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HomeMy WebLinkAboutcoa.lu.rz.Christopher/Ulrych.45-80 No. t151) CASELOAD SUMMARY SHEET ' City of Aspen 1. DATE SUBMITTED: gli�pp STAFF: So ray Vint 2. APPLICANT: Fronk (MriSfioplier UrtICIA i3bx N 9 3. REPRESENTATIVE: Frwik Chrt opher -8754 4. PROJECT NAME: Chrls pkY J()(rlJdA (runt 5. LOCATION: WS I Z 15 RA`-I- i l 1P161,1 t q idNrSly Of A 6. TYPE OF APPLICATION: Rezoning Subdivision Stream Margin ' P.U.D. Exception 8040 Greenline Special Review Exemption View Plane Growth Management 70:30 Conditional Use HPC Residential Bonus Other 7. REFERRALS: Attorney ,)1( Sanitation District School District )( Engineering Dept. Fire Marshal Rocky Mtn. Nat. Gas )( Housing Parks State Highway Dept. Water Holy Cross Electric Other City Electric Mountain Bell 8. REVIEW REQUIREMENTS: I is / 'Al 1 avt,ta c_kaw Lih_ . 9. DISPOSITIION: i P & Z I Approved Denied Date i\ - A , �f -;' Q-A L – W o..._L 4 A.� `:, ti,,pJ -A J \-+-� A— e X . w Council .1 Approved Denied `, Date ,.O '-'\ . '\to 10. ROU ING: Attorney ui lding Engineering Other • i r MEMORANDUM TO: Aspen Planning and Zoning Commission Aspen City Council FROM: Sunny Vann, Planning Office RE: Christopher/Ulrych Rezoning, Public Hearing DATE: October 30, 1980 November 18, 198 /� - APPROVED AS TO FORM FOR CITY COUNCIL: 1( g = .' Pursuant to Section 24-11.5 of the Municip. ode, Frank C' stopher and Andre Ulrych are requesting rezoning of L% 1, 2, and 3, ock 4, Lakeview Addition, from R-15, Mandatory PUD, to Nt eighborhood I, mercial . Their property totals approximately 10,280 squ�. 'e feet and is located on the north side of Puppy Smith Street behind the new post office. Surrounding land uses include a municipal electrical substation, located across the street; the post office and Trueman Center to the south; the Aspen Sanitation Plant; the Mill Street Venture to the east; and Hallam Lake and the Aspen Center for Environmental Studies to the west. A single family residence is located on Lots 3 and 4, Block 2, near the end of Puppy Smith Street. The entire Lakeview Addition is zoned R-15, PUD, while the Trueman Center SPA's under- lying zoning is NC and S/C/I. The Sanitation Plant is zoned Public, and the Hallam Lake and the Roaring Fork River areas are zoned AF-1 and Park, respectively. As the attached letter indicates, the applicants wish to construct a three level structure of approximately 10,000 square feet, which would contain four employee units on the ground floor, various office spaces on the second level , and two free-market condominiums on the top floor. They contend that the City's approval and the subsequent completion of the Trueman Center, post office and Mill Street Venture, in conjunction with the construction of the electrical substation, have impacted and changed the character of the area to such an extent as to render their property unsuitable for residential development. The Planning Office has reviewed the applicants' request and offers the fol- lowing comments: 1. None of the proposed uses outlined in the attached letter are per- mitted by right in the NC zone district. Business and professional offices and accessory dwelling units, however, are designated as conditional uses subject to P & Z approval . 2. Sufficient NC zones currently exist in the area, and the community at large, to provide for neighborhood-oriented convenience estab- lishments designed to serve the trade and service needs of the resident population. Similarly, more than ample office zoning is available throughout Aspen to accommodate additional business or professional office demand. A shortage, however, does exist within the S/C/I zone district, a zoning category intended to allow for the use of land for limited commercial and industrial purposes, e.g. , electrical and plumbing service shops, builders' supply, ware- housing and storage, etc. 3. The rezoning of any additional acreage outside the CC and C-1 zone districts for commercial use will further increase the potential for commercial development outside of Growth Management controls, a situation which has been repeatedly identified as a major con- tributor to new employee housing demand. 