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HomeMy WebLinkAboutcoa.lu.sp.ShaperySri � �h kv," —� ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 925-2020 LAND USE APPLICATION FEES City 00113 - 63721 47331 52100 GMP/CONCEPTUAL 63722 47332 - 52100 GMP/PRELIMINARY 63723 47333 52100 GMP/FINAL 63724 47341 52100 SUB/CONCEPTUAL 63725 47342 52100 SUB/PRELIMINARY 63726 47343 52100 SUB/FINAL 63727 47350 52100 EXCEPT/EXEMPTION 63728 47350 52100 REZONING 63729 47360 52100 SPECIAL REVIEW SUB -TOTAL County 00113 - 63711 47331 - 52200 GMP/GENERAL 63712 47332 52200 GMP/DETAILED 63713 47333 52200 GMP/FINAL 63714 47341 - 52200 SUB/GENERAL 63715 47342 52200 SUB/DETAILED 63716 47343 52200 SUB/FINAL 63717 47350 52200 SPECIAL REVIEW 63718 47350 52200 REZONING 63719 47360 52200 SPECIAL APPROVAL PLANNING OFFICE SALES 00113 - 63061 09000 52200 63063 09000 52200 63062 09000 00000 63066 09000 00000 63069 09000 SUB -TOTAL COUNTY CODE ALMANAC GMP COPY FEES OTHER SUB -TOTAL TOTAL Name: 4Z1 / Phone: �`f IV,,11711 Address: Project: Check No. Additional Billing: Date: No. of Hours: BRADFORD PUBLISHING CO., DENVER RECORD OF PROCEEDINGS ORDINANCE NO. 416 (Series of 1978) AN ORDINANCE REZONING LOT 2, TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT SUBDIVISION, ACCORDING TO AN APPROVED SPECIALLY PLANNED AREA MASTER PLAN FOR THE SITE, THE ELEMENTS OF WHICH MASTER PLAN WILL CONSTITUTE THE DEVELOPMENT REGULATIONS FOR THE AREA ALL AS PROVIDED BY ARTICLE VII OF CHAPTER 24 OF THE ASPEN MUNICIPAL CODE WHEREAS, the City Council has received a request to rezone Lot 2, Trueman Neighborhood Commercial Project Subdivision within the City of Aspen according to the specially planned area (SPA) procedures of Article VII of Chapter 24 of the Aspen Municipal Code, and WHEREAS, the Council has reviewed the proposed Master Plan presented and. wishes to approve the same all as provided in said Article VII; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That it does rezone Lot 2, Trueman Neighborhood Commercial Project Subdivision, according to the SPA Master Plan submitted, a copy of which is attached hereto and incorporated by this reference. The area rezoned is more specifically described as: Lot 2, Trueman Neighborhood Commercial Project Subdivision, Pitkin County, Colorado All development in the above -described area shall be in con- formance with the elements of the approved Master Plan, and the definitional, regulatory and other general provisions of Chapter 24 of the Aspen Municipal Code shall, when not in conflict with the approved plan, continue with equal force and effect within such area. Subsequent to the effective date of this ordinance, a copy of this approved Master Plan shall be recorded in the Office of the Pitkin County Clerk BRADFORD PUBLISHING CO., DENVER RECORD O F PROCEEDINGS and Recorder and remain of public record; and constitute the development regulations applicable to the Specially Planned Area unless and until amended by authority of the City of Aspen. Section 2 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. Section 3 That a ublic hearing on this ordinance be held on 1971cm, at 5:00 P.M. in the City Council Chambers, City Hall, 130 South Galena Street, Aspen, Colorado, fifteen days prior to which hearing public notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held at the City of Aspen on the day of 1978. Stacy IIIMayorrandley ATTEST: F:athryn V Koah City Clerk q FINALLY adopted, passed and