Loading...
HomeMy WebLinkAboutcoa.lu.rz.Johnson, Stan.1975 i 3 • RECORD OF PROCEEDINGS 100 Leaves s.N C.,..WMEI O.I..1.CO. Re.ular Meetin. As•en Plannin■ and Zonin• Commission December 9 ,. 1975 :...Land Use Dedication technique that is presently used. the Planning and yus . meeting of --jcont'd) October 21, Stuller read Zonings recommendations were from that set of minutes. Also it is 6% of the land value. City Attorney explained that you take the amount of . dwelling units you are going to construct and from that you determine how much acerage you have to dedicate and the value of that acerage is premised on the market value of the land. , Jenkins mentioned that they are evaluating the impact on the City Park system in effect; not collecting money for any other reason. City Attorney Stuller mentioned that Goodheim is 'asking . that a new theory is incorporated whereby housing entities are enhanced as development projects to reduce . the dedication requirements when you send up the . dedication you endorse his approach. Kane mentioned that Goodheim is coming forth with a proposed public housing district which takes the existing zoning and . asks for special benefits; it asks for increased density per given . land value to depress the unit land cost per dwelling unit. it depends on how you use the subsidy, it depneds on if you review the subsidy as increased density in order to reduce unit land cost. • • Otte mentioned that he would not like to mix the two issues together. Goodheim mentioned that he would take and present this to Council. • Hunt stated the reasons he would vote againstit; 1) it is terriby inequitable in that it does not address • improvements to existing structures that have not been . subject to dedication,. 2) it is ambiguous when you look at 700 Hopkins you say, well we ill get them on their present uses, we've got you, 3) look at .new victorian on the corner and you say now we got you _again because it is potentially this I don' t like attitude of money making. . Jenkins explained what the ordinance is saying is that the money is going to come from all new residential uses and spread equally on the basis of a formula that pretty much applies to the bedroom number of people. types applied back to the cost of the land. The -- - ---- -- --•-- principle of applying across the board equally. . - Motion Goodheim made a motion to recommend the approval of • amendments as stated by City Attorney Stuller in here . memo; seconded by Abbott. All in favor; Goodheim, Otte, Abbott, Jenkins and Dobie. Opposed, Hunt. Motion carried. Stan Johnson rezoning The following two requests were referrals from the - request County Planning and Zoning. Jenkins felt that it is Rubey Estates increasing a use in an area that at this time is not Subdivision applicable. The Planning and Zoning Commission agrees . with the County Planning and Zoning that the Stan Johnson referral is inappropriate at the time and the transit should be resolved and the tourist zoning is premature for that. ,.,. " Rubey Estates, the City Planning and Zoning concurs with the County R-30 area. - / , . • itJeCiI r1Q111I111 j aziu 4o..J1L.L1&y uert1uDet r ' Motion A,r .ott made a motion to adjo n; seconded by Hunt. Meeting adjourned at 7 : 10 p.m. • P 9 // , r ,� Eliza;eth M. lym, De! ty City Clerk • • • • • • • • • • • • • • • • . . . • • P I TY I t1 I ;QTY PLANNING AND ZONING COMMI: ON • RESOLUTION 75- • WHEREAS, Stan Johnson has made application for rezoning of 53,420 square feet of land at the base of Shadow Mountain from • R-15, Residential to T, Tourist, for the stated purpose of build= ing a "Depot Restaurant" centered around the existing Parlour • Car Restaurant, and • WHEREAS, on March 25, 1974 the zoning of said property was changed by Pitkin County from T, Tourist to R-15, Residential together with other significant zoning changes throughout Pitkin County, and • • • WHEREAS,it is the responsibility