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HomeMy WebLinkAboutcoa.lu.sp.Clarks Market.A0687 ( CASELOAD SUMMARY SHEET ~ '-' City of Al?,pen , 1"""f;;l7-37-073-SI-lJdl ~~TE RECEIVED: ,;;;../11/11"'1' CAS'E NO. 06A-.f7 DkTEiRECEIVED COMPLETE: STAFF: 'i/3 PROJECT NAME: f!jarl?,~ /'1orlfet SPA A-Inenol;ne.nf ,\PPL lCANT: (;lclf-l1l~ /-jeu-.t'fe f . Applicant Address/Phone: 3<10 .N, ~IJ/ .I'1's,olJ? CI! 1i"/6// 6'"-8'040 REPRES ENTA'I'IV E: 70 In ClorJ7 Representative Address/Phone: <<;CUm-f? Type of Application: GMP/ Subdi v ision/PUD 1. 1. Conce pt ual Su bmi ssion 2. Preliminary Plat 3. Fi nal PIa t 20 12 6 $2,730.00 1,640.00 820,00 II. Subdivision/PUD IV. All "One Step" Appl ications 5 $1,900,00 1,220,00 820,00 $1,490,00 $ 6 80 . 0 0 !. 2. 3. Conceptual Submi'ss'i:on Preliminary Plat Final Plat 14 9 6 III. All "Two Step" Applications 11 V, Referral Fees - Environmental Health, Housing Office ( 1. Minor Appl ications 2 $ 50.00 2. Major Applications Referral Fees- Engineering Minor Applications Major Applications 5 $ 125.00 .- 80,00 200.00 ..__~... ..;:":';,..;,..:.'.i~..'I'. .i':'':'..f::'~:U~..: (I.: ;....,..,... . '.-.....- ...--------------------- ----- -----------------------------, .~-_.._.._--- ..------------------------------------------------------------------- <]:&Z) CC MEETING DATE: ~~~~ PUBLIC H~ING:' DATE REFERRED: rfJ . ~ qY(rN IT IALS'f'pJ(/ YES @ --------------------------------------------------------------------- --------------------------------------------------------------------- ~RRALS: , Ci ty Atty Aspen Conso!. S. D. _ School District City Engineer Mtn. Bell _ Rocky l1tn. Nat. Gas Housing Oil'. Parks Dept. _ StateHwy Dept (Glenwd) Aspen ~Iatec Holy Cross Electric .Statellwy Dept (Gr.Jtn) City Electric Fire Macshall V Bldg: Zoningjlnspectn Envir. Hlth. Fire Chief Other: _____ Roaring Fork Transit _____ Roaring Fork Energy Center ( ;;~~~=;~~;;~~7================~~;~=;~;~~7=lT~?~~~==~~;;~~~7=$=l~~ _ City Atty City Engineer L Building Dept. Other: Othec: FILE STATUS AND LOCATION: riIxf-' ()~ ".- -~. '-~ C la~_) /vio'((t!.J 5 p~ kMt:ll)iJ1e,d t"."\ CASE DISPOSITION: Reviewed by: f,sJ!en P&Z Ci ty Counc...J. ADVISORY COMMITTEE VOTE: On April 7, 1987, the Planning and Zoning commission unanimously voted to grant the requested special review for variation of food market square footage and to recommend council to approve an amendment to the SPA plan for the requested expansion subject to the three conditions listed below. / F:evie,",cc; By: llSpeJ1 P&Z (2:1' -~4 Dr, ArJ ~7,/1n uti Cv,;j<,1 approved the requested SPA amendment for the expansion of Clark's Market retail space by 1,000 square feet and reconfiguration of the loading dock, to a total of 18,000 square feet of commercial floor area, SUbject to the fOllowing conditions: " 1) The market does not expand its line of products into non-food items; 2) The proposed loading dock alteration, not to exceed 529 sq. ft. in size, will be built prior to June 15, 1987. Use of the space shall be restricted to loading dock, receiving area and cardboard compactor uses; and 3) A pedestrian walkway from the eastern entrance into the Trueman Building to the Mill Street sidewalk should be demarked on the pavement. "No parking" signs shall be posted to prevent service vehicles from blocking this walkway." ,...., .-,., MEMORANDUM THRU: Aspen city council Robert S. Anderson, Jr., City Manager fIJ- steve Burstein, Planning Office ~ Clark's Market SPA Amendment TO: FROM: RE: DATE: April 27, 1987 ~=============================================================== SUMMARY: The Planning and Zoning Commission and Planning Office recommend approval of the requested SPA Amendment subject to the three (3) conditions listed below. LOCATION: Trueman Building, Lot 1, Trueman Subdivision. LOT AREA: 2.552 acres (111,165 square feet). Existing floor area in total building: 47,000 s.f. ZONING: Neighborhood Commercial (NC). APPLICANT'S REQUEST: Clark's Market requests approval of a 1,000 square foot expansion of floor area. This expansion exceeds both the 15,000 square foot limitation in the Trueman SPA plan and the use square footage limitation for food market set in section 24- 3.6 of the Municipal Code. The area has already been taken over by Clark's. A building permit to add the space was issued based on a misunderstanding of the planned use by the zoning official; and the applicant has agreed to come in after the fact for the appropriate reviews. APPLICABLE SECTIONS OF THE CODE: section 24-3.6 establishes the maximum gross floor area of a food market at "12,000 square feet with an additional 3,000 square feet permitted for storage and accessory uses." The Planning and zoning Commission may grant a special use approval for expansion above the limitation "when it is satisfied that there are practical difficulties or unnecessary hardship created by their street application, or that public need and demand require an increased floor area for a particular proposed use." The Trueman SPA plan approved by City Council on January 10, 1977 constitutes the site specific requirements on the property. After considerable discussion at that time, Council limited the size of the grocery store to 15,000 square feet, reduced from the requested 20,000 square feet. ~ ,,.-,,, section 24-7.9 establishes the requirements for amending an SPA plan, requiring P&Z recommendation and Council approval for this acti vi ty . The Trueman site is also subj ect to Ordinance 70 (Series of 1976) which set the zoning and some conditions of approval, but the 15,000 square foot limit is not contained in this Ordinance so it need not be amended. PROBLEM DISCUSSION: Clark's Market already exceeds the 15,000 square feet limit on grocery and accessory space with the 2,000 square feet located in the basement, and 15,000 sq. ft. on the main floor, totaling 17,000 square feet. The 1,000 square foot expansion would bring the store operation up to 18,000 square feet. Tom Clark has presented in his application the argument that additional space is needed to provide greater variety of food items and remain competitive with other markets in the valley. It is stated that the market can utilize its space more efficiently given the added retail bakery space. He has noted how much larger are the supermarkets in Glenwood Springs, and that, with the closing of Tom's Market, Aspen's market space has actually decreased. For the purpose of comparison, we note that City Market of Aspen has a total floor area of 15,700 square feet, based on a special review approval by P&Z in 1980. In 1977, city Council placed a limit on the market to keep the scale of operation in proportion for a community the size of Aspen. In addition, Council was concerned that there be a balance between the NC and SCI uses in the total Trueman Building project. Significant impacts of a market include: traffic generation, parking, service vehicles (including semi-truck- trailers, smaller delivery trucks and trash vehicles), employee generation and potentially forcing specialty shops out of business through size and dominance. Expansion of Clark's Market by 1,000 square feet does not appear to significantly change the scale of operation nor cause new burdensome impacts on the community. As the expansion is internal, no commercial floor area is added to the Trueman Building. The 111 space parking lot for the Trueman Building should continue to be adequate. The applicant has also stated that no new employees will result from the expansion. circulation for service vehicles has been identified as a problem for