HomeMy WebLinkAboutcoa.lu.cu.225 N Mill St.Aspen Savings & Loan.A31-92//ff, 515
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 4 PARCEL ID AND CASE N
DATE COMPLETE: A31 -92 x ,77 3 7 - 07,3 - ° ° `�
STAFF MEMBER: KJ
PROJECT NAME: Aspen Savings & Loan Cond. Use /Sub. Exemption
Project Address: 225 North Mill, Aspen, CO 81611
Legal Address: D,E,F,G,H, & I
APPLICANT: Aspen Savings & Loan
Applicant Address: 225 North Mill, Aspen, CO 81611
REPRESENTATIVE: Sunny Vann /Vann Associates
Representative Address /Phone: 230 East Hopkins Ave.
Aspen, CO 81611 925 -6958
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AMOUNT PAID $1.914.00 NO. OF COPIES RECEIVED 3 PLAT 3
TYPE OF APPLICATION: 1 STEP: two 2 STEP:
P &Z Meeting Dat PUBLIC HEARING: YES NO
Mtn Bell School District
Parks Dept. Rocky Mtn NatGas
Holy Cross State HwyDept(GW)
Fire Marshall State HwyDept(GJ)
Building Inspector
Roaring Fork Other 4T>_LW
Energy Center �!
CC Meeting Date �Q / 3 PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
Planning Director Approval: Paid:,
Insubstantial Amendment or Exemption: Date:,
REFERRALS:
y City Attorney
City Engineer
Housing Dir.
Aspen Water
City Electric
Envir.Hlth.
Aspen Con.S.D
DATE REFERRED:
VESTED RIGHTS: YES NO
INITIALS:
FINAL ROUTING:
DATE ROUTED:
NITIAL
City Atty _X City Engineer Zoning _Env. Health
Housing _ Other
FILE STATUS AND LOCATION:
A w
ORDINANCE NO. 43
(SERIES OF 1992)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION
EXEMPTION FOR CONDOMINIUMIZATION AND VESTED RIGHTS FOR THE ASPEN
SAVINGS AND LOAN BUILDING, LOTS D,E,F,G,H, & I, BLOCK 78, TOWNSITE
OF ASPEN, COLORADO
WHEREAS, pursuant to Section 24 -7 -1007 of the Municipal Code,
condominiumization of an existing structure may be granted a
subdivision exemption by the City Council; and
WHEREAS, pursuant to Section 24 -6 -207 of the Municipal Code,
the City Council may grant vested rights status for a period of
three years upon adoption of a site specific development plan; and
WHEREAS, International Specialty Group, Inc. submitted an
application to the Planning Office for Conditional Use for business
and professional offices in the NC Neighborhood Commercial zone,
Insubstantial SPA (Specially Planned Area) Amendment for the
addition of an elevator /foyer, and Subdivision Exemption for
condominiumization for the Aspen Savings and Loan Building located
at 225 N. Mill Street; and
WHEREAS, the Applicant also requested vested rights approval
by ordinance for the approvals granted by the Planning Commission
and City Council; and
WHEREAS, the Engineering Department has reviewed the
application and made referral comments; and
WHEREAS, the Planning Commission reviewed and approved the
Conditional Use with conditions at a public hearing on June 2,
1992; and
WHEREAS, the Planning Office, having reviewed the application
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pursuant to Section 24 -7 -1007 and 24 -6 -207 and the referral
comments from the Engineering Department, recommends approval of
the condominiumization and vested rights for a period of three
years with conditions; and
WHEREAS, the Aspen City Council having considered the Planning
Office's recommendations for condominiumization and vested rights
does wish to grant the requested Subdivision Exemption for
condominiumization and vested rights for Subdivision Exemption,
Conditional Use, and GMQS Exemption for the Aspen Savings and Loan
Building.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1•
That is does hereby grant a Subdivision Exemption for
condominiumization of the Aspen Savings and Loan Building located
at 225 N. Mill Street.
Section 2•
The conditions of approval for the Subdivision Exemption are:
1) Prior to the issuance of any building permits on the parcel,
the existing metal rail fence in the alley needs to receive
an encroachment license or be removed.
2) Prior to issuing a building permit for any expansion of this
building or before doing any site reconstruction, a site
drainage plan prepared by a registered engineer in the State
of Colorado must be submitted to and approved by the City
Engineering Department.
PA
3) Prior to or concurrent with the issuance of any building
permits on the site, the driveway radii at the street need to
be reconstructed to be a minimum of 10' to facilitate safer
ingress /egress into the site. Any work in the public right-
of-way requires an excavation permit.
4) The Condominium Plat submitted for recordation with the Pitkin
County Clerk shall meet all Engineering Department
requirements.
5) A Subdivision Exemption Agreement shall be submitted and filed
concurrently with the Condominium Plat.
6) All material representations made by the applicant in the
application and during public meetings with the City Council
and the Planning and Zoning Commission shall be adhered to and
considered conditions of approval, unless otherwise amended
by other conditions.
Section 3•
Pursuant to Section 24 -6 -207 of the Municipal Code, City
Council does hereby grant the Applicant vested rights for the Aspen
Savings and Loan Building approvals 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 properly record
all plats and agreements as specified herein and or in the
3
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 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.
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 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 4
The City Clerk shall cause notice of this Ordinance to be
published in a newspaper of general circulations 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
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vested property right pursuant to Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following-
described property:
The property shall be described in the notice and appended to said
notice shall be the ordinance granting such approval.
Section 5•
That the City Clerk be and hereby is directed, upon the
adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
Section 6•
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 7•
This Ordinance shall not effect any existing litigation and
shall not operate as an abatement of any action or proceeding now
pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
Section 8•
A public hearing on the Ordinance shall be held on the l
day of 1992 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 in a
5
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 �i%ti day of
1992.
John tennett, Mayor
ATTEST: rx �
Kathryn 51 Koch, City Clerk
FINALLY, adopted, passed and approved this 13 day of
1992.
John B nnett, Mayor
ATTEST:
Kathryn 8 Koch, City Clerk
E
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE
APPROVAL OF A CONDITIONAL USE FOR BUSINESS AND PROFESSIONAL OFFICES
IN A NEIGHBORHOOD COMMERCIAL (NC) ZONE DISTRICT FOR THE ASPEN
SAVINGS AND LOAN BUILDING, LOCATED AT 225 N. MILL STREET (LOTS
D -I, BLOCK 78, TOWNSITE OF ASPEN)
Resolution No. 92 --
WHEREAS, in 1975 the Planning and Zoning Commission made the
determination that a financial institution is a business office
use; and
WHEREAS, the Aspen Savings and Loan has occupied 225 N. Mill
Street as a financial institution since the building's construction
in 1977; and
WHEREAS, International Specialty Group, Inc. as current owner
of the property, submitted an application for Conditional Use for
business and professional office use approval to clear up
ambiguities regarding the building's legitimate use for general
business and professional office uses; and
WHEREAS, the Planning Office received referral comments from
the Engineering Department; and
WHEREAS, in consideration of the application and the referral
comments from Engineering, the Planning Office recommended approval
of the Conditional Use for business and professional offices with
conditions; and
WHEREAS, at a public hearing held on June 2, 1992, the
Planning and Zoning Commission voted 5 -1 to approve (with
conditions) a Conditional Use for business and professional offices
in the Neighborhood Commercial (NC) zones.
NOW, THEREFORE BE IT RESOLVED by the Commission that a
Conditional Use is approved for business and professional offices
at the Aspen Savings and Loan Building in a Neighborhood Commercial
(NC) zone with the following conditions:
1) Prior to the issuance of any building permits on the parcel,
the existing metal rail fence in the alley needs to receive
an encroachment license or be removed.
2) Prior to issuing a building permit for any expansion of this
building or before doing any site reconstruction which changes
historic drainage, a site drainage plan prepared by a
registered engineer in the State of Colorado must be submitted
to and approved by the City_Engineering Department.
3) Prior to or concurrent with the issuance of any building
permits on the site, the driveway radii at the street need to
1
r .
be reconstructed to be a minimum of 10' to facilitate safer
ingress /egress into the site. Any work in the public right -
of -way requires an excavation permit.
4) All material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other
conditions.
APPROVED by the Commission at its regular meeting on June 2,
1992.
Jasmine Tygre, Chdik Jan q 6 rn6y, Deputy ity Clerk
I
MENNEN 9
V4 .4 : i I I 1
TO: Mayor and Council
THRU: Amy Margerum, City Manager
THRU: Diane Moore, City Planning Director
FROM: Kim Johnson, Planning
DATE: July 13, 1992 170
RE: Aspen Savings and Loan Building - Subdivision Exemption
for Condominiumization and Vested Rights - Second Reading
Ordinance 43, Series 1992
-----------------------------------------------------------------
SUMMARY: The Planning staff recommends approval and second reading
for subdivision exemption for condominiumization and vested rights
for the existing Aspen Savings and Loan Building located at 225 N.
Mill Street.
This request is being made in conjunction with an application for
conditional use approval for business and professional offices in
the NC Neighborhood Commercial zone and for Growth Management
Exemption by the Planning Director for the addition of an elevator.
The Planning Commission reviewed and approved with conditions the
conditional use request on June 2, 1992. The Planning Director is
currently reviewing the GMQS Exemption request.
PREVIOUS COUNCIL ACTION: First reading was passed on June 8, 1992.
BACKGROUND: The existing two -story building has approximately
9,210 s.f. of net leasable commercial area and historically housed
one occupant, the Aspen Savings and Loan Association.
Pursuant to Section 7 -1007 condominiumization of existing
developments is exempt from subdivision and shall be approved by
City Council. Condominiumization of an existing commercial
building as a subdivision exemption and vested rights are non -
discretionary actions by City Council. There are no review
standards or mitigation requirements contained within the Land Use
Code for condominiumization of commercial structures, however,
Engineering plat requirements must be met with the condominium plat
prior to recordation.
The applicant has also requested vested rights by ordinance for
three years for all elements of the proposal (conditional use, GMQS
Exemption, and condominiumization) pursuant to Section 24 -6 -207 of
the Municipal Code.
Complete referral comments from the Engineering Department are
attached as Exhibit "Big. Engineering requires changes to the
driveway design and attention to an encroaching fence which lies
in the alley.
CURRENT ISSUES: The Planning Office believes that there are no
outstanding issues with this request. The proposed ordinance lists
the following recommended conditions:
1) Prior to the issuance of any building permits on the parcel,
the existing metal rail fence in the alley needs to receive
an encroachment license or be removed.
2) Prior to issuing a building permit for any expansion of this
building or before doing any site reconstruction, a site
drainage plan prepared by a registered engineer in the State
of Colorado must be submitted to and approved by the City
Engineering Department.
3) Prior to or concurrent with the issuance of any building
permits on the site, the driveway radii at the street need to
be reconstructed to be a minimum of 10' to facilitate safer
ingress /egress into the site. Any work in the public right -
of -way requires an excavation permit.
4) The Condominium Plat submitted for recordation with the Pitkin
County Clerk shall meet all Engineering Department
requirements.
5) A Subdivision Exemption Agreement shall be submitted and filed
concurrently with the Condominium Plat.
6) All material representations made by the applicant in the
application and during public meetings with.the Planning and
Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other
conditions.
FINANCIAL IMPLICATIONS: None are anticipated.
RECOMMENDATION: The Planning recommends approval of
Ordinance 42, 1992 for condominiumization of the Aspen Savings and
Loan Building, including vested rights for approvals within this
application.
ALTERNATIVES: Council could deny the condominiumization request.
