pe...
,CiCy .l!l.1I;&.o..._e.,... O~tic.
As a general rule, it is not in the best interests of the City to extend vested rights and thereby
continue to insulate a developer from any new land use regulations that would otherwise affect
the proposed project. If the Land Use Code has been amended in the intervening period of time,
we must assume that the amendment was adopted because it was in the interest of the City to do
so. All projects, unless protected during the three year period of vesting, should be required to
comply with the new laws. Thus, my suggestion is that extension of vested rights should not be
recommended by the Community Development Department to City Council unless the applicant
can show some clear and convincing reason(s) why an extension is necessary. For example, a
law suit was filed which prevented the applicant from proceeding with the approved plans or the
City was somehow responsible for any delays. In addition to the applicant showing a valid reason
for the delay, the applicant should be required to show that the community will benefit in sorne
identifiable manner by the granting of an extension.
Finally, I should note that City Council may add conditions to the approval of an extension of
vested rights. Thus, under certain circumstances, even if the applicant cannot show a good
. reason for seeking an extension, it might still be in the City's interests to extend the vested rights
in return for the applicant agreeing to certain conditions to the extension.
If you have any questions regarding the above, please let me know.
cc: City Manager
Community Development Director
vestrgts.mem
2
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WRIGHT & ADGER
LAW PARTNERSHIP, LLP
201 NORTH MILL STREET. SUITE 106
ASPEN. COLORADO 81611
ASPEN TELEPHONE: 97D-925.5625
BASALT TELEPHONE: 970927-9090
FACSIMILE: 970925.5663
GARY A. WRIGHT, P.C.
ALLEN H. ADGER, P.C..
OF COUNSEL:
PHILlPJ. O'CONNELL'"
BRUCE B. McLARTY
. ALSO ADMITIED TO
TEXAS AND LOUISIANA BAR
.. ALSO ADMITTED TO
FLORIDA BAR
1 April 1997
Mitch Haas
Aspen Pitkin Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Caps Auto Property Commercial/Office
GMQS and Vested Rights Extension
Dear Sir:
I am writing on behalf of Deborah Wright the owner of Unit lH of the Jerome Professional
Building. She has authorized me to state that she believes that the extension of GMQS and Vested
Rights requested by the applicant is appropriate and consistent with the best interest of the
neighborhood. She is hopeful that this application is granted.
If you have questions or require additional information, please feel free to contact me.
Sincerely,
WRlGHT & ADGER, LLP
By: (~
Gary A. Wright
GAW:sc
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RESOLUTION NO. ~
(Series of 19~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
GRAllTING COMIIERCIAL/OFFICE DEVELOPMENT ALLOTMENTS IN THE OFFICE
ZONE DISTRICT FOR 1993 UNDER THE GROWTH HANAGEHENT QUOTA SYSTEM
WHEREAS, Article 8 of Chapter 24 of the Aspen Municipal Code
sets forth a growth management quota system governing new
development within the City of Aspen; and
WHEREAS, pursuant to Section 24-8-103.A.3.a. of the Aspen
Municipal Code, four (4,000) thousand square feet of new leasable
space is available for development allotment within the Office zone
district of the city on an annual basis; and
WHEREAS, Caps Auto Supply and Stape Limited Liability Company
have submitted applications requesting 810 square feet of net
leasable and 2,423 square feet of net leasable space respectively,
from the 1993 commerical quota for the Office zone district; and
WHEREAS, both applications were reviewed by the Planning
Director and forwarded to the Planning and Zoning commission; and
-
WHEREAS, the Planning and Zoning commission, at a duly noticed
public hearing on December 21, 1993, did evaluate the proposals and
accepted staff's score finding that the development proposals
exceeded the minimum score thresholds for combined and individual
score categories as required by Section 24-8-106.F. of the Aspen
Municipal Code; and
WHEREAS, Caps Auto Supply scored 32.25 points, and Stape
Limited Liability Company scored 27.91 points; and
WHEREAS, the Planning and Zoning Commission has recommended
that the Caps Auto Supply project be allocated a development
allotment of 810 square feet of net leasable area pursuant to
.,
commission Resolution #93-33; and
WHEREAS, the planning and Zoning commission has recommended
that the Stape Limited Liability Company project be allocated a
development allotment of 2,423 square feet of net leasable area
pursuant to Commission Resolution #93-32; and
WHEREAS, no challenges to the Planning and zoning Commission's
scoring have been submitted to the city council as allowed Under
section 24-8-106.1. of the Aspen Municipal Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
section 1:
In accordance with section 24-8-106.J. of the Aspen Municipal Code,
the Aspen City Council does hereby grant to the Caps Auto Supply
project a development allotment of 810 square feet of net leasable
space from the 1993 commerical growth management quota.
