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HomeMy WebLinkAboutcoa.lu.cu.Gap Satellite Dish.A64-93CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 10 29 93 PARCEL ID AND CASE NO. DATE COMPLETE: I 2737- 073 -40 -001 A64 -93 STAFF MEMBER: KJ PROJECT NAME: Gap Conditional Use Review for Satellite Dish Project Address: 204 S. Galena Legal Address: Lots A B & C Block 94 APPLICANT: The Gap Inc Jenn Pais L- YIt, 415- 952 -4400 Applicant Address: 900 Cherry Av. , San Bruno, CA 94066 REPRESENTATIVE: Representative Address /Phone: Aspen CO 81611 ---------------------------------------------- FEES: PLANNING $ 942 # APPS RECEIVED 2 ENGINEER $ # PLATS RECEIVED HOUSING $ ENV. HEALTH $ TOTAL $ 942 TYPE OF APPLICATION: STAFF APPROVAL:_ 1 STEP: X 2 STEP: P &Z Meeting Dat PUBLIC HEARING: ( YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO DRC Meeting Date Na` _ REFERRALS: Nt) NF'i City Attorney City Engineer Housing Dir. Aspen Water City Electric Envir.Hlth. Zoning DATE REFERRED: I) 2 Parks Dept. Bldg Inspector Fire Marshal Holy Cross Mtn. Bell ACSD Energy Center INITIALS: S 1. 1 School District Rocky Mtn NatGas CDOT Clean Air Board Open Space Board Other Other DUE: FINAL ROUTING: DATE ROUTED: (ZIlut INITIAL: 5� _ City Atty _ City Engineer X Zoning _Env. Health Housing _ Open Space � Other: FILE STATUS AND LOCATION: 1✓ �.s � C y � ��e ��::1 t�x't' K A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE FOR A SATELLITE DISH ANTENNA FOR THE GAP, LOCATED AT SITE OF GAL ENA (LOTS A, B E C BLOCK 94) Resolution No. 93- _ WHEREAS, pursuant to Section 24 -5 -209 C.7. of the Aspen Municipal Code (Commercial Core Zone District) satellite dish antennas may be approved by the Planning and requ ntommission as conditional uses in conformance with the req 24 -7 -304; and WHEREAS, the Planning office received an application from The Gap clothing store for a Conditional Use review for a 1.2 meter satellite dish antenna on the roof of the building; and WHEREAS, the subject dish antenna had been instal iwithout a building permit and required Conditional use app order to be legally permitted; and WHEREAS, the Historic Preservation Committee determined that review of the dish antenna was not necessary; and WHEREAS, the Planning Office reviewed the Conditional Use proposal and recommended approval with conditions; and WHEREAS, during a public hearing at a regular roved by an December 7, 1993 the Planning and Zoning Commission 5 -0 vote the Conditional Use review for The Gap satellite dish antenna with one condition as recommended by the Planning office. NOW, THEREFORE BE IT RESOLVED by the Commission: That The Gap Conditional Use for a 1.2 meter satellite dish antenna is approved with the following condition: 1. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission al, unless wised amended by other conditions of approval, conditions. APPROVED by the Commission at its regular meeting Ln December 7, 1993. Planning and Zoning Commission: Attest: Jan Carney, Deputy City Clerk W. Bruce Kerr, Chairman 1 n MEMORANDUM a���„ / J �} TO: Planning and Zoning Commission 1 ���rr � o Uo�✓: FROM: Kim Johnson, Planner RE: The Gap Conditional Use for site Dish Antenna - PuLlic Hearing DATE: December 7, 193 SUMMARY: The Planning Office recommends approval of The Gap Conditional Use for a 47" roof mounted satellite dish antenna with one condition. APPLICANT: The Gap, Inc. LOCATION: 204 S. Galena, Lots A,B & C, Block 94 ZONING: CC (Commercial Core) APPLICANT'S REQUEST: The applicant requests Conditional Use for a 47 inch (1.2 meter) satellite dish antenna which is already mounted on the roof of The Gap building. The applicant has submitted roof plans and elevation drawings. See Attachment "A ". PROCESS: The Planning Commission shall make a determination on the Conditional Use for the satellite dish antenna. REFERRAL COMMENTS: Historic Preservation Committee (HPC) - The HPC looked at the dish antenna and does not require review. STAFF COMMENTS: The Zoning Officer issued a red tag for the dish which was placed on the roof in late October. In order to resolve the red tag, a conditional use approval must be obtained. Conditional Use Review Criteria: 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 AACP dos not specifically address satellite dishes. The CC zone district does not apply any special requirements on these antennae. 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 communications antenna is typical for commercial business for the surrounding commercial area. 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 47" diameter dish is not visible from the street and does not impact any surrounding properties any more than standard roof top mechanical equipment. 