4. While the neighborhood in question has undergone a number of changes in recent years, the essential character of the area north of the Trueman Center has remained relatively unchanged. The post office, for all practical purposes, completes the Trueman Neighborhood Com- mercial SPA Plan, forming a boundary',between permitted NC / S/C/I uses and the Residential/Hallam Lake natural areas to the north- west. To permit commercial development of the applicants' property Memo: Christopher/Ulrych Rezoning October 30, 1980 Page Two would represent a further encroachment upon a highly sensitive area. 5. Puppy Smith Street is already highly impacted by the traffic generated by the Trueman building, the post office, and the various commercial uses located in the adjacent Mill Street Venture develop- ment. To allow further commercial development in this area, par- ticulary NC commercial establishments, would further exacerbate a highly congested transportation network. We have received comments from the Engineering Office and the Water Depart- ment. These comments generally address specific development-related prob- lems. However, we have summarized them here for your further information. 1. "Water service in the area is insufficient to serve the proposed development. Any approval for development should be conditioned upon replacement of the existing service and/or extension of the Puppy Street main westerly to the applicants ' property, including a fire hydrant at the terminus of the main extension. " 2. Rezoning to NC and subsequent development would require submission of a PUD plan, as virtually all area and bulk requirements are established via the PUD process. Engineering would most likely require extension of street improvements begun by the Trueman project and possible access and/or utility easements in view of the City's drainage and electrical facilities in the area. The applicants' property meets the minimum lot requirement of the NC zone district, and the proposed 10,000 square feet structure is within the maximum permissable FAR of 1:1. Recommendation In view of the above comments, the Planning Office recommends that the appli- cants' request for rezoning to NC, Commercial be denied. Summarizing, Puppy Smith Street currently serves as a logical boundary between the higher inten- sity commercial and public uses to the south and the low intensity, environ- mental related and open space areas to the north and northwest. Similarly, the R-15 zoning of the Lakeview Addition functions as a protective buffer - - - - between these two areas. In view of the extensive Neighborhood/Commercial development currently existing in the area, the ample availability of 0, Office zoning in other parts of the City, and the highly congested nature of Puppy Smith Street, it is our opinion that no demonstrable benefit results from allowing further commercial encroachment north of these boundaries. The Planning & Zoning Commission concurred with the Planning Office's recom- mendation for denial at its November 4th, 1980 regular meeting. The Planning & Zoning Commission's Resolution is attached for your review. Council Action Should City Council concur with the Planning & Zoning Commission's recommenda- tion, the appropriate motion is as follows: "I move to deny the applicants' request for rezoning of Lots 1 , 2, and 3 of Block 4, Lakeview Addition, from R-15, Mandatory P.U.D. , to NC - Neighborhood Commercial . " RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF ASPEN, COLORADO Resolution No. (Series of 1980) WHEREAS, in accordance with Section 24-11 .5 of the Municipal Code, July 15, 1980 was established as a deadline for submission of 1980 Rezoning applications by private landowners within the City of Aspen, and WHEREAS, consistent with this section, Frank Christopher and Andre Ulrych requested rezoning of Lots 1 , 2, and 3, Block 4, Lakeview Addition from R-15 Mandatory P.U.D. , to NC, Neighborhood Commercial , and WHEREAS, a duly noticed public hearing was conducted before the Aspen Planning & Zoning Commission on November 4th, 1980 to consider the applicants' request in conformance with the criteria established in Section 24-11 .5, and WHEREAS, the Planning and Zoning Commission did concur with the Planning Office with respect to the following comments: 1 . None of the proposed uses outlined in the applicants' request are permitted by right in the NC zone district. Business and professional offices and accessory dwelling units, however, are designated as condi- tional uses subject to P&Z approval . 