Loading...
HomeMy WebLinkAboutLand Use Case.120 E Main St.A56-92 J- .)-., t. ~ DATE RECEIVED: DATE COMPLETE: CASELOAD SUMMARY SHEET City of Aspen PARCEL ID AND ~}21 Cj (j '- STAFF MEMBER: PROJECT NAME: Old Librarv Special Review Permit Project Address: 120 E. Main st. Legal Address: Lots M.N.O of Block 66 APPLICANT: Desian Workshop Inc. Applicant Address: 710 E. Durant. Aspen. CO 81611 REPRESENTATIVE: Bill Kane. Desian WorkshoP Inc. Representative Address/Phone: 710 E. Durant Astlen. CO 81611 925-8354 -------------------------------------------------------------- -------------------------------------------------------------- FEES: PI,ANNING $ 912 ENGINEEn $ HOUSING $ ENV. HEALTH $ TOTAL $ # APPS RECEIVED 11 # PLATS RECEIVED PAID: (YES) NO AMOUNT: $912 NO. OF COPIES RECEIVED 111 TYPE OF APPLICATION: 1 P&Z Meeting Da~ 1l-1 cl \ \ STEP: . 2 STEP: 2 YES ~~ YES NO YES NO YES NO Paid: Date: PUBLIC HEARING: VESTED RIGHTS: CC Meeting Date PUBLIC HEARING: VESTED RIGHTS: Planning Director Approval: Insubstantial Amendment or Exemption: --------------------------------------------------------------- --------------------------------------------------------------- REFERRALS: ....city Attorney .~ city Engineer Housing Dir. Aspen Water city Electric Envir.Hlth. Aspen Con. S.D. Mtn Bell Parks Dept. Holy Cross Fire Marshall Bldg Inspector Roaring Fork Energy Center School District Rocky Mtn NatGas State HwyDept(GW) State HWYDept(GJ) Other Clean Air Board DATE REFERRED: 7/.;;L INITIALS: ~. ~ 7//0 ---------------------------------------------------------------- ---------------------------------------------------------------- FINAL ROUTING: DATE ROUTED: INITIAL: ___ City Atty ___ City Engineer ___Zoning ___Env. Health ___ Housing Other: FILE STATUS AND LOCATION: .....,.'_"'.r_.,,.-.- r-, ~. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planning RE: Old Library Amended Special Review for On-Site Parking and Cash- in-Lieu for Parking Mitigation DATE: October 20, 1992 ----~------------------------------------------------------~----- ----------------------------------------------------------------- SUMMARY: Design workshop Inc. (DWI) seeks to establish on-site parking and approval of cash-in-lieu for parking mitigation for the Old Library building in the Office zone district. Parking is established by Special Review from the Commission in the Office zone district. The Commission reviewed a parking plan for Design Workshop at the August 4, 1992 meeting. The Commission approved a parking plan for 5 on-site parking spaces and cash-in-lieu for 10 parking spaces (please see attached parking plan, Attachment A). Design Workshop has successfully entered into a contract to purchase a portion of the adjacent US West parking lot. Therefore, the applicant seeks to amend their parking plan to provide more on- site parking. APPLICANT: Design Workshop Inc. as represented by Bill Kane LOCATION: 120 East Main street, Aspen ZONING: Office APPLICANT'S REQUEST: To amend the parking plan that was approved by the Commission in August of 1992 (please see attached amended parking plan, Attachment B). REFERRAL COMMENTS: Please see Attachment C. STAFF COMMENTS: The Old Library parcel was rezoned from Public to Office in April of 1990. As a result of the rezoning the parcel became non-conforming with respect to parking. Unless the parcel were to be redeveloped, required parking cannot be accommodated on- site and the Zoning Code did not allow a reduction of on-site parking beyond 1.5 spaces per 1,000 square feet of office space without alternative mitigation. Consequently, staff was directed by Council to amend the Office zone district to enable alternative parking mitigation when parking cannot be provided on site. Recent text amendments enable reduction of parking in the Office zone district with mitigation by Special Review through the Commission. ,< ,..., ~, DWI has now entered into a contract with US West to purchase a portion of the US West parking lot which is located behind the Old Library parcel. DWI proposes to provide on-site parking, for their building, on the newly acquired us West land. DWI will seek a lot line adjustment from city Council, at the October 26, 1992 meeting, in order to document the acquired property. The net leasable space has been determined to be 5,042 square feet which yields a total parking requirement of 15 spaces. The applicant now proposes to provide 14 on-site parking spaces and make a payment in lieu for the remaining 1 space. However, the applicant must work with staff to ensure that there is enough clearance for spaces 1-9. Pursuant to section 7-404, whenever the off-street parking requirements of a proposed development are subject to establishment and/or mitigation via a payment in lieu by special review the development application shall only be approved if the following conditions are met: 1. In all zone districts where the Off-street parking requirements are subject to establishment and/or mitigation by special review, the applicant shall demonstrate that the parking needs of the residents, customers, guests and employees of the project have been met, taking into acco~nt potential uses of the parcel, the projected traffic generation of the proj ect, the proj ected impacts onto the on-street parking of the neighborhood, its proximity to mass transit routes and the downtown area, and any special services, such as vans, provided for residents, guests and employees. In determining whether to accept the mitigation or whether to require that the parking be provided on-site, the commission shall take into consideration the practical ability of the applicant to place parking on-site, whether the parking needs of the development have been adequately met on-site and whether the city has plans for a parking facility which would better meet the needs of the development and the community than would location of the parking on-site. RESPONSE: DWI intends to purchase the building for their office use. They will not demolish the building but will establish the business in the existing parameters of the structure. Based upon their operational needs the company has calculated that 4,052 square feet of net leasable is necessary for their daily operations and approximately 3,146 square feet is attributed to circulation, bathrooms and storage area. DWI also proposes to lease 1,000 square feet. Thus the total net leasable equals 5,052 square feet. 2 ,...." .~ This new parking plan provides more parking on-site. staff has long encouraged DWI to pursue the purchase of the us West parking lot. The Planning Director, interpreting the Special Review section of the Code, has determined that the Commission does have the ability to review and approve a site specific parking plan. Again, staff supports the proposed parking plan for the following reasons: * The building use. Cars necessary. is under one ownership and one principal can be easily controlled and moved if * The alley behind the old library has been vacated and is now a private access easement off of Garmisch Street. Only one car at a time can pull onto Garmisch street. * A RFTA bus stop and easement that services most primary bus routes is directly in front of the building. * Stacking is already a concept used for residential uses. * If more parking is accommodated on-site less cars will park in the surrounding neighborhood. A payment-in-lieu does not keep cars out of the neighborhoods. * If the parcel were redeveloped, the non-conforming nature of the structure would be required to be rectified. 