the current level of Clark's operation. Service vehicles stack in front of the store and along the east side, constraining pedestrian and customer parking movement. According to the applicant, supply service and trash hauling will not require additional service vehicles because the "economy of scale" allows a larger number of food items in the same number of deliveries. A new loading dock set-up has been designed to alleviate problems of delivery trucks stacking in front of the store. (See attached "Scheme A"). The new loading dock would allow for two bays, one 2 ("'., ,-., of which may be used by smaller delivery trucks. A cardboard compactor would be located on the loading dock, allowing Clark's to recycle their cardboard. The reconfigured dock receiving area would have dimensions of 23' x 23' (529 sq. ft.) and is consider- ed mechanical space. However, no new FAR is added because the area is already covered. In addition, the largest truck/trailer fits inside the loading area, so there are no additional visual impacts created. To further improve truck/pedestrian conflicts, a pedestrian walkway from the Trueman Building to the Mill street sidewalk should be demarked. The Planning Office supports this improvement, planned to be finished by June, 1987. Mr. Clark's arguments regarding marketing efficiency and the community need for a larger operation at this time appear reasonable. If the added space is used for food items only, as contemplated by the applicant, then there should be even less potential impact on other specialty stores in Aspen. We also note that to the extent that Aspen's food markets are improved, more shoppers can be expected to shop in Aspen and not drive down valley just for food items. This is an auto-disincentive and is another reason for supporting this request. ADVISORY COMMITTEE VOTE: On April 7, 1987, the Planning and Zoning Commission unanimously voted to grant the requested special review for variation of food market square footage and to recommend Council to approve an amendment to the SPA plan for the requested expansion subject to the three conditions listed below. RECOMMENDED MOTION: "Move to approve the requested SPA amendment for the expansion of Clark's Market retail space by 1,000 square feet and reconfiguration of the loading dock, to a total of 18,000 square feet of commercial floor area, subject to the following conditions: 1) The market does not expand its line of products into non-food items; 2) The proposed loading dock alteration, not to exceed 529 sq. ft. in size, will be built prior to June 15, 1987. Use of the space shall be restricted to loading dock, receiving area and cardboard compactor uses; and 3) A pedestrian walkway from the eastern entrance into the Trueman Building to the Mill Street sidewalk should be demarked on the pavement. "No parking" signs shall be posted to prevent service vehicles from blocking this walkway." V'll, 'ri\\\\\r 3 I""'" t"""\ CITY MANAGER RECOMMENDATIONS: ~ CArlCWf-. ( a no SB.CLARK 4 ,-;., r'\ CITY:;:,0E;ASPEN , . . .' .., "~': . ,~.;~:r:' . 130so11thgalen:!::street asp e~',' :colo r a do,>816 11 303-925 -2020 /!l/k7 LAND USE APPLICATION FORM DATE SUBMITTED ./ FEES $680,00 N~ Clark's Market ADDRESS 300 N, Mill Street, Aspen, CO 81611 925-8046 PHONE NAME OF PROJECT Remodel 'of Upstairs Bakerv area PRESENT ZONING SPA LOT SIZE LOCATION 300 North Mill Stre~t, Aspen, CO (indicate street address, lot and block number. May require legal description. A vicinity map is very ~seful.) CURRENT BUILD-OUT sq. ft..' units A tt;lched Attached , units' sq. ft, PROPOSED BUILD-OUT DESCRIPTION OF EXISTING USES Superma'rket to include; Deli. Bakerv. Meat, Produce. Floral, Readinq Center. Grocerv. Dairv. Frozen Food. General Merchandi~e. Health and Beautv Aids. DESCRIPTION OF LAND USE PROPOSAL Extention of ~x'~tin9 11~P~ TYPE OF APPLICATION Amendment of S.P.A./Special Review 24-3,6 APPLICABLE CODE SECTION (S) PLAT AMENDMENT REQUIRED DATE PRE-APPLICATION CONFERENCE COMPLETED YES __NO ATTACHfmNTS: 1, All applicants must supply Proof of Ownership in the form of a title insurance commitment or statement from an attorney indicating that he/she has researched the title and verifies that the applicant is the owner of the property (free of liens and eucumbrances.) 2. If the process requires a public hearing, a Property Owner's List must be supplied which gives all oWners within 300 feet in all directions in some cases and adjacent owners in some cases. 3. Number of copies required (by code and/or in pre-application conference.) 4, Plat hy Re@iseered ~~rverer _ ..~ . ,.. .IEO N~ , 's Area Breakdown 2,000 square foot Basement: 1;000 square feet Storage. 1,000 square feet - Compressor room, electrical room, elevator and janitor room, employee breakroom, employee restrooms. 15,000 square foot Main Level: 2,000 square feet checkout area and offices. 3,000 square feet preparation areas and coolers for dairy, meat, deli, produce, frozen food. 10,000 regular sales area. ~ Percent Impact or 1,000 Additional Square Feet at Clark's Market '-i 10% increase to current selling area, 6.6% of total ,main floor' area, ,or 5.9% of total grocery store space > c\";, -" ., c .- ". ,',. , ", , ~"",." "'r ,-' :<:':,;~;:it~~1~:~~?~*:,}~wiL~~,~, ,:<,.,,:"';',\-<~:Yii1<~~b,;~,~'::~',~;;:,\:, {,:~~,~::1; :~;}~;;,!,:~i:,,':4~,;~:~i~?;;:\~';;:7:: " ",:":' ",'" ,:~:,.,,;;\~Clark 1 s'Market vs., Total Shopping' Ce'Ilte """"':::-">,\"':'~...,?~.,,~,:;.'. .--' "e,.,<.:, >~1::i::~;;:'~:".-<(':~:" , ". '.' . ".":" ,:.:" " .. ",' Clark' 5 Market'currently;'pperatesout 'Of total center. "This will increase ;,~6 .51.35%. "" .'~" " <-.~;. ; "'.'::. ,,-,' . l'- ' ','--:-':,' ~';>;:!~:i,,",,',,"{: ,".,' ," , -:-, "'.+{",'(i<':,"',-'- . _",__:;,_" ,\:\. /",.c . ',,'"f.. '. ~ . (" FOR ADDITIONAL SPACE Aspen Consumer Demands widest Possible Variety. There remains ,a direct correlation between too little retail grocery space and not having enough grocery variety. In 1984 the average store carried 15,379 items and in 1985 this rose to 17,459. While industry figures are not yet available for 1986, I believe that another upward jump in variety will be seen. Clark's carries about 14,000 items. Particularly in Aspen the demand for new items and expanded variety has never been greater. Not a day goes by that a well traveled Aspenite or a new Aspen resident asks our store to stock additional products they have purchased~in other areas. We do our best to balance the addition of new items with the fact that as we make space available for them, we are cutting down the space we can devote to the more typical high volume products. , .. This request for an addit'ional ,000 square feet can translate directly into approximately ,1, 00 new items ,and expansion, of space on ,~mother 300,c,hronically out,-of-stock ,items. " .'" I ,amcertaln ;:that wei,could:supply ;::the '. Planning and '," Zoning Committee" with ,:'several 'thousand signatures showing the adamant desire fO:t"~xpanded grocery variety.' ,':<.: Current Square Footage is a Little Too Restrictive 1. Industry Standards - New store size in 1985 was 40,000, squlire feet, 1984 was 39,600 square feet. Cllirk's Market is 17,000 square feet including 2,000 square feet in the basement. Clark's by any industry standard is a small market, even with the addition of 1,000 square feet. 2. Approximate square footage increases vs. decreases in the Roaring Fork Valley over the last three years. A.Village Market in Snowmass expanded several thousand square feet. B. City Market in Aspen expanded 2,000 square feet. City Market'in Basalt expanded 5,000 square feet. City Market ,in Glenwood Springs expanded 20,000 square feet. Super in Carbondale expanded 8,000 D.Total Glenwood Springs increases in grocery space: Smiths +40,000, Safeway +20,000 to 42,000 square feet, City Market +20,000, Giant Foods at 42,000 closed 2/7/87. F . Aspen's actual grocery square footage has DECREASED with the closing of Tom's Market. 