PROPOSED MOTION: "I move to have second reading of Ordinance 43,
Series 1992 approving condominiumization and vested rights for the
Aspen Savings and Loan Building."
CITY MANAGER COMMENTS:
Ordinance 43, 1992 Exhibit "A" - Engineering Referral memo
OA
zity Council s�dlildit�
rdi
19
—$ y MAY TT a
MEMORANDUM
To: Kim Johnson, Planning Office
From: Rob Thomson, Project Engineer, es V
Date: May 18, 1992
Re: Aspen Savings and Loan Conditional Use /Subdivision Exemption
Having reviewed the above application, and having made a site inspection, the
engineering department has the following comments:
1. Site drainage - one of the considerations of a development application for
conditional use is that there are adequate public facilities to service the use. One
public facility that is inadequate is the storm drainage system. Any new development
that changes historic storm runoff, i.e. by increasing impervious surfaces, must include a
drainage plan. It appears that this site has a drainage plan in that there is an existing
storm drain on site.
2. Condominiumization - the engineering department conceptually approves this
property for condominiumization. Final review is reserved for when the applicant
submits a condominium plat for approval.
3. Alley Block 78 - the alley to the south of the property, while undeveloped, is still a
public right -of -way. There is an existing metal railing/fence that needs to be recognized
by way of an encroachment license or be removed. Any future development in the
alley needs to be approved by the City of Aspen.
4. Driveway - in order to facilitate an easier and more importantly a safer way of
entering and exiting this property by motor vehicles, the applicant needs to provide
radius corners (minimum of 10 foot radius) on the north and south side of the
driveway. Please note that this was an engineering department condition of approval in
June of 1989 for this property and it was never done.
5. Excavation Permit - the applicant is advised that any work in the public right -of-
way requires an excavation permit.
6. Parking - the existing development does not meet the NC zone district requirement
for parking. The applicant has not demonstrated that the existing parking adequately
meets the needs of the existing use or the proposed conditional use. The applicant has
stated that since there is no expansion of the building is proposed, no additional
� ' J
parking spaces are required at this time, however depending on the final use of each
condominiumized space of the proposed conditional use, the parking needs could be
increased while no expansion has taken place.
Recommended Conditions of Approval
1. Prior to issuing a building permit for any expansion of this building or before doing
any site reconstruction, a site drainage plan must be submitted to the engineering
department prepared by a registered engineer, in the State of Colorado.
2. Prior to final inspection by the Building Department a condominium plat must be
submitted that meets all engineering department requirements and filed at the Clerk
and Recorder's Office of Pitkin County.
3. The improvements to the driveway must be shown on the building permit set of
drawings and completed prior to final inspection by the Building Department.
4. The existing development and or the proposed conditional use must meet the NC
zone district requirement for parking spaces.
cc Chuck Roth, City Engineer
ca Ioad42.011
I
TO: Bill Drueding
FROM: Kim Johnson
DATE: June 23, 1992
RE: Aspen Savings and Loan Building - Insubstantial SPA
Amendment for the Addition of an Elevator
------------------------------------------- --------------- - - ----
Summary: Planning Staff recommends Planning Director grant
Insubstantial SPA Amendment approval with conditions for the
addition of an elevator /foyer at the Aspen Savings and Loan
Building. Resulting from this approval, the applicant will record
a Final SPA Plan for this parcel which to date had been approved
but not recorded.
Applicant: International Specialty Group, Inc., represented by
Sunny Vann
Location: Please see Exhibit " A " for sketch of the building's
entry area and proposed elevator location.
Staff Comments:
The Planning Director may grant approval to insubstantial SPA
Amendments pursuant to Section 24-7 -804 E.1. When considering a
project, the following criteria shall not be considered
insubstantial:
1. A change in use or character
2. An increase in greater than 3% on the overall coverage of
structures on the land
3. Any substantial increase in trips generation or demand on
public facilities
4. Reduction by greater than 3% of approved open space
5. More than 1% reduction in parking
6. A reduction of required pavement widths or r.o.w. for streets
7. Greater than 2% increase of gross leasable floor area
8. Greater than 1% increase of residential density
9. Any change which is inconsistent with a condition or
representation of the original approval, or which requires
granting further variation from the project's approved
dimensional requirements.
The proposed entry area change and new elevator meets all of the
above criteria for insubstantial amendments. The proposed
additions fall within the existing building's footprint, so site
coverage and open space elements do not change. The proposed
elevator and foyer expansion represents an FAR increase of
approximately 324 s.f. on the first and second floors. The
existing 7,660 s.f. building is well below the allowable 1:1 FAR
on the 18,450 s.f. lot.
This new space is not considered net leasable area as it is common
corridor /access area. Neither parking numbers, trips generated,
nor rights -of -way are affected by the proposal. Residential
density does not apply to this commercial structure.
Recommendation: Staff recommends approval of the Aspen Savings and
Loan Insubstantial SPA Amendment for addition of 324 s.f. for an
elevator and foyer expansion with the following conditions:
1) Prior to the issuance of a building permit for the elevator,
the Applicant shall file an Final SPA Development Plan and SPA
Agreement. The Plan shall show the existing site improvements
and proposed elevator.
2) All material representations made by the applicant in the
application shall be adhered to and considered conditions of
approval, unless otherwise amended by other conditions.
I approve the Insubstantial SPA Amendment for the
addition of an elevator /foyer to the Aspen Savings and
Loan Building located at 225 N. Mill S reel w ith the
above conditions.
Di Moore, Plann g Director Date
Exhibits:
"A" - Plan of Proposed Elevator / Entry Area
2
Tf1 --, �4-
INTERIOR SPACE
PROPOSED ELEVATOR & LOBBY
L E E unt
HAGMAN YAW
ARCHITECTS
L m
210 SOUTH GALENA
ASPEN, COLORADO 81611 )
303/925 -2867
-I
TO Kim Johnson
From: Diane Moore
Postmark: Jun 08,92 8:
Status: Previously read
Subject: Reply to a reply:
--------------- ----- - - - ---
Reply text:
From Diane Moore:
I guess that makes sense
Sunny feel?
MESSAGE DISPLAY
36 AM
meetings of interest
Do you feel comfortable with it? How does
Preceding message:
From Kim Johnson:
OK. What I'll present is that staff is not inclined to do an SPA
review for parking because no building expansion is occurring, the
approved bank use is so similar to business use contemplated, and
that the history is so vague that staff cannot pinpoint exact reasons
for original parking reduction. These are the ideas we discussed
last Friday.
From Diane Moore:
Kim, I cannot make the meeting at 1:30 today with Sunny as I have
Roxanne "s evaluation scheduled. SO, keep me posted. Thanks
From Kim Johnson:
llam Mon., I have scheduled a meeting with Gideon& David McLaughlin
to discuss the Aspen Institute subdivision /tax implications. It
would be good if your calendar allowed you to sit in ... we'll probably
talk about the Meadows SPA and how their proposal might impact the
GMQS exemptions that everyone is so fired up about. Also, Gideon is
anxious to hear if this item will remain on 6/22 CC agenda so he can
inform Mr. McLaughlin. Other meeting: Sunny is coming in at 1:30
Monday to chat about Charlie Moss's plans and the whole SPA /parking
concern - where to go from here. A good place for Director's input?
Asp
Sunny Vann
Vann Associates
i,
en /Pit ing Office
130 treet
Asp 611
(303) 92 - 920 -5197
HAND DELIVERED June 10, 1992
RE: Broadcasting Station in the Aspen Savings and Loan Building
Dear Sunny,
Leslie Lamont and I met with City Planning Director Diane
Moore yesterday. We explained your suggestion for handling this
enigmatic situation as a Planning Director's interpretation that
a radio station is basically a business office use, with a follow -
up code amendment removing broadcast station from the C -1 zone.
We discussed the history of the land use regulations specific to
broadcast facilities and how technologies have changed. While not
totally disagreeing with your concept, Diane was very uncomfortable
with the proposal and indicated that she would not make an
interpretation of this sort. She based her decision on the fact
that the Code already has addressed broadcast facilities as
permitted uses in the C -1 zone. Your proposal is not therefore in
the interpretation "arena ".
The three of us agree that this type of use would be
appropriate in this specific location because of a radio station's
predominate office use character and the nature of the surrounding
commercial neighborhood. our suggestion is that you would reach
you desired goal through an SPA use variation allowed through a
Final SPA review process. You do have the option of applying for
an amendment to the Land Use Code to include "broadcast station"
as a permitted use in the NC zone. Either process is a two -step
review. Staff has already expressed to you our concern about the
City Council's sensitivity to privately sponsored code amendments.
I hope this clarifies the Planning office's position. If not,
please give me a call. I have one more suggestion: please have
Charlie Moss think of another name for his building. It has
definitely outlived its old one! Have a great day.
Sincerely,
im Johnson
Planner
A reccydedpaper
q 2� 5( 3
MEMORANDUM
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v"'
TO: Planning and Zoning Commission
FROM: Kim Johnson, Planning Office
RE: Aspen Savings and Loan Building Conditional Use for
Business and Professional Offices in the NC (Neighborhood
Commercial) Zone District
DATE: June 2, 1992
SUMMARY: Staff recommends approval of Conditional Use for business
and professional offices within the Aspen Savings and Loan Building
with conditions.
APPLICANT: International Specialty Group, Inc., represented by
Sunny Vann
LOCATION /IMPROVEMENTS: The 18,450 s.f. parcel is at 225 N. Mill
Street (Lots D -I, Block 78. Townsite of Aspen) . A two story
building of approximately 9,210 s.f. net leasable area is on site
with an FAR of 7 660 s.f. (the basement level constitutes net
leasable but not FOP . On -site parking consists of 17 spaces.
ZONING: NC (Neighborhood Commercial) with an SPA (Specially
Planned Area) overlay
APPLICANT'S REQUEST: The applicant is requesting from the P &Z
conditional use approval for business and professional offices in
the existing structure commonly known as the Aspen Savings and Loan
Building. The building had historically been used by the former
bank. The applicant also has requested Condominiumization and
Vested Rights which will be heard by City Council. Staff has also
determined that at. Insubstantial SPA Amendment must be processed
as a Planning Director's approval for the addition of an elevator
in the building's entry area. Please see application information,
Exhibit "A ".
PROCESS: A Conditional Use is a one -step review with a final
determination made by the Planning Commission.
REFERRAL COMMENTS: Rob Thomson of the Engineering Department has
submitted the following comments: (Please reference Exhibit "B"
for complete memo.)
1) Any changes to historic site drainage requires an updated
drainage plan.
2) Condominiumization is conceptually approved. Engineering shall
have final approval of the condominium plat when it is submitted
for review.
3) The existing metal rail fence in the alley needs to receive an
encroachment license or be removed.
4) The driveway radii at the street need to be reconstructed to be
a minimum of 10' to facilitate safer ingress /egress into the site.
This was an Engineering condition of a 6/89 review for this
property and was never done.
5) Any work in the public right -of -way requires an tion
permit. /f ■ e
6) Parking on site does not meet NC zone requirements. vor•a
STAFF COMMENTS:
Project History_ In July 1975, the P &Z determined that financial
institutions should be considered business and professional
offices. An application was reviewed by P &Z based on this
determination in July of 1976. The item was tabled twice in
following weeks for continued staff research and the opportunity
for the applicant to submit a specific site plan. According to the
application, the P &Z never reconsidered this conditional use.