section 2:
In accordance with section 24-8-106.J. of the Aspen Municipal Code,
the Aspen City Council does hereby grant to the Stape Limited
Liability Company project a development allotment of 2,423 square
feet of net leasable space from the 1993 commerical growth
management quota.
section 3:
In accordance with section 24-8-108 of the Aspen Municipal Code,
the development allotments as awarded herein shall expire on the
day after the third anniversary of the date of approval of a site
specific development plan for the project as identified herein,
unless a building permit is obtained and the project is developed,
.
or unless an exemption from or an extension to the approval is
obtained.
Date: ~.A../ {J A!l dJ8
tl
, 1994'~ . ~
(7~-~
John Bennett, 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
367934 B-744
SILVIA DAVIS
P-632 03/16/94 11:07A PG 1 OF 4
PITKIN COUNTY CLERK & RECORDER
( EXIfU?lT "C"i
REC DOC
20.00
ORDINANCE NO. J.
(SERIES OF 1994)
AN ORDINANCE OF THE CITY OF ASPEN GRANTING GHQS EXEMPTION FOR
THE CONSTRUCTION OF TWO AFFORDABLE HOUSING UNITS FOR THE
CAP'S AUTO COKKERCIAL GHQS PROJECT AND GRANTING VESTED RIGHTS
FOR A PERIOD OF THREE YEARS FOR THE DEVELOPKENT LOCATED AT
210 N. HILL STREET (A METES AND BOUNDS PARCEL IN SECTION
7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.H.)
WHEREAS, pursuant to Section 24-8-l04(C) (1) (c) of the Aspen
Municipal Code, City Council may exempt deed restricted affordable
housing units from Growth Management Quota System (GMQS)
competition; and
WHEREAS, pursuant to Section 24-6-207 of the Aspen Municipal
Code, City Council may grant vesting of development rights for a
site specific development plan for a period of three years from the
date of final development plan approval; and
WHEREAS, Aspen Valley Bancshares, Inc. ("Applicant"), as
represented by Sunny Vann, submitted an application to the Planning_
Office requesting GMQS Exemption for the construction of two
affordable housing units in conjunction with a commercial GMQS
application; and
WHEREAS, Cap's Auto is zoned Office and affordable housing is
permitted use in this zone district; and
WHEREAS, the Planning and Zoning commission considered the
applicant's request at a public hearing on December 21, 1993, and
approved, in conjunction with growth management scoring, special
review to pay cash-in-lieu for three parking spaces as outlined in
Planning and Zoning commission Resolution 93-~; and
WHEREAS, the Commission voted 5-0 to recommend approval to
City Council the GMQS Exemption for the development of two deed
367934
8-744 P-633 03/16/94 11:07A PG 2
OF 4
Ordinance # , (Series 1994)
Page 2
restricted affordable housing units to the Category 2 income level
which consists of a studio and a one bedroom unit in the lower
level of the development.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1:
That it does hereby grant GMQS Exemption for two
Affordable Housing units to be located in the redeveloped Cap's
Auto Supply Building pursuant to Section 24-a-104(C) (1) (c) of the
Aspen Municipal Code.
Section 2:
The conditions of approval which apply to this GMQS
Exemption are:
1. The owner shall submit appropriate deed restrictions to the
Aspen/pitkin County Housing Authority for approval prior to
issuance of any building permits. The studio and one bedroom
units shall be restricted to Category 2 requirements. Upon
approval by the Housing Authority, the Owner shall record the
deed restrictions with the Pitkin County Clerk and Recorder's
Office.
2. Prior to issuance of any building permits for the property,
a copy of the recorded deed restrictions for the new dwelling
units must be forwarded to the Planning Office.
3. The applicant shall address the potential carbon monoxide/fume
problems of air quality in the affordable housing units to be
reviewed by the Environmental Health Department, prior to
issuance of any building permits.
4.
All material representations made by
application and during public meetings
Zoning Commission and City Council
conditions of approval, unless amended
the applicant in the
with the Planning and
shall be considered
by other conditions.
Section 3:
Pursuant to Section 24-6-207 of the Municipal Code,
367934
B-744 P-634 03/16/94 11:07A PG 3
OF 4
Ordinance # , (Series 1994)
Page 3
City Council does hereby grant the applicant vested rights for the
Cap's Auto Supply site specific development plan as follows:
1. The rights granted by the site specific development plan
approved by this Ordinance shall remain vested for three (3)
years from the date of final adoption specified below.