3. Since Clark's Market was opened in November of 1979, grocery sales have grown by approximately 20% to 30%. I wish I could supply a more accurate number, but I only can estimate grocery volume other than my own. More grocery shopping has stayed in Aspen that once went to Basalt and Glenwood Springs before Clark's opened. At the same time this increase in demand has occurred, Aspen's total grocery square footage has actually decreased as a result of Tom's Market Closing. 4. Upstairs bakery space was grossly underutilized after "Pour La France" moved to their own bakery at the ABC. The bakery was utilized exclusively for Clark's Market's customers. The retail selling from the bakery space was discontinued and all products were sold in the grocery store. ,We. then consolidated alJ,bakery iprOducj;ion in,theb~sementarea,aridhave .notbaked upst~irs .in,'Cibout;it;hreeyears .;'-t11e JlpstairsBak:~ryhasbeenused a~<(ll:>reacl;~li.p+Il~~oom,offi~;~":"-~~,~~~f~ge. ,,: n~~:tualit,Y the, .'..~~~~r,~f~~l~~i0~ii!~~!~f~~L~.~.~i~0~.~.;,3.~:.~;.;.':',t~~*~~~10~;I;S/S~,:: ,.ii' ;,;,;~~....,.'..,: ..'....,."'i ;i<"".'i' ,..'" " ;:'<<,5 .r;:it:,Salesper square footare.so,h~gh in Aspen that maintaining variety and stock levels is very difficult. In 1984 the average store had a sales per square foot of $8.00. In 1985 this rose to $8.43. In Aspen there are times when we will do ,over twice that 'amount per square foot. To Clark's Market an additional 1,000 square feet would help immensely in our effort to provide products at all times of the year to our customers. Minimal Impact on Aspen "Size" Considerations 1. No additional footprint. The additional space was already existing space. commercial space has been added. No additional 2. 1985 Total store size of new store construction was 40,000 square feet. The average store in the U.S. is now 33,600 square feet, roughly double "the size of Clark's Market. To all visitors, our store will continue to seem quite small in scale. 3. and will have pollution. I Increased space will not require anymore employees little negative effect on traffic density or -2- '-", 4. ' The use of the space is a legitimate one and is authorized by the current S.P.A. 5. We do not believe that this expansion will be precedent setting to the degree that control of overall grocery space will be lost. This expansion is into existing contiguous 'space. It visually has no effect from the outside of the building and really has only a small effect inside the store. It is only a matter of expanding from 15,000 to 16,000 square feet on the main level. I hope it can I be considered as such and not looked upon as a possible 40,000 square foot Supermarket threat. No further retail sales area expansion is contemplated by Clark's Market. We also would hope that this application will be viewed in the context of an S.P .A. zone. The imp'lication is that your committee has certainflexibili ty in this zone without affect on other zoned areas. ( 6. We also do not believe that this expansion will adversely effect other'small businesses in town. The increased space will be used for food products only. The space that is vacated in other areas of the store will s-erve to add additional food and pet supplies.' ,We do .not.,contemplate..the ,addition 'of any . " .,:1 \;<,.,' ",'." '; ',!\;,<,." " _'. ""'~;'<"':, ,._,' '''',_ ,," non-food h.nes as a result pf ,th~sexpans~on. ~>,Much of the space will used increase,stoc'C""'" tems currently 'stocked in ,the' ':~ t:,\;{:~:6;':ij:t~:[C1r;~;~f;l~~:~: ' ", ) " ;';' ""'~,' :~~,:.',~':~:.'->~,t:~'~fe1,:\~~!,~::!/,~>:,j?<~ :~~ ~~~ti~,:'~':<8':'; ~':: ': ;;.:"<'::~~~' ',': ::' <~~~t ' . ""',','. -.-' , . ';4- ' ?' -3- The basement area was for 2,000 square~feet of storage, but ,about half of that was eaten up by the employees' breakroom, restrooms, elevator room, electrical room, and compressor room.' ' .,,>/,,'>/,:,,, ~,:::,~':;"i,',:>,:",~, " }<,,:,:-:::. {i;,~';:;\,~L; " , ' " " All.baking was consolidated ,inthe,:,;basement area and .,the <upstairs area was turned f~Ilt:q~~~p:ffice, bakery .', packaging, and storage. _: .:; '!,;:..":,~,:t:;/3'fiJi!ig,'t "",1g,?'lf~,~",:""ki:0:;;" .,\""":,,\{~ i " ,,:,:, "1,'::.,.' "', . /;;;;;::i4i'''C, d,"" ~,< " ":' ,:.:.~, :.-.~" . ' /",'; '\; Clark's Market 'got "a "building permi t',.to ,takethe,wa ::,;;;rout,,;b~,t,~een.~hegroCerysto:re _,~n.c1,}~pe ::bakery, 'b~f,~id '.t~,:~:not;:do:Ltbecauseof a problem ',W:LthtJim Trueman. -': , ;,y:~.X :,~ '~>::;;':'~:~1~*I.~~~il::;;;':~J/t.;::;:yt',;':'~;::,,:' ,;' ,<,,',~~ ',::>':~>":::"'i' : i "-'-:':'::. " :: ~;~~:" "::/~:rrd;~ r\~r': . ;' :.", ,':. .i~))~~if.' " Clark's. Market was reissued a building permit I' 'but Trueman stopped construction again.' :: ~e 'agr'eed to revent the D~li exhaust and to quit carrying rental videos and VCR's and in return Jim Trueman allowed us to do the consolidation of the upstairs bakery ,and Clark I s Market. We made some changes in the construction plans and for the third time, got a building permit. 1976 1983 1984 "0';",- ;-;/s;-;~>: 1985 1986 BRIEF HISTORY OF CLARK'S MARKET AND BAKERY SPACE Council restricted Clark's Market to 15,000 square feet main level and 2,000 square feet in the basement. Actually because of the need .for office, checkout, ,and meat/deli/produce/productionareas as well, as frozen/dairy/produce/deli/meat back room cookers, the selling area of Clark I s Market is only about 10,000'. January we completed construction and almost immediately we were in trouble with P&Z. During the -last two years, we have tried on several occasions t,o determine whether or not space restrictions were , actually imposed on the Market. While we allthought they were, we could not find them on the final platt or'in the minutes we read from the Council meetings. As usual, ,,' the restriction was found immediately after we finished construction. ' ,-,; , ';":.';:"";""" 1987 Planning Please realize that we agree wholeheartedly with the and Zoning process and we firmly believe if it were not , " ' ".'i ' ;' :.^,,:" :<<~'j?>~}f~t,_,z.~'/,,'",~,,/,';- <:';-,<~,j .. '-.-, ,;,'" ~ ,\,', ". :'T;!~' ,.,\~,' ':':">r:, ':<",; :;:'" ,:"'-' ,{",,:':, '1'i' ,',,', ;:":_:':':~,:f::::,'- '\'r":,:~", , '" "_:;:;;~;')';,::;:' ,-",,-,',Y'. ,/..',' ~::>;, -~" , ;"4-'- '-' .' . ,"e:,:;,::":- \," :",,;,:,":: ",,, '1,,:', ":';:~'i":"',:'-"': \ '-~:- ':' . ","-'.-> ".:'"" .~" ,;-- 1"""\ 1"""\ for this process, Aspen would be full of large chain stores, and Clark's Market would not even exist. We sincerely hope that you will approve our amendment to the S.P.A. We will cooperate in any way possible. SinC?~ J. Thomas Clark ,,-., ^ i.< i-': I ~_ i,-- i:=;', i1u :.:) Cr ... -,";:;", ~' - (s~, .' - . ....,~. . ! ~I ~I ;i~ &l~ . 'il ~ U o o CI 2 - o c( o ... I- W ~ II c( ~ ~ ~ '~L'" ! &:,"- ~ ~ I: ' " ..~ ' ", ~ -' -~, ' i ..~:: , ~" ,!.._ lD 'i - , i ,'I, ~ j, _-'-'..-- II , ---"c( ~ ... ' u <l '--~--' :.. I! I! ,~ ? ~'\,l~ f( 7.' i) : I t ~ i i i ,'__.. c .-..,-- --I 1 I Ii 'I , , i I ~ <t .\\'\ r ~i ~! 1 , \ ' I I ~ ~-~ ...- ,,_I~ !~ ~ ~ ~, -'-' ~ =,;..