However, during the first half of 1977, P &Z and City Council
reviewed and approved with conditions an application for SPA
review. The approval conditions did not require recordation of an
SPA plan and no record of one exists in the Engineering Department.
Construction appears to have commenced in early or mid 1977.
In 1989, the Planning Director approved a Growth Management
Exemption for the construction of a vault in the basement of the
building. Later in the same year, P &Z approved a second exemption
for the addition of approximately 320 sq.ft. of office space on the
ground level of the building.
By virtue of the numerous reviews by the Planning Director, P &Z and
City Council, this site and its historical use as a financial
institution has been condoned by the City. It is unknown why no
documented approval of business and professional offices exists in
the official records. The intent of this application is to
formally legitimize this category of use for this site.
Additionally, since a Final SPA Plan had not been filed when the
building was constructed, approval of this application will result
in the recordation of the existing site development and will be a
basis for future SPA reviews.
Neighborhood Commercial Zone District. This entire application
seeks to provide condominiumized spaces for business and
professional offices. As previously mentioned, the City Council
will consider the condominiumization portion of the application.
The Commission has the authority to review and approve development
applications for conditional uses pursuant to the standards of
Section 7 -304:
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive Plan,
and with the intent of the Zone District in which it is
proposed to be located.
RESPONSE: The 1973 Land Use Plan depicts this parcel as "Limited
Industrial" and the adjacent land to the north as "Neighborhood
Commercial ". Zoning of the site and the vicinity to the north is
NC Neighborhood Commercial. To the south, O office zoning is in
place. Staff believes the requested conditional use is consistent
with the vicinity's zoning, the Aspen Area Comprehensive Plan, and
the historical use of the parcel.
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed for
development and surrounding land uses, or enhances the mixture
of complimentary uses and activities in the immediate vicinity
of the parcel proposed for development.
RESPONSE: This use is compatible with the other office uses in the
adjacent Jerome Professional Building to the south and with the
Trueman commercial complex (Clark's market et al.) to the north.
C. The location, size, design and operating characteristics of
the proposed conditional use minimizes adverse effects,
including visual impacts, impacts on pedestrian and vehicular
circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties.
RESPONSE: The proposed conditional use will not change the
intensity of use beyond the previous bank use of the property, thus
no changes to trash service needs, pedestrian or vehicular traffic
will result. The application as submitted does not propos
structural /visual changes other than the addition of the ele or 3(
which will be considered by the Planning Director rosed GMQS
Exemption. Although Engineering states that the non-
conforming with respect to parking (the Code requires s for
this structure), there is no net leasable expansion p which
would tr igger the requirement of additional parking spaces. This
site is across Mill St. from the Rio Grande Parking Garage which
will be a convenience for both customers and employees. No other
significant impacts are anticipated.
D. There are adequate public facilities and services to serve the
conditional use including but not limited to roads, potable
water, sewer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services,
drainage systems, and schools.
3
RESPONSE: All public facilities are all ready in place for the
existing neighborhood. Engineering requires the driveway radii to
be reconfigured for safer ingress /egress.
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use.
RESPONSE: Since there is no proposed expansion of net leasable
area with this conditional use request, an employee housing
requirement is not initiated. The application notes that the
employee generation calculation of 19 persons using the Housing
Guidelines are actually less than the previous bank's average
employment of 35 persons.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan
and by all other applicable requirements of this chapter.
RESPONSE: As mentioned in response to criteria A, this use
complies with the Aspen Area Comprehensive Plan, the surrounding
land uses, and the intent of the NC zone district.
STAFF RECOMMENDATIONS: The Planning Office recommends approval of
Conditional Use for business and }rofessional offices in the NC
zone with the following condition:.;.
1) Prior to the issuance of any building permits on the parcel,
the existing metal rail fence in the alley needs to receive
an encroachment license or be removed. �y
2) Prior to issuing a building permit for any expansion of this
building or before doing any site reconstruction, a site
drainage plan prepared by a registered engineer in the State
of Colorado must be submitted to and approved by the City
Engineering Department.
3) Prior to or concurrent with the issuance of any building
permits on the site, the driveway radii at the street need to
be reconstructed to be a minimum of 10' to facilitate safer
ingress /egress into the site. Any work in the public right -
of -way requires an excavation permit.
4) All material representations made by the applicant in the
application and during public meetings with the Planning and
zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other
conditions.
" A " - Application and Site Plan
"B" - Engineering Referral Memo asla.cu.memo
4
PLANNING & ZONING COMKioSION ^
EXHIBIT RE APPROVED
19 BY RESOLUTION
VANN ASSOCIATES
April 14, 1992
HAND DELIVERED
Ms. Kim Johnson
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Aspen Savings and Loan Building Conditional Use /Subdivision Exemption
Application
Dear Kim:
Please consider this letter an application for conditional use and condominiumization
approval for the Aspen Savings and Loan building which is located at 225 North Mill
Street in the City of Aspen (see Exhibit 1, Pre - Application Conference Summary,
attached hereto). An insubstantial amendment to the property's prior specially planned
area (SPA) approval may also be required. Vested property rights status is requested for
all approvals granted pursuant to this application.
The application is submitted pursuant to Sections 7 -305, 7- 804.E.1. and 7- 1003.A.3. of
the Land Use Regulations by International Specialty Group, Inc., the owner of the
property (see Exhibit 2, Title Commitment). The Applicant's representative is Sunny
Vann of Vann Associates, Inc. (see Exhibit 3, Permission to Represent).
Background
I have reviewed the land use files in the City Clerk's office which pertain to the Aspen
Savings and Loan Association (ASI.A) property, and the minutes of the Planning and
Zoning Commission and the City Council related thereto, to determine the approval
history of the existing ASILA building (see Exhibit 4, miscellaneous Planning Office
Memorandums and P &Z/City Council Minutes). Based on my research, it appears that
the ASIA approached the City in June of 1976 regarding their prospective purchase of
the so- called "Bennett" property, and their desire to construct and operate a financial
institution thereon.
The property in question was zoned NC, Neighborhood Commercial, Specially Planned
Area. While financial institutions were neither a permitted or conditional use in this
zone district, the Planning and Zoning Commission had previously determined in July of
1975 that such uses should be considered business and professional offices. Since
-Asp, c Colorado 81611 • 303 925- 6958 - Fax 303 92C ?3' i'
Ms. Kim Johnson
April 14, 1992
Page 2
business offices were permitted as a conditional use in the NC zone district, the Planning
Office processed the ASLA's request as an application for conditional use approval.
The application was reviewed by the P &Z on July 20, 1976. While the Planning Office
recommended that the ASLA be approved as a conditional use in the NC zone district,
the application was tabled until the next meeting to permit the staff to review the
consistency of the proposal with other existing and proposed land uses in the immediate
site area. The P &Z reviewed the application again on July 27, 1976. The application,
however, was tabled a second time, apparently because no specific site plan for the
property had been submitted by the ASLA.
The P &Z's minutes reflect no further consideration of the ASLA's original conditional
use application. The land use files, however, indicate that an application for SPA ap-
proval was submitted to the Planning Office by the ASIA in January of 1977. The
application was reviewed by the P &Z on January 18 and February 15, 1977. The P &Z
recommended approval of the SPA application subject to various conditions. The City
Council approved the application on April 11, 1977, subject to the conditions recom-
mended by the P &Z. The conditions contain no reference to the recordation of a SPA
plan, and no such plan has been located in the Engineering Department's files. The
construction of the building is believed to have begun in the spring or summer of 1977.
On May 15, 1989, The Planning Director granted a growth management quota system
exemption pursuant to Section 8 -104.A l.d. of the Regulations to the ASIA for the con-
struction of a vault in the basement of the building. On July 5, 1989, the P &Z approved
a second exemption request for a small office addition to the building's ground floor.
The addition, which contained approximately three hundred and twenty (320) square
feet, was approved pursuant to Section 8- 104.B.1.a. of the Regulations. Both the vault
and the ground floor office addition were subsequently constructed.
It should be noted that the Planning Office's memorandum to the P &Z regarding the
ASLA's requested office addition erroneously referred to the property as being zoned O,
Office, as opposed to NC, Neighborhood Commercial. There is also no reference to the
ASLA building's prior SPA approval. While it is unclear as to why no formal conditional
use approval appears to have been granted to the ASLA, the Planning Office's support
of this approval is clearly documented in the City Clerk's records, as is the P &Z's prior
determination that a financial institution constituted a business and professional office.
The City Council granted SPA approval to the building, and two separate expansions of
the use were subsequently approved by the Planning Office and the P &Z.
Project Site
As the accompanying improvement survey illustrates, the Aspen Savings and Loan
property consists primarily of Lots D, E, F, G, H and I, Block 78, City and Townsite of
Aspen. The property also contains an adjoining triangular parcel of land which is part of
Tract A of the Aspen Townsite Addition. The property contains approximately eighteen
Ms. Kim Johnson
April 14, 1992
Page 3
thousand four hundred and fifty (18,450) square feet of land area, including the adjoin-
ing triangular parcel. The property's NC, Neighborhood Commercial, Specially Planned
Area, zoning classification remains unchanged.
Existing man -made improvements to the ASLA property include a two (2) story brick
building and a paved parking area. As Table 1 below indicates, the existing building
contains approximately seven thousand six hundred and sixty (7,660) square feet of floor
area. The building's net leasable square footage, however, totals approximately nine
thousand two hundred and ten (9,210) square feet. These figures are based on takeoffs
prepared by Hagman Yaw Architects, and are depicted on the architectural floor plans
which accompany this application. Approximately seventeen (17) parking spaces are
presently provided on -site.
As the survey and title commitment indicate, the property is encumbered by a fifteen
(15) foot utility easement and a portion of a sixteen (16) foot access easement. The
utility easement was granted to the City by the ASLA for the installation and mainte-
nance of underground electric cables. The access easement was granted to the adjacent
Trueman property for the installation of a water line and use as a fire lane. A similar
easement was granted to the ASIA by the owner of the Trueman property for access
purposes. The survey also depicts a temporary construction easement which was granted
to the City for the reconstruction of Mill Street.
Table 1
DEVELOPMENT DATA
1.
Total Site Area (Sq. Ft.)
18,450
2.
Maximum Allowable Floor Area'
16,970
@ 1:1 (Sq. Ft.)
3.
Existing Floor Area (Sq. Ft.)'
7,660
Basement'
None
Ground Floor
4,710
Second Floor
2,950
4.
Existing Net Leasable Area (Sq. Ft.)
9,210
Basement
2,860
Ground Floor
3,930
Second Floor
2,420
5.
Minimum Required Parking @ 4 Spaces/
32
1,000 Sq. Ft. Net Leasable
Ms. Kim Johnson
April 14, 1992
Page 4
6. Existing Parking Spaces 17
Excludes approximately 1,480 square feet of land area encumbered by an access
easement.
All numbers rounded to the nearest ten (10) square feet.
The basement is located one hundred (100) percent below grade.
Proposed Development
The Applicant proposes to condominiumize the existing building, and to sell and/or lease
the condominium spaces for business and professional office use. It is also possible that
a financial institution may again occupy the building. No expansion of the building's
existing net leasable square footage is anticipated at this time. The interior of the
building, however, will most likely be remodeled, depending upon the individual needs of
the new tenants. Any future expansion of the building will comply with the requirements
of the Land Use Regulations in effect at such time as an application is submitted.
As the floor plan on the following page illustrates, the Applicant would like to install an
elevator in the existing entry area to the building. The elevator will enhance the
functionality of the building by providing improved tenant access, thereby improving both
circulation and safety. While the installation of the proposed elevator will result in a
slight increase in floor area, the building's total floor area will remain significantly below
that which is allowed. No increase in net leasable area will occur, as the elevator is used
solely for circulation purposes.