approved on the O/ d ay of 197?. ATTEST: Stacy S andley III Mayor Kathryn S Koch City Clerk BRADFORD PUBLISHING CO., DENVER RECORD O F PROCEEDINGS STATE OF COLORADO ) Ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Koch, City'Cle•xk�`of Aspen, Colorado, do hereby certify that the above and foregbing�ordinance was introduced, read in full, and passed on reading at a regular meeting of the City'Council of the City of Aspen on , .:`and published in the Aspen Times a weekly newspaper of _general circul- ation, published in the City of,Aspen,-'Colorado, in its issue of 197 and was finally adopted and approved at a regular meeting of the City Council on 197_?, and ordered published as Ordinance No. Series of 1979 of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this-� day of 197�. SEAL Kathyrn S. Coch, City Clerk Deputy City Clerk Regular Meeting Aspen City Council May 29, 1979 I l A ROARING FORK VALLEY FOUNDATION FOR THE PERFORMING ARTS - Funding Request j Funding Request firing Fork Mayor Standley reminded Council they had had a presentation last fall from this group !j Valley explaining their purposes. One of the things the have done was to take on the P 9 Y promotional Foundation effort of the real estate transfer tax, and they worked hard to get that passed. The V for the passage of the real estate transfer tax makes the Morrison stud P g y particularly pertinent Performing Arts Wheeler. Ritchie Cohen told Council the Morrison study will be very practical and toll will be an asset to the Wheeler development plans. Cohen told Council his group had told Council they would fund this study themselves; now, however, a good portion of their efforts will be entirely devote to the Wheeler. On that basis, some City support should be i forthcoming. Jeffrey Sachs told Council when this group first proposed to do this work, they were going to do it without asking for any money. At that time the real estate trans- fer tax had not been proposed. Sachs told Council a lot of manhours have gone into the passage of that tax, and the group used up some of their assets. This group is asking for $3,000 support from the City. Mayor Stan dley said this figure is the unexpended amount of the Federal grant and does not represent a supplemental appropriation by the City. I I Councilman Behrendt moved to approve the $3,000 expenditure; seconded by Councilman Parry. All in favor, motion carried. i ROLLER SKATE ENFORCEMENT PROGRAM 1 City Manager Mahoney had submitted a memorandum directing the Chief of Police to allow j roller skating on the two short streets at the end of the mall between Galena and Durant. Roller Skate There has been some negative comments from bus drivers. Mahoney said he did not feel there Enforcement is a great problem with the roller skaters. Council has not taken any steps to prevent Program roller skating in the mall. Councilman Van Ness said he felt that skate boards are more dangerous, and there is a distinction between that and roller skates. No one on Council disagreed this was a big problem. A-95 REVIEW: State Comprehensive Plan i Ms. Smith, planning director, told Council the state has never organized their local { affairs planning assistance department very well, and that would be her comment. The planning office has an application in for funding under the 701 program for both the implementation of the open space program and master plan as well as revision of growth management ordinance. Ms. Smith