- ;;.::-- '(-.. _".h. . -" >~lF"l~,:,' ; , ~, ' t~] ,n. 1=, _Ii ,J I I ! , I I, ... '" t"- ~ MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: steve Burstein, Planning Office , RE: Clark's Market SPA Amendment/Floor Area Special Review DATE: April 7, 1987 ---------------------------------------------------------------- ---------------------------------------------------------------- LOCATION: Trueman Building, Lot 1, Trueman Subdivision. LOT AREA: 2.552 acres (111,165 square feet). Existing floor area in total building: 47,000 s.f. ZONING: Neighborhood Commercial (NC). APPLICANT'S REQUEST: Clark's Market requests approval of a 1,000 square foot expansion of floor area. This expansion exceeds both the 15,000 square foot limitation in the Trueman SPA plan and the use square footage limitation for food market set in section 24- 3.6 of the Municipal Code. The area has already been taken over by Clark's. A building permit to add the space was issued based on a misunderstanding of the planned use by the zoning official; and the applicant has agreed to come in after the fact for the appropriate reviews. APPLICABLE SECTIONS OF THE CODE: section 24-3.6 establishes the maximum gross floor area of a food market at "12,000 square feet with an additional 3,000 square feet permitted for storage and accessory uses." The Planning and Zoning Commission may grant a special use approval for expansion above the limitation "when it is satisfied that there are practical difficulties or unnecessary hardship created by their street application, or that public need and demand require an increased floor area for a particular proposed use." The Trueman SPA plan approved by City Council on January 10, 1977 constitutes the site specific requirements on the property. After considerable discussion at that time, Council limited the size of the grocery store to 15,000 square feet, reduced from the requested 20,000 square feet. section 24-7.9 establishes the requirements for amending an SPA plan, requiring P&Z recommendation and Council approval for this activity. The SPA Agreement Ordinance does not state the size limitation and, therefore, need not be amended. PROBLEM DISCUSSION: Clark I s Market already exceeds the 15,000 square feet limit on grocery and accessory space with the 2,000 " ("""'\ ("""'\ square feet located in the basement, and 15,000 sq. ft. on the main floor, totaling 17,000 square feet. The 1,000 square foot expansion would bring the store operation up to 18,000 square feet. Tom Clark has presented in his application, the argument that additional space is needed so to provide greater variety of food items and remain competitive with other markets in the valley. It is stated that the market can utilize its space more efficiently given the added retail bakery space. He has noted how much larger are the supermarkets in Glenwood Springs, and that, with the closing of Tom's Market, Aspen's market space has actually decreased. For the purpose of comparison, we note that City Market of Aspen has a total floor area of 15,700 square feet, based on a special review approval by P&Z in 1980. In 1977, city Council placed a limit on the market to keep the scale of operation in proportion for a community the size of Aspen. In addition, council was concerned that there be a balance between the NC and SCI uses in the total Trueman, Building project. Significant impacts ofa market include: traffic generation, parking, service vehicles (including semi-truck- trailers" smaller delivery trucks and BFI vehicles), employee generation and potentially forcing specialty shops out of business through size and dominance. Expansion of Clark's Market by 1,000 square feet does, not appear to significantly change the scale of operation nor cause new burdensome impacts on the community. As the expansion is internal, no commercial floor area is added to the Trueman Building. The 111 space parking lot for the Trueman Building should continue to be adequate. The applicant has also stated that no new employees will result from the expansion. circulation for service vehicles has always' been tight for the current level of Clark's operation. According to the applicant, supply service and trash hauling will not require additional service vehicles because the "economy of scale" allows a larger number of food items in the same number of deliveries. Tom Clark will present a new loading dock set-up designed to alleviate problems of delivery trucks stacking in front of the store. ' (See attached "Scheme P-i") . The new loading dock would allow for two bays, one of which may be used by smaller delivery trucks, and would make room for a cardboard compactor. The expanded dock receiving area would have dimensions of 23' x 23' (529 sq. ft.) and would be considered additional accessory space of the market. However, no new FAR is added because the area is already covered. In addition, the largest truck/trailer fits inside the loading area, so there are no additional visual impacts created. The Planning Office supports this improvement, planned to be finished by June, 1987. Mr. Clark's arguments regarding marketing efficiency, and the 2 ... ~ .~ community need for a larger operation at this time appear reasonable. If the added space is used for food items only, as contemplated by the applicant, then there should be even less potential impact on other ,specialty stores in Aspen. We also note that to the extent that Aspen's food markets are improved, more shoppers can be expected to shop in Aspen and not drive down valley just for food items. This is an auto-disincentive and is another reason for supporting this request. RECOMMENDATION: The Planning Office recommends the Planning Zoning commission to approve the requested special review recommend to Council approval of an SPA amendment for requested additional 1,000 square feet of Clark's Market mercial floor area subject to the conditions that: and and the com- 1) The market does not expand its line of products into non-food items; and 2) The proposed loading dock alteration, not to exceed 529 sq. ft. in size, will be built prior to June 15, 1987. Use of the space shall be restricted to loading dock, receiving area and cardboard compactor purposes. SB.CLARK , 3 '.. :C;,;" ::'>', ',,"' ,~ ..-, D @,,' @,',".,~o\Wrg,l~ lIB I 11981 lUll I ,', jllJ) CITY""J" . SPEN ' ",..\, :,'::,'i,t "~\ " , ""':"::: '::':"':<":"f<:i'"":'~' ... ~;;;?" ,;",:' ";.'....J ~<,:;;:. : . '130~out ga enlihtreet "" '~;..,:'''' " ,,, '~"-;'f'" ':'~,,:"> ;\~,'~~:~~~,) ~."~~~/:' : ',a s p ejl';l,cQ to:r;,~d:(C 8161 ; :.'1?303:9{5~2g20')' ' '. LAND USE APPLICATION FORM:" ',1,/" , :' >)'iF;~~i~~:';""" DATE SUBMITTED ,',', ' ,,':-:",,"'-',,-':.;:' "';".,' -- , ' " ""'-":'::::':'7 ~/;~It;7 $680.00 .. i" '. ~ "'. , ',' "":~''::, "."~(:',o:>+:~~::;::'1:": ,,~:,.,,>, 300 N. Mill Street, Aspen,'CO 81611 FEES " NAME , ADDRESS Clark's Market ;Pt~; :~~i{i~t'~f!,i:,~\~" \ I .,'.:"" PHONE, ' 925-8046 NAME, OF PROJECT , ,:,~,;' \~:: ':: <<~<~&!r~J.>_j> "\ ;':;, " Remodel of' ~pst,airs Bakery , '; ':,',j- :~~!}~~::' ~!~L~~~i~~tt~~i\<:.F~,::'.y" " area ,PRE5ENTZONING SPA :,".:':,,:: . I" ": " '}~' .,7 ;,' >~kt',;:Y::~;i1:~::"~>: ")', LOT SIZE' LOCATION , "';'~ ':{0,,;';~p;~\**:;~t:~~~'~'~~\l;,:~;',':": 300 NorthMill~street,'''Aspen, CO (indicate street "address;;i\:lot', and block number. description.: A, v;t."i!li):,)i;, map:,:is, very \,seful.) ::::::::::~m :::::::: ~~~: ", '-;::;};/i,~: ;~~~~~~'~:,':;:j::'~~<>(": May req~ire legal units units DESCRIPTION OF EXISTING USES Superm~r~E;lt to include; Deli. Bakery. ,- .:.,' , '- ':..,,:, ;,,~i:,' :;','i:,:;~:,(~'~~,t':~;*1?;~(.tF\'<\>'-:ii Meat, Produce. Floral, Readinq' CenteE): Grocery. Dairy. Frozen Food; " :.. "::;:i~~';K7~:, :>4{J!ff{~~!f!:Mjji/ 'General Merchandise. Health and'Beauty Aids. '. <t-'> >-"", ;"i~}~~~~'~~;Xi':l"':'" ~"',~'~f."