Review Requirements
The Applicant's proposed development is subject to the receipt of conditional use
approval by the Planning and Zoning Commission and condominiumization approval
from the City Council. Each of these review requirements is addressed below.
1. Conditional Use Review
Business and professional offices are permitted as conditional uses in the NC,
Neighborhood Commercial, zone district. As a financial institution has previously been
determined to constitute a business and professional office, approval of the Applicant's
conditional use application should also permit a bank to reoccupy the existing building.
The specific review criteria for conditional uses are contained in Section 7 -304 of the
Regulations. The proposed development's compliance with these criteria is summarized
as follows.
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INTERIOR SPACE
PROPOSED ELEVATOR & LOBBY
�rmll
HAGMAN YAW
ARCHITECTS
LTD
210 SOUTH GALENA
ASPEN, COLORADO 81611 }
303/925 -2867
Ms. Kim Johnson
April 14, 1992
Page 5
a) "The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of
the Zone District in which it is proposed to be located."
The 1973 Aspen Land Use Plan depicts the ASLA property, and the
immediate site area, as being within the "Limited Industrial" land use category. The area
immediately north of the property, however, is also designated as "Neighborhood
Commercial ". The ASLA property, and the Trueman property to the north, are zoned
NC, Neighborhood Commercial. The area located immediately south of the property is
zoned O, Office. The proposed development is consistent with the purpose of the NC
zone district, and with the historical use of the ASLA property.
b) "The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed for development and sur-
rounding land uses, or enhances the mixture of complimentary uses and activities in the
vicinity of the parcel proposed for development."
The proposed development is consistent and compatible with existing land
uses in the immediate site area. The Trueman neighborhood commercial complex, and
the Jerome Professional building, are located immediately north and south of the
property, respectively. These two structures contain a variety of commercial and office
uses which are both consistent and compatible with the Applicant's proposed develop-
ment.
C) "The location, size, design and operating characteristics of the
proposed conditional use minimizes adverse effects, including visual impacts, impacts on
pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations
and odor on surrounding properties."
The proposed development will have no adverse impacts on surrounding
properties, as the operational characteristics of the proposed business and professional
office use will be similar to those of the prior banking operation. As no expansion of the
existing building is proposed at this time, no adverse visual impacts are anticipated. The
building's existing trash service area, and pedestrian and vehicular circulation, are
adequate to serve the proposed use.
With respect to parking, approximately thirty-two (32) on -site spaces
would theoretically be required to serve the existing building. However, as no expansion
of the building is proposed, no additional parking is required at this time. The proper-
ty's existing seventeen (17) on -site spaces were apparently adequate to serve the AS"
and are also believed to be sufficient to meet the needs of the proposed conditional use.
Additional public parking is conveniently located immediately across Mill Street in the
City's Rio Grande parking garage.
Ms. Kim Johnson
April 14, 1992
Page 6
d) "There are adequate public facilities and services to serve the
conditional use including but not limited to roads, potable water, sewer, solid waste,
parks, police, fire protection, emergency medical services, hospital and medical services,
drainage systems, and schools."
All utilities and the public road system are adequate to serve the pro-
posed conditional use. Given the nature of the use, no adverse impact on such public
facilities as hospitals, schools, etc. is anticipated.
e) "The Applicants commit to supply affordable housing to meet the
incremental need for increased employees generated by the condition use."
As no increase in the building's net leasable square footage is proposed,
no affordable housing mitigation is required at this time. In fact, it should be noted that
the existing building's theoretical employee generation is less than the historical employ-
ment level of the prior ASLA operation. Based on the Housing Authority's Neighbor-
hood Commercial employee generation factor of 2.3 employees per one thousand square
feet of net leasable area, the existing building would theoretically generate approximately
nineteen (19) employees. As Exhibit 5, ASLA Employment History, indicates, the Aspen
Savings and Loan Association's average annual employment between 1985 and 1989 was
approximately thirty-five (35) employees.
f) "The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan and by all other
applicable requirements of this chapter."
As discussed under criteria a), the proposed conditional use is consistent
with existing land uses in the immediate site area and the purpose of the underlying zone
district. The existing building's compliance with the dimensional requirements of the NC
zone district was established pursuant to specially planned area review. The Applicant is
aware of no other standards or review requirements which pertain to the proposed
conditional use.
2. Condominiumization
Pursuant to Section 7- 1007.A. of the Regulations, the condominiumization of an
existing commercial building is subject only to the receipt of City Council approval and
the recordation of a condominium plat and declaration which meets the requirements of
the City's Engineering Department. No impact fee is required for the condominiumiza-
tion of commercial structures. The Applicant will submit a condominium plat and
declaration for review by the Engineering Department upon receipt of conditional use
and condominiumization approval. The plat and declaration will be recorded with the
Pitkin County Clerk and Recorder's office prior to the conveyance of any individual
condominiumized spaces.
Ms. Kim Johnson
April 14, 1992
Page 7
3. Specially Planned Area
As no expansion of the existing building is proposed, there is arguably no
requirement to amend the Aspen Savings and Loan Association's original SPA approval.
However, should the Planning Office feel that an amendment is required as a result of
the Applicant's proposed development, Section 7- 804.E.1. of the Regulations appears to
provide an appropriate approach. Essentially, this section provides for the Planning
Director's approval of an insubstantial amendment to an approved SPA, provided that
the character and impacts of the development are minimal. As the Applicant's proposed
conditional use appears to fall within the specified review criteria, the Planning Directo-
r's approval should be sufficient to demonstrate compliance with the City's SPA regulato-
ry requirements.
4. Vested Property Rights
In order to preserve the land use approvals which may be obtained as a result of
this application, the Applicant hereby requests vested property rights status pursuant to
the provisions of Section 6 -207 of the Land Use Regulations. It is understood by the
Applicant that, to establish such status, final approval of the proposed development
must be granted by ordinance of the City Council. It is also the Applicant's understand-
ing that no specific submission requirements, or review criteria other than a public
hearing, are required to confer such status.
Should you have any questions, or require additional information, please do not hesitate
to call.
Very truly yours
VANN ASSOCIATES, INC.
c:\bu
SV:cwv
Attachments
Pi 9ING & ZONING COMMISSION
EXHIBIT w � r APPROVED r
19 BY RESOLUTION
MAY 1 8
MEMORANDUM
To: Kim Johnson, Planning Office
From: Rob Thomson, Project Enginee �5 i
Date: May 18, 1992
Re: Aspen Savings and Loan Conditional Use /Subdivision Exemption
Having reviewed the above application, and having made a site inspection, the
engineering department has the following comments:
1. Site drainage - one of the considerations of a development application for
conditional use is that there are adequate public facilities to service the use. One
public facility that is inadequate is the storm drainage system. Any new development
that changes historic storm runoff, i.e. by increasing impervious surfaces, must include a
drainage plan. It appears that this site has a drainage plan in that there is an existing
storm drain on site.
2. Condominiumization - the engineering department conceptually approves this
property for condominiumization. Final review is reserved for when the applicant
submits a condominium plat for approval.
3. Alley Block 78 - the alley to the south of the property, while undeveloped, is still a
public right -of -way. There is an existing metal railing/fence that needs to be recognized
by way of an encroachment license or be removed. Any future development in the
alley needs to be approved by the City of Aspen.
4. Driveway - in order to facilitate an easier and more importantly a safer way of
entering and exiting this property by motor vehicles, the applicant needs to provide
radius corners (minimum of 10 foot radius) on the north and south side of the
driveway. Please note that this was an engineering department condition of approval in
June of 1989 for this property and it was never done.
5. Excavation Permit - the applicant is advised that any work in the public right -of-
way requires an excavation permit.
6. Parking - the existing development does not meet the NC zone district requirement
for parking. The applicant has not demonstrated that the existing parking adequately
meets the needs of the existing use or the proposed conditional use. The applicant has
stated that since there is no expansion of the building is proposed, no additional
parking spaces are required at this time, however depending on the final use of each
condominiumized space of the proposed conditional use, the parking needs could be
increased while no expansion has taken place.
Recommended Conditions of Approval
1. Prior to issuing a building permit for any expansion of this building or before doing
any site reconstruction, a site drainage plan must be submitted to the engineering
department prepared by a registered engineer, in the State of Colorado.
2. Prior to final inspection by the Building Department a condominium plat must be
submitted that meets all engineering department requirements and filed at the Clerk
and Recorder's Office of Pitkin County.
3. The improvements to the driveway must be shown on the building permit set of
drawings and completed prior to final inspection by the BUilding Department.
4. The existing development and or the proposed conditional use must meet the NC
zone district requirement for parking spaces.
cc Chuck Roth, City Engineer
wse.01011
April 15, 1992
HAND DELIVERED
Ms. Kim Johnson
Aspen /Pitkin Planning Office
130 South Galena Street
Aspen, CO 81611
RE: Permission to Represent
Dear Ms. Johnson:
THE INTERNATIONAL
S P E C I A L T Y G R O U P
99 P. \cmc STREET. SUITE IOOC
MONTEREY. CALIFORN(A 9]9 {O
41)8/618 -8080 • F..x 408 ;648 -9088
Please consider this letter authorization for Sunny Vann of Vanr
Associates, Planning Consultants, to represent us in the
processing of our application for conditional use review and
condominiumization approval for the Aspen Savings and Loan
building which is located at 225 North Mill Street. Mr. Vann is
hereby authorized to act on our behalf with respect to all
matters reasonable pertaining to the aforementioned application.
Should you have any questions, or if we can be of any further
assistance, please do not hesitate to call.
Sincerely,
sher
and CEO
GCM /mc
PUBLIC NOTICE TO ADJACENT PROPERTY OWNERS
RE: ASPEN SAVINGS & LOAN BUILDING CONDITIONAL USE /SUBDIVISION
EXEMPTION
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, June 2, 1992 at a meeting to begin at 4:30 pm before the
Aspen Planning & Zoning Commission, 2nd floor Meeting Room, 130
South Galena Street, Aspen, Colorado to consider an application
submitted by Sunny Vann, 230 E. Hopkins, Aspen, CO 81611,
requesting a conditional use for business and professional office
use. This application will then go on to City Council for
condominiumization approval. No expansion of the building's
existing net leasable square footage is anticipated. Property
location: 225 N. Mill.
For further information, contact Kim Johnson at the Aspen/
Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920 -5090.
s /Jasmine Tygre, Chairman
Planning and Zoning Commission
John LaSalle
530 E. Main Street, 1st Floor
Aspen, CO. 81611
RE: Aspen Savings and Loan Building Inquiry
Dear John,
July 25, 1991
I've studied the land use regulations and have the following
information to answer your letter received today. Regarding your
first question, if an expansion were to occur which would require
additional parking, the entire structure would have to be brought
into compliance for parking. However, because of the SPA overlay,
you could request a variation to parking requirements. Located as
close to the parking garage as the building is, this option seems
very possible. The building occupants would need to consider
implementing an employee parking policy. A request for amendment
to the current SPA Plan (including a parking variation) would be
heard by the Planning Commission and the City Council.
In response to your second question, the cash -in -lieu amount
per parking space is $15,000. A fractional parking space would
require a corresponding fraction of this amount. However, the Code
does not allow for cash payments for parking in the NC zone. This
leads you back to the SPA variation process described earlier.
I hope this information is helpful
you have further questions.