2. In all zone districts, where the off-street parking requirement may be provided via a payment in lieu, the applicant shall make a one-time only payment to the city, in the amount of $15,000 per space. Approval of the payment- in-lieu shall be at the option of the commission. RESPONSE: To meet the full parking requirement in the Office zone district the building would have to be demolished. To comply with the parking requirement for the remaining parking spaces that will not fit on-site DWI will need to make a payment-in-lieu for a total to be determined by the Planning and Engineering Department. RECOMMENDATION: Staff.recommends approval of the amendment to the approved parking plan for 120 East Main Street and a payment-in- lieu for the parking spaces that cannot be accommodated on-site at $15,000 a space with the following conditions: 1. Prior to the issuance of a certificate of occupancy the applicant shall make a one time payment for one parking space that cannot be accommodated on-site. 3 ,-" /"""", 2. Prior to the issuance of a certificate of occupancy, the applicant shall implement the 'approved parking plan. 3. The applicant shall obtain a tree removal permit for any trees six inches in caliper or greater that are proposed to be removed. 4. A sign shall be posted at the entrance of the driveway off of Garmisch street stating that this is a driveway and do not block. 5. The cars shall only be stacked two deep. 6. surrounding property owners shall be consulted prior to signing the parking spaces. 7. This Special Review is subject to subdivision approval by city Council. RECOMMENDED MOTION: II I move to approve the amendment to the on- site parking plan for 120 East Main and the payment-in-lieu for one parking space that cannot be accommodated on-site, as required in the Office zone district, at $15,000 with conditions 1-7 as amended." ATTACHMENTS: A. Parking Plan approved August 1992 B. Amended parking Plan c. Enqineering Referral Comments 4 ~~,' ,/'''11 .,....." ATTACHMENT A o .~ , 15'-0' I , I I , .~ I J I I I o I I _J ATTACHMENT B AMENDED PARKING PLAN -- ,~ @ ., , ) lARY BUILDING .t-, @J @ 15'-0" - ----,--= -=~. II D- . I , !~ I I ~-- Bike Rack ~ Access Easement Book 202, Page 429 .JJ ~--- /_-- _._.......~.\?",.'/: \ , , I I \ \ --_.. \, " . '- - --.- "31 '. 2\ - ~ 4'! ) , j '-~-_.._..__._- ......... 15.' '.: .~ Du~pster --'l'~1 I, ' , , ~;( I , '- l.--H_ . t.-::i c--=l "j 1 -I /1 " .__L @ 6.; 1) 8' .~ 0\ ~ "u --.------.---,. c- ': I' . Existing Transformer "\ I Relocatec / 1...- r.,. ~. ATTACHMENT C MEMORANDUM To: Leslie Lamont, Planning Office From: Rob Thomson, Project Engineer Date: October 15, 1992 Re: Old Library Special Review - Parking Having reviewed the. submitted drawing, the engineering department has the following comments: 1. Based on the City of Aspen's parking standards and referencing the Institute of Transportation Engineers Transportation and Traffic Engineering Handbook, the current parking configuration does not work. The new spaces along the north property line need to have a minimum of24 feet of clear space between the end of the stall and the wall, this is to facilitate turning movements. The parking plan submitted only has 15 feet. 2. In examining angle parking, both 45 degree and 60 degree, I find that there will be 4 less spaces and 2 less spaces respectively. Only the 45 degree parking meets the minimum clearance standard. It is staffs position that angle parking would be a more practical design for this site. 3. Although stacking was permitted in the previous review, spaces 13 and 14 appear to be in conflict with the access to the other parking spaces. Recommended Conditions 1. The applicant shall resubmit a drawing depicting the new property lines with planned site improvements and a revised parking configuration. 5 -I ~. . Ci.ty counci.l hh....it-B.- Approved , It _ By Ordinance .r-\ SUbdivision US West and DWI have entered into a 2 parcel subdivision in order to adjust their property boundaries and convey 2,520 square feet of land to DWI. 1. Pursuant to section 7-1004 C.1., the General Requirements for subdivision are as follows: (a) The proposed development shall be consistent with the Aspen Area Comprehensive Plan. RESPONSE: The intent of the subdivision proposal is to enable Design Workshop Inc. to provide more on-site parking. The Aspen Area Comprehensive Plan does not specifically address this property or the recent zone changes to the Design Workshop property. (b) The proposed subdivision shall be consistent with the character of existing land uses in the area. RESPONSE: Existing land uses in the area include office and lodge along Main Street and residential on Bleeker Street. The focus of months of work with Design Workshop has been parking mitigation. The provision of more on-site parking to accommodate office use in the Old Library building dissuades occupants of the building from parking in adjacent neighborhoods. This subdivision helps to maintain the existing character of the neighborhood. In addition, many uses along Main street provide customer/employee parking at the rear of their buildings. The existing character of the us West parcel or surrounding properties will not change. Because the small piece that is being conveyed to DWI is at the rear of the property, the appearance from the street of the us West lot from the street should not change significantly. (c) The proposed subdivision shall not adversely affect the future development of surrounding areas. RESPONSE: Other than redevelopment of the us West property, the only parcel left with substantial development potential on this block are Lots A & B totaling 6,000 square feet. currently there is a nonconforming fourplex on the property. Future development of this property is not affected by this subdivision. (d) The proposed subdivision shall be in compliance with all applicable requirements of this chapter. RESPONSE: The subdivision is intended for on-site parking only. If Design Workshop proposed to expand the building, the acquired parcel would be considered additional lot area for floor area purposes if rezoned to Office. However, any additional development would require a growth management review process including ~ h mitigation for open space, parking and employee housing. The US West parcel is zoned R-6 and the required minimum lot area in the R-6 zone district is 6,000 square feet. After the subdivision, US West will retain 16,500 square feet of land which complies with underlying zoning. This is enough lot area in the R-6 zone district to allow future development of either a single family or duplex residence. The switching station is a nonconforming use in the R-6 zone district and cannot expand. If the property were redeveloped a single family or duplex residence is the only permitted use in this zone district. If US West seeks to develop their property for more than two dwelling units, all applicable chapters of the Municipal Code, including SUbdivision, rezoning and GMP would apply. 