said she would like permission to make favorable comment with the suggestion that the state get organized and decide who is responsible for administering the program. I Councilman Behrendt moved to forward with favorable comment and with Ms. Smith's comments; t j seconded by Councilman Parry. All in favor, motion carried. S/C/I REDRAFT ! Ms. Smith told Council this item is for comment and input and is here informally. This j S/C/I redraft had been requested by Council several months ago, and is on this agenda for suggestions to send back to P & Z. Ms. Smith reminded Council there was substantial amount of public interest in this over the issue of a commercial bakery in the S/C/I zone district. City j Attorney Stock is following up on inspections in that zone district for alleged violations I of the district. Ms. Smith pointed out the S/C/I district is not very clear in all respects that it is limited in retail and industrial. The proposal of the planning office II would try to clarify that by inserting that the intent of the zone be limited to retail and industrial uses that do not require high traffic volume and that permitted uses will not sell daily of frequently bought items. Ord. 48, 1979 SPA for USPO i 1 i I i Ms. Smith told Council the City is seeing a lot of pressure to allow uses in the S/C/i zone that are high turnover, more heavily retail than was intended for that district. Ms. Smith said from a planning standpoint, it is important to reserve zone districts to handle uses that are mundane. There has been a gradual dilution of the commercial zone district; there is pressure in town to allow more commercial uses, especially since there is a control on the addition of commercial space. This redraft is an attempt to reserve and preserve the S/C/I for special and certain type uses. Councilwoman Anderson said she felt this got to the heart of it in frequency of use and the daily uses and the traffic generation aspect of the redraft. Ms. Smith told Council she was dissatisfied with the redraft as it is hard for an administrator to say what is frequently or daily bought items. Ms. Smith said she would like to find a more precise standard to follow. Councilman Parry pointed out this S/C/I zone is absolutely retail. Stock told Council that the existing problems in this zone will not be solved by this redraft. Mayor Standley asked if a proposed ordinance would constitute a clarification as opposed to a rezoning. Stock told Council the law is that if something is illegal and there is a modification or change, it remains illegal and never obtains a non -conforming use. Ms. Smith told Council Stock has gone through the applications for building permits to establish whether they were legal at the time. Stock said his interpretation for the coin -op laundry was not legal at the time of application. Councilwoman Anderson said she felt this redraft is moving in the right direction. Councilman Wishart asked if there are any other areas available for S/C/I; Ms. Smith said the only other similar zone is the Airport Business Center, within the current city limits it is diffi n ORDINANCE #48, SERIES OF 1978 - SPA for U. S. Post Office ;! Mayor Standley opened the public hearing. Mayor an told Council the building foot- print is 20,000 square feet on 102,000 square feet which is below FAR. Joe Wells, planning office, told Council he had not gotten an answer on the number of boxes; it appears there could be an expansion