of the Pitkin County Planning and Zoning Commission to review said rezoning applications, and WHEREAS, on September 17, 1975 the Pitkin County Planning and Zoning Commission reviewed said application for rezoning as presented by Mr. Johnson, A • NOW THEREFORE BE IT RESOLVED, that. the Pitkin County Planning. and Zoning Commission recommends denial of the rezoning request by Stan Johnson for the following reasons: 1. The City-County line splits the property with the contiguous City land being zoned R-6, Residential . The existing R-15, Residential County zoning. • is compatible residential zone to the surrounding . City land zoned R-6. Tourist zoning on the contiguous County property would not represent an orderly and compatible transition zone to County land. • 2. On March 25, 1974 , the zoning on said property was changed from. Tourist to R-15, Residential . The Planning Commi>; ion believes that this zoning change ww, correct, and hereby incorporates the • reasons and findings of the March 25, 1974, Commissioners Resolution which justifies the • present R-15 zone. • • i� U T I ON SIAP! V i :;' • 3. According to- the City of Aspen Engineer, David Ellis, Hopkins Street has not been prepared and paved to accomodate extensive traffic de- mands which could be generated by additional commercial development in the Shadow Mountain area. 4. The existing Parlour Car Restaurant is non- conforming and was installed without a Pitkin County Building Permit. The liquor license issued by the Pitkin County Commissioners con- tains conditions for abatement of the restaurant use. Peter Guy, Chairman' PTIKIN COUNTY PLANNING COMMISSION • • Dated this P day of `uu , 1975. • • -2- . - , . . ., , . ` -t., \-- - - • _.-- •-... \ f':'• \'' , , 0 ,.• , ...,"': /) --"•• ., \ . - \ ---- - ,-- :/--- ._. . . - .-- .-- ,,,-. \ \ .••• ..... \ - -•-••- ... . \ ,/ \„....„.../. ........■ ? •.•," -- ,,_\ •••••••-•., ,, ...,.--: •....':\ 'N -.\ .. .....-, ...•- • , (' L • / ..,'---"-'-'. • /'') 2 ,L....,,,,,,, -\ \ ,- _ --.. . \ --- ..... . \-- _/1 \ ----- ---- •-1 ,-;:- „....---- '-'...., \ Lc.a-\ ---. - -.: 7-7"-- \ - ...-- '\ - . ,/ --..---- ,. \ -----3 r•-• ,i....:;. -- .------.--..--' .,' ----------- ../ \, --- \ ,_,------ ) _ \ _.--- .. - ...") \ _------- ,...- _,- '' --. --- .- \---------------- •. .,. - ....- • , ''''' ..„.• _.---- ..------ --- - ,-- , .------- .....-- .. . ......-. _- . . . . --- -.. .- _ ... . .,---- _.-,--- _ ----- . ......›..) -1--4-'- ----'--A \ ____:-.. -:- ----71\, . \------(,..---.--- --- ....---../A. ...-- --- . \/"-- -------..?.'.---...7.- .: • /.50N1KiHrt 0\01". • ce,.0\s9„,,cie % \ DfliZtailfs' W M . . ' \ • ;4/6\ \ \ 11. \ \-.<;:r.:...''''' , 1'ctill - c ■ • . \ ■'''' • ,- \ \\ \ x 0,0•0 iv W 0 \ spl \ \ \ lift \ ' qiePt,forP1°.e sre te $pcx \ — PO rdefol- i i \ ` \ te els ., •l.s.. .„,01., , • ..•0". .... ..- V iCit? 0114( L4114' \ \ \ • ' \ \ _ V .„, , ...-... t•:, 7.' 1 • fterr '. Fail 04 LOW$ ' ( --.-- ,001 ' • 500 ogi Sr- \ . Dorf iu . , rtc441.1405 ilia' - .7-C1/?1,- , • -....1 ( --.. ../ \ ..../ •-; 1 15' , 0 .\ - '.0 . • 1 •- . ..-- ...-•"" . , 1 V '' 0 .., . . . N ., - . 1÷ • ill • ' . / I , .... I '. f, •,, / . -11 1 • , \ \ 0 • , . , 0 (Po -0 2- , i .s ,., , - .., / s)' ...D -. ---... N..-- N /1 -,.. . rt v \ CS1 /W ORER oix/ /e-5 / \\ I I P v/71//4/ ,,?46,• Foo r GP \\ ,, li ) gP/o//(//4/77; P.94,,04w77.-, , ,..,-- li ...,,,..) _ST/94/A-aeD ‘1,9/a/f44/ \ N,. \ \ .\\ .. , ._ .- /' r? \ .. \ . • . , \ • \\ .