2. Pursuant to section 7-1004 C. 2 - 5, the pertinent subdivision requirements are as follows: (a) Land Suitability - The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rock slide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. RESPONSE: There are no natural hazards that exist on the site that would endanger the welfare of future residents. However, Design Workshop shall work with the Engineering Department to ensure that historic drainage patterns are retained in the new parking lot. (b) spatial Pattern - The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of pUblic facilities and unnecessary pUblic costs. RESPONSE: There are no unnecessary public costs associated with this proposal. 3 & 4. Improvements and Design Standards - following is a review of the relevant subdivision standards: (a) ELECTRIC, TELEPHONE, NATURAL GAS AND CABLE TV - The electric transfor~er shall remain in the current location but two out of the three telephone pedestals will be relocated. (b) DRAINAGE - A drainage plan, complete with calculations must be provided by an engineer registered in the State of Colorado and submitted to the Engineering Department to ensure that historic drainage patterns are retained in the new parking lot. ~. .~ RESPONSE: This rezoning will have no affect on public facilities. f. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: It is necessary to relocate or replace a very large spruce tree pursuant to a tree relocation permit. g. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: The proposal to provide on-site parking combined with payment-in-lieu helps keep employee parking out of adjacent neighborhoods and helps fund the parking program. h. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: In 1961 the alley on this block was vacated. Nine hundred square feet of the land being conveyed to Design Workshop Inc. is the vacated alley. In 1990, the Design Workshop parcel was rezoned from Public to Office. The Office zone district requires more stringent parking requirements than Public. These two events support the rezoning from R-6 to Office to facilitate Design Workshop's parking plan. i. Whether the proposed amendment would be in conflict with the pUblic interest, and is in harmony with the purpose and intent of this chapter. RESPONSE: policy. The amendment is consistent with established public ,.D9 t~\\"" ~\'dl~ ;(t \;J~ ~I[OO~ V5i \)l1lW6ft~It.J ~ NOcU C1>N_ ~ Oft-?IVlii f'/11t1~{tdl". ~. ..-." MEMORANDUM TO: Aspen Planning and Zoning commission FROM: Leslie Lamont, planning RE: Old Library Special Review for On-site Parking and Cash- in-Lieu for Parking Mitigation DATE: August 4, 1992 ================================================================= . SUMMARY: Design Workshop Inc. (DWI) seeks to establish on-site parking and approval of cash-in-lieu for parking mitigation for the Old Library building in the Office zone district. Parking is established by Special Review from the Commission in the Office zone district. Staff recommends approval of the cash-in-lieu for 10 spaces and five on-site parking spaces. APPLICANT: Design Workshop Inc. as represented by Bill Kane LOCATION: 120 East Main Street, Aspen ZONING: Office APPLICANT'S REQUEST: To establish on-site parking spaces and a cash-in-lieu payment for parking through the Special Review process (please see attached site plan, Attachment A). REFERRAL COMMENTS: Please see Attachment B. STAFF COMMENTS: The Old Library parcel was rezoned from Public to Office in April of 1990. As a result of the rezoning the parcel became non-conforming with respect to parking. Unless the parcel were to be redeveloped, required parking cannot be accommodated on- ~ site and the Zoning Code did not allow a reduction of on-site .\~I'-'~ parking beyond 1.5 spaces per 1,000 square feet of office space ~ij~ d\ without alternative mitigation. Consequently, staff was directedf1b~ by Council to amend the Office zone district to enable alternative parking mitigation when parking cannot be provided on site. Recent text amendments enable reduction of parking in the Office zone district. w'th mitigation by ~pecial Review th~ough the Commission. J..", ,;W.l,' <:4$ Iii Ilev, ~_J .,/ "lWv vv- 'I ' otf-:;i/€. ftMj~.ir1 -onfj fUH ohlLnq.e. DWI is proposing to purchase the buildin~rom pitkin Cotlhty. The net leasable space has been determined to be 5,042 square feet which yields a total parking requirement of 15 spaces. The applicant has proposed to place five parking spaces on-site and make a payment in lieu for the remaining 10 spaces (please refer to attachment A). ~~a~ f'€Jfe:-Kdv/ (I'I151:f-e- --tW1J CD ooh @~.;;t;. jWk~ Pu~ of- 5~~rew ";<> 1t4SiJ(2e., 5jJ.e.; Ope<<1io K VieuJ oPf- ')TflGE1 p~klf(i' Pursuant to section 7-404, I(whenever the off-street parking requirements of a proposed development are subject to establishment and/or mitigation via a payment in lieu by special review the development application shall only be approved if the following conditions are met: II 1. ~t vJ ~H ltJM fkh~flr~ ? t> ~ilZ~7S ~ In all zone districts where the off-street parking requirements are subject to establishment and/or mitigation by special review, the applicant shall demonstrate that the parking needs of the residents, customers, guests and employees of the project have been met, taking into account potential uses of the parcel, the projected traffic generation of the project, the projected impacts onto the on-street parking of the neighborhood, its proximity to mass transit routes and the downtown area, and any special services, such as vans, provided for residents, guests and employees. n determining whether to accept the mitigation or whether to ~~ require that the parking be provided on-site, the ~ommission shall take into consideration the practical ability of the applicant to place parking on-site, whether the parking needs ~ of the development have been adequately met on-site and whether the city has plans for a parking facility which would better meet the needs of the development and the community than would location of the parking on-site. RESPONSE: DWI intends to purchase the building for their office use. They will not demolish the building but will establish the business in the existing parameters of the structure. Based upon their operational needs the company has calculated that 4,052. square feet of net leasable is necessary for their daily .operations and approximately 3,146 square feet is attributed to circulation, bathrooms and storage area. DW! also proposes to lease 1,000 square feet to the Aspen/Pitkin Housing Authority. Thus the total net leasable equals 5,052 square feet. /lI-I\t~ By virtue of ~ccess easement across the northern 15 feet of the propert the west and connecting to Garmish Street, DWI proposes to delineate five parking spaces on-site utilizing two spaces for stacked parking. The Planning ni~9~tor, interpreting the Special Review section of the Code, has determined that the Commission does have the ability 1;,0 review and apprOVF> a site specific parking' plan. Although Section 24-5-302 A., requires that "each parking space, except those provided for detached residential dwellings and duplex dwellings, shall have a public unobstructed area for access to a street or alley" the Director's interpretation provides the o 's ion i ilit throu h the S ecial Review language to review and recommend on this parkinq plan for the parce . 