-":_<f"'1,~-~~~~7~;,,,,'.',,,, '.' , ,f,:~::;'i{;Z,)~?:~\2",:;::~,;: ';X:;' . ,'''-:;,<' r"~"<,,,, ~"s; ,,' . ".-,,)., " ,,,,-...' ,:';':,,"'."', /, DESCRIPTION OF, LAND USE PROPOSAL ";;~;:\~~'4;i~~;:~f existinq URP-~. .' {~'~~;,:':~;:t~~~;A:~tt;;~~~;:i);:,:'~ ".',;.- "..;,-;, ';::,;:>.!,'::;)j,1':-.?:i,(.:,;:'~;;"J.:':i-h.*'W!/:!t:.t?~:i,;! ' ". ..t,:,;: . ./'; '.;' :!,;>~~ . '. - ',"'.... ~ ,.;; . '. . '" .:::./: ~~. ..<.~>:' .. .' TYPE, OF APPLICATION ,,' ,":" ',," .-,' ,,,' J,;'''-,i,' :":'ii'A,/,~",,,t)-, ~~~c~i1:',";,~'~""" '..., ,,< Amendment":of S. P .A ./Special h'l '!"2'4'~:3''';6'\~i!.~~~{'' ,APPLICABLE CODE SECTION (5) , ' ''''''"'" ''','h Review' ",\. '.""',}' >"':--';'c';':" .' ';,0" . '" ' "~::, '.;~;:h~}{iG(r0;y,;:,(i:' , ',W ' All applicants "lI!ust: supp,lY'jProof of Ownership in the form of a title insurance/,c.ommil;m~nti'ror~statement from an attorney indicating "that he/she ,hasiresear,c.hed,:jl:;he" title and verifies that the applicant is the' owner,: of :,the;;;1l"oper,ty:: (free. of liens and eucumbrances.) , " ,-' ,,:',: ^:',~' ,> ::',>'.::,;~L~':.\;:\r<YT :;:' ':i.'~~':"~',,:~::';l;~;:?::~::{4:,yt*;t,<;;~\<',::,: -';:' :<":, ,;:::',,:",:', - "., , 'If the p,rocess':req'ui~e~:a."),p~R,lic hearing, a Property O'Wner's Ull :>.must..be, suppliec\""w~i.c)lJl..g:!r:v~,~,~';al1,ownel:'S ,within 300 feet in ,all " "directi.o~s,,:in some'"c~13e~'!and ,adj acent "owners; in some cases. ' . '!<''''''~',;_:~'v "' :' ;.~.; ",. , Number' of copies,l.'re~uir,~4,: (by, code and/or in pre-application conference,~) " \~.,,,\ <r>~;;; " ''',:J; """C"",j "",. ,._NO "^',, ','. ,PLAX AMENDMENT REQUIRED ,'" DATE PRE~APPLICATION CONFERENCE, COMP~ET .' .-' ':':c;,,""';: . ,:,:;",,:::'-:> , t,,',,"":''--'-' 4. Plat by Registered Surveyor Yes No -------- , ' , . ',. . .' ,"', ,'. 'Current Floor Area Breakdown' 2,000 square foot Basement: 1;000 square feet Storage. 1,000 square feet - Compressor room, electrical room, elevator and janitor room, employee breakroom, employee restrooms. 15,000 square foot Main Level: 2,000 square feet checkout area and offices. 3,000 square feet preparation areas and coolers' for dairy, meat, deli, produce, frozen food. 10,000 regular sales area. ~ .,,\ ' . ' . ~", _), :'~'<':7:,', ,." - : >:,.' " " 10% increase to current selling area, 6.6% main floor area, or 5.9% of total+.grocery store space. Percent Impact o'f 1,000 Additional Square Feet at Clark's 'Market ,,'-'.",' ",,'. ~ -\':.'.' :+,'/:;:':' :~v:'.; ',., ."~_,, ,of 'total :";',,:\",:i:ir~;::~:~b';~'i~!f~':~,;>;~C< ':,.,' ::i' ''''''".; .i'.:"., ,;~ 'C";'. ',,",V:;,, : ""', " " I'~ ,", "''',' ,::; .,:::,:': "" ,;".: ',:->':--::".' .:<:~..(,:,:, ." "..' '.~~,::': ::" :'; ':.' ;'~ ': ., , ., , '. . , '; "~~~. ",(: Market ys. ..,'.l'otal~Shoppirig Center ," " currently,~pperates out of 45.9% of the increase ,to 51 ~35% ',.",..,,-, " ~v 'c,., >'i.'o< '<', <."','::',-, , 'i .....' r >;,\,'" . ",:-" "'A<;~ :/:,)~'~";,;N:ii;,;,';;1%f~'.;.'{ ,,' ': y,;, :" ,;:,,',',!:,/ >' ',' , ";-" ',' FOOD llfARKETlNG FACTS ",l"~.(J..,~,tt:>:~ ",'I~""( "''J$'l!&i'''''J~-"~::\H-~'YY~\-'-'!;~ "-"', ' " " "'Jc; '",. "'IP ~ '!i;'J:, Sr4it-ti,':?~>' 'I ,'~. ~ ~ix ,y.'ii;.;l' S0iH;{. \ ""~1l(~1,"';;(;"W'3~'tl~') '~/"~* );;:i < "'~"'~;..'~ 'ir.f~ }e ~ ., "'; '. . I Data and statisticS' for 1985 't ';.' ): , ,; ','" ':, ,-.,'.' ," ',.-:,,: ,-"'. ....','/" -,,' ~",,:' -, '- .. c,"'" .'~ .. c> . ,~:':i/ ' . ,t\.-;::'y,<:~' " ':",i" ",/,_-")""~ ;(\' ,/, ,_." ," . 'f..;'::..",'-: "'.';' ,,' , ,~, -" - ',' , ',': , Total grocery stores Number of employees Total grocery Sales Tptal supermarkets (over $2 million in annual sales) Total supermarket sales 154,000 2,3 million . $292,2 billion 30,505 $209,8 billion Source: Progressive Grocer. Annual RepOrt, 1985 Net profit after taxes (1985) Average weekly sales per supermarket Average size of new store built in 1985 Averagenurnb~r of items iI1~superrhiirket 1.19 percent $206,543 40,000 square feet 17,459 .. '-'''''~,',"''''<'''i':':r''-'_':':-:'''';'>'' :"'>,'; Retail sales gain over 1984 :i;::,:?:t,',;::/: ':{:'Z!';;;.~->;":0<~::- " _i",c\,'.. ",.-:--.,;~, __",: .,-~':" :C"- . ',' :;:')'(' :;":,:::::~;A;~li:5:0%.\~.~~i~',;'~kg:: >.,);~"r ,(,"0;;, 'J~/~::; ;;:;frO%',!~;':\;:,;,;/:r":bt ' :~i/~i~:~:}'~f"'$8~4'3 ': :i'~~V.~\'~~~<~~/b<:::;Y} ,:i:/;.r:' . Wh~l~~~:":~~~gai~iL'bV~r --1'984:' ):~i~tf'~\Yiif,:,;~~~~tjA::\;;ti!j.~ft~;}~:. SaleS p~ labol' hour Gross margin with warehouse Gross margin without warehouse .... };,C:':';':w'" ':- '%':'<kl'~'j~lt:%~saI'iJ';~:"~10}~~/1~~ii#~~Jt~~{~:i~'~" "',-' :-;<. '~';,;:tj:i~~i~~,:i:~~~,\:;f~':1~~~W10';t,_"~~~~;j)ttW::t< . , ee y es per square oot ""'" ...",..... :1" .., ,.....", ."..., , , " """ '- ,', '" -," "',", '-"," ' ," ___ ". . ....,'..c. .~, , .:~ ';'&l~~p~~;;;~ri~ttrii~iti=~ti6~';'~":;:" :, ):'~~;:':~;:,~~'C;4~~1;~:~~i~:t~~1~;~S~: $16,33' ';::,F'- .".... .<'>ii~~~~~'$88:80:'c'::~,0~~4:;1~~,~~:~~~;:!_:~,J1~~ . -',~' ': -. ,,-,":t~i 24,0% '. Source: "The Food Marketing Industry Speaks"/FMI These operating results are typical of FMl's member supermarkets. They represent average performance based on data from a cross-section of our membership, FOOD MARKETING INSMUTE The Food Marketing Institute (FMI) is a nonprofit association that conducts programs in research, , education and public affairs on behalf of its 1,500 members-food retailers and wholesalers and their customers in the United States and overseas. FMl's domestic member companies operate more than 17,000 retail food stores with a combined annual sales volume of $150 billion-half of all grocery sales in the United States: More than three-fourths of the FMl's is composed of independent supermarket operators or small regional firms. Its international includes more than 150 members from 40 .. -:-!i' "~. SOURCE: Food Marketing Institute SOURCE: Food Marketing Institute , Average Weekly Food , . S~ore Sales SOURCE: Food Marketing Institute'- ,-', ':::~.,,' " .'.",',0"" ,'''. thirds of all stores clOsed in 1985 were conventional stores, 25 percent were super stores and 8.4 percent included combination stores, warehouse stores or ~'other," Slightly more than 70 percent of all supermarkets were' leased from outside companies and 8 percent were leased from a subsidiary or parent company. The cost for rent , a new store was, on average, $6,20 per s<Juare foot while the cost o/renting an existing structure was $4,34, And :, .'. ~.:' ''';,,/.~ ' '<(>;;~::_' ,-,';','" "". , < . ,- , /J>.....:'/""...;, ;,.-- ,;;;,. ,:""",,', " --" ,~. -.,''''';------ -"- , .;" '~'i/'~;;':C.~~:. '_:~~~~~i:~\:-: .. . , : "f\'~~:~:'t~: <, "~':'o:;:,::~i~::'l': SOURCE: Food Marketing Institute for the first time, FMI tracked the percentage of stores , which were acquired from another company,F~r.1985, this was 2,3 percent. . ". .;,','" ~:;:';-~:;'7:Y"';:;';:, "; , ',.' "'.'. ' _, ': .. "":",.""t<;i'f'B".~,.,~",, '. '. The square foot cost for remodeling a store waS typical- ly $17,00 in 1985, with a range from $6.95 to $24,00. The ' total cost for a mllior.remodeling typiclllly.ex~eeded , $400,000. "\Q:j~;~t;,:~iY;ftf~,~i;~0~;:/~~~';ii?~+~~~:;(.~}?,i~:~tp~~~%~:.>t~,~j,;,~;:. 'J~!;'::': Supermarkets got younger in 1985, Store opernng and '; ':,:.,;:::: ,,:., 'b;~~' . .:'~,t'.,;-- ',,,~',,, ->~\\~;M~~t~1{E;~~~:::;\ . ^, .", '+,-,:\_:;:-i):<'" 'Y~'"':' -;-.