2. Sufficient NC zones currently exist in the area, and the community at large, to provide for the neighborhood-oriented convenience estab- lishments designed to serve the trade and service needs of the resident population. Similarly, more than ample office zoning is available throughout Aspen to accommodate additional business or professional office demand. A shortage, however, does exist within the S/C/I zone district, a zoning category intended to allow for the use of land for limited commercial and industrial purposes, e.g. , electrical and plumb- ing service shops, builders' supply, warehousing and storage, etc. 3. The rezoning of any additional acreage outside the CC and C-1 zone districts for commercial use will further increase the potential for commercial development outside of Growth Management controls, a situa- tion which has been repeatedly identified as a major contributor to new employee housing demand. 4. While the neighborhood in question has undergone a number of changes in recent years, the essential character of the area north of the Trueman Center has remained relatively unchanged. The post office, for all practical purposes, completes the Trueman Neighborhood Com- mercial SPA Plan, forming a boundary between permitted NC/ S/C/I uses and the Residential/Hallam Lake natural areas to the northwest. To permit commercial development of the applicants' property would represent a further encroachment upon a highly sensitive area. 5. Puppy Smith Street is already highly impacted by the traffic genera- ted by the Trueman building, the post office, and the various commercial uses located inihe adjacent mill Street Venture develop- ment. To allow further commercial development in this area, particu- larly NC commercial establishments, would further exacerbate a highly congested transportation network. NOW, THEREFORE, BE IT RESOLVED that the Planning & Zoning Commission of the City of Aspen, Colorado, hereby finds the existing Residential zoning for the parcel in question to be appropriate and the proposed rezoning is not in the best interest of the City. The Planning & Zoning Commission therefore, respect- fully recommends to the Aspen City Council that the proposed rezoning be denied. ASPEN PLANNING & ZONING COMMISSION by Olof Hedstrom, Chairman ATTEST: Deputy City Clerk August 14, 1980 City of Aspen Planning Department Aspen, Colorado 81611 Dear Mr. Vann: The following letter constitutes our formal application to request zoning change on lots 1, 2, and 3, block 4, Lakeview Addition, City and Township of Aspen, County of Pitkin, Colorado . There are many obvious major changes in the area of the above mentioned properties . To be explicate, they are as follows : the construction of the True- man Center including numerous retail stores, plus residential housing above, construction of City of Aspen' s Electric Sub-station, and the present construction of the new Aspen Post Office . The Post Office is directly in front of the above mentioned porperty and has had sub- stantial impact on said property. It is our contention that due to the cities approval of the above mentioned projects and the completion of such, in addition to the areas existing commercial structures such as the Mill Street Shopping Center which houses over ten different retail outlets and offices, plus the Aspen Sanitation Plant and others have changed the character and desirability for the in question properties ability to support a residential type structure . We are requesting the zoning for lots 1, 2, and 3 of Block4 Lakeside Addition be changed to Neighborhood Commercial. Our intentions are to make feasible the construction of a three-level structure of approximately ten thousand square feet which would have four employee housing units on the first level, various office space on the second level and two free market con- dominiums on the top floor. We would abide by all P .U.D. guide lines if necessary, but we 're unable to supply the necessary information for such at this time . Thanking you in advance for any assistance you can afford us on this request, we remain Sincerely yours ank . Christopher II \ P.O . Box 8449 Andre Ulryc�ki Aspen, Colorado 81611 (303) 925-4754 MEMORANDUM TO: Sunny Vann, Planning Office FROM: Jay Hammond, Engineering Office UV DATE: September 18 , 1980 RE: Christopher/Ulrych Rezoning Request, Lots 1 , 2, and 3, Block 4, Lakeview Addition Having reviewed the above rezoning request and made a site inspec- tion, the Engineering Department has the following comments. I have little problem with the proposed rezoning request in terms of Engineering related concerns. NC zoning would require submission of a P.U.D. plan subject to review under 24-8 . 