2 f""""'\. ~ staff supports the proposed parking plan for the following reasons: * (< 0\/. A(J-.\t * ~> ~~ The building use. Cars necessary. is under one ownership and one principal can be easily controlled and moved if The alley behind the old library has been vacated and is now a private access easement off of Garmisch street. Only one car at a t1me can pull onto Garmisch street. * A RFTA bus stop and easement that services most primary bus routes is directly in front of the building. * staCking is already a concept used for residential uses. * If more parking is accommodated on-site less cars will park in the surrounding neighborhood. A payment-in-lieu does not keep cars out of the neighborhoods. * If the building were condominiumized, a stacked parking arrangement would not be appropriate because of multiple owners equal less control of parking. * If the parcel were redeveloped, the non-conforming nature of the structure would be required to be rectified. In addition DWI is pursuing a long-term lease with us West which owns the switching station and adjacent parking behind the old library parcel. The switching station has become virtually self- operating with the need for a warm body only once a week. In the event that DWI secured a long-term lease for the parking lot then a significant amount of parking could be located adjacent to the old library parcel and some additional parking may fit on the old library site. DWI would like the opportunity in the future to request an amendment of their parking plan and a reimbursement from the payment in lieu for the number of spaces being provided on- I site and off-site. codL vvr~1~ ~t o.!tllolS fZ.t/l/Yl'l~ In all zone districts, where the off-street parking requirement may be provided via a payment in lieu, the applicant shall make a one-time only payment to the city, in the amount of $15,000 per space. Approval of the payment-in-lieu shall be at the option of the commission. RESPONSE: To meet the full parking requirement in the Office zone district the building would have to be demolished. To comply with the parking requirement for the remaining 10 parking spaces DWI proposes a payment in lieu for a total payment of $150,000. Because DWI may secure a long-term lease with us West for adjacent parking some payment in lieu may be reimbursed. staff recommends that a portion of the payment in lieu be restricted within the 3 ~/llA(I1~ f(\-Jfr Of. flbJtj . k~ 2 ~jl~ n ,-.., r-, for one year from the time of approval, in a reimbursement. Reimbursement will be dependent lease with US West and subject to approval by the parking Fund, anticipation of upon a long-term commission. RECOMMENDATION: Staff recommends approval of five on-site parking spaces for 120 East Main street and a payment in lieu for the remaining 10 parking spaces at $15,000 a space with the following conditions: 1. Prior t-n tae iss!lance of any bui lding permits or occupancy qertificate the applicant shall make a one time payment ror $150,000 to the Parking Fund, a portion of which shall be secured for reimbursement purposes for one year from this approval. A receipt shall be copied to the Planning and Building Departments upon payment. The amount that is secured will depend upon the parking capacity of the us West parking lot. The applicant shall work with the Planning and Engineering Departments to determine the permitted number of parking spaces. 2. Prior to the issuance of any building permits or certificate of occupancy, the applicant shall create and sign five on-site parking spaces pursuant to the attached site plan. 3. The applicant shall obtain a tree removal permit for any trees 6" in caliper or greater that are proposed to be removed. 4. If Design Workshop Inc. secures a long-term lease from us West for adjacent parking, this parking plan shall be reviewed and amended by Planning and the Commission to reflect the adjacent off- site parking and any new on-site parking spaces. Design Workshop Inc. shall be refunded the commensurate amount of payment in lieu based upon the amended parking plan. 5. A sign shall be posted at the entrance of the driveway off of . ~ Garmisch Street stati~~ that this is a driveway and do not block, p~or- 1S<7JM\CP- 0/. cu-h'f,'~ a:r CJC(}v{J3v1()I.{ "S 0 '-t2- 6. If th~building is cond6miniumized or more than ~2 square feet of net leasable space is SUb-let, approval shall be contingent upon only three on-site parking spaces. The applicant shall have the option to provide off-site parking subject to review by the Planning Department and Planning and Zoning commission or a payment-in-lieu for the two parking spaces that will be eliminated with the condominiumization or SUb-letting of the building. 7. The cars shall only be stacked two deep. 8. Surrounding property owners shall be consulted prior to signing the parking spaces. 9. provisions for snow and trash storage on site shall be reviewed by the Engineering Department. 4 , ~ ~-d- .:31 CUV ~ tmf i-/tm15 ~ ~~ I"'" .~. RECOMMENDED MOTION: I move to approve the on-site parking plan for 120 East Main and the payment in lieu of $150,000 for the remaining parking that is required in the Office zone district with conditions 1-9 as stated above. ATTACHMENTS: A. Site Plan B. Engineering Referral Comments 5 --- . ~ ,-., ATTACHMENT B MEMORANDUM To: Leslie Lamont, Planning Office From: Rob Thomson, Project Engineer Date: July 29, 1992 Re: Old Library Special Review - Revised Having reviewed the above application, and having made a site inspection, the engineering department has the following comments: 1. The application is showing the vehicle parking in a stacked configuration. Section 5-302.A of the municipal code states that spaces must have unobstructed access to a street or alley. Stacking is an obstructed access and in general not very practical. However, stacking is permitted in detached residential and duplex dwellings and could work on this site. Physically there is room to configure five parking spaces on site. There will be an increase in noise and general congestion with the new parking plan, quite possibly having a negative effect on the surrounding property owners. The vehicles should only be stacked two deep and there also should be provisions for snow storage. 