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. RESPONSE: Not applicable. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. RESPONSE: Not applicable. 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: No requirements for dish antennas are set forth in the AACP or any other zoning regulations. Appropriate building permits may be required. ---------------------------- STAFF RECOMMENDATION: Planning recommends approval of The Gap Conditional Use for a 1.2 meter roof mounted satellite dish antenna with the following condition: 1. 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. RECOMMENDED MOTION: "I move to approve a Conditional Use for a 1.2 meter satellite dish antenna on the roof of The Gap building located at 204 S. Galena with the condition recommended in the Planning Office memo dated 12/7/93." Exhibits: "A" - Roof Plan 3 PLANNI " & ZONING COMMISSION EXHIBIT 2k , APPROVED 19 BY RESOLUTION QXaTridom Standalone Site Survey Form Page 3PXA Section 6: Drawing of Satellite. Antenna, and Cable Point of Entry Locations. The following items must be shown with symbols and requested information. Label each option. Vi V Antenna Location With Line Of Sight a O _ U and Distance From Two Walls Building Diagram _ LO_ _ Cable Path With Distances ® Penetration Line Amplifier Location With Location Described .M. _ External Power Supply Location N With Location Described Magnetic North ?N�ltr I i-%y �.`rllk . cl-TT1 . 1 . . . . . . . . . . . :i — -- ........ LUCwrl W ITc2MtUAL E3�sF fi . . ... . .. . . i. . . . . . kP Antenna Height Above Ground Level: Option '1 2d —ft. Option 2 ft. 0( OCT 22 '93 15:52 FROM MIS 950 ELM 1FL WEST TO 13039205197 PAGE.001i001 October 22, 1993 Ms. Kim Johnson The City of Aspen 1330 South Galena Aspen, CO 81611 TNt SAP. INC. Dear Ms. Johnson: •00 Oq RRY 4Y i4M NNOMO On October 22, 1993 a gentleman from The City of Aspen's CA 94666 Planning & Zoning Office stopped by our GAP store located at: T[tLPNONf 204 South Galena 4t5 Ott 4440 Aspen, CO 81611 FAX 416 092 4069 and informed the store manager that The Gap Inc. needed to stop the installation of a satellite dish on the roof, and complete the necessary paperwork for The City of Aspen. Please let me know exactly what I need to do to ensure that the Gap is not in violation of any City Ordinances. I am more that willing to provide any necessary documents that you may need to see, to comply with Aspen's Planning & Zoning Department. It is of vital importance that this site receive the satellite communication system. This store is a part of a rollout all over the country, and my deadline to have the rollout complete is November 2, 1993. 1 am requesting that we be allowed to continue the installation of the satellite communication system, and concurrently fill out the necessary paperwork. Please let me know as soon as possible how to proceed with the necessary steps to meet your requirements so that I may complete this installation by my deadline. I can be reached at 1- 415 -259- 7140 or be paged at 1- 415 - 719 -5122. Yours Jenn Pais Telecom Analyst The Gap Inc. .. \WQz \ }022kimj.ROw ** TOTAL PAGE.001 ** M PUBLIC NOTICE RE: THE GAP CONDITIONAL USE REVIEW FOR A SATELLITE DISH NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, December 7, 1993 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, 2nd Floor Meeting Room, City Hall, 130 S. Galena, Aspen to consider an application submitted by The Gap, Inc., 900 Cherry Ave., San Bruno, CA, requesting approval of a Conditional Use Review for a satellite dish to be located at 204 S. Galena, Aspen, CO; Lots A, B & C, Block 94 Aspen, City and Townsite of Aspen. For further information, contact Kim Johnson at the Aspen /Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920 -5100. s /Bruce Kerr, Chairman Planning and Zoning Commission rr�z S'W OCT 28 '93 11:13 FROM MIS 950 ELM SFL WEST TO 13039205197 PAGE.002i003 ................,. ....................... ,...,............... ,................, ..,..,,,,,........ .,,............ x:07 OR October 28, 1993 Ms. Bernadette Aguilar The Gap 900 Cherry Avenue San Bruno, California 94066 Res 204 South Galena Aspen, Colorado Our File No. 2958.016/2 Dear Bernadette: 1M A.