// NN • \ , " ) / • ■ . . . . . , . . - • r) :•■•.: . , ' . .,.. MEMORANDUM TO: Pitkin County Commissioners FROM: Planning Staff (HC) RE: Stan Johnson Rezoning Request R-15 to Tourist at Base of Shadow Mountain DATE: January 8, 1976 On November 10, 1975, the PITCO. Commissioners tabled the rezoning request in order to receive input from the City of Aspen and the PITCO. Housing Authority. Referral comments have been received from each of these agencies and are herewith attached. A letter is also included from Sandy Stuller, City Attorney, discussing the status of the vacation of Fifth Street. The Aspen City Council has initiated a proposal for the downzoning of contiguous land in the city from R-6 to R-15. The Planning Office recommends denial of the rezoning request due to the above concerns and those previously detailed in the Planning and Zoning Resolution dated October 1 , 1975. MEMORANDUM TO: Pitkin County Commissioners FROM: Aspen Planning & Zoning Commission (HC) RE: Stan Johnson Rezoning Request R-15 to Tourist on Shadow Mountain (Commissioners referral to City) DATE: December 11, 1975 The Pitkin County Commissioners have referred the rezoning request to the City Planning and Zoning Commission December 9, 1975, the City P & Z of the Pitkin County P & Z for denial of the request due to reasons stated in the County Planning and Zoning Commission Resolution. .:.� _..- 506 E. Main DIRECTOR OF`HOUSING • )PXO XV1149X• ASPEN, COLORADO 81611 • PHONE: (303) 925-6612 P I T M E M O R A N D U M N January 7, 1976 TO: Planning Office (Hal Clark) 0 U CC : Stan Johnston N FROM: Brian L. Goodheim RE: Stan Johnston Rezoning Request The possibility of utilizing Mr. Johnston' s Smuggler Mountain property as a housing authority sponsored project is remote at the present time. The reasons for this posture include transit right- of-way uncertainty, the non-existance of the proper zone category and the high economic expectations of Mr. Johnston which would imply a higher land use . The site itself would lend itself well to a future project at such time that the proper zoning is achieved , the transit quest- ions answered, and a favorable deal could be arranged with Mr. Johnston. I have appraised Mr. Johnston of these conditions . Cr r ASPE 130 soil _aa street aspen , u -u ) g' z do 81611 MEMORANDUM DATE: December 3, 1975 TO: Hal Clark FROMandra M. Stuller RE: Stan Johnson Rezoning Request The ownership controversy stems from the following set of circumstances. In July of 1972 the City, over Eve Homeyer' s signature and by quit claim deed, conveyed to Stan Johnson the following: That part of 5th Street in the City and Townsite of Aspen, lying Southerly of the Southerly line of Hopkins Avenue, Westerly of the Westerly line of Lot A, Block 32 , in said City and Townsite, and Easterly of the Easterly line of the most Easterly lot in the unnumbered Block South of Block 25 in said City and Townsite, County of Pitkin. At the time of this conveyance, this street right-of- way was shown as a platted street, and yet there is no evidence that the street was ever vacated (and this is probably the only way any interest in a right-of-way can be conveyed by a municipal- ity) . If the street were to be vacated, one-''alf of it would have gone to each of the abutting owners, i.e. Shaw and Paepcke. sirs. Paepcke ' s lawyer has inquired about the ownership of the right-of- way and may make some claim for it in the future. SS/pk • ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 MEMORANDUM TO: County Planning and Zoning Commission FROM: Planning Office (HC) RE: Rezoning Request - Stan Johnson Shadow Mountain DATE: September 12, 1975 This is a request for rezoning of 53,420 square feet of land at the base of Shadow Mountain from R-15 to T, Tourist for the stated' purpose of building a "Depot Restaurant" centered around the existing Parlour Car Restaurant. The Parlour Car is a non-conforming use which although originally approved by the City of Aspen, was mistakenly installed in Pitkin County without a building permit. The Pitkin County Commissioners have issued a liquor license to the Parlour Car subject to certain conditions which we are researching. The recommendations of the Planning Office are as follows: 1. We feel that the findings of March 25, 1974 "Downzoning" were correct for this area. At that time the zoning was changed from T, Tourist to R-15, Residential . 