2. In addition to the code, there is concern that the shuffling of vehicles will create additional congestion on the street. Also, there is an existing problem with people blocking this driveway. There should be a sign posted at the entrance of the drive off Garmisch stating that this is a driveway and do not' block. 3. There are some very large shrubs that will need to be removed to accommodate the parking spaces as shown. Recommended Condition of Approval 1. Section 5-302.A of the land use regulations does not allow stacked spaces for this land use. If, by this special review, stacking is allowed the following recommendations should apply: a. The cars only be allowed to be stacked two deep. b. The surrounding property owners be consulted. c. provisions for snow storage. d. A sign place at the driveway entrance on Garmisch. 6 (""'\ ,-". Recommended Condition of Approval 1. section 5-302.A of the land use regulations does not allow stacked spaces for this land use. If, by this special review, stacking is allowed it is staff's recommendation that the stacking only involve two cars, not three, and only receive partial credit for the stacked space. STAFF COMMENTS: The Old Library parcel was rezoned from Public to Office in April of 1990. As a result of the rezoning the parcel became non-conforming with respect to parking. Unless the parcel were to be redeveloped, required parking cannot be accommodated on- site and the Zoning Code does not allow a reduction of on-site parking beyond 1.5 spaces per 1,000 square feet of office space without alternative mitigation. Consequently, staff was directed by Council to amend the Office zone district to enable alternative parking mitigation when parking cannot be provided on site. Recent text amendments enable reduction of parking in the Office zone district with mitigation by Special Review through the Commission. DWI is proposing to purchase the building from Pitkin County. The net leasable space has I;>een determined to be 5,042 square feet which. yields a total parking requirement of 15 spaces. The applicant has proposed to place five parking spaces on-site, please refer to attachment A, and make a payment in lieu for the remaining 10 spaces. Pursuant to Section 7-404, whenever the off-street parking requirements of a proposed development are subject to establishment and/or mitigation via a payment in lieu by special review the development application shall only be approved if the following conditions are met: ,,;., 1. In all zone districts where the off-street parking requirements are subject to establishment and/or mitigation by special review, the applicant shall demonstrate that the parking needs of the residents, customers, guests and employees of the project have been met, taking into account potential uses of the parcel, the projected traffic generation of the project, the proj ected impacts onto the on-street parking of the neighborhood, its proximity to mass transit routes and the downtown area, .and any special services, such as vans, provided for residents, guests and employees. In determining whether to accept the mitigation or whether to require that the parking be provided on-site, the commission shall take into consideration the practical ability of the applicant to place parking on- 2 1""'. ~. site, whether the parking needs of the development have been adequately met on-site and whether the city has plans for a parking facility which would better meet the needs of the development and the community than would location of the parking on-site. RESPONSE: DWI intends to purchase the building for their office use. They will not demolish the building but will establish the business in the existing parameters of the structure. Based upon their. operational needs the company has calculated that 4,052 square feet of net leasable is necessary for their daily operations and approximately 3,146 square feet is attributed to circulation, bathrooms and storage area. DWI also proposes to lease 1,000 square feet to the Aspen/Pitkin Housing Authority. Thus the total net leasable equals 5,052 square feet. By virtue of a public access easement across the northern 15 feet of the property to the west and connecting to Garmish street, DWI proposes to delineate five parking spaces on-site utilizing two spaces for stacked parking. staff cannot support the stacked parking arrangement. Section 24- 5-302 A., requires that "each parking space, except those provided for detached residential dwellings and duplex dwellings, shall have a public unobstructed area for access to a street or alley." In addition, DWI is aggressively pursuing a long-term lease with us West which owns the switching station and adjacent parking behind the old library parcel. The switching station has become virtually self-operating with the need for a warm body only once a week. In the event that DWI secured a long-term lease for the parking lot then a significant amount of parking could be located adjacent to the old library parcel and some additional parking may fit on the old library site. DWI would like the opportunity in the future to request an amendment of their parking plan and a reimbursement from the payment in lieu for the number of spaces being provided on-site and off-site. 2. In all zone districts, where the off-street parking requirement may be provided via a payment in lieu, the applicant shall make a one-time only payment to the city, in the amount of $15,000 per space. Approval of the payment-in-lieu shall be at the option of the commission. RESPONSE: To meet the full parking requirement in the Office zone district the building would have to be demolished. To comply with the parking requirement for the remaining 12 parking spaces DWI proposes a payment in lieu for a total payment of $180,000. Because DWI may secure a long-term lease with us West for adjacent parking some payment in lieu may be reimbursed. Staff recommends 3 ,-., ".-,\ that a portion of the payment in lieu be restricted within the Parking Fund, for one year from the time of approval, in anticipation of a reimbursement. Reimbursement will be dependent upon a long-term lease with US West and subject to approval by the Commission. RECOMMENDATION: Staff recommends approval of three on-site parking spaces for 120 East Main street and a payment in lieu for the remaining 12 parking spaces at $15,000 a space with the following conditions: 1. Prior to the issuance of any building permits or occupancy certificate the applicant shall make a one time payment for $180,000 to the Parking Fund, a portion of which shall be secured for reimbursement purposes for one year from this approval. A receipt shall be copied to the Planning- and Building Departments upon payment. The amount that is secured will depend upon the parking capacity of the us West parking lot. The applicant shall work with the Planning and Engineering Departments to determine that number. 