Sincerely,
Please give me a call if
Kim Johnson
Planner
-,
CITY OF ASPEN
/� PRE- APPLICATION CONFE CE SUMMARY
�
PROJECT: Tl ` l/It sv_ C x:w
OWNER'S NAME:
Type of Application:
2. Describe
development being requested:
00/9Z
EXHIBIT 1
'f1 1� V
3.
Areas is which
Applicant hat. been
requested to respond,
types of reports
requested:
Policy Area/
Referral Agent
Comments
4.
Review is: (P &Z
Only) (CC 5 Only ,
i
(P &Z then to CC) pZ-
S
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/
5.
Public Hearing:
(YES (NO)
6.
Number of copies
of the application
to be submitted: (J
to
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7.
What fee was applicant requested
submit:
o
a..t;n;rntaA Anita
of submission:
9. CO NTS /UN QUE C CERNS
frm.pre_ app
APPLICANT'S REPRESENTATIVE: / y�
REPRESENTATIVE'S PHONE: � 6 15'6
ALTA OWNER'S POLICY — A 6.90
' " �EXHIBIT 2
POLICY OF TITLE INSURANCE ISSUED BY
STEWART TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas
corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not
exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title; _
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only
to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its
duly authorized officers as of the Date of Policy shown in Schedule A.
5 STENVAK TITLE
. GUARANTY C OMPANY
Chairman of the Board
Countersigned: -. .
vy ss' r0 TLE
p µPa
Authoriz dSignatory C.O *R4
' }� ° •, 1808
Company s=''c _',
City, State
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay toss or carnage, costs, attorneys tees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or
hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a
part, or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a
notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been
recorded in the public records of Date of Policy. ! :111 W' 11pW
(b) Any governmentol police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien
or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records of Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to
the Company by the insured claimant prior to the dote the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Dote of Policy; or
(e) resulting in loss or damage which would not hove been sustained if the insured claimant hod paid value for the estate or interest insured by this
policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of
federal bankruptcy, state insolvency, or similar creditors' rights laws.
om (x... 1 69I
S C H E D U L E A
ORDER NO.: 00018659 POLICY NO.: 0- 9981- 107337
DATE OF POLICY: December 16, 1991 at 11:35 A.M.
AMOUNT OF INSURANCE: $ 1,650,000.00 ✓
1. NAME OF INSURED:
THE INTERNATIONAL SPECIALTY GROUP, INC., AN INDIANA
CORPORATION
2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS
POLICY IS:
Fee Simple
3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
THE INTERNATIONAL SPECIALTY GROUP, INC., AN INDIANA
CORPORATION
4. THE LAND REFERRED TO IN THIS POLICY IS IN THE STATE OF
COLORADO, COUNTY OF PITKIN, AND IS DESCRIBED AS FOLLOWS:
SEE LEGAL DESCRIPTION ATTACHED HERETO & MADE A PART HEREOF.
Stewart Title of Aspen, Inc.
602 E. Hyman
Aspen, CO 81611
303 - 925 -3577
AUT RIZED
SIGNATURE
STEM ART TITLE
GUARANTY COMPANY
1
S C H E D U L E B
POLICY NO.: 0- 9981- 107337
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE
COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH
ARISE BY REASON OF:
1. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE
PUBLIC RECORDS.
2. EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE PUBLIC
RECORDS.
3. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN
AREA, ENCROACHMENTS, AND ANY FACTS WHICH A CORRECT SURVEY
AND INSPECTION OF THE PREMISES WOULD DISCLOSE AND WHICH ARE
NOT SHOWN BY THE PUBLIC RECORDS.
4. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR
MATERIAL HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW
AND NOT SHOWN BY THE PUBLIC RECORDS.
5. UNPATENTED MINING CLAIMS; WATER RIGHTS, CLAIMS OR TITLE TO
WATER.
6. ANY AND ALL UNPAID TAXES AND ASSESSMENTS AND ANY UNREDEEMED
TAX SALES.
7. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER
CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER
DISTRICT OR INCLUSIONS IN ANY WATER SERVICE OR STREET
IMPROVEMENT AREA.
8. Exceptions and reservations as set forth in the Act authorizing
the issuance of the Patent for the City and Townsite of Aspen
recorded March 1, 1897 in Book 139 at Page 216 as Reception No.
60156.
9. Right of way for ditches or canals constructed by the authority
of the United States, as reserved in United States Patent
recorded in Book 185 at Page 69.
10. Terms, conditions, obligations, restrictions and easements as
set forth in Agreement, Grant of Easements and Conveyance of
Real Property recorded March 7, 1977 in Book 325 at Page 520 as
Reception No. 192507.
11. Easement for utility purposes granted to the City of Aspen,
recorded September 1, 1978 in Book 354 at Page 07 as Reception
No. 207009.
Continued on next page
STEAVART TITLE
GUARANTY COMPANY
1 ,
ATTACHED TO AND MADE A PART OF
STEWART TITLE GUARANTY COMPANY POLICY NO.: 0- 9981 - 107337
CONTINUATION OF SCHEDULE B
12. Terms, conditions and obligations as set forth in Construction
Agreement with the City of Aspen recorded June 13, 1980 in Book
390 at Page 137 as Reception No. 224839.
STENVART TITLE
GUARANTY COMPANY
SCHEDULE A
PROPERTY DESCRIPTION
ORDER NO: 00018659
All of Lots D, E, F, G, H and I in Block 78 of the City and
Townsite of Aspen according to the Official Plat recorded as
Reception No. 109023 in Drawer 3. Together with an adjoining
triangular parcel of land being part of Tract A of the Aspen
Townsite Addition in Section 7, Township 10 South, Range 84 West
of the Sixth Principal Meridian, more particularly described as
follows:
Beginning at a point where line 4 -5 of the City and Townsite
intersects with the Easterly line of Block 78 as it runs along
the Westerly line of Mill Street; thence Northwesterly along
said line 4 -5 of Aspen 185, more or less to the intersection of
line 4 -5 with the Northerly line of Block 78 as it runs along
the Southerly line of Hallam Street; thence Easterly along the
projected said Northerly line of Block 78, 155 feet, more or
less, to the projected Northeasterly corner of Block 78; thence
Southerly along the Easterly line of Block 78 as it is
projected along the Westerly side of Mill Street 100 feet more
or less to the point of beginning.
EXCEPT any portion of said triangular parcel lying South of the
Southerly boundary line of Lots A through I, Block 78, extended
Easterly to Mill Street.
TRACT II
A parcel of land situated in the SW 114 of Section 7, Township
10 South, Range 84 West of the 6th Principal Meridian, Pitkin
County, Colorado. Said parcel is more fully described as
follows:
Beginning at a point on the westerly line of the Mill Street
right -of -way whence the West 114 corner of said Section 7 bears
N 26 degrees 39 minutes 14 seconds W 1724.04 feet; thence S 20
degrees 16 minutes 00 seconds W 86.72 feet; thence N 14 degrees
50 minutes 49 seconds E 86.33 feet along the easterly line of
Block 78, City of Aspen, thence S 75 degrees 09 minutes 11
seconds E 8.19 feet to the point of beginning.
EXCEPT any portion thereof being a part of the right -of -way for
Mill Street.
TRACT III
A perpetual non - exclusive easement and right of way for purposes
Continued on next page
STENVART TITLE
GUARANTY COMPANY
1
SCHEDULE A
PROPERTY DESCRIPTION CONTINUED
ORDER NO. 00018659
PROPERTY DESCRIPTION CONTINUED
of ingress and egress over the following described real
property:
A parcel of land situated in the SW 114 of Section 7, Township
10 South, Range 84 West of the 6th Principal Meridian, Pitkin
County, Colorado. Said parcel is more fully described as
follows:
Beginning at the point of intersection of line 4 -5 of the Aspen
Townsite with the Northerly line of Block 78, City of Aspen,
whence the West 114 corner of said Section 7 bears N 22 degrees
15 minutes 02 seconds W 1618.85 feet. Thence S 75 degrees 09
minutes 11 seconds E 157.76 feet along the Northerly line of
Block 78, City of Aspen; thence N 69 degrees 44 minutes 00
seconds W 157.05 feet; thence S 20 degrees 16 minutes 00
seconds W 14.90 feet to the Point of Beginning.
TRACT IV
A trail easement situated in the SW 114 Section 7, Township 10
South, Range 84 West of the 6th Principal Meridian, Pitkin
County, Colorado, being 5 feet each side of the following
described centerline.
Beginning at a point on the line between Lot 1 and Lot 2 of the
Trueman Neighborhood Commercial Project, whence the West 114
corner of said Section 7 bears N 24 degrees 33 minutes 28
seconds W 1355.04 feet; thence S 05 degrees 00 minutes 00
seconds W 30.00 feet; thence 82.61 feet around a curve to the
left having a radius of 400.00 feet; thence S 06 degrees 50
minutes 00 seconds E 73.00 feet; thence 54.02 feet around a
curve to the left having a radius of 49.00 feet; thence S 70
degrees 00 minutes 00 seconds E 25.00 feet; thence 15.71 feet
around a curve to the right having a radius of 15.00 feet;
thence S 10 degrees 00 minutes 00 seconds E 28.48 feet to a
point on the North line of Block 78, City of Aspen, Colorado.
County of Pitkin, State of Colorado
STENVART TITLE
GUARANTY COMPANY
P. O. BOX 2121 • Aspen, Colorado 81611 • (303) 925- 1474 -5
Planning and Zoning Commission
City of Aspen
Aspen, Colorado 81611
Gentlemen:
PRD / eav
Enclosure
Aspen Savings is presently under contract to purchase Lots D,E,
F,G,H and I, Block 78, City of Aspen. This land is being pur-
chased for the purpose of constructing a building in which to
conduct our business.
This project is presently being planned, and we'd hope to con-
struct it next summer; in the meantime, it's essential that we
secure approval for such a business use. We note that the site
is zoned neighborhood commercial, and therefore, we'd like to
apply for a permitted use designation for the operation of a
Savings and Loan Association.
We feel that such a use is eminently compatible with the stated
objectives of NC Zoning. Most significant is that 99% of our
customers are full time Aspen residents, exactly the kind of peo-
ple who will be patronizing the grocery store and post office
slated for the adjacent property. Also, the subject site is just
one block from the First National Bank, and two blocks from the
Bank of Aspen, which would tend to create a natural financial core,
which in turn could be a factor in decreasing resident traffic con-
centration in the core area.
We are enclosing the names and addresses of the neighboring prop-
erty owners within a 300 foot radius, as is required by law.
Thank you for considering our request
any questions you may have.
Sincerely,
Patrick R. Dalrym e
Executive Vice President
n Ec! - tA �.
June 22, 1976 EXHIBIT 4
We'll be happy to answer
,.r or' C r
I5� s��7
DEPOSITS INSURED BY THE FEDERAL SAVINGS 8 LOAN INSURANCE CORPORATION
MEMORANDUM
-a
TO: Aspen Planning Commission
FROM: Planning Staff (HC)
RE: Conditional Use - Financial Institution (Aspen Savings &
Loan) in Neighborhood /Commercial Zone
DATE: July 16, 1976
This is a public hearing to consider the request by Aspen Savings
& Loan for the conditional use of a Financial Institution in the
Neighborhood /Commercial zone located on Lots D, E, F, G, H and I
of Block 78, Aspen, which is more generally known as the "Bennett"
property immediately south of the Trueman grocery store. The property
is zoned N/C with a Specially Planned District overlay zone. Business
and professions o ices area owe as a con i Iona use in the
N/C zone. It is the opinion of the Planning Office upon examining
the P & Z minutes of the July 1, 1975 meeting that the P & Z has
determined that a financial institution is a business office. Therefore
we have advised the applicant to apply for conditional use approval.