- - J sea 2400 Dry Caa.m 0=2 Tdk*m t post 8304fss x-Ww. 0" A264M You have requested a letter from as regarding the ownership and development rights of the property located at 204 South Galena Street, Aspen, Colorado (the "Property "). The Gap, Inc., as Subtenant, subleases the property pursuant to a Building Lease dated March 12, 1997 (the "Sublease") from Colorado Cable company ("Colorado cable "), as landlord. Colorado Cable, in turn, leases the property under a long -term land lease (the "Land Lase ") dated December 31, 1986 by and between Colorado Cable and the Hopkins street Investment Company ( "ItsiC"). The successors in interest to HSIC are the following individuals and entities, who now own the property as tenants in commons John E. McNulty, Lois A. Hartman, Lavone Hay Staton, W.G. Bullock, and the G.S. Bullock Grandchildren's partnership (collectively referred to an the Fee Interest Owners "). . The Land Lease, which has a thirt y - ear term Can initial five" year term, with five, five -year renewals running through December, 2016, was recorded on January 2, 1987 at Book 527, page 409, at reception number 284960 of the Pitkin County real estate records. Both the Land Lease and the Sublease Vera ratified and confirmed through a Non - Disturbance Agreement executed by the Fee Interest Owners and recorded on August 19, 1992 at Book 686, page 486, reception number 947842 of the pitkin County real estate records. OCT 28 '93 11:14 FROM MIS 950 ELM iFL LEST TO 13039205197 PAGE.003i003 OCT -28 -93 THU 8:08, P.03 Clanahan, Tanner, Downing and Knowlton .nda.oaLmwagw Ms. Bernadette Aguilar October 29, 1993 Page 2 Article 8 of the Land Lease grants Colorado Cable broad development rights during the thirty -year term of the lease, including rights of: [A]lterations, additions, or changes to the Leased Premises, including demolition, remodelling, reconstruction, renovation, new construction (the foregoing collectively shall be referred to as Improvements) without the (Fee Interest ownersT) prior written consent . . . . Thus, although the Fee Interest owners are the owners of the Property, they gave granted Colorado Cable an unfettered right to develop the property and to make alterations to the premises through the year 2016. I am an attorney licensed to practice in Colorado. This letter may be raiied upon by third parties, including the City of Aspen, in connection with The Gap application to add a satellite dish to the leased premises. Should you have any questions, don't hesitate to call. Sincerely, CLANAHAN, TANNER, DOWNING and INOWLTON, P.C. cc: Jerald X. Barnett Suzette Goodman CVTMT0*s�hnwttlGap1 ** TOTAL PAGE.003 ** MEMORANDUM OF OWNERSHIP- ACCOMMODATION NO LIABILITY PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE STATE OF COLORADO BY EXAMINATION OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO DISCLOSES THE FOLLOWING: GRANTEE IN THE LAST INSTRUMENTS APPARENTLY TRANSFERRING OWNERSHIP: LAVONE KAY STATON, AS TO AN UNDIVIDED 1/12 INTEREST; LOIS ANN HARTMANN, AS TO AN UNDIVIDED 1/12 INTEREST; JOHN E. MCNULTY, AS TO AN UNDIVIDED 1/6 INTEREST; G.E. BULLOCK GRANDCHILDREN'S PARTNERSHIP, AS TO AN UNDIVIDED 1/6 INTEREST AND W.G. BULLOCK, AS TO AN UNDIVIDED 1/2 INTEREST NOTE: Lease Agreement recorded January 2, 1987 in Book 527 at Page 409 between Hopkins Street Investment Company, a Colorado General Partnership (Landlord) and Colorado Cable Corporation, a Colorado Corporation (Tenant) and Single Occupancy Building Lease recorded August 19, 1992 in Book 686 at Page 454 between Colorado Cable Corporation (Landlord) and The Gap, Inc., DBA The Gap Stores, Inc., a Delaware Corporation. PROPERTY LOTS A, B AND C, BLOCK 94, CITY AND TOWNSITE OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO. TRUST DEEDS AND MORTGAGES APPARENTLY UNRELEASED: Deed of Trust from : Grant E. Bullock Trust, William G. Bullock et.al. to the Public Trustee of the County of Pitkin for the use of : Alpine Bank and Trust, a Colorado Corporation to secure : $295,000.00 dated : March 2, 1990 recorded : March 12, 1990 in Book 615 at Page 848 reception no. : 320744 Deed of Trust from : Colorado Cable Company, A Colorado Corporation to the Public Trustee of the County of Pitkin for the use of : Pitkin County Bank & Trust Co. to secure : $500,000.00 dated : September 4, 1992 recorded : September 28, 1992 in Book 689 at Page 738 reception no. : 349023 LIENS AND JUDGEMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED: NONE THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION. THE INFORMATION HAS BEEN TAKEN FROM OUR TRACT INDICES, WITHOUT REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY. THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT OF THE FEES. CERTIFIED TO: OCTOBER 1, 1993 @ 8:30 A.M. PITKIN COUNTY TITLE, INC. BY: October 27, 1993 Ms. Kim Johnson The City of Aspen 130 South Galena Aspen, CO 81611 Dear Ms. Johnson: GAP THE GAP, INC. The Gap Inc. proposes to install a