2. Prior to the issuance of any building permits or occupancy certificate the applicant shall create and sign three on-site parking spaces pursuant to the attached site plan. 3. The applicant shall obtain a tree removal permit for any trees 6" in caliper or greater that are proposed to be removed. 4. If Design Workshop Inc. secures a long-term lease from US West for adj acent parking, this parking plan shall be reviewed and amended by Planning and the Commission to reflect the adjacent off- site parking and any new on-site parking spaces. Design Workshop Inc. shall be refunded the commensurate amount of payment in lieu based upon the amended parking plan. 5. A sign shall be posted at the entrance of the drive off of Garmisch stating that this is a driveway and do not block. RECOMMENDED MOTION: I move to approve the on-site parking plan for 120 East Main and the payment in lieu of $180,000 for the remaining parking that is required in the Office zone district with conditions 1-4 as stated above. 4 ,-" ~ MEMORANDUM TO: Aspen Planning and Zoning commission FROM: Leslie Lamont, Planning RE: Old Library Special Review for On-site Parking and Cash- in-Lieu for Parking Mitigation DATE: July 21, 1992 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: Design Workshop Inc. (DWI) seeks to establish on-site parking and approval of cash-in-lieu for parking mitigation for the Old Library building in the Office zone district. Parking is established by special Review in the Office zone district. Staff recommends approval of the cash-in-lieu for 12 spaces and three on-site parking spaces. APPLICANT: Design Workshop Inc. as represented by Bill Kane LOCATION: 120 East Main street, Aspen ZONING: Office APPLICANT'S REQUEST: To establish on-site parking spaces and a cash-in-lieu payment for parking, please see attached site plan. REFERRAL COMMENTS: Engineering application comments: and The Engineering Department has inspected the site and offers reviewed the the following 1. The application is showing the vehicle parking in a stacked configuration. Section 5-302.A of the municipal code states that spaces must have unobstructed access to a street or alley. Stacking is an obstructed access and in general not very practical. Stacking is permitted in detached residential and duplex dwellings, which has only involved two cars and not three. Staff would not recommend that the applicant get full credit for a stacked space. 2. In addition to the code, there is concern that the shuffling of vehicles will create additional congestion on the street. Also, there is an existing prOblem with people blocking this driveway. There should be a sign posted at the entrance of the drive off Garmisch stating that this is a driveway and do not block. 3. There are some very large shrubs that will need to be removed to accommodate the parking spaces as shown. r~ .1"""\ MEMORANDUM To: Leslie Lamont, Planning Office From: Rob Thomson, Project Engineer ~~ Date: July 15, 1992 Re: Old Library Special Review Having reviewed the above application, and having made a site inspection, the engineering department has the following comments: 1. The application is showing the vehicle parking in a stacked configuration. Section 5-302.A of the municipal code states that spaces must have unobstructed access to a street or alley. StaCking is an obstructed access and in general not very practical. StaCking is permitted in detached residential and duplex dwellings, which has only involved two cars and not three. Staff would not recommend that the applicant get full credit for a stacked space. 2. In addition to the code, there is concern that the shuffling of vehicles will create additional congestion on the street. Also, there is an existing problem with people blOCking this driveway. There shOUld be a sign posted at the entrance of the drive off Garmisch stating that this is a driveway and do not block. 3. There are some very large shrubs that will need to be removed to accommodate the parking spaces as shown. Recommended condition of Approval 1. Section 5-302.A of the land use regulations does not allow stacked spaces for this land use. If, by this special review, stacking is allowed it is staff's recommendation that the stacking only involve two cars, not three, and only receive partial credit for th~ stacked space. cc: Chuck Roth, City Engineer rt/CASELOAD92.018 -' _..__-..1..., _ ,...." ,-( ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5197 MEMORANDUM TO: City Engineer FROM: Leslie Lamont, Planning Office RE: Old Library Special Review DATE: July 2, 1992 Attached for your review and comments is an application submitted by Design Workshop requesting Special Review approval for 120 E. Main Street. Please return your comments to me no later than July 10, 1992. Thank you. ^ ,-., Design Workshop, Inc. Ms. Leslie Lamont July 1, 1992 We look forward to your review and we appreciate your assistance. If you have any questions, please do not hesitate to contact me. Sincerely, Design Workshop, Inc. By: ~$;,4ft~ Will Lam G. Kane, Partner WGK/msm Encl: permission to apply: r/a# C.A. Vidal, Chairman Pitkin County Libary Board as agent for Pitkin county ,....\ '-"'. Design Workshop, Inc. Landscape Architecture Land Planning Urban Design June 30, 1992 710 E. Durant Ave. Aspen, Colorado 31611 Telephone :30:3 925-8354 Ms. Leslie Lamont Aspen/Pitkin County Planning Office 130 South Galena Street Aspen, Colorado 81611 Dear Ms. Lamont: Facsimile Please accept this package as an application for Special Review Approval to permit a combination of on-site parking and the substitution of cash-in-lieu to meet off-street parking associated with our pending purchase of the old library building at 110 East Main. :303 920-1:337 Denver As you know, we have made a full price offer to Pitkin County for the building, listing approval of parking mitigation as a contingency to this offer of purchase. Phoenix To summarize ~his application, we have calculated our net leasable space to be 5,042 sf. which at three spaces/l,OOO sq. ft. yields a total requirement for 15 spaces. We believe that we can accommodate five spaces on-site leaving 10 spaces to be mitigated via payment of cash- in-lieu. We are requesting that the Planning Commission make a finding that our five on-site spaces are valid and that the balance can be met through cash-in-lieu. Attached is our check and the required attachments including legal description, vicinity map, title insurance certificate, and proposal description. Any of the five owners of Design Workshop are authorized to act on our behalf. They include: Joe Porter, Don Ensign( Kurt Culbertson, Richard Shaw, and myself. DESIGNWORKSHOP ,,-...., ,,-...., Design Workshop, rnc. Description of Prooosal The former Pitkin County Library building will be turned from public ownership to private ownership, with the sale of the building. With this zoning change, the new ownership must meet parkingreguirements. This proposal addresses mitigation of parking requirements associated with the old library building. 