2. The City/County Lane splits the property with contiguous City land being zoned R-6. The property should be annexed to the City before development activity is commenced. Such annex- ation would include review by the City for the appropriateness of the zoning. Basically the existing R-15 zoning is compatible to existing contiguous City zoning of. R-6. MEMORANDUM Johnson Shadow Mt. Rezoning September 12, 1975 Page Two 3. The status of ownership for 5th Street extended is unclear, i .e. , is this City property? 4. Hopkins Street has not been prepared and paved to accommodate intensive traffic demands. 5. The City/County Line is not shown on the applicants survey. 6. We have received a minimal amount of application data per our request. If the Planning Commission wishes more information, the applicant must sub- mit data according to Section 13 of the Pitkin County Zoning Resolution. With the above considerations in mind, the Planning Office recommends denial of this request. P.O. Box 406 Aspen, Colorado 81611 September 2, 1975 Planning Commission Pitkin County Aspen, Colorado 81611 Dear Sir: - This is an application to reinstate the zoning designation "T-tourist" to the property described in Exhibit "A", attached. In 1974 while I was out of the country for six months, the zoning designation was changed from "T-tourist" to R-15. At the time this property was under contract to be used as a site for one or two of the Villa Buildings, to be given a face-lift and fully remodeled into low cost employee housing. Because of this zoning change, this project was lost and the valuable Villa Buildings were destroyed for lack of a properly zoned site. The Parlour Car Restaurant has been doing business on this property for the past 3 1/2 years, an allowed use under the former "T-tourist" designation, but not allowed in R-15. The Parlour Car, because of its design, has very restricted working and food serving spaces. To remedy this situation, it has been planned to compliment the Parlour Car with an authentic depot or other railroad type structure. But, under R-15 zoning, this is not allowed. Therefore, it is requested that "T-tourist" zoning be reinstated to this property so that an addition to the Parlour Car and a moderate form of employee housing will be an allowable use. This land will never be suitable for R-15, residential use. The area is surrounded by lodges, apartments and may have a rail transit system through it. Thank you for your cooperation. Respectfully, / Ae STA ORD Ai SON Note: Water, sewer and electricity are installed and in use on the property. PUBLIC NOTICE REZONING SHADOW MOUNTAIN R-15 TO TOURIST Notice is hereby given that a public hearing will be held on Nov. 10, 1975 at 1:30 PM in the Pitkin County courthouse to consider the request of Stan Johnson to rezone property located on Shadow Mountain from R-15, Residential to T, Tourist. The property is more particularly described as follows: A tract of land situated in the Southeast Quarter of Section 12, Town- site 10 South, Range 85 West of the 6th P.M. being a part of the City and Townsite of Aspen , the M.W. (aka Martha Washington) Lode Mining Claim U.S.M.S. No. 5793 and the Mary B. No. 2 Lode Mining Claim U.S.M.S. No. 19640 described as follows: • Begining at corner No. 1 of the said M.W. Lode whence corner No. 8 of said Townsite of Aspen bears South 60°58'30" E. 3,268.56 feet; thence North 76°38' East 63.70 feet along line 1-5 of said M.W. Lode, to the TRUE POINT OF BEGINNING; thence North 02°26' East 342.40 feet more or less to the South line of Hopkins Street whence the point of intersection of the said South line of Hopkins Street with line 6-1 of the Mary B. Lode Mining Claim U.S.M.S. 5792 (unpatened) bears North 75°09' 1.1" West . 