- "'r"""::_':-"~':'-,_h'"",_ -, i' ""~>> "Yi"f;, , '?1~;~';A,'\;'U':i%CAf;:~i~:~: , .','> ,'''-''; ",>' .,:,+::~'j~:' ; -:;,:}<:" ' '.. ",.," .t,:~"L.~,::,',',~,'~,,"':' ,""'::".' ,7 "'c;,', 'C",'" "'~J~\' ",'.,' .', .c'., 'i7-Y!"?'- .:,:',:';:'::~/;~,:,,;,.".... ....~: ;~<'.."~::-' _,' p', '" ,',', '"...., "0 ".." . f:" GJ :.: >,' '~"~", ,,0 8 't1 -::- ... ... CLl~ !! _,...;.. c.; ",m ,"':',' = ..., --,-."Ao) = _ ..,... ... 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C>l '0 Z g; ~ ~, \ l o ... ... ... ..,; :," ".il" HAGMAN YAW ARCHITEC-r:.TD. 210 South Galena Suite 24 ASPEN, COLORADO 81611 [b~'IT''IT'n @ [f' 'IT'OO~[i\l]~ iii1W'IT''IT' ~[b (303) 925-2867 OATE 13 November 1986 ATTENTION Tom Clark JOB NO. Clark's Market RE: Clark's TO 300 Puppy Smith Road Aspen, Colroado 81611 WE ARE SENDING YOU ~ Attached 0 Under separate cover via US Mail the following items: o Shop d rawi ngs o Copy of Jetter [iI( Prints o Change order o Plans o Samples o Specifications o COPIES DATE NO. DESCRIPTION 1 ea. 11-10-86 3 Scheme A, Scheme S, Section A-A " , THESE ARE TRANSMITTED as checked below: 0 For approval 0 Approved as submitted 0 For your use 0 Approved as noted 0 As requested 0 Returned for corrections ~ For review and comment 0 o FOR BIDS DUE 19 o Resubmit~copies for approval o Submit_copies for distribution o Return_corrected prints o PRINTS RETURNED AFTER LOAN TO US REMARKS Tom - Please call me after you have had a chance to review these. COPY TO Larry Yaw SIGNED: PlWDllCT240-3 1Ni!fD/1nc., Gro\Oll, Mass. Q1471 If enclosures are lIot as. noted, kindly notify us at once. .-." .-." MEMORANDUM To: Steve Burstein, Planning Office From: Elyse Elliott, Engineering Department Date: March 4, 1987 Re: Clark's Market SPA Amendment .-., .-." ============~====================================~============= We have no problems with the above application. 1"""\ 1"""\ 1"""\ ,-" ASPEN/PITKIN PLANNING OFFIC,E 130 S. Galena street Asp~( (X) 81611 ef3) 925-2020 Date: ~ .d~, /q J:f \ Dear This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application IS NOT complete. Additional items rEOquired include: I J Disclosure of Ownership (one copy only needed) Adjacent Property Owners List/Envelopes/Postage (one copy) Additional copies of entire application Author ization by owner for representative to sulxni t appl ica- tion Response to list of items (attached/below) demonstrating compliance with the applicable policies and regulations of the Code, or other specific materials A check in the amount of $ A. YOu~ applicatiprI .i.s complete and we ha~ sch~duled it ~or rev1.ew by the X' C on !III f :t:=. We W1.1l call you if we need any addi tional inform tion prior to that date. Several days prior to your hearing, we will call and make available a copy of the memorandum., Please note that it IS NOT your responsibility to post your property with a sign, which we can provide you for a $3.00 fee. B. Your application is incomplete, we have not scheduled it review at this time., When we receive the materials we have rEOquested, we will place you on the next available agenda. If you have any questions, please call (~iaJ.t- fx))iJ-11Uf ~- the planner assigned to your case. , Sincerely, A;n?ENIPITKIN PLANNING OFFICE Lia"'w,.~ a {I nhrYJ ~ of.: . ,-.. ,-.. - "...... ?-{2J..{ <6/ t;lZ1.J 4,C.ff"t FES '2/~ pO,j . ,,'f""~' ~ ". MEMORANDUM '. '\ TO: city Attorney city Engineer Zoning Official FROM: steve Burstein, Planning Office l-iYr2Al72nnnr;::lfm ! d,u~ \~ I.E~ II Vi} !~ ~ IL"r- ",II ,IKi MAR 2 41987 'Ii ill ~" Ii : , , ' ',!)) . uL -....-1;;;,/ L RE: Clark's Market SPA Amendment DATE: February 24, 1987 -------------------------------------------------------------- -------------------------------------------------------------- Attached for your review and comments is an application submitted by Tom Clark requesting an SPA Amendment and special review for an increase in the floor area for Clark 's Market beyond that allowed in the original SPA Plan for the property which is beyond the stated requirement for FAR. The existing floor area is approximately 15,000 sq. ft., which is the maximum allowed by the SPA for the property and with an expansion, there would be an additional 1,000 sq. ft. The property is located at 300 N. Mill Street and is zoned NC/SPA. Please review this application and return your comments to this office no later than March 24, 1987 so we have adequate time to prepare for its presentation before P&Z on April 7. Thank you. / i C\<0 ()~~O~V~< -'I, -<(, '" . ~ SUM~RY A"I- , . \ j) ~ / S,,0'" L i "'-;'-Lw d, Ii'tvr'O-t I,S1,fiItN 1. Type of Application: r,"-I'l'11I/ll'{fV " 0 T Ij v I 2. Describe action/type of development being reques~ed: l:Xili;^, f/e,,- ,1rl<" Is (. mij,).dd fj-,OO[)l,f, ~lt C:l-P'-IO';Cr, ,l MIQ1k, I OOG sf, 3. Areas in which Applicant has been requested to respond, types of reports requested: policy Area/ Referral Aqent Comments 4. ~5. Review is: <(P&Z Oril~ (CC/BOCC Only) (P&Z then to CC/BOCC) Public Hearing: (YES) (NO) rtJ.ott~ Gi~(I-fj .-;.( m..v.- (! 1~.j'Ul~€iJt.v-J, 6. Did you tell applicant to submit list of ADJACENT PROPERTY OWNERS? (YES) (NO) Disclosure of Ownership: ~~ : (NO) I . r, "'l b.i/1V7 c,,;'7,.,.r, C:1: t., 'I":) 7. What fee was applicant requested to submit: r ' u' . 8. Anticipated date of submission: 1-'lf7!C~'~ 7' 9. COMMENTS/UNIQUE CONCERNS: If I"J;1 A, h, Ct"',I'1 h Sf/; 'M;w~m{y.lnwj. , v 7!1~-4, iv' ..Uv,'Jt>: (J) e~'J>I~n'i Sf#i-<\- r:e'tdJ{ ~n.l NI~JJ~;./ IfW-- u('{'eii/j,J , , '2.) l!i,7D" SPA. iWd-,M.)4 rVliet. (vTi\'!-ll i5,ori!$, n, ('3) IfCA;on, {." ""p,tn!;;;, 0..1 \'1 1 E-f1u,i { c.J1fall.iii1\o ~_ 'tJ. Sttk ftk iII~tkd '\ s,. ;::: li ,< ~. .s> 1: .:;:.; .';' 'x-. c:; :.:.,.-"':" ,"'th,'...:J.'V"";;;'~~'1;<,..."l<>>,,~~"lirMI,"';i:n...~~.~ ';"~...!Jt ..;~. , r-.. If ~'...' :''''~'U-,...<~.,,," ': ~~t ':lfi~- ~ 1":.'" - .-- 1J'J\1e ..' ...J)" . ...."inq ~,. ,4 I,d . , ' ~ 'lid ,:.:cl\. ..~~~ons .. .. ,I '.e 11 , . ../ f ,( tnq .. . .' .!It .-'l....:her : ,. ~ ~:'llle rs ,r'l;."",lI-''"'*~...!:'~''''"'''.'''~~':'>'~~~'-'' .' -"~'..., ,~ .-- , - -....,..-. .~,......'., 1977 , Regular Meeting Aspen City Council March 8. 1976 I' . i ;, I I. Ii E' r I .Il >' ( " ~ .,~i Mayor Standley explained that this permit is for the Ski Club1s Las Vegas night like they ;~~it did last year. It is the major fund raising event for the ski club for the Aspen Skiers . ~ ~(i Educational Foundation. The Eagle's Club is sponsoring the special event permit for the one day. -", . ....'/ - . '.'al ..... '.lion CITIZEN PARTICIPATION Dave Farney~ Little Annie Ski Corporation, told Council there had been ~;owth in sk~ing at Vail last year, and 24.9 per cent for the Aspen area. he felt Pitkin County should plan ahead. Farney passed out a draft of the Impact statement done for the Little Annie Ski area. 2 Hans Brucker told Council he had come up with a personal idea to save money on the b~ick job for the mall, whether it is five blocks or eight. Brucker said he thought this could save several hundred dollars. Mayor Standley said the City had already gotten bid specs oUt on the mall. Brucker answered his idea could be done independently of the bid specs and would present this to City Manager Mahoney and the planning staff this week. a 34' per cent Farneysa'id Environmental 3. Rans Gramiger told Council he felt Owl Creek would be developed with the rail, not necessarily with any other form of transportation~ Gramiger said he felt light rail is a tremendous growth generator, and the impact on Owl Creek will be great. COUNCIh'ffiMUER COMMENTS 1. Councilman Behrendt said the alleys are filthy and practically impassable in certain places. The malls are still dirty. Councilman Behrendt said he would like to see an effort made in the next week to clean them up. 2. Councilman Wishart suggested the City look into a Charter amend~ent to stiffen up the requirement for getting petitions for initiatives or referendums. City Attorney Stuller answered that could be done by extending the number of signatures required or limiting the items that can be voted on. 3. Councilman De Gregorio brought up the vendor on the Little Nell's sundeck. City Attorney Stuller said the vendor had been cited by the City this morning. 