1. Net leasable space is determined to be 5,042 sq. ft. This yields a total parking requirement of 15 spaces. 2. Exhibit A illustrates the feasibility for the location of five spaces on-site. Access to these spaces is provided by virtue of a public access easement across the northern 15 feet of the property to the west and connecting to Garmish street. 3. The essence of the request is to find that the on-site parking plan is valid and that the balance of the spaces required (10) may be met via payment by cash-in-lieu. 4. We believe that this approach is encouraged by ordinance #35 of 1992 and the following are offered as supporting considerations: a. The findings cited as a basis for the ordinance indicate a desire to consider "pre-existing nonconformities which by their allowance might serve to protect buildings from modifications or demolition." b. The parking spaces, while "stacked," do represent a practical solution in that the building will be under one ownership and one principal use. Cars can easily be controlled and represent UQ programmatic problems. c. The Housing Authority is proposed as a tenant and their employees are provided free transit usage. d. All major bus routes have a stop at the front door of the building. 5. The old library building is an appropriate example of cash-in- lieu as intended by Ordinance 35, 1992. provision of the full requirement of three spaces/l,.OOO sq. ft. is impossible to meet without demolition. The building is on all City and County transit routes and as a firm, we have a high percentage of transit riders, bike riders and walkers. ,-., .ro Design Workshop, Inc. 6. The Housing office is proposed as a prime tenant and all employees have free transit privileges and a major bus stop at the front door. 7. provision of greater than ten spaces via cash-in-lieu make the prospect of meeting a full price offer difficult in light of financing and value realities. .> ~ Jq.:s-" - <f :l...... 1) 2) 1""". .AT.I'AOlMENl' 1 l.J\ND USE APPLICATICN :roRM Project Nama {fJ"UJ J.113/?IJ;t2Y , {])uJN:;15 {JP {Joe Project ItJcation tIfl7c~ M. /I. tJ . oj:. ,8,J()e;.!{;; G , , / 20j€. f/l-f)/IY $7: A<~ (10. g/fR f' (inlicate street address, lot & . blcx::k , legal description whel:e awrqlriate) Present Zoning 6 - &rrcr!t 4) lot size 8, cw sf . , Awlicant's Nama, 1\ddress & :axme # 1JB3/(//V lldJfi!)::f;)J(J.P /A-C- 11ft) E PORMr) P/W) d"2.. ,4/()?// Representative's Name, 1\ddress & Ib::>ne # ) t<l1).)./,(JH r-;. 1<f<JN'~ 71(). Ii, lXjRA#il)~;Y; tf). R/fil/ C::;Zs-flMt/ 'J:Ype of Awlication (please dIeck all that awly): . 3) 5) 6) 7) Conlitional Use ..,./ SJ?E'<"i" 1 Review 8040 Greenlme _ Canoeptual SPA Final SPA _ CClOOepbla1 Historic Dev. ~ Final Historic Dev. _ Canoeptual roo _ Minor Historic Dev. . _ Historic D3r0lition _ Historic Designation _ GtlS AllobJalt _ GtlS Exen1?tion _ stream Margin Mxmt:ain view Plane , Final roo SUbdivision Cb1'xhnini.umization _ TextjMap ~ . _ lot spUtjIDt Line 1\djtlSt:oe'rt: 8) Description of Exist:in:J Uses (p1lThPr an:! t}lpe. of ex:istin;J sb:uctm:es; awraximate sq. ft.; nmi:Jer of b..h.uaJS; any previcu; ag>rovals granted to the pl::'q)erty) . ~ t!OJ $,;:' tYN/hYT )jbR~Y i8a/..<;D/~ 9) Description. of Develq;:nent. Awlication /ZEf[UWJ/ /?);e ~(9t?E~i5 Cf.P I.) NY- )f?~:E @4??f~A6 .3 .)C*./? .-/JV- .)/~V . z.) l~ CJN c$o;E. P/?/E'/#~ :!/~s /if/:.. P,-(1-/Z;t:/Ht7- 10) Have yw attad1ed the followirg? ~ Response to AttadmIent 2, M:inimJm Snhni<<...ion Contents ~ Response to Attadlment. 3, SpeCific Snhni<<...ion Oantents -L Response to AttaLiw""llL 4, Review starmms for Your AwUcation .:c" Itkin ounty , "brary .-.~ " 120 East Main Street Aspen, Colorado 81611 ,-... ~ , ' PITKIN COUNTY 1.IBRARY BUILDING 120 East Main St~~et A.spen, Colorado LEGAL DESCRIPTION OF PROPERTY In the County of Pitkin, and State of Colorado. the Easterly 20 feet of Lot M. all of lot N and all of ~ot O. 1n Block 66. and the Southerly 10 feet of the vacated alley through the block adjacent and contiguous to said Lots N, 0 and the Easterly 20 feet of Lot M. Block 66. in the City and Townsite of Aspen. Colorado. also. but without warranty. an easement as described in Book 202 at Page 429. Pitkin County Clerk and Recorder's Office for joint use for purposes of egress and ingress only. to the. above 4escribed property. over and across the northerly 15 feet of LO~$ K and L and the Westerly 10 feet of Lot M. and the Southerly 10 feet of the alley through the block adjacent and contiguous to said lots. [From Book 213. Page 477; Pitkin County Clerk and Recorder's Office) OWNER The Board of County Commissioners of Pitkin County. Colorado Building with brick exterio~ built in 1966 by the Architectural Firm of Frederic A. Benedict APPROXIMATE GROSS SQUARE FOOTAGES Basement 2760 (including 342 Sq. Ft. Furnace Ro~) Garden Level 1385 Main Level 2542 Mezzanine 1401 Total 8088 i , i , [ < rw;i:::'-"c~~~ -:-=::-----,.~-~ /"""'\. .:::::;:-~ '~ Ii: ~ , ...,; ~ I tlI m Q, I Eo< c e ~ II ~ ~ ~ '" z . @ . 0 a::ci:. U 'G "Qu 00 wo Ii! ~ ~ ... wf-~ ~ Z .:: ....<1> ~ uZO> ~ _u _w~ ~ ,....'l < . ~~ .J:: IL.U<C Eo< 'E '" ~ r;;; U.zO- 0 Eo< ~ ... <> ~ OZ<i .... " '" 11 ill ~ ~ .... p c ~ ww- . ~ I! Eo< oJ = I:: :;;:0-:1: r/1 " Of-~ ~ c 0';; ~ z a .!:; xi3w 0 'C ~~ .l!! . _0 .... e ~ w:5 U < i=:: J: co 0"8 0- ~ Uj " ~ co ~. - ""'''''-:;5 ",-Jar: --- .,~, _~..,~_~. ~ ,~~~_ ...~._ _~,,_~_...:.,_. .::_.__~".",~_"""".~",,~~;:;;':'::'~~)ll;~,:~j'_.__;,"~~~ ,[ .c~._-~_~..~~,~::.;,::::::-J: .' ~. 1"'"'\ <, Commitment For Title Insurance Commonwealth Land Tille Insurance Company, a Pennsylvania corporation, herein called the company, for a valuable con~ sideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured narned in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall be issued, whichever first occurs, prOVided that the failure to issue such policy or policies is not the fault of the company. IN WITNESS WHEREOF, the said Company has. caused its Corporate Name and Seal to be hereunto affixed; this instrument, including Commitment, Conditions and Stipulations attached, to become valid when countersigned by an Authorized Officer or Agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY "'''~/fJjrJ:. "jU/ ~ ~_, Conditions and Stipulations I. The term mortgage, when used herein. shall include deed of I1'1lst, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the defmition of Insured in the form of policy or policies committed for and only for actual 10.. incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions. the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. PA3 American land TIHe Association Commitment - 1966 Cove, Page Form 1004-8 rrfit Commonwealth.. r-, . "S Land Title Insurance Company ~ COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective date: 06/05/91 @ 3:27 P.M. Case No. PCT-3477 C3 2. Policy or policies to be issued: (a)ALTA Owner's Policy-Form B-1970 (Rev. 10-17-70 & 10-17-84) or 10/21/87 PROPOSED INSURED: PROFORMA Amount $ PROFORMA Premium $ (b)ALTA Loan Policy, (REV. 10-21-87) PROPOSED INSURED: Amount $ Premium $ (c)Alta Loan Construction Policy, 1975 (Rev. 10-17-84) PROPOSED INSURED: Amount $ Premium $ Tax Cert. $ 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO. 4. The land referred to in this Commitment is described as follows: PLEASE REFER TO EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Countersigned at: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS ASPEN, CO. 81611 303-925-1766 Fax 303-925-6527 schedule A-PG.1 This Commitment is invalid unless the Insuring provisions and 5chedul.s A and B are attached. Authorized officer or agent ~ or,. ~Q"crl "' ~. . ~. Commonwealth.. . :."L:;;3 Land Title Insurance Company .