62.75 feet; thence South 75°09' 11" East 150.05 feet more or less along said South line of Hopkins Street and its extension to the Northwesterly corner of Lot A, Block 32 of said City and Townsite of Aspen; thence Southerly along the Westerly line of said Lot A 66.77 feet more or less to a point on line 3-4 of said M.W. Lode; thence South 55°16' East 66.69 - feet more or less along said line 3-4 to corner 4 of said M.W. Lode; thence South 02°26' West 155.9 feet to Corner 5 of said M.W. Lode; thence South 76°38' West 196.05 feet along line 5-1 said M.W. Lode to the TRUE POINT OF BEGINNING, Pitkin County, Colorado. All persons of interest are invited to attend the public hearing to - express their views on the proposed change in zoning. By Dwight K. Shellman, Jr. Chairman Pitkin County Board of Commissioners Published in the Aspen Times on October 2; 1975. • • • ASPEN/ PITK _;% ing Department %130 so `�, street aspen , 81611 �s = MEMORANDUM TO: Aspen Planning Commission FROM: Planning Staff (HC) RE: Stan Johnson Rezoning Request for property on Shadow Mountain (53,400 sq.ft. ) DATE: November 25, 1975 This is a rezoning request in Pitkin County initiated by Stan Johnson for 53,400 square feet of land on Shadow Mountain. The request is to change the present R-15 zone to T, Tourist zone. The Pitkin County Planning and Zoning Commission has acted on the request by recommending denial . A copy of their resolution is enclosed in your packet. The Pitkin County Commissioners requested the matter be referred to the Aspen Planning and Zoning Commission for comment and to the County Housing Authority for consideration for possible inclusion in the housing program. The Planning Office has recommended denial of the rezoning. ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 MEMORANDUM TO: Pitkin County Commissioners FROM: Planning Office (HC) RE: Rezoning Request - Stan Johnson -Shadow Mountain DATE: September 19, 1975 On September 17, 1975, the Pitkin County Planning and Zoning Commission recommended denial of a request for rezoning by Stan Johnson (see planning office memo attached). The resolution of denial has not been signed by the Planning Commission. At your September 22, 1975 meeting the Commissioners need to set a date for public hearing for this rezoning probably Tuesday, October 20, 1975. enclosure 2 L ( A? y- 7_ A., (, , /,,,7)/ , L/ 1 1_, 7-67-1. /1,,, z/.. 7 12 fp ASPEN/PIKTIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 MEMORANDUM TO: Pitkin County Commissioners FROM: Planning Staff (HC) RE: Rezoning Request - Stan Johnson - Shadow Mountain R-15 to T, Tourist DATE: September 11, 1975 Pursuant to Section 12.03.02 of the Pitkin County Zoning Resolution we enclose a letter of intent from Stan Johnson requesting rezoning of his property on Shadow Mountain consisting of 53,420 square feet from R-15 to T, Tourist. The Pitkin County Planning and Zoning Commission will review said request at their regular meeting on September 17 , 1975. Their recommendation will be forwarded to the Commission for setting of a public hearing after 30 days notice of time and place. • STATE OF COLORADO OUNTY OI' PITKIN • • AGREEMENT • This Agreement entered into this the 7th day of effective A.)ril 1 , 1974 , October, 1974 ,/by and between Parlour Car ,. Inc . , a Colorado corporation , on the one hand (hereinafter called i,, "Parlour. Car") and the Board of County Commissioners of Pitkin County, Colorado, on the other hand (hereinafter called "The Board" ) • W I T N E S S E T H : 1 . Whereas , Parlour Car made application to the Board for approval by the Board for a beer, wine and spirituous . liquor license, said application having been made under the provisions of the Colorado Liquor Code , C .R.S . , 1963 , 75-2-1 through 75-2-5 ,- as amended; and • 2. . Whereas , the Board granted conditional approval of such license application , said conditions being set forth in the minutes of the Board' s meeting of April 1 , 1974 . Now, therefore, for and in consideration of the mutual promises , agreements , covenants , and undertakings of the • parties , which are set forth below, said parties agree as follows : • 1. Parlour Car acknowledges that under the Board ' s Zoning Resolution. of March 25 , 1974 , its restaurant opera- tion located on the following described property located in unincorporated Pitkin County : A parcel of land located in Aspen Townsite and Lot XI Sec . 