4. Mayor Standley gave congratulations to the Aspen Police Department for the fine job they did at Vail and the Colorado Law Enforcement ski race. 5. Mayor Standley told Council he and City Manager Mahoney were going to New York to make a presentation to Moody's on the City's electric bonds to see if they could get Aspen an A rating in the bond market. 6. Mayor Standley said the whole deal with the Aspen Institute is getting obfuscated again. Mayor Standley asked ,City ~anagerMahoney, Ms. Stuller, and Planner Kane to put together a packet' for the next agenda. The Institute Board meeting is on March 26, so'the timing is appropriate. Maurice Mitchell of Denver University said that DU had not made, up their minds whether to put undergraduate or graduate students here. STUDENT COMMENTS There were none. BOARDS & COMMISSIONS APPOINTMENTS Councilman De Gregorio moved to nominate both Costa Johnson and John Schuhmacher to the Planning and Zoning Con$ission; seconded by Councilwoman Pedersen. All in favor, motion carried. John Schuhmacher was elected by 'paper ballot. Councilman De Gregorio moved to ,re-appoint Gene BishOp to the Board of Examiners & Appeals; seconded by Councilman Wishart. All in favor, motion carried. SPECIAL EVENT PERMIT - Aspen Ski Club Councilman Behrendt moved to grant the special events permits; seconded by Councilwoman Pedersen; All in favor, motion carried. TRUEMAN PROPERTY - Conceptual subdivision CitY/County Planner Bill Kane told Council that six major points had been agreed upon since the last meeting. Trueman agreed to aGO foot road and proper alignment has been showed. Any reference to the post office size' b.as been dl:opped; the unnecessary curb cuts on Mill street were dropped. Adequate provision for separate conveyance of land to the school district has been given (this is lot 4). ~he sporting goods rental has been dropped. Kane said this left two issuesithe use of land in the panhandle, and the issue of the food store size. I Jim True~an told Council he had reviewed all items discussed at the last meeting and had made changes favorable to comments of Council. Trueman said he would much appreciate a motion to approve the subdivision plan as submitted. Councilman Behrendt questioned not using lot 3 for one year. Trueman said he had no problem with not developing it !I fer a year. i, I' II " I: Ii II I' Ii i: ,I Ii ~yor Standleyls only comment was on a grocery store at 20,000 square feet. M~yor ~tandley said after talking to Bryan Johnson, ETF, and Pamela Gassman, he feels that ~s an inappropriate size grocery store. Hayor Standley said he would like to see a 15,000 square foot grocery store, and asked for Council's opinion. Councilwoman Johnston concurred that appropriate size is 15,000 square feet. Councilman Behrendt wanted ,.. .,./."'''' , ._'-~z.~:.:':."~::'_'.:'. ,-",--~"---'-'---'-~-""'. "",~.J.-.~~*",~"" ~1978 "7 ~ , I I J ~ , ; i ! i } I. 1 ! 1 1 , ~ , '. ? I ~ ) .... , ;) 1 l i "~ ~' ';' ~ ~ j " . ; i ~ 'j " . " '~ "; u 1 '::,r n ~ ~:-l: J.~'. -,,1 )J; i 1 _... .'11 ~J .~;"q ;.;~ ~ , ;;,',1 ~i~ ""1> i .~ ~ ~q _J ,11,1;1 J.n ( <~'i.' .f'. :Re~ular Meeting Aspen City Council March 8, 1976 " .,"~~--'" 15,000 square feet; Councilwoman Pedersen - .15,000 square feet. Councilman Wishart said CounciL had gone through the process, and he 'would stand by the duly.reachep decision of 20, O~OO square:.feet.-" Councilmap: De Gregorio obj'rcted to,'(9.~\2:0~:OOO:,I,s<a:1J'are foot store ',bec'au,se 6f. 1:hat":.12';'OQ'O 'scI\lare,.feetis. grocerY:".'and the :C?th&r'~,-9...;6oo"sqU:a,1':e feet -is .'ott1er"retaiJ.. uses... 20,,000 ,square feet- i?t,oo',mu'ch, beca,use it. is not a grocery store. CQun~ilman Parry 'agreed with Coun~ilman Wishart, and said he believed that 20,000 square'feet is ~he right size for that location. Jim Trueman told Council he could not get an operator capahle of running a sto~e for less that 20,-000 square feet. Trueman said the grocety store is the key to the project. Trueman said that zoning exists for a 20,000 sguare foot store on that piece of property. Councilwoman Johnston objected to the size of 20,000 square feet because it is a traffic generator and brings people from other -parts of the city. ~oe Porter said that Trueman had been operating with the due procesS of City Council and had gone on from that point. Council has changed their minds, and Porter said he did not know where to go from here. Architect Larry Yaw said the basic problem is that if the 20,000 square feet store doesn't happen, the operator of that store doesn't happen, then the whole project doesn't happen. Yaw said he had gone through every phasing strategy possible to make this happen. ( Mayor Standley said when the Council changed their vote, they were being responsive to the citizens. It is unfair- to say that the Council is not being predictable and con- sistent. Aspen now has a 15,000 square foot grocery store. Mayor Standley said it woul be absurd for the Council to allow development of 20,000 square feet not knowing what kind of political changes are quite possibly going to occur in the next couple of months. Mayor Standley said he felt the Council had strong arguments for a smaller grocery store. Councilman DeGregorio said he did not feel it was the City's responsi- bility to guarantee a developer economic profit. Kane said it was desirable for. the City to express what it wants in the way of a grocery store. Kane said he had a hard time believing that someone can't 15,000 square feet and make a store go in Aspen. Co~ncilwQroan,Pede~sen,said theargurnent in favor of a large food store was based on Basalt and Glenwood Springs. This is Aspen, Colorado, and there are certain things here that are valued such as scale, not too much convenience, taste. 'I'ru pro c;::on Councilman Behrendt moved to deny the conceptual subdivision approval; seconded by Councilwoman Pedersen. Trueman asked 10,000 sguare other retail: include 2,000 Council to consider the fOllowing changes: second floor employee housing feet; ground floor 15,000 square foot grocery store, 10,000 square feet basement 10,000 square feet of health center and service retail and to square feet of storage for a total of 47,000 square feet. Kane said to take 5,000 square feet out of the grocery store may not accomplish Cou~qil" goal; it may just relocate the 5,aOe squafe feet, from the grocery store. Theargument agair.st the20,QOO ~qua~e foot grocery store is mainly against the non-fqod items: ~this would just be I'<\oving them. Kane reconunended this 5,000 sgua're feet be: put,'!iri;to,,"~~I:'~ice: retail uses. Architect Ya..... said the specific uses would comply wi:th../theHne:lgnborhood: co~~ercial' zone. No one knows at present what uses will be in there, but they' will comply with the N/C standards. Mayor Standley said if the uses are restricted enough and given identification so as not to pull away from the tourist retail, then ft'does not create that problem. Kane said his argument is the