2 and without any form of development plan it is impossible to comment specifically at this time. Should such development occur, we would probably be concerned with obtaining an extension of street improvements begun by the Trueman project, possible access and/or utility easements since we have drainage and electric facilities in the area, and the normal site requirements such as parking, open space, area and hulk, etc. The site already meets minimum lot requirements and the con- struction of a 10, 000 square foot structure and would not be in excess of the 1 :1 FAR. Traffic and utility impacts would pro- bably be accommodated by previous improvements constructed by Trueman. Offices and residential units would be conditional uses in the NC zone. ASPEN WATER DEPARTMENT MEMORANDUM TO: SUNNY VANN-PLANNING FROM: JIM MARKALUNAS SUBJECT: CHRISTOPHER/ULRYCH REZONING DATE: SEPTEMBER 4, 1980 Please be advised that the existing line west of hydrant #670 located at the terminus of Puppy Smith Street is only a small copper service beginning at 2" and tapering down to 3/4". While adequate for the existing residential units now located in the Lakeview Addition, it would not be adequate for the proposed 3-level, 10,000 square foot, 4-unit employee housing facility, including office units and two free-market units. Therefore, it is my recommendation that approval of the above referenced project be conditioned upon replacement of the existing service and/or extension of the Puppy Smith Street main westerly to the property, including a fire hydrant at the terminus of the main extension. Aspen/Pitk • tF` R` fling g Office treet 130 so � aspen Ye � a ' 1611 MEMORANDUM TO: Jim Markalunas, Aspen Water Jim Reents, Housing Director Dan McArthur, City Engineer Ron Stock, City Attorney Aspen Metro Sanitation District FROM: Sunny Vann, Planning Office RE: Christopher/Ulrych Rezoning DATE: August 28, 1980 The attached application is a privately initiated request for rezoning of Lots 1, 2, and 3, Block 4, Lakeview Addition, located adjacent to the Trueman Center. The lots are currently zoned R-15, and the applicant requests that they be rezoned to NC, Neighborhood Commercial , based on the surrounding uses. This item is scheduled for review along with all rezoning applications on October 21, 1980; therefore, may I please have all written comments con- cerning this application for rezoning (and its potential development) no later than October 1, 1980? Thank you for your consideration of this matter. • • PUBLIC NOTICE RE: City of Aspen Annual Privately-Initiated Rezoning Applications NOTICE IS HEREBY GIVEN that a public hearing will be held before the Aspen Planning and Zoning Commission on Tuesday, October 21, 1980 at a meeting to begin at 5:00 P.M. in the City Council Chambers, 130 S. Galena, Aspen, to consider two privately initiated rezoning applications. The Given Institute, located on the corner of Garmisch and Francis Streets, requests rezoning from R-6, Residential , to A, Academic. The second application, submitted by Frank Christopher and Andre Ulrych, requests that their property located on Lots 1, 2, and 3, Block 4, Lakeview Addition, be rezoned from R-15, Residential , to NC, Neighborhood Com- mercial . For further information, contact the Planning Office, 130 S. Galena, Aspen, 925-2020, ext. 225. s/Olof Hedstrom Chairman, Aspen Planning and Zoning Commission Published in the Aspen Times on September 25, 1980. Charge to City of Aspen Account. • PROPERTY OWNERS IN THE AREA OF LOTS 1, 2, AND 3 IN BLOCK 4, LAKEVIEW ADDITION, CITY AND TOWNSHIP OF ASPEN, COUNTY OF PITKIN, COLORADO . Elizabeth Paepeke C/0 Morrison & Morrison 105 West Adams Street Chicago, Illinois 60603 Block 1, lots 6,7, 8, 9,10,11 pt. 12 Block 2, lots 1,2, 5, 6, 7, 8, 9,10, 11, pt. 12 Block 3, lots 1 through 14 Block 4, lots 4, 5, 6, 7, 8, 9,10,11 Cicero, Jane Beckwith and Richard P .O . Box 4252 Aspen, Colorado 81611 Block 2, lots 3 & 4 Deming, Edward H. , Baxter, David A. , Morse, Edward W . III. Mt. States Comm. P .O . Box Q Aspen, Colorado 81611 Shopping Center D.R. and G. Land Mill Street (legal) Truemen Aspen Co . 4355 Dividson Road Amlin, Ohio Clark 's Market Trueman Sub-Division Lot #2, 3, and 4 United States Post Office Postmaster, Aspen, Colorado 81611 Aspen Sanitation 565 North Mill Street Aspen, Colorado 81611 Colorado State University Fort Collins, Colorado City of Aspen Power Building, Relay Station Aspen, Colorado 81611 FviALCiutttplv r 86k ttItli 1