The comments of the Planning Office are as follows:
The zoning contiguous to the south boundary of this
property is 0- Office. The Aspen Savings & Loan
has previously received approval as a conditional
use in the Office zone (without drive -up window)
at the Park Central East Building site.
We agree with the applicants that this site is well
located vis a vis other neighborhood and banking
facilities, i.e., the proposed grocery store, and
post office, the First National Bank and the Bank
of Aspen. This would encourage a one -stop local shopping
service.
We have certain concerns regarding vehicle and oedestrain
access planning for the site, therefore we wish to
reserve these considerations for review upon submittal
of a plan for the site pursuant to the S.P.A. require-
ments.
We cannot encourage drive -up window facility to facilitate
automobile use of the facility.
The Planning Office recommends approval of the conditional use request
conditioned upon the above considerations.
xo=lt douse. ne expreS5e1 1v11 Ci 11 UVe1 C ♦,CaYY a - - 1L
i the neighborhood, and said was considering converting
i_ into a residential duplex.
Collins concurred with Hunt that it would be creating a tra
fic problem by having two day care centers in the same gen-
eral area. Collins stated however that it might be com-
patible, depending partly on what would be considered later
regarding the future of the Agate Lodge. Clark commented
that he had looked forward to the public hearing to see
whether there was any feeling among the public as to the
negative effect. It had not occurred among the residents o
the neighborhood. Hunt wanted to know if the conditional
use could be limited to the present applicant, and not al-
low the right to continue with the property should the ap-
plicant leave. Hal said that the use was applied to the
property and not to the applicant.
There was some question as to the expiration of the con-
ditional use permit. Hal said this would have to be clar-
ified with the City Attorney. Hunt suggested getting le-
gal advice before taking action; Collins asked that the
public hearing be continued and the issue tabled, until the
City Attorney could be consulted. Hunt moved,-Abbott sec-
onded. All in favor, motion carried.
Chairman Collins continued the items of the rest of the
agenda until the next meeting. Collins also read the tw
letters into the record. There were no other comments fry
the audience. Convisor stated that his purpose in attend-
ing the meeting was merely to receive some word from P &Z
to go ahead and purchase the property, with the understand
ing that Aspen Savings and Loan would go along with the
Planning Office to build a suitable, appropriate building.
Collins asked that the public hearing be continued so the
use could be looked at in terms of other uses near the
property. He thought it best to have some sort of plan
to look at before a decision was made. Hunt moved to
continue the public hearing and to table action until the
next meeting. Kienast seconded. All in favor, motion
carried.
-3-
Conditional Use for Aspen Savings and Loan in N/C Zone
Aspen Savings and Loan
adjacent to the Trueman Property.
Aspen Savings and Loan was represented by Michael Convisor.
Hal Clark referred to the letter in the packet fromPat
2
Dalrymple, Executive Vice President of Aspen Savings and
Loan. The recommendations of the Planning Office follow:
First, the N/C Zone is north of the office zone, behind
the Jerome. Secondly, Aspen Savings and Loan had previous-
ly received approval as a conditional use in the O Zone
in the Park Central East Building, and at that time it wa:
without a drive -up window. Clark agreed that it was an ap-
propriate use of space. His concerns about the site were
reserved for the time of application for SBA approval.
Thirdly, Clark recommended that a drive -up window not be
a part of the plans.
Two letters were received; one from F. DuPont Cornelius,
Letters
the other from Joan Light, 219 N. Monarch, Aspen.
Chairman Collins continued the items of the rest of the
agenda until the next meeting. Collins also read the tw
letters into the record. There were no other comments fry
the audience. Convisor stated that his purpose in attend-
ing the meeting was merely to receive some word from P &Z
to go ahead and purchase the property, with the understand
ing that Aspen Savings and Loan would go along with the
Planning Office to build a suitable, appropriate building.
Collins asked that the public hearing be continued so the
use could be looked at in terms of other uses near the
property. He thought it best to have some sort of plan
to look at before a decision was made. Hunt moved to
continue the public hearing and to table action until the
next meeting. Kienast seconded. All in favor, motion
carried.
-3-
I , ,
-.
Planning and Zoning Meeting July 20, 1976
Hal Clark set the following public hearings: Historic
Schedule of Public designation of Arthur's Restaurant -- August 17; Historic
Hearings designation of the Coolidge Residence -- August 17; Prelim-
inary Plat for the Tailings Subdivision -- August 3; Prelim-
inary Plat fpr the'Aspen Main Subdivision -- August 3; Pre-
liminary Plat for the Hyman Street Victorians -- August 17.
Hunt moved to accept the public hearings as read, Hedstrom
seconded. All in favor, motion carried.
Clark reminded the Commission of the pending items before
the City Council on Monday, July 24. Six case items
from the Planning Office were on the agenda. They included
Final Plat for Black Swan Subdivision, Final Plat for the
Gaylord Subdivision, Final Plat for 651 Monarch Subdivisi
Conceptual Subdivision approval of Park Central West, Con-
ceptual Subdivision Approval for Aspen Main Subdivision,
and Weedum /Hyman.
Collins said it would be appropriate for P &Z to be repre-
sented at the Council Meeting. Collins also asked that
there be some discussion at the next meeting of Therese
David's request to move part of her business to her home
next door.
Dick Kienast moved to adjourn, Seconded by Hunt. All
in favor, Motion carried. Meeting adjourned at 7:09 P.M.
Margie ilson,
Secret y to Planning and Zoning
- -r - - -� _aac IC¢ W a6 d
five year one. She also add?O that until her present leas
up, she will be paying tF `rents. Keinast asked if
Gustafson would be willing to accept a conditional us
approval if the condition were attached that there be a on
year review on the use.
Clark pointed out the problem of remodeling the new fac-
ility.
Collins closed the public portion of the hearing.
Hunt moved to approve conditional use of the Gustafson
Motion to approve Child Care Facility at 735 W. Sleeker , noting the com-
ments of the Planning Office. This approval expires on
August 31, 1977, and anually thereafter for the purpose of
a re- hearing reviewing any changes in the impact on the
neighborhood. The hearing will be held in the month of
August anually. The purpose of the last condition is to
eliminate the possibility of proliferation of this type
of use in this neighborhood_ because of 49&F with
out satisfactory review. Olaf Hedstrom seconded. Hal
Clark said he thoughtthe Planning and Zoning Commission
Option to review could reserve the option to review without locking itself
into reviewing every year for the next thirty. Clark ales
corrected the address of the facility. It is 726 W. Slee-
ker. Chairman Collins said he would rather reserve the
option to review, rather than reviewing every year.
City'Attorney Stuller pointed out that the conditional use
approval was tied to the property, not the applicant. She
further stated that perhaps the commission would like to
condition the right of review on two conditions: change
of conditions in the neighborhood, and application for
another child care facility.
Collins suggested an amendment be made to the motion.
Amendment to Hunt amended the motion as follows: Upon the first annual
motion meeting the commission shall determine at what periods the
expiration will occur in the future. Further, this condi-
tional use is a suitable use in the neighborhood, and com-
plies with Section 24.3b of the Zoning Code. Hedstrom sec
onded. All in favor, motion approved.
Aspen Savings
and Loan- -cont.
Public Hearing
Hear
Marx xnzroaucea the item. This is a hearing to consider
the conditional use of the financial institution in the
N/C Zone , located on lots DEFGHI of Block 78, Aspen,
Colorado, more generally known as the Bennett property.
It is adjacent and south of the Trueman Grocery Store.
The approval is for a business office , rather than a pro-
fessional office building. The Planning Office recommends
approval of the application as long as the exclusion of a
drive -up window is part of the application. Michael Con -
visor was present to represent Aspen Savings and Loan.
He stated that all he wanted Planning and Zoning to do was
to determine if they would allow Aspen Savings and Loan to
operate on the site, and if so, they would go ahead and
buy the property.
City Attorney Stuller objected to the approach being used.
She stated it seemed that the applicant was trying to get
a guarantee before telling what the configuration of the
-3-
P .nning and Zoning Ju 27, 1976
site would be and how the use would be implemented in
the neighborhood. She suggested that if the commission
were to grant conditional use,it would have to be deter-
mined that the use is compatible with the surrounding uses
and the other uses in the area. Clark responded that there
is no site plan, and that the site is actually considered
a part of the Trueman Application. Stuller said that if
approval were given, it would be up to the Planning Office
to make sure that the use fits, and is compatible with the
neighborhood, puttin3Planning in an awkward position.
There was no way to tell at this point how many people are
to be serviced, how big it is, what the access routes are,
how parking will be accommodated, how all of these will im-
pact the residential neighborhood, etc.
Chairman Collins closed the public portion of the hearing.
Mr. Convisor said he did not mind going through the proper
process. AspenSavings and Loan is not interested in an
adversary relationship with the City, and is willing to
work with the Planning Office. Mr. Convisor also stated
he wants help from the Planning Department to solve any
compatability problems.
City Attorney Stuller said the uses in the Code are either
conditional or permitted. The Code tells the developer
that his use is compatible, depending on the specifics of
the development site. If the delveloper is trying to get
some general feeling that this particular use is an accep-
table one, the Code•dready says that. The conditional use
gives approval that the developer shouldn't have this early.
Chairman Collins asked how many square feet of land were
under-consideration. Convisor said there are 18,000 sq. ft
of land, 4500 to 6000 of which would be occupied by Aspen '
Savings and Loan. Convisor said he wants a clear under-
standing that Planning and Zoning will allow a savings and
loan to operate on the peoperty. Collins said that the
other uses in the area must be known before that decision
n,
could be made. Collins said that the more definitive in-
formation that was available, the more intelligent decisic
could be made. He suggested tabling any action until thi:
O f L
information was available. Collins entertained a motion
to table action. Michael McVoy suggested
buffer as a business, rather than a less appropriate use.
Hunt moved to table the item until further plans could be
Motion to Table
obtained. Keinast seconded. All in favor, motion carried.
Action
Brinkman Subdivision-- ReQUest for subdivision exemption
Brinkman Subdiv-
Hal Clark gave the recommendations from the Planning Office
ision -- request
Planning requests that the leasing provision be applied
for subdivision
to the applicant as a condition for the subdivision exemp-
exemption
tion, with a 6 month minimum leasing condition. Planning
had talked with the Parks Dept. regarding land dedication
as the open space dedication requiremant. The Parks Dept.
encouraged the developer to do this. The Planning Office
recommends that the dedication fee be the 436 sq. ft.
set aside as open space. Brooke Peterson was present to
represent the Brinkman Subdivision. He added that the own-
er had no objection to the dedication fee being in the forr
of land. The Commission discussed the plans with Mr.
Peterson.
Kane explained that the application is for the Aspen
Savings and Loan building, 9,720 sa. ft., 18,000 is
slightly over .5 FAR. The members reviewed theplans
with the applicant. The grade starting from the Jerome
all the way down to the Trueman property will raise
but since they are not certain of the amount the applicar
used estimates on the clans. Clarks concern had been
the lot shown as being depressed. Therefore, the planners
changed the three story proposal to a two story buidling.
There will be parking in the rear. Wells explained that
this building will house only Aspen Savings and Loan,
it will not have leased space. He feels that the parking
meets the needs of the key employees and customers.