However, any failure to abide by the terms and conditions
attendant to this approval shall result in forfeiture of said
vested property rights. Failure to timely and property record
all plats and agreements as specified herein or in the
Municipal Code shall also result in the forfeiture of said
vested rights.
2. The approval granted hereby shall be subject to all rights of
referendum and judicial review.
3. Nothing in the approvals provided by this Ordinance shall
exempt the site specific development plan from subsequent
reviews and/or approvals required by this Ordinance or the
general rules, regulations or ordinances of the City provided
that such reviews or approvals are not inconsistent with the
approval granted and vested herein.
4. The establishment herein of a vested property right shall not
preclude the application of ordinances or regulations which
are general in nature and are applicable to all properties
subject to land use regulation by the City of Aspen, including
but not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regard, as a condition of this site
development approval, the developer shall abide by any and all
such building, fire, plumbing, electrical and mechanical
codes, unless an exemption therefrom is granted in writing.
section 4: The city Clerk shall cause notice of this Ordinance to
be published in a newspaper of general circulation within the City
of Aspen, no later than fourteen (14) days following final adoption
hereof. Such notice shall be given in the following form:
Notice is hereby given to the general public of the approval
of a site specific development plan, and the creation of a
vested property right pursuant to Title 24, Article 68,
Colorado Revised statutes, pertaining to the following
described property:
.
367934
B-744 P-635 03/16/94 11:07A PG 4
DF 4
Ordinance #__ (Series 1994)
Page 4
The property shall be described in the notice and appended to said
notice.
Section 5: A public hearing on the Ordinance shall be held on the
.c2i:... day of ~994 at 5:00 P.M. in the City Council
Chambers, Aspen City Hall, Aspen, Colorado. Fifteen (15) days
prior to the hearing a public notice of the hearing shall be
published in a newspaper of general circulation within the City of
Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the City Council of the City of Aspen on the ~~ day of (
1994.
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John ~ennett, Mayor
FINALLY, adopted, passed and approved this =,-8'
~994.
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~ athryn S . ~och,
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John Bennett, Mayor
12 September 1996
Mr. Sunny Vann, AICP
Vann Associates
230 East Hopkins Avenue
Aspen, Colorado 81611
Re: Cap's Auto Supply GMQS Exemption and Allocation
Dear Sunny:
In response to your letter of 21 August 1996, Community Development staff have
confirmed that current land use approvals for Cap's Auto Supply allow the
owner/applicant to essentially tear down the existing building and to reconstruct the four
thousand four hundred twenty (4,420) square feet of net leasable area without having to
provide affordable housing or parking mitigation for the reconstructed floor area so long
as a portion of the existing building is retained and incorporated into the new building.
However, if the existing structure is to be razed or completely demolished, the
reconstructed floor area would then be considered newly constructed space, and
mitigation of affordable housing and parking would be required in accordance with
City regulations.
The owner/applicant of Cap's Auto Supply has also been granted via Ordinance 2-94, a
GMQS commercial allocation of eight hundred ten (810) square feet of net leasable area.
The GMQS allocation was awarded in conjunction with a GMQS exemption for two (2)
units, a studio and a one-bedroom unit, of deed restricted Category 2 housing to be
constructed on-site; and special review to pay cash-in-Iieu of $45,000.00 for three (3)
parking spaces. Our confirmation of this approval is based upon development rights
granted to this project and does not necessarily reflect a current interpretation of
demolition or its relationship to mitigation requirements.
Current GMQS exemptions, allocations and approvals for the site specific development
plan are vested until 24 January 1997. An extension of the approvals may be applied for
in accordance with the Land Use Regulations, Section 26.102.080, Expiration of
Development, if a building permit is not obtained prior to the date of expiration.
Sincerely,
Dave Michaelson
Deputy Director
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P!ann:ng ':onsuitams
August 21, 1996
HAND DELIVERED
Mr. Dave Michaelson
Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Cap's Auto Property
Dear Dave:
The Cap's Auto property successfully competed in the City's 1993 commercial growth
management quota system competition. A GMQS allocation of eight hundred and
ten (810) square feet of additional net leasable area was awarded to the project. This
allocation was required in order to permit the construction of a new building for the
proposed Aspen Valley Bank, which was to have contained a total of five thousand
two hundred and thirty (5,230) square feet of net leasable area.