duplication of commercial core retailing. l' I Councilman Behrendt withdrew his motion: Councilwoman Pedersen withdrew her second. The submitted sit~ plan was'-'marked. to indicate the changes and resubmitted. Councilman De Gregorio roovedto approve the site plan as marked of to include dropping the market to 15,000 square feet and inc~easing the retail to 10,000 square feet, at the zoning discretion, includ~ 2,000 square feet in the basement as storage and to hold the panhandle in moratorium 'for one year; seconded. by Councilman Parry. Councilwoman Pedersen said she felt the town just retail. Councilman rlishart said if, in what will move there. needed service/co~~ercial areas most: not fact, those things are needed, that is All in favor of the motion with the exception of Councilwoman Pedersen. Motion carried. ORDINANCE #4, SERIES OF 1975 - Definition of Commercial Bakeries Mayor Standley opened the pUblic hearing. closed the pUblic hearing. Ther~ were no comments. Mayor Standley Councilman Parry moved to read Ordinance #4, Series of 1976; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE H (Series of 1976) AN ORDINANCE AMENDING THE ASPEN ZONING CODE BY THE ADDITION OF TIlE SUBSECTION (00) TO SECTION 24,3-1 SUCH AS TO PROVIDE FOR THE DEFINITION OF COMHERCIAL BAKERY; WHICH DEfINITION PROVIDES FOR PRODUCTION AND WHOLESALING OF BAKED GOODS BUT PROHIBITS OVER THE COUNTER SALES THEREOF ON THE PREMISES was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance #4, Series of 1976/on second read1n9' . seconded by Councilwoman Johnston. Roll call vote; CouncilmembersBehren4t:.", ay., De Gregorio, aye; Johnston, aye; Parry, aye;'pedersen, aye; Wishart, ayer "4yor Staftd~.f aye. Motion carried. ~2146 ,~ ~ Regular Meeting Aspen City Council January 10, 1977 , .---~-~ ,I~ ._-- ---.-...--.." ___--::::: City Clerk told Council that the Aspen Inn Club had submitted an addendum to the manage_~ ment contract with the Arya, which had met the state's approval. The lease is correct. Aspen Inn Club has met with the sanitarian's inspection. There have been papers sub- ' mitted for a purchase and sale, but this will be considered later. : I " , I All in favor, motion carried. LE CABARET - Purchase & Sale Councilman Parry, moved to approve the purchase and sale of Le Cabaret; seconded by Councilman DeGregorio. , L,., ... ~: ., Brooke Peterson, representing Abe Siani ~ the purchaser, told Council that the new S.;. operation will not be run like the Crystal Palace but will have meals separate from the show, which will be more like concerts that a dinner show. The menu will range in price from moderately priced and a la carte to extensive and full meals. Peterson told i Council that out of the proceeds of the purchase price to Le Cabaret; sufficient funds are being held out to pay the outstanding debts. Siani told Council he' was in charge of food and beverage operations at a country club before moving to Aspen. All in favor, m~tion carried. !RUEMAN - Final Plat Approval and PUD Hal Clark, planning office, stated that the planning office recommends approval of the final plat. The final plat, PUD and SPA rezoning are all being done at once. ':'r _..... r ~ !.l Councilman Wishart moved to approve the final plat and PUD; seconded by Councilman Parry~ ^ii: City Engineer Dave Ellis said he recommended final plat approval but wanted to discuss the capital improvements necessary in this area with Council. Ellis stated that Trueman has agreed vIi th the reimbursement formula '-lorked out for Puppy Smith street. Trueman has worked with the City extensively and has used the alignment given for Hill street, which is an 80 foot right-oi-way. 1n the plan for water and electricity, there are certain requirements that the City has: the obligation to complete somewhat independent of Trueman. The capital improvement for water would provide a 12 inch main on Mill street and would cost roughly $19,334. This is a high priority. True~an's building site will necessitate the relocation of an 8 inch line; Ellis recommended that the City pay for oversizing Trueman's 8 inch line. In electric utilities, Trueman Would be providing service to his commercial development,' which is a small percentage of the total project. Ellis stated that a loop system would be best in this situation. It will cost about $20,635 to implement this. Ellis proposed that the City pay fo~ 50 per cent of the street lighting improvements on Puppy Smit~ street; there is no lighting there now. All utilities that exist now will be taken out and the new ones will be undergrounded. Ellis to~~ C011~cil that the biggest expenditure in conjunction w~th this project is improvi;1( ..i~' street and the storm drainage system. The $202,000 f1gure 1S a conceptual estir-:ate .i.:.'.) :~:.:ten.d a 48 inch storm drain which now terminates at Bleeker and Mill. Mill street wiJ.l having to be regraded and ~idened. Of the total cost, the storm drain~sc 'iil} be approximately $80,000. Trueman's participation will be in the range of S39. ")~\ r11is pointed out that construction of Mill street in 1977 is not feasiJ:.l,-, .;~:3 t:lere are four major construction projects on Mill street. Ellis stated "that it is important to real.ize that by approving this development and the i possibility of a post office, there will be extreme traffic problems. The Council has to make a commitment for sums of money to be spent in the next couple of years to improve the roadway. The landscaping in this area will not be put in until all the improvements have been completed, City Manager Mahoney said he would like to incorporatt the storm drainage to the Aspen Sanitation facility. I Councilwoman Johns~on asked about these costs and the budqet. Ellis answered that the water at S19,334 is urgent for 1977; the electric costs at $20,635 are also important. This is a total of $40,000 for 1977. Finance Director Butterbaugh stated that these funds are available. Councilman Wishart amended his motion to give final plat approval for subdivision and PUD and authorize the Mayor to approve the subdivision agreement and to include the recommendation of the city engineer; that woter and electric improvements are critical for this year; seconded by Councilman Parry. All in favor, with the exception of Councilmembers Behrendt and Johnston. J1otion carried. " ORDIN'A1JCE #70, SERIES OF 1976 - Rezoning Trueman Property Councilman De Gregorio moved to read Ordinance ~70, Series ofl976; seconded by Council- womnn Pedersen. All in favor, motion carried. N.~. fUi'" Tr..."" ORDINANCE PO (Series of 1976) Ii AN ORDINANCE REZONING THE APPROXIMATELY 8 ACRES DImEO BY JAMES R. TRUEMAN AND I\SSOCIATES ACCORDIr~G TO An APPROVED SPECIALLY PLANNED AREA MASTERPLAN FOR THE SITE: THE ELEHENTS OF WIlICH I1ASTERPLAN WILL CONSTITUTE THE DEVELOPMENT REGULATIONS FOR THE AREA, ALL AS PROVIDED BY ARTICLE VII OF CHAPTER 24 OF THE 1.SPEN MUNICIPAL CODE was read by the city clerk. , 'I !: I :t :1 I r .'. ~ ."- ~~ ~.I.. ........ ~~fi~" '~~;>':;~..~i~::7:~7~~~.,....,:"-.::'::'~"~~.:-'~., . ...,.~~f{::~''':':'"':;C,~ ~".... .'~;l ..~ ~ .":....~~~:.~,cOO, .f" .' ~... 1'/' ; : t'.i1,:::>f ~ .(f2 .,. r: ~~ r; 21 t+:~, ~ .. ': '. ii ",'. ; ~, ,\ :., ;i ~ Ii ~ ;,; ,,,, I D :: 1\ I f II ~ ~ o )> " .... Z riJ 11 D n ~ . 1~' 'I .j I j , ,. ", ,..,,'\ ~ ;::q:. \\! II X\r I "i L f M I' j 1 ! ;'1 , I i ~ i-:-- '--- @ fiijjJ -- t:::7 I ~ r:€d: I --.j !iiiiJ ~~-37 i ; i t ; ~ I: i I ) j ,j I ; j I ;' 11: ~,: ,~ ~ I: ~,' "'t;: ~d ii~~ \ ~, . "',' :"i i i ":.. Iii I t I, i ::~' ! 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