of number of boxes. Councilman Behrendt noted that home delivery is.: free, but people that have to move around a lot prefer to have boxes. Councilwoman Anderson said she felt that combination boxes should be best. Mayor Standley said that is not within the business of the Council. Joe wells told Council all the changes that were made since P & Z review are of a technical nature, cleaning .up easements, general engineering but the building is generally the same as it has been for sometime. Regular Meeting Aspen City Council May Ly, 19/9 Wells presented the drawings for the SPA plan, and told Council the engineer had objected' to a two-way street because of parking. There is a bikepath on the front and across the back of the property. The engineer has asked that approval be conditioned upon the granting of as -built utility easements, the survey show four easements and that the !^` drawing9 submitted meet the requirements of SPA; that the 10 employee parking spaces be minimum of 9 feet. Mayor Standley closed the public hearing. Councilman Parry moved to read Ordinance #48, Series of 1978; seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE #48 (Series of 1978) AN ORDINANCE REZONING LOT 2, TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT SUBDIVISION, ACCORDING TO AN APPROVED SPECIALLY PLANNED AREA MASTER PLAN FOR THE SITE, THE ELEMENTS OF WHICH MASTER PLAN WILL CONSTITUTE THE DEVEL- OPMENT REGULATIONS FOR THE AREA ALL AS PROVIDED BY ARTICLE VII OF CHAPTER 24 OF THE ASPEN MUNICIPAL CODE was read by the city clerk Councilman Wishart moved to adopt Ordinance #48, Series of 1978, on second reading and to incorporate the concerns of the city engineer; seconded by Councilman Behrendt. Roll call vote; Councilmembers Behrendt, aye; Anderson, aye; Parry, aye; Van Ness, aye; Wishart, aye; Mayor Standley, aye. Motion carried. SUBDIVISION EXEMPTION - ZG Builders Subdivision Councilman Parry moved to approve with the four conditions; seconded by Councilman Wishart. cn ZG Builders Ms. Vrchota, planning office, told Council the only question was the width of the driveway that was allowed, which is 18 feet. This is an abutting driveway, but it will be limited to 18 feet. Councilman Behrendt asked if they would agree to join a street improvement special district if that should come up. Council agreed to add that as.one of the conditions. All in favor, motion carried. WATER PLANT EMPLOYEE HOUSING STATUS REPORT Councilman Behrendt told Council the housing committee had met and agreed after going Employee Housing through the proposals and interviews that the group they wanted to work with was water Plant Adventura Realty and Development Corporation. Adventura will be working with a local Status builder. Councilman Behrendt told Council that Adventura does have projects underway in this area, and it seemed they were the obvious people to go ahead and write up a formal contract to get started on this employee housing project. Councilman Behrendt recommended the Council accept this group and sit down and negotiate final contracts. Mayor Standley said the contract would be negotiated for consideration of the entire Council. Mayor Standley reminded Council the sub -committee was directed to go through all the proposals and interviews necessary and pick out a group. Councilman Behrendt said the sub -committee is asking for approval for beginning of further negotiations. Councilman Wishart moved that the sub -group did