The various approvals which govern the development of the property are addressed in
Planning and Zoning Commission Resolution No. 93-33, City Council Resolution No.
94-3, and City Council Ordinance No. 94-2. The project's GMQS allocation and
vested rights will expire on or about February 28, 1997, which is three years from the
date of the adoption of Ordinance No. 94-2.
In connection with the approval, it was determined that the project was entitled to a
reconstruction credit of four thousand four hundred and twenty (4,420) square feet of
net leasable area based on the size of the existing Cap's building. Inasmuch as the
project was designed to incorporate a portion of the existing building's rear wali as
part of the new building, mitigation (i.e., affordable housing, parking, etc.) for the
demolished net leasable area was not required. Mitigation, however, was proposed
and approved for the additional eight hundred and ten (810) square feet of net
leasable area which was the subject of the GMQS application.
The ability to avoid mitigation of the demolished net leasable area was based on the
retention of a portion of the existing building. As the enclosed letter to Leslie
Lamont indicates, precedence for this concept was first established with the redevel-
opment of the Gap building on Galena Street. The concept was also utilized in
connection with the Galena Plaza commercial GMQS application, a second project
for which I obtained approval in 1994.
23C EJ.s:-iopki;is.J...verue ..::"S09";, ':::::cic~co :3 i 61 i . 37C/92S-;3958 . F3.x J7'"' ?2C-031O
Mr. Dave Michaelson
August 21, 1996
Page 2
At this point, it is unlikely that the Cap's project will proceed as originally proposed.
The building was specifically designed to accommodate a new bank which did not
materialize. While it is possible that someone may wish to amend the prior approval
to accommodate some other permitted use within the 0, Office, zone district, I
believe that it is more likely that the original applicant will simply renovate the
existing Cap's building.
Given the possibility of this scenario, I would like to confirm that the applicant may
demolish the existing building and reconstruct the previously approved four thousand
four hundred and twenty (4,420) square feet of net leasable area without mitigation,
provided that a portion of the existing building is retained and incorporated in the
new structure. I would appreciate it if you would provide me with a letter as to the
Planning Office's position with regard to this matter.
Should you have any questions, or require additional information, please do not
hesitate to call.
Yours truly,
,
,
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,
Sunny V~n, AICP
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SV: I
Enc~re
cc: D. Stone Davis
c:lbuslcity.ltrlltr32096.dm 1
V ANN ASSOCIATES
Planning Consultants
September 10, 1993
HAND DELIVERED
Ms. Leslie Lamont
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Cap's Auto Supply 1993 Commercial GMQS Application
Dear Leslie:
The purpose of this letter is to confirm my understanding of two (2) issues which we
discussed at our September 1, 1993, pre-application conference regarding the Cap's
Auto Supply 1993 commercial GMQS application. The issues in question penain to
the permissibility of operating a bank or financial institution in the 0, Office, zone
district, and the ability to substantially alter an existing structure without such
alteration being construed as demolition.
At our meeting, you confirmed that it is the staffs position that a bank is considered
to be a business and professional office, and as such is permitted by right within the
0, Office, zone district. The staffs position is based upon prior determinations by
the P&Z, and the City Council's approval of such facilities within the old Aspen
Savings and Loan building. Although the Aspen Savings and Loan building is
located within the NC, Neighborhood Commercial zone district, business and
professional offices are permitted within the NC zone subject to conditional use
approval. A bank was also previously approved and operated as a conditional use in
the Truman Center building.
With respect to demolition, you also indicated that precedence exists for the
substantial alteration of an existing structure outside of the definition of demolition.
You specifically referenced the renovation of the old Sports Stalker building (I.e.,
The Gap building) in which, I believe, only various walls were left standing. You
also indicated that the so-called "fifty percent" rule regarding demolition applies only
to the City's multi-family housing replacement program.
As the Cap's Auto project is intended to accommodate the new Aspen Valley Bank,
and will involve significant alteration of the existing building, the above interpreta-
tions are obviously crucial to the success of our application. Should my understand-
230 East Hopkins Avenue. Aspen. Colorado 81611 . 303/925-6958 . Fax 303/920-9310
.'.
,
Ms. Leslie Lamont
September 10,1993
Page 2
ing of our discussions be in error, or if I have misrepresented your position in any
way, please do not hesitate to let me know.
Yours truly,
CIATES/
SV:cwv
cc: Kurt Adam
Leonard W. Oates, Esq.
Arthur C. Daily, Esq.
c:\hus\city.ltr\Jtr23193.111
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