12 , TlOS , R85W of 6 P.M. being part of the Nary B. Lode 45792. (Mary B. Lode No. 2 419640) and the Midland Railroad Right of Way ; more fully described as follows : • • Beginning at a point on Line 6-7 Mary B. Lode and south line of Hopkins Street (per survey notes Mary B . Lode) being N 02° 26 ' E 324 ' from cor . 6 PIS 5792 . • • Jm, • r • . Thence N 75° 09 ' 11" W 132 . 01 ft. along south line • Hopkins Street Thence S 14° 57 ' 40" W 156 . 07 ft. • Thence S 75° 02 ' 20" E 325. 0 ft. along south line of Midland Railroad right of way . Thence N 14°. 57 ' 40" E 100 . 00 ft. Thence N 75° 02 ' 20" W 180 . 45 ft. along north line of the Midland Railroad right of way. • Thence N 02° 26 ' E 57 . 68 ft. along Line 6-7 Mary B . Lode MS;i5792 to the point of beginning. Containing 0 . 925± acres , now constitutes a non-conforming use, even though prior to March 25, 1974 , said restaurant operation was a lawful use • under. the Board' s prior zoning resolution. Parlour Car further acknowledges the Board' s lawful authority and power to rezone said property . rr 2 . Parlour Car agrees as a condition to the Board' s approval of said liquor license application that it will f 77f7C . abate and remove its restaurant operation in the minimum time ` ' 7 from the date of April 1, 1974 , as is required by Section X of the Pitkin County zoning Resolution as it now exists or may in the future be amended by the Board. 3. Parlour Car acknowledges that the approval of said liquor license application does not constitute an approval of . the Board of an increase in the size of its operation in any manner. 4. In consideration of the acceptance of the conditions set forth above and the promises , covenants and obligations of Parlour Car the Board agrees to approve the aforesaid liquor license application of Parlour Car on file with the Board. -2- Given under our hands and seals the day , month and year first above written. • PARLOUR CAR, INC . • ATTEST : f / By - W. Timothy Terral, President ��' tel: -_.� l.� =�_�> I . '; _�L-�Secretary "e .D. - • The Board of County Commissioners of Pitkin County, Colorado ATTEST : /- - By \' • ( Chairman • . County Clerk • f - . s , • • • c, �' ; • • • • • . • 0 Gi) - . .. ..... •z. : Ae - • .., ' 1.-'."'ea•-.''.''.. : 1,n.''' ." , ,- • ,:‘....,..:, -,- ,,-1. ;'.414.;• I' -4.4.-'-' .. . ":' -t. ... .............. . ,,... , •.. - ,._.,,, . ... _ .t, ,- . .. . ._ • , _, e *' . ,:.•.; '-- 'I '',.:,:..ie:-,_-.,.„,, ,., : .,,t ..--ta7 ,;.,'-%; 7 ' ''' ,: p° .4.-,., „,. -- ' -:- t.,„r. , lig .wag t =m1;,- ,. ” 5 O . pe51/9 f • ..-_--,-,-_-. t, , .. ..., .....,...-,-,•-•-_,..6--.,-,:-. ., ---.. -,,,-- -,-.."5,7,-4,-,,- /,. g>4 ,•,•Pl A ' cg b. 121/9° . .„........ „...,...„,-_,..,..:._„_.... _ _...._,.;_ . ...„.„.:„. _ . . • ... ,- f X po Aitt) __ _ tot ge5 . , # 0 iftriu 41 a diff 3 . - ' ' :4',1,':'-:.,,,,..--.:: ..'.. •I: r.,;•::%-...'-.1";:ftitio; v-•/et . '.1 .t's ?-:''.' i"---r.4'.."Sk,_ .f.6,.--,"•-..'" .J..t.,::r.-47:4-z2 .r f, • ...: ... ..:,,.,....,,, ,,t . . . '...P. ---...' '...-i; ,, . .i;- 4.1,-...*- -...- , / Zr• ti414, •_.:..t4-..-.. . , , ;. . t t*..,-. 3,..„,,, ,,,, tA4z- ....* :.". 1 • t • , 04ix,,......t.r,, 1 ..-ik■I/ e. ...4.-,,4 .•:'?-,, -- _' • '')...-;r _ ---.-=- _-..- i Zs 'ql4„.1.,,,. ,t..1.ul, wv, ,, ,, ',.'•,.„-,....-1.,-. - --,.-'-.---='-- --—---- '''''-------- ° .:: istreel,' .• ql '04; . . * .- • .. - -. , Ai- : ' i: ,1 t -. . ■Ifilw, — ' -' 4fr-, 04, - ir...--...- --— r - -- --....7--'.. .1.--- .... _ .... uslownWiiimmia galMENIIIINUM....._- .. , . — .....----- 4,9aeareueow....-- . ' . • - . • • . •