what they were asked and to go ahead and have administration go into negotiations with Adventura for full Council approval; seconded by Councilman Parry. All in favor, motion carried. Councilwoman Anderson asked what the timing would be. Mayor Standley told Council that Adventura could move as fast as the City could. If they can break ground this fall, it could save up to 10 per cent. Councilwoman Anderson asked if the City has officially adopted the guidelines for rental for low, moderate and middle income. Mayor Standley said that everyone who submitted a proposal was given the guidelines, and the range for building and rentals wnet from 46 cents to 78 cents/square foot. The Adventura group came in at 48 cents per square foot, a studio would be $295 per month and a two bedroom would be $584. There were three groups between 51 and 53 cents per square foot. Councilman Behrendt pointed out the sub -committee said they had problems with the City proceeding slowly on annexation, and that statement was that the planning department, because of its affialiation with the county decided the location might be inappropriate. Ms. Smith, planning director, told Council this is absolutely untrue, and the planning office has never made any statement regarding annexation or the location of the housing. The planning office has never been asked to make any statements, and they are not negatively disposed towards that annexation. City Attorney Stock told Council the delay in annexation has been due to the fact that the City cannot force annexation and the City does not have boundaries contiguous to this property. The City will need to receive support from one of two groups in order to annex. ORDINANCE *32, SERIES OF 1979 - Supplemental Appropriation, Sixth Penny Mayor Standley opened the public hearing. There were no comments. Mayor Standley Ord. 32,1979 closed the public hearing. 6th Penny Appropriation Councilman Parry moved to read Ordinance #32, Series of 1979; seconded by Councilman Wishart. All in favor, motion carried. j ORDINANCE #32 (Series of 1979) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE 6TH PENNY SALES TAX FUND IN THE AMOUNT OF $63,700 FROM CURRENT YEAR UNAPPROPRIATED SALES TAX REVENUES AND APPROPRIATING EXPENDITURES OF $63,700 FOR MISCELLANEOUS 6th PENNY SALES TAX FUND EXPENDITURES was read by the city clerk 11 FINAL PLAT SCALE 1 50 CURVE G34TAs �.= 12500 K. `'5.00' A = 170 Z7' L% = ' � Z7' CH•= 118: z3 CH. = Pi1.86' 7E-T KEOAK 4 CAP SET teEtSAR C SAP r-Now PeVELOI'1=1Z JAME5 K. 7KUC-MAN ` 288'1 CsUILrOIZI? GOLUMr�)US, Ot-110 AKeGt-1 I TEGT GOF�LANp FINHOLM HAC-ryMAN YAV/ LT V. C')OX Z 7'.� A5f EN , GOL•OKAt20 rLANNr.�- pES1C�N WORKSHOP IZSO 0717-� AVM, Ae)PEN , GOL_012AC-,O SUR�/�YoR.� JAM E5 1=. t nt)f-f e TletcO MANAGzFE.MENT C30X 173(D ASPEt`t , GOLOIZAI� ATTOIeNi~Y: fZOC�El2T �ieu�-Tf?fz. 1gT N^TIONAL K3ANK rLnC�. ASPEN, COL02AK70 R. = 19900' K = 105.00' K 7500' d = 45"IB'Do" .1 ' 49° 16 3D" A = 45° IC 30" T. S(o.',5' T = 43.071' T. 31 30' L.- 10(0.7(0' L. = 83.03' L. ".51, CH.=104.00' (H.=00-'79' CP. '9i77V MC r->AK 4 CRP -f-�-f FzSDAR 5 CAP t'r-T KED4R 5 ChP 20 CEKTIFlc-^TE CF TITLE lN5UR/4\NCft CONP/A ' Y THf= UNPeRsIC� A CORD TE T -T M5M CAP PASIJ OP Vr-AILINGS: V5C d G5 ASPEN TO A5rr-ri AZIMUTH q 08, Z2' 08" TIE - N 0'02o; WW TJ4Z.4Z' O WEST %r COP, 9EG. 7 U T. Io 5. , K. 8,f W. 0 A MgNI ALUMINUM GAP OUT PAeGEL "A" lo.o2s ac. ) 12 � 6 i4 �, M5M ALU. Ac Qom\ �MSM rarzAss CAP \ 1 �� \ \ \ FvoQ O R C \\ 5 ALLAM I Q QQQQQ Qon on®r Q°vQ� i� 02„ \ --/IQOQQQQ vQQQ7/ V(CAHITY MAF °%. I'V. •SCALE: I - (WCJ�PX.) s4 \ 9S. ?