The scale of the building was studied closely. The ex-
terior will be wood, and the construction conforms to
the new insulation code. McCarthy expalined how this
proposal will work in with the grocery and the bicycle
path down Mill street. Kane expressed a desire to organiz
the parking in such a way that it would be feasible to
park once and go to the Post Office and shopping.
There will be a 4 -5 ft. high enclosure on the roof of
the building to house mechanical equipment. Solar heating
has been considered for domestic water. There will be
a 10' wide easement with Trueman property. The natural
bank will be landscaped and possibly the electrical wires
APPROVAL OF MINUTES
Hunt moved to table the minutes of the last meeting
seconded by Hedstrom. All in favor, motion carried.
Hunt moved to add a request for subdivison exemption
by Stein - Thor - Jacobson to the agenda. Hedstrom seconded
with all in favor, motion carried.
OLD BUSINESS
A conditional use hearing on the Chocolate Soldier is
CHOCOLATE SOLDIER
being heard today. The members were presented with a
Public Hearing
floor plan of the proposed candy store anda letter from
John Kelliher was read. The Planning Office stated that
it has no problem with this application as long as there
will be no sit down serving. .If candy is put into a box
and sold then this would be acceptable. Collins opened
the public hearing, there were no comments so the hearing
was again closed.
Hunt moved to grant the conditional use to the Chocolate
Soldier with the stimulation that there be no sit down
serving and no food consumption. Isaac seconded this
NEW BUSINESS
motion, all in favor, motion carried.
ASPEN SAVINGS /LOAN
This is an application for Specially Planned Area
by Aspen Savings and Loan. Kane explained that no reg-
/0 �,7
ulation for commercial office space had been provided for
in the original draft of the Growth Management Plan.
By Council direction this was included. Until a specific
plan for control of the NC and Cl districts Kane felt
this project should be considered. This application
involves six NC lots on Mill Street, which is zoned SPA.
This is separate from the Truman application. An over
all masterplan for this buidling has been required by the
Planning Office. Kane suggested setting a hearing date
for this application. J.R.McCarthy and Tom Wells are
the architects.
Kane explained that the application is for the Aspen
Savings and Loan building, 9,720 sa. ft., 18,000 is
slightly over .5 FAR. The members reviewed theplans
with the applicant. The grade starting from the Jerome
all the way down to the Trueman property will raise
but since they are not certain of the amount the applicar
used estimates on the clans. Clarks concern had been
the lot shown as being depressed. Therefore, the planners
changed the three story proposal to a two story buidling.
There will be parking in the rear. Wells explained that
this building will house only Aspen Savings and Loan,
it will not have leased space. He feels that the parking
meets the needs of the key employees and customers.
The scale of the building was studied closely. The ex-
terior will be wood, and the construction conforms to
the new insulation code. McCarthy expalined how this
proposal will work in with the grocery and the bicycle
path down Mill street. Kane expressed a desire to organiz
the parking in such a way that it would be feasible to
park once and go to the Post Office and shopping.
There will be a 4 -5 ft. high enclosure on the roof of
the building to house mechanical equipment. Solar heating
has been considered for domestic water. There will be
a 10' wide easement with Trueman property. The natural
bank will be landscaped and possibly the electrical wires
could be undergrounded. McCarthy stated that they would
like to work with the Planning Office to devise a traffic
plan,' trails, and circulation for the area. Isaac stated
that there isn't any real difference betweenbuilding in the
NC and CC zones. For this reason he would like to wait
until a decision can be made on the Growth Management Plan.
Collins stated that they needed a map showing each parcel
and planned use for each of them. He asked about the
disposition of the remining parcels. There are four
building sites on the west of Mill street. Collins would
like to see more information on the entire area.
These proposals should be done in some unified fashion.
Kane stated that Dave Ellis has checked the grades exten-
sivley, and more integration has taken place than is shown
on the plans presented. This is just the tail end of the
projects. Collins feels the whole design concept is missing,
how does each project effect the other projects. McCarthy
discussed the overall plan for traffic patterns, and
integrating movement of people and traffic. He feels that
this building will have a low margin of traffic. Kane
stated that an overall plan is definitely available and has
been developed.
Collins stated that a curb cut is now needed for access
to the property, which may not have been needed if this plan
had been integrated in some other way. His main concern
is that this plan is being looked at in pieces, without
any one plan relating to another. Isaac does not feel they
are being fair to other developers who need to grow also.
Collins reiterated that the concerns of this committee at
this time do not lie with the merits of the establishment
or the location or presentation. The question is with the
Growth Management Plan and the overall development in that
Trueman area. Hunt feels that their interest in including
the NC and CI in the plan is more on an inventory basis
instead of a control basis. He recommended setting a
Public hearing on this project. Collins stated they could
still proceed with the Growth Management Plan with rec-
ommendation to include any other areas. The Council can
initiate a delay if they so desire. The date of the Public
Hearing would be February 15, 1977. Hedstrom seconded Hunts
motion for a public hearing, all in favor, with one nay
vote from Isaac. Motion carried
STEINTHOR /JAKOBSSON
Subdivision This is an application for Subdivision exemption on Lot
Exemption 1, Block 1, which is zoned R6. This located on the corner
of Mt. View Drive and Cemetary Lane. Gideon Kaufman is
representing the applicant. This is the division of a
duplex. Two local parties are interested in buying one
half, while the owner retains the other half. Kane stated
that two conditions would be required: compliance exemption
from all sections with the exception of the subdivision
dedication fee, and the six month rental restriction.
Hunt moved to grant the Steinthor Jakobsson duplex sub-
division exemption with strict application of the subdiv-
ision regulations as the purpose of those regulations have
been complied with, conditioned upon the non - exemption of
the payment of the park dedication fee and conditioned upon
compliance with Ordinance 70 of 1976 (six month minimum
leasing). Collins recommended that this include any
Engineering requirements. Hedstrom seconded this motion
MEMORANDUM
TO: Aspen City Council
FROM: Planning Staff (HC)
RE: Aspen Savings and Loan Association setting date of April 11, 1977
Specially - Planned Area Public Hearing J
DATE: March 9, 1977
This is a request to consider the S.P.A. plan for the Aspen Savings and
Loan Association building to be located on lots D through I, Block 78
and Block 177 on Mill Street adjacent to the Trueman Subdivision. The pro-
ject consists of a 9,514 sq. ft. building on 18,000 sq.ft. of land which
is slightly in excess of the .5 F.A.R. .allowed in the S.C.I. zone.
Variance to this F.A.R. is allowed in the S.P.A. overlay requirements.
Sixteen parking places are shown at a ratio of one space per 594 sq. ft.
of building space.
An S.P.A. plan is submitted in.this packet for the review of the City
Council members.
The Planning and Zoning Commission considered the request at a Public
Hearing on February 15, 1977 and recommended approval subject to the
comments of the Planning Office which are as follows:
1) An area site plan has been prepared by the Planning Office,
showing the relationship of the building with adjacent land
uses. This plan will be discussed at the City Council Meeting.
2) We have referred the site plan to the City Engineers Office for
comment, specifically in regard to the Mill St. improvement
schedule and relationship to the Trueman Project. As of this
writing, verbal comment has been received stating general approval
of site planning of the building, but reserving more specific
comment for presentation at the Council meeting.
3) A trial easement should be reserved through the Aspen Savings
& Loan site connecting with the westerly trail through the
Trueman site.
4) The minimal parking shown (16 spaces) is in conformance with
our recommendations to minimize car access and use of this
site.
Aspen City Council Members
Page Two
March 9, 1977
5) A permanent sidewalk will be required along Mill St. upon
completion of Mill St. road improvements. Primary site access
will be along this sidewalk to the Trueman project and Post
Office site.
6) A drive -up car service has not been shown pursuant to our
recommendation against such use.
7) Landscaping plan - details as to the size of trees and plant-
ings will be required.
8) Specific building materials and colors should be shown on the
plan.
9) It is our understanding that certain Federal banking regula-
tions prohibit housing within the building structure of a
banking facility, therefore, no accessory housing has been
required.
10) A mutual access agreement has been finalized allowing the
Trueman project emergency access over the entrance road as
shown.
In summary, the Planning Office is satisfied with the proposed project, as
presented by Aspen Savings & Loan; and recommends setting of a Public
Hearing for April-11, 1977 to consider the S.P.A. plan adoption.
MEMORANDUM
TO: Aspen City Council
FROM: Planning Staff (HC)
RE: Aspen Savings and Loan Association -
Specially- Planned Area Public Hearing
DATE: April 7, 1977
This is a Public Hearing to consider the S.P.A. plan for the Aspen
Savings and Loan Association building to be located on Lots D through
I, Block 78 and Block 177 on Mill Street adjacent to the Trueman
Subdivision. The project consists of a 9,514 sq. ft. building on
18,000 sq.ft. of land which is slightly in excess of the .5 F.A.R.
allowed in the S.C.I. zone. Variance to this F.A.R. is allowed in
the S.P.A. overlay requirements. Sixteen parking places are shown
at a ratio of one space per 594 sq.ft. of building space.
An S.P.A. plan has been submitted previously for the review of the
City Council members.
The Planning and Zoning Commission considered the request at a
Public Hearing on February 15, 1977 and recommended approval subject
to the comments of the Planning Office which are as follows:
1) An area site plan has been prepared by the Planning
Office, showing the relationshrp_.of the building with
adjacent land uses. This plan will be discussed at
the City Council Meeting.
2) We have referred the site plan to the City Engineers'
Office for comment, specifically in regard to the
Mill Street improvement schedule and relationship
to the Trueman Project. As of this writing, verbal
comment has been received stating general approval
of site.planning of the building, but reserving more
specific comment for presentation at the Council
meeting.
3) A trail easement should be reserved through the Aspen
Savings and Loan site connecting with the westerly
trail through the Trueman site.
4) The minimal parking shown (16 spaces) is in conformance
with our recommendations to minimize car access and use
of this site.
5) A permanent sidewalk will be required along Mill
Street upon completion of Mill Street road improvements.
Primary site access will be along this sidewalk to the
- -J n....r o4.P4,e eifc rnnefrllntinn of
Aspen City Council Members
Page Two
April 7, 1977
Street will not be finished at the time of probable
occupancy of this building, we recommend requiring
construction of a temporary asphalt sidewalk along
Mill Street. Such sidewalk should be completed prior
to receiving an occupancy permit.
6) A drive -up car service has not been shown pursuant to
our recommendation against such use.
7) Landscaping plan - details as to the size of trees and
plantings are being finalized with the applicant as of
this writing.
8) Specific building materials and colors should be shown
on the plan.
9) It is our understanding that certain Federal banking
regulations prohibit housing within the building
structure of a banking facility, therefore, no accessory
housing has been required.
10) A mutual access agreement has been finalized allowing
the Trueman project emergency access over the entrance
road as shown.
In summary, the Planning Office is satisfied with the proposed
project, as presented by Aspen Savings and Loan and recommends
approval subject to satisfaction of the above concerns.
lmk
regulations with respect to the conveyance of A?$S to Mr. J. R. Kuhn.
Paragraph 3 i :he acting City Attorney memo d 1 10 February 1977
is included in this motion as justification. Paragraph 4A -D are
included in this motion as conditions 1 -4. Paraphaphs 6A and D are
included as conditions 5 and 6. Condition 7 is that Music Associates
and the Physics Institute will be included in any future master planning
process with respect to the SPA. Condition 8 is that the City does not
recognize parcel 2 as being identifiably distinct from the total 111 acres
with respect to (a) any options to sell or purchase (b) boundaries and
(c) development rights. Condition 9 is in final for the resolution
covering the above is to be signed by the principal parties involved.