satellite communications network for our Gap Store #2516 located at 204 South Galena, son CHERRY AV Aspen, CO 81611. The installation process will include SAN 5NUNO installing a satellite dish on the roof of our Gap store at CA 94066 this site. I have included a site survey from our vendor, TELEPHONE AT &T Tridom, who owns the equipment. This document gives all 4159624409 the specific information for the installation. FAX I am authorized to act on behalf of The Gap Inc. for the Gap 4269524069 Store #2516 located at 204 South Galena, Aspen, CO 81611. The legal description of the property is as follows: Lot A,B, & C, of block 94 City & Town of Aspen. In regards to #3 in ATTACHMENT 2, Vince Higgens with the Pitkins County Title company is providing the necessary documentation in duplicate for The Gap. Mr. Higgens will bring this documentation directly to you sometime tomorrow at The City of Aspen's Planning & Zoning Department. The following is a written proposal and an explanation of the review standards relevant to the Review Standards outlined in ATTACHMENT 4, which answers #5 on ATTACHMENT 2. Review Standards: A. To my knowledge, the project is consistent with the goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Historic Overlay District in which the Gap #2516 is located. 1 3 - -�W C. The location of the dish is in the center of the roof between two A/C units (see the drawing in the Site Survey on page 3). The dish is 1.2 meters in size. The actual design can be seen in the Site Survey that is included in this packet. Therefore, there should be no visual impact from the street or any impacts on pedestrians and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. D. N/A E. N/A F. To my knowledge, the project complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. In response to ATTACHMENT 3, I have included a copy of the site survey which complies with both A & B as described in THE GAP, INC. this attachment. 900 CHERRY AY As per our conversation on October 25, 1993, I am asking you BAN BRONO to include a S 1 /2 * 11 vicinity map locating our parcel CA 94066 within the City of Aspen. TELEPHONE 4359524400 Enclosed you will find a check in the amount of $942.00 for FAX the application fee. 4'595'4069 Please let me know if I left anything out of the package as soon as possible. If you have any questions, please give me a call at 1- 415 - 259 -7140. Yours Truly, �Vz Jenn Pais Telecom Analyst The Gap Inc. OCT -25 -1993 09:49 FROM RSPEN/P I TK I N BLDG DEPT TO 9- 14152597233 -090 P.04 ASPENIPITKIN PLANNING OFFICE CITY OF ASPEN (hereinafter CPPY) and rye Sa (hereinafter APPLICANT) AGREE AS FOLLOWS: 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 77 (Series of 1992) establishes a fee structure for Planning Office applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved ' processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to. thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Plannmg Commission and /or City Council to enable the Planning Commission and/or City Council to make legally required findings for project approval, unless current billings are paid in hill prior to decision. OCT 25 '93 08:49 PRGE. 004 1. APPLICANT has submitted to MY an application for OCT -25 -1993 0950 FROM RSPEN/PITKIN BLDG DEPT TO 9- 14152597233 -090 P.05 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of which is for _k hours of Planning Office time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN APPLICANT B c,Q� Diane Moore City Plannitg Director OCT 25 '93 0B :50 Mailing Address: Date: V l LtL I 2 TOTAL P.05 PRGE.005 August 18, 1993 Mr. Jerald Barnett 120 West Francis Aspen, CO 81611 THE GAP. INC. Dear Mr. Barnett: 900 ENENET 2Y EEN ENONO �• 911099 This letter will serve as confirmation of our agreement as follows: TEEE9NONE 1111E 952 111100 The GAP, Inc. has your permission as the property owner to allow FA AT &T Tridom to install a small satellite dish upon the roof of GAP 11211 9112 .0.E Store #2516, located at 204 S. Galena, Aspen, CO. AT &T Tridom will be responsible for any damage that may occur to your facility that is caused by the site survey, installation, maintenance or removal of the satellite during the term of the GAP, Inc. lease. I understand that in the future you intend to add possibly two additional stories to the above mentioned building. AT &T Tridom will at the time of construction remove the satellite dish to allow for your improvements. This letter is provided in duplicate return one copy to me for file. Y s Truly, Bernadette Aguilar Telecom Analyst The GAP, Inc. Kindly signify your concurrence and gA ... \7516.11r