�T R�BAtZ k C.AP - - rev 1r 1 1 -1 57KEETS, LC7T5, AND OUT PAKCELS ARE 5HCWN- AND NOTED ON THE FIVE -(. 5) SHeETS COMP)�ISINCS THIS PLAT; AHD tie 11- FUR7f-+e1Z KNOWN -(HA.T DAMES K. TKUEMAN: N i ORA - I 'LE INSURANCE ,.• r; COMPANY, AUTHORIZffP TO DO tt3U51NESS IN -THF- STATE •�"$�\�\ - ,u� v� z A. 120�5 HEREBY MEDICATE TO THE PU15UC FOR PUBLIC KI0iI7-OF-wAY PURP05E5: OF COLOiZ.4170 D01=5 FiERE.(_'jY CERTIFY THAT THE A5a, c MSM 6x.AP I. THE MILL 7T. IeICaHT-OF-WAY AS SHOWN AND NC3TE'D HEREON; 2. THE PUPPY SMITH 5-T. KICzHT -OP - WAY A5 SHOWN ANp NO-7f=17 HEREON ; °A" IZIITS- OF -WAY HEREBY PffPICATEt7 WITHIN TH15 \�\ TKI IL. A UTIL.I7Y 3. QU'T PARCrL AS SHOWN ANO NOTED I-)EREON; T70ES Y GRANT TO THE GITY OF ASPEN POK 7HE USE OF THE PUBLIC, PLAT ACE F IKEE ANV C-EAle--���� ALL L Il is rttJ 5ET - BASEMEN i Tom. ryp. 3 DEBAR A- OLLC) 7HE. FOLLC�...'INC3 EASEMENTS: ENCUMbUFANCES, PATEP THl3�_ 17AY OF 977 wlr.Zec3AR q C11P / , / T \\ LOT I. "THE. FIRE AMP. UTILITY EP.SEME.NT ON LOT 1 As SHOWN HI-REON; -7KAIL -TRANsAMEKtcA -TIT / Z. THE FIFTEI=Ti ,19) POOT WIDE JOINT AND UTILITY EASEMENT ON L0751 Z AND 4, AS JHOWN HEREON�11 r_')Y 1 r 177- 3. THL F'IFTEC'Pi (ly) FOOT WItJE JOINT PRAINAC-sE, UTILITY; ANl9 AC!'ltgS EA5r-- M�NT LO'Y 3N SHOWN HEKEOI I • j ; II^) Fm-7 - 4. THE*F`- WIDE TRAIL E,��EMENT Ol`l LOT 1 AS SHOWN H>=.REON; 5• THE. SIDEWALK CASEMENT ON LC7T 1 AS SHOWN HERt orN; FKOFr- l2TT VE5Ci IrTION C. POE.S +4EKE6Y GRANT IN PLACE r-AS1=.MENTS i=0K EXIS-TIN65 WATER, 5AN1 - TARY EWER., C3A7, POWER AND STORM 'OEWUTIITICS WI-IICH AP.E ER L SHOWN AND `10.1E'D ON SHF.F�-T 7 AND WHIGIi .ARP. NO-r -ram 3F. A.CSANr.lT,�=r,, /� T-ACT-T OE LAND 51TUATI=D N Tf-11E 50UTt1We5T. %¢ OF SECTI0I7 7, 5TORl0rVIM I�eVrz RR`..�F4AL.L-I BECT-WEN7-y (20) E r At IN W?D-TH 4(3C'IHG MCI N /0/)���� ON R, WATER -AC4-I -THE EXI5TING TOWN5t11P 10 �OUTt1, FANC3E 84 Wi=ST OF Ti-If. GTM IFRINCAf-AL ME-. �. CAP jlP car- 7HE. CENTEKL.IT'1C• of UTILITY. EASEMENT`, FOP, ALL OTH=R U-TILI-T'IES SHALL DE FIFTEEN (15) FE'ET IN W!G'TH OE.VEN ANTI ?eIrIAN, GITY Of= ASPEN, GOLOKADO, MO2ff I=ULLY i7E5CRl6Ef7 ec"� 1. _ ONE-h1AL.F (75) FEE7 EACH 51pE � -r"M �EM,TEKLINE OF THE E`XISTINC-s LiTILITY, A5 ,p ,,,Doz':.�"t' D. VOrb HFREESY ACnl > f-7 -TO GRANT AS -BUILT 1=ASEM"'l-5 F•OTZ ALL MODIFIED Oft � 6� ' RELC>GA T1 C7 UTILITIIcS AS 51-1pWN AND ty0701R oty SH ET -f FL-I)E 7 NTH oIe SANITARY SEWER WA-T'Cr2., 9TOfZM OEWE� SHALL �E Tw(=N-TY_ p�ff�trANINC-s AT A POINT \^JHENC-= Tt1E WEST ��+ CORNEIC OF SAIf7 I N I � (AND l-�E C FF HEN EVIS-TINE- U- IILI-TY.ENEASEMFNTS CR AI.L 0ON ffACH TFE'li U-TIl-.�71F5 N.5N4L.L SECT 101`1 7 C'�E/�IZS N 38 Oro 14° W, 15�t Z.'i2 EET Tmf-.NCE `> I 1°91'02'I W, 7�5 cA? rn I 5 DEFICF T E (GE)NTEF-wNE OFT 1t. EX 5T INGr)DUZ(LITYALF ; 75) FEI=T FAGH y �5.73 T EET ; T MF-NGiE i t't3° 10 39 W ro3. 17 FEET; THENCe N E. POFg 1-1ggR.Er'3Y GRANT FOK 7 F COMMON U E OF LOT 1 ANp Z A TWENTY -TO N i SOf9" E , `15-49'FEET ; THEryGE N 71i°09' 1 I" W , 157. 76 t=eaT� O POUR (24) FOOT Wfor. COMMON GKIVEWAY FOK ACCE55 THERE. AS GEM- ERALLY t)"C)W�../N A1iD NOTED C" SHEE�T 3 HEREOF ro DE MORG 5P> s 1Fl- THENCE N-!-3° 10' 3z+` W 139. 