~\ EXHIBIT "A" THE EASTERLY 20 FEET OF LOT M, ALL OF LOTS NAND 0, BLOCK 66, AND THE SOUTHERLY 10 FEET OF THE VACATED ALLEY THROUGH THE BLOCK ADJACENT AND CONTIGUOUS TO SAID LOTS NAND 0, AND THE EASTERLY 20 FEET OF LOT M, BLOCK 66, CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO ."""". . mil" Gommonwealth.. : L.::;;I. Land Title Insurance Company . ~~ ~ """".. SCHEDULE B-SECTION 1 REOUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: 1. Resolution by the Board of County Commissioners of Pitkin County, Colorado, and/or evidence satisfactory to Pitkin County Title, Inc., and Commonwealth Land Title Insurance Company, that the Electorate approves of the sale and subsequent conveyance. 2. Deed, executed by the Chairman of the Board Commissioners of Pitkin County, Colorado To TBD of County 3. Certificate of assumed name of with '73 CRS 7-71-101, indicating the use of , as the assumed name under which doing business. , in accordance the name of , is 4. Pitkin County Title, Inc., and Commonwealth Land Title Insurance Company, reserves the right to make additional requirements as they deem necessary upon naming of proposed insureds. 5. Certificate of Nonforeign Status of Transferor signed by Transferor. 6. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. 7. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor, as required by H.B. 1288, Notice to County Assessor, has been complied with and that no fees or penalties exist or are currently due. This commitment is invalid unless the Insuring provisions and Schedules A and B are attached. Schedule B-Section 1 PG.l Commitment No. PCT-3477 C3 c ria' Commonwealth."'" : ,.~. Land Title Insurance Company ,-" . SCHEDULE 8 SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the, Company: 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. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations as contained in Mayors Deed's recorded in Book 23 at Page 20; Book 23 at Page 105 and in Book 59 at Page 14 as follows: That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws. 8. Terms, conditions, restrictions and reservations as set forth in Ordinance No.2 (Series of 1961) vacating, alley in Block 66, recorded in Book 194 at Page 7. 9. Terms, conditions. restrictions and reservations of easements and right of way as set forth in Deed recorded in Book 202 at Page 429. 10. Terms, conditions, restrictions, reservations, provisions and obligations as set forth in Ordinance No. 88-6 approving an easement upon County Land, recorded in Book 593 at Page 529. 11. Terms, conditions, restrictions, reservations, provisions and obligations as set forth in Easement Agreement recorded June 5, 1991 in Book 647 at Page 767. This commitment is invalid unless the Insuring provisions and Schedules A and B are attached. schedule B-Section 2 PG.1 Commitment No. PCT-3477 C3 _. ~ ~ommonwealth.""'" , ~ Land Title Insurance Company ,.-, ., .. SCHEDULE a-SECTION 2 CONTINUED Exceptions numbered NONE are hereby omitted. The Owner's Policy to be issued, if any, shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule a-section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing issueance thereof; water rights, claims or title to water. Pursuant to Insurance Regulation 89-2; NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners' closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". This commitment is invalid unless the Insuring provisions and Schedules A and a are attached. Schedule a-Section 2 Commitment No. PCT-3477 C3 f "i.;)....J ~ };w.,;~;,; " <: r :r> :r> -< Z '" -< '" "'0 ct"' trlti . t"' s::.... .. tl:l _.::0 I> ~ '< ~< ~ - ? (') ",,- <;:;z 0- ;;;~ "'-<: .""""". ~ ~~~ ~ MESSAGE DISPLAY TO Leslie Lamont From: Chuck Roth Postmark: May 24,94 4:58 PM Subject: Old Library - U.S. West/Design Workshop Message: I looked at Craig Hansen's plans - (I hope you had a great vacation) - I could not find from the Ord. 82 (92) about parking approvals. He labeled 13, but there is a 14th there. 3 or 4 are functionally stacked - if that was approved, it's ok. Spaces 1-4 are 6" too narrow and he will widen them out. May I leave the rest with you? Thank you -------========x========------- ( ( ( :i " Ii' 1 Leslie: I would like to amend the conditions of approval. I would eliminate #1 and #7. And #2--Amend to say that prior to issuance of a CO the applicant shall make a one-time pa ent for 1 parking space that cannot be accommodated on site for a total of $15,000 paid to the Finance Dept. And then #4 "A sign sti 11 be posted at the entrance of the driveway off of Garmisch st sting that this is a private drive. Roger: It should say "Driveway. "Private Driveway. Do not block" Leslie: And I do need to add one more condition of approval. Condition #7 to read "This Special Review is conditioned upon Subdivision Approval between U.S. West and Design Workshop by the city Council". MOTION Roger: I move to approve the amendment to the on-site parking plan for 120 East Main and the payment-in-lieu for 1 parking space that cannot be accommodated on site as required in the Office Zone District of $15,000 with conditions #1 through #7 as amended. Condition #1. Prior to issuance of a CO the applicant shall make a one-time payment for one parking space that cannot be accommodated on site. Condition #2. Prior to issuance of a CO the applicant shall implement the approved parking plan. Condition #3. Is the second condition #3 as stated on Planning Office memo dated October 20, 1992. Condition #4. Is as stated on that same sited memo however a sign should indicate as "Do not Block". Condition #5. Is as stated on the sited memo. Condition #6. Is as stated on the sited memo. Condition #7. Special Review is subject to Subdivision approval by the City Council. RiChard seconded the motion with all in favor. ZALUBA NON-COMPLIANCE Leslie: decided 1992. Brought Commission up to date on this project. It was a further review of this case will be held November 10, The meeting was then adjourned. Time was 6:00 P.M. commission then continued with a work session on the Rio Grande Conditional SPA Masterplan ( \ Jam.