Kienast seconded the motion. Collins felt suspect with so many conditions
attached to the motion. Roll call: Kienast, nay; Hedstrom, aye;
Isaac, aye; Schuhmacher, nay; Hunt, aye; and Collins, nay. Vote tied.
Motion denied.
Alpine Acres Alpine Acres was represented by Barry Edwards who asked for a
subdivision exemption for the duplex condominiumization. Hal Clark
stated that three existing duplexes were going to be condominiumized.
The engineering department's comments deal with the annexation agreement
with Alpine Acres which has to do with roads, underground utilities,
water interests, etc. The Planning Office is recommending approval of
the duplex exemption. It is lots 1, 4, and 5 of Alpine Acres.
Kienast moved to for a subdivision exemption for lots 1, 4, and 5 of
Alpine Acres Subdivision. Tenants must have first right of refusal
at current market value. Isaac seconded. All in favor. Motion passed.
Montgomery Clark suggested that since Mr. Andrews could not be present that
Wards Montgomery Wards item be tabled until the next meeting. Collins opened
the meeting to the public on the conditional use of Montgomery Wards.
Hunt moved to table the conditional use of Montgomery Wards until
March 1 at which time the public hearing can be continued. Schuhmacher
seconded. All in favor; motion approved.
Aspen Savings Kane stated that this was a conceptual plan of the Rio Grande property
and Loan over the next few years (map). The property is all owned by the City
i� and County. Would like to develop a performing arts center on that
site. We want to make improvements yearly which fit in with the long
range objectives. We have room for parking for 150 cars and there
is also a space for a recreational field. The area along the river
should be acquired by the city and restored as a riverfront park.
Long range plans for Rio Grande and Trueman buildings were discussed.
The Trueman project will require Mill Street to be redone. It will be
a boulevard design. Ellis plans to include it in the 1978 -79 build out
program.
Collins opened the meeting to the public on the Aspen Savings and Loan.
Isaac stated that Council had asked P&Z to reconsider the commercial
allotment plan. All commercial buildings should be included. SCI
buildings zones should not be excluded. Collins stated that the
building was exempted from administrative delay. Kane said that administra-
tive delay is not included in NCI and SPA.
Hunt moved to approve the SPA plan for the Aspen Savings and Loan located
at Lots D thru I, Block 78 and Block 177 on Mill Street adjacent to the
Trueman Subdivision noting Planning Office and City Engineer comments.
Hedstrom seconded. Tom Isaac nay, all others in favor; motion passed.
1 . -
ASPEN
SAVINGS
May 2, 1989
Alan Richman
Planning Director
City of Aspen
130 South Galena
Aspen, Colorado 81611
Dear Mr. Richman:
Aspen Savings hereby requests exemption from the Growth Management Quota System
for the purpose of adding a vault to our facility. Our present money storage is
not adequate for the banking functions we now provide to our customers.
This vault will be a storage facility totally below grade for use by Aspen
Savings and will provide some safe deposit boxes for customers. A vault is a
normal bank requirement insuring security for our depositors. We hope you will
permit us to provide for this security.
Thank you.
Sincerely,
j4t� //
William E. DeYo1L9
Vice President
cc: Proof of Ownership enclosed
MAY Z'2
WED /AD /5 -2 /jb
225 NORTH MILL STREET • ASPEN. COLORADO 81611
303-925-6400 • 800 -759 -0334 • TELECOPY 303- 9259119
DEPOSITS INSURED BYTHE FEDERALSAVINGS & LOAN INSURANCE CORPORATION
TO: File
FROM: Alan Richman, Planning Director
RE: Aspen Savings Commercial GMQS Exemption
DATE: May 15, 1989
ISSUE: The applicant requests staff approval of a commercial
GMQS exemption to install a vault at the Aspen Savings and Loan
building.
FINDINGS: Section 8 -104 A.l.d permits the staff to approve an
expansion of an existing commercial or office use in a building
which does not increase its net leasable square footage. The
proposal complies with this provision for the following reasons.
1. The vault is a below grade, storage facility, to store money
and bank records. The vault is also proposed to contain
safe deposit boxes for customers of the bank. Storage for
tenants on the site is a use specifically identified as
outside of the definition of net leasable square footage.
2. While the safe deposit boxes are rented to customers, they
fit more naturally with the concept of storage areas, rather
than commercial or office space. There is no impact caused
by the establishment of this new service to bank customers.
ACTION: I hereby approve of the requested below grade expansion
of the Aspen Savings building for the purpose of installing a
vault.
savingsapproval
TO:
FROM:
RE:
DATE:
Aspen Planning and Zoning Commission
Leslie Lamont
Aspen Savings GMQS Exemption
July 5, 1989
SUMMARY: The Aspen Savings and Loan seeks a GMQS exemption by
the Commission for an additional 324 square feet of office space
at the ground floor of the southeast corner of the building.
Section 8 -104 B(a) of the Land Use Code enables additional space
of less than 500 square feet to be exempted, by the Commission,
from GMQS review. It is recommended that this application be a
consent agenda item.
Last month Aspen Savings and Loan received a staff level sign -off
to begin constrcution of a vault. The vault will be located
below the proposed office space expansion.
APPLICANT: Aspen Savings and Loan, Bill DeYoung, Vice President
LOCATION: 225 North Mill Street
ZONING: Office
APPLICANT'S REQUEST: GMQS Exemption for additional 324 square
feet of office space.
RE FERRAL COMMENTS:
Housing: The Housing Authority perceives no employee generation
as the applicant states that there will not be an increase in the
net leasable square footage to the present facility.
Engineering: In a June 25, 1989 memo the Engineering Department
had the following comments:
1. The applicant should be advised that an excavation permit is
required from the Engineering Department for any construction
activity performed within the public right -of -way, including
pedestrian barricades.
2. Please submit the following conditions of approval:
a. The applicant shall reconstruct the driveway wings (that
segment at the entry to the street where the driveway tapers from
the gutter up to curb height) such that the wings begin at the
extension line of the edge of the driveway, which is 24 feet in
width. This driveway is too narrow because of the existing wing
design and is difficult to use for vehicles entering and exiting
North Mill Street.
b. If the applicant has not already done so, an easement shall be
conveyed to the city for the electric transformers. The easement
shall include ingress and egress from the transformers to the
public right -of -way across the applicant's driveway and parking
lot.
C. A revised site plan shall be submitted which shows the
locations of the electric transformers.
STAFF COMMENTS: Section 8 -104 B(a) enables the Commission to
exempt expansion of office space of not more than five hundred
net leasable square feet. It must be demonstrated that the
expansion will have a minimal impact upon the City.
The existing building is 7,790 square feet of external floor
area. The allowable floor area for the site is 13,765. The
proposed expansion will entail an additional 324 square feet of
office space as well as the enclosure of an outdoor stair case
and ground floor entry already under roof and included in current
F.A.R. The addition will infill the southeast corner of the
building.
According to the applicant the office will allow for future
expansion and re- design of the teller counter within the existing
building and merely relocate desk space for existing offices and
manager in the teller area. No more employees will be hired due
to this office expansion. The applicant feels that this
additional space will allow the Savings and Loan to better serve
customers at the teller counter.
The requirement for parking in the office zone is three spaces
per 1000 square feet, 6.3 spaces are required for the existing
development. There are 17 existing parking spaces on site.
The impacts of this addition should be minimal to adjacent
properties. The new expansion will occur at the rear of the
building adjacent to the parking lot. Another parking lot also
abuts the southern side of the Savings and Loan parcel.
RECOMMENDATION: The Planning Office recommends that the
Planning and Zoning Commission approve the GMQS exemption with
the following conditions:
1. Before a C.O. permit is granted the applicant shall
reconstruct the driveway wings (that segment at the entry to the
street where the driveway tapers from the gutter up to curb
height) such that the wings begin at the extension line of the
edge of the driveway, which is 24 feet in width.
2
2. If the applicant has not already done so, an easement shall
be conveyed to the city for the electric transformers. The
easement shall include ingress and egress from the transformers
to the public right -of -way across the applicant's driveway and
parking lot.
3. Before a building permit is issued a revised site plan shall
be submitted which shows the locations of the electric
transformers.
At their July 5, 1989 meeting the Aspen Planning and Zoning
Commission approved, with the following conditions, the GmQS
exemption for the Aspen Savings and Loan office expansion.
1. Before a C.O. permit is granted the applicant shall
reconstruct the driveway wings (that segment at the entry to the
street where the driveway tapers from the gutter up to curb
height) such that the wings begin at the extension line of the
edge of the driveway, which is 24 feet in width.
2. If the applicant has not already done so, an easement shall
be conveyed to the city for the electric transformers. The
easement shall include ingress and egress from the transformers
to the public right -of -way across the applicant's driveway and
parking lot.
3. Before a building permit is issued a revised site plan shall
be submitted which shows the locations of the electric
transformers.
3
I� _C'�-Acr' 4--
TO: City of Aspen Planning Office
FROM: Aspen Savings: Applicant
BY: Mona Kochaver, Assistant Vice President
Marketing /Personnel
DATE: June 29, 1989
EXHIBIT 5
The following lists the number of people employed by Aspen Savings which office
at the 225 North Mill location since 1985:
1985 - Quarter
1 -
30
Quarter
2 -
31
Quarter
3 -
32
Quarter
4 -
30
1989 - Quarter
1 -
31
Quarter
2 -
35
Quarter
3 -
39
Quarter
4
- 38
1987 - Quarter
1 -
34
Quarter
2 -
39
Quarter
3
- 38
Quarter
4
- 39
1988 - Quarter
1 -
40
Quarter
2 -
39
Quarter
3 -
37
Quarter
4
- 34
1989 - Quarter 1 - 32
Quarter 2 - 31-
The number of people employed by Aspen Savings fluctuates according to our
lending volume and other business activities.
The purpose of the proposed remodel is to provide more comfort and privacy for
our customers. Personnel occupying the additional 324 square feet provided by
the remodel will be relocated from other areas of the bank. We have no
intentions to hire additional personnel to office in the space.
The proposed remodel will allow us to provide improved and additional services
to our existing customer base.
Respectfully submitted,
Mona Kochaver
Assistant Vice President
MLK /ND /6 -29 /pb
Sunny Vann
230 E. Hopkins
Aspen, CO. 81611
Hand Delivered
January 27, 1992
RE: Fall Line Productions Use of Aspen Savings and Loan Building
Dear Sunny,
As I had mentioned to you last Friday, Planning staff had an
opportunity to discuss your January 21 letter requesting the above
referenced item. We felt that the office use proposed by Fall Line
Productions fell within the parameters of the historic use of the
site as bank /commercial office. Staff wanted to reiterate that the
scope of uses will be limited to those outlined in your letter:
1. The building will be used for OFFICE use only, for a period
of four months.
2. The building will be used for management of production,
accounting, transportation, costume, and location functions.
3. No filming will take place on the property.
4. Estimated employee occupancy will be 25 persons at any given
time.
5. The site's parking lot will be used for parking of cars and /or
cargo and costume vans.
Staff strongly recommends that due to parking problems in the
neighborhood and limited on -site parking, all non - essential
vehicles should utilize the Rio Grande Parking Garage located
across the street from the Aspen Savings Building. Punch passes
are available from the garage attendant and allow reduced parking
rates. If you have any questions regarding these comments, please
do not hesitate to call me at 920 -5090.
Sincerely,
Kim Johnson
Planner
cc: Diane Moore, City Planning Director