3,c P•EE-T ; TrtEHNC� 5 74" 57'4'Z"E , 8.8G EET; s8T Re[34R ��' see io'e eo �, CAP GALLY DE5CR113ECi AFTF_R GONSTIZUC.TION, AS SET FOR TH HER1=11y 6�LoW, THENCE= N 13° 04! �}91 E G0.49 FEET ; T HENCE H IZ° 5`I' IS" E 14. G7 FEET;' F kKouaHl 3kAL7CD LAERFCL.OtCATGV A5SNOWN ANDTNOTEDMON HE.ETTHgE LSt&IK -,v'- , THENCE N23°09'O7"W, II(o.Z'{-FEET; THENCE N7B°93'`i�0°W, (05.98FEET; - (i75) F -r- EAACC.I-IFI`IIDE�Or ` THE. FCENTERILDINt f PEf FINNAL' MrK ft-lCNT ' ' THENCE `5 I-f''i 2'OZ" W , 81. 2Co FEET ; TtIENCe. N z+3° 08' 33" W ., 279. mil FEET; LA.C-n- HAa LP(1=.,I C-ATEG An GLASE: TO TI-tE EAS-TERLY 30UNt7AfZY OF THENCE. NSZ°OZ'31'E_ , K.,8. 57- t==ET� THENCE N05'0425Z"E -+7.`r- FEE-F 4; MSM D Ass cAl- - HA�IF , THr-NCE N `fZ*41' ` '1" �. , 10I.57 FEET -I THENCE N �-O°ZZ' Soll E , 150.64- FEET; '� 8(3),Mq{vv D`4) BSc F.Y ^L HM.cAf,Og�- 'HI ReNETLOCATEl7!ARE o � rirl'r- 3F-) TIlff-NCE Nod°�i7'14"(✓, 6'{.82 FEET; THENCE N76'14'3'rW, 20.35 FEET; SUKVEYOIZ.`5 GEKTIFICATE F< - .+ r•' er-�:'S.. = �.uc-�Mr c�-i 10N (� FI>-rI;1eIT_. rEvt�LnvME[i�: ' r: Ld-r z. ThffNCE t'1'9-I' '%je' *3"E., 97 3,- FEET ; 7hE-rICE h 07' 5B' 20" W , 4Z7. (-O FEET; -- ;`•t l, IN PARAC: RApH'S C, T7, E -,Nt7 F• A-,OYr-, -JHALL E5E MORE - �•PEc IFicA,LLY pEsrr�IPeD AND �GNVEYED IN AF'FKCP?;` IA=1*E WRITTEN IN5TROMENTS p THENCE N 82° OI' 2l E , 100,01 EEET ; THENCE` 5 07' S'I' 10" E , rJ%g. OZ FEET; I, SAMES 1 h2ESEtZ , LICEI 15EI� SURVEYOR, t70 HEfZeF3Y CERTIFY LSY l-M9AL. 1r.5CRII`-.V)7NS TAKr�pI FRC'M. "THE. ° IN PLACP--" PR<�WINC---, HERE:fJF, aFTL'IC -THE. INSTAL.I_.ATION ANT,' ( :MF'LETICUN �.. :rV'D EP.= F'IENTS ANp 'R.I�N I-_.-�'-wA�,-, � THENCE Z22. IZ. FEET AI -ON& THE Ai C- OT� A CUTizVE. TO -THE L- FT THAT THIS FLAT OF-FKUf=MAi`1 COMMERCIAL t1AVING5 A KzADIUS OF CG8.00 FEET, THE CHORD OF WHICH CUtKVE PROJECT WA5 UNDER MY SUPEiK\-/ISION ANp THAT T111= 6EAR5 5Z5°40'011f= 22I.09 FEET; THENCE 5GG.48'31°E 14LI( FEET; OUTSIIDE Lois, IZOAIPS ANP OTHER FEATURES AKZE �L�M ?UPSU4o-r To 4 TbwEIC• of THENCE 5 19 S2' 31 �✓ BF- 87 FF-E-F3 -FOF- iCE 3�9° 23 30" g6•% FEET; COrK C.TLY StHOWn HEREON , THAT THE SAM>= AKE E5ASEf7 ON 7A s IV- -1-Nu N AT%�IJE�I F1��p FOB 2£COtD CONTAIi-DING 7.91(- ACRt=S,f Moma Oiz LESS. A KE-MONUMEN-T/�T-IOTI SUfzVEY FEKF�O MEV UNVEiZ MY SUPER.Vlla[Ot PUKING TtIE SUMM=tz OF I`jT3 ANt7 THf�T Tt1E -10 ll�"D QiQD[DEt of -pi-r ik.1 CDUIJ'Ty, :)TATe C'I- COLORAt:;O COIO Abo 14T aW K 304 p" fE 3s- iLr. SS Q COUNTY OF' PITKIN T'HE. FORE.0 01N�- IN.Tr-,UMt�:rr I WA= AG k.tyOV./LE.CiC-�l� P�Ef�:�r;E. ME. THIS T- - PAY OF , 1'1,7 7 C3Y JTAMES R.. TK.UEMAN. 3N4 1105Err'p 4j2L4.Yjgt WITNCSS MY HAND AN17 OFPiC�A�L�S��A,L_•WA_ AlybewEElf - 1i"h C'Ac"r MY COMMISS� ION XhT� l IRE5: �- Jim) - NOTAKZY pUt3Ll G 013LITi=KATE-P MONUMF-NTS Oi== THE OKIGzI"AL \,/ERE �E- ESTA�L1St IEI7 IN AC-C.GKV/'\K'iC-E WITH GENERALLY ACGEf-TE-P SURVEYING PK2ACTICES ANt7 COL01eAPO STATUTES IN WITNESS WHEtZEOP , 2 Hh,\/E gET MY t1 W Ai`ID SEAL 011 5TATE OF co�oliADO rTAME F. RESf=F- COUNTY OF-' PIT KITI -rNE- FOREC-SOINCa I-N'�S/�T�RUMENT' WA/5� ��A�CwK�t,ryOWLE.�L E-17 i7EFORFF ME TFIIS =1,. Y OF I�yW1/�CA`. , 1977 by LTAP'IES F RESEIz. WITNESS MY "ATlp ANp OFFICA!_. S�iL G P'IY COMMISSION EXPIRE--: r'oTARY PUBLIC `IR8 L UTILITY C,A7�MCNT N 'PETT REDA.R '4 GAP 8R3zS, F3, szo ;� �,< \ OUT PARGeL 415- O -Fo CIE CONvf-7YE17 -ro 2.h DJAC1T OWNER FOr- ACCe55. a \0 n/3 ti D / N P r z s lo• m' a I �0 -GYVE 2S10' 44 PUMP HOUSE AN A(:,,Mt✓I 4f p,ETWEEN. -1K11EMM ARD A51eN eAVI46 MD WAN "THAT EFFECTS -TNE MZOM9V {-IMIN 15 FII,EP 114 L'wK 3 25) P 520 e-J• - _ee • I N -Mt- tZFCMD5 OF THE afWICv AI v�-V� M609-DElz- bF 174 ; GOUFM( OE ffi A) STAB x JX" IM C: NCKF-TE t)F 6-oL4IY`t-,C, "LPP,N NlNr6 4 ZONINC5 GOMI" 1155101`! AI'I'iZ.OVAL TH15 FLAT OE TIZUEMAN NEIGH150KI-10012 COMI`lZIZCIAL. rKOJEC-C WA5 Ali rKOVEG <3Y THff CITY OF ASPEI I PLAririlttG ANV ZON(NCz COMMISSION TH15 � sr nAY OFF, GHAiKMAN rARKS b! ►2 G i OIz e°-,r r K,CVA\L TH15 f (_AT Off TiZUEMAI i COMMERCIAL PKOJECT WA5 APPKROVr-P t'-?Y THE PIKZECTOK OF PAIZK'? OF Tt11= CITY OF A`lPE h CO LC PA PO; T I-113 g+`` 17AY OF , 1 `17 7 . R. w. P i KE C.T-OI, G ! �" Y �. �`I C� I N !✓ � i� A.F I' �.0�/A L Tt115,PLA7 O{= TRUf-MAN NriGrr-,oKt-IOOC> GOMMEKKC.IAL I KOJEGT WAGJ Ar r r?,oVI=-p PAY TY1E CITY ElyCslfyEEft OF TNT- C,iT-i .Of= f�SPEN , C LO�P�DC Tt115 OF Ayi 1-177. CiTY Cslf 1 ER A5PEN GITY C•OUi�!GlL /&l,rr OVAL 0 AGGEFTANCE TrllJ PLAT OF TKUEMAN NEIC-5ME CK ,"OOP GOMMEI�CIAL rIZO �7ECT ANI2 THE VARIOUS &KANT5 fANt7 t7fFICATfON5 TO 7t1f-� PUBLIC SHOWN AND NOTI=.D HEREON, AtZE Hf=1Zt= 6Y ACC- -F T [-�77 ANp AFFR-OVED T3'( THf✓ CITY OF AEDI-P- I , COLOV�A120 TH 15 8t` VAY OF P7 1, I `i 77. MAYOR / CITY G KKK 1 ff-C-0 .I2I NCl GEKTI FICATE T HEKZI=i3Y Cr-KTlf=Y THAT TtltS PLAT OF TRUI=M%` N Nf=1C-si-II5OKHOOl2 GOMMEfZCIA.-- PKOJf-CT WA5 ACCEPTEP F012 PILINC-s IN MY 01=FICA AT O'C-ocK _M, ON THr- B � f2AY OF 1'177 ANP WAS PULY PILEn IN FLAT BOOKr AT M-76-KZE.C. NO. Ti-KE ACCOMr^NYING SUi: C,UIVISION ACrREEMENT 15 t'ZECORDf=.D IN r---.(DC)K- 3.Z? AT t:AC-TES zS-38, VITKIN C(OVN-TY - CLLIzi; AI P Rf C-OF-PER. H N O Zui>O W 3 U f-Q Wrfamr > accxuw 130 U cc Q J N 3 Q Q Q ZM �N .0) QM0 Z0 W co J O = = Y Z� 11� 3 Y/ cc Z w Z w ace Z (nQ O cc W J t) Q o a • 0 0 00 0 0 82,6117 a* Witrlcw. o�4 7A 15 R. tullsr- Irzft so GrORAOS U14 1 i's s 5 x 20, - I bo SQ, Fr CqUAga ro� r. F-; , -1 724 ,4ePS�-1 I-lir-TVC PLAN'7 PFIVS-T4-11C 2140 FL, U*ClIVOft a 4,015,2 f t5ArEW PLAt-47 t)IQIVeWAr 4- rl+4 FS WAIr 4qj 4� TOTAL. G"S 5QUAgr. FCOrW.e Z! C)S( 5 1 Te HaR "S Acpr. 400 7arA L. 2 1) 8510 VA JSN�� ACIAIR PAR44 I-V =-A4erl C-070t4 'A97C1:6 5E(:,-TION SPA el7E- RA'N' �a A5FES A WAP.� OU55 1= iLxrT� For- LIA i4vt.L.A) CA. NOVSHmp 53 1'9%, 0 0 0 Pr<ot::�5<FY t�?51C-C�I Fn ors A Tl�Ar,7 OF L,6,N12 SiTUA-fT�tD IN THE ZO THVVE5T I/4 �EGTION -TOWNSHIP 10 SOUTH , r-�,P,NC->✓ 84 WEST OF THE (DTH PI<INGIIAL MEY--,IbIAN , CITY OF A51:'Ettl , GoLOI�ADo , MoRC-bEscrzlP�- !:D AS f-OL t ow-5 ; ►3EGINHM9 A POINT WHENce TI+E WES-r /4 GOIZNl=1i OF AID SEc.rrioN 7 5EAIzS N 30 °O4,' 14'I W 15.42 ,42 F5ET I THENCE 5 19 ° 5l 02"W, 4°ID,73 r5ET; TH5NL5, N 43° 10VW CP3,17 FEET; ThF-NG6 -N 14°50'4,1"E, 630,4G FEET ITI-,ENG1E� N 75 001'�'tl" W> 1�7,7& FEET; 7HC-N4i� N 4?j" 10' 34" W , I ,3FfE• (o S ; THENCE S J4 8,S6f=8E"' THENCE I. 7' °G4' 49" E , (p0,461 F✓ET 7HF-NGE �l 12 S9' 15"E , 14 , (07 FaST- -7H�1GE N 23' O9, 07„ W, Il(P.Z4 �T ; -rHI=� N 78 33 4o,, W-, (05, FE�'r 7II;NGE s 145 Q-2' o2" W, 81,Z(, I=F-6T THi:-N6- N 43° 6291.33"W, Z-Iq "iI try TFIENG� N S2 ° O2_' z,.,l " C; , oe . 52 rvet7 THF-Mc e N 85 ° 041 52 " e) 47 , J(v I16E7 ; THENCE N 4Z° 4-I' 4c1" E, 101,57 Mr-'T TH�NGE N 4022' S0"E) I51D,64 FAT; THENCE N 400 t,-7 ' 4" E , 94,62 P: E" ; Tt-f5NGI: N 76 ° 14 1 -64 " VV,, 2 0, 35 FI%i: f � lT4,F CIE Ni 41 " :t3 ' 43" I✓ , q7, 3& FFZT ; T`HM0e N 0'7° 156 ' 20" W, 4-Z7, Coo P:F?T; 7+I5w,e N 62' o f ' 2 I" 1®, 100.01 FEET TH6NIGE E7 07 ° " ' 10 " 5, 526,o2 FEI✓T; THENCE 27-Z.12 MET ALONG 'THE AfZG Ot-A GVmVe- TO THI: L-F-r I+,AVIN6 A �iAt7WS OF (405 .00 1^EET , THE G012D DF• WHIGF+ CURVE I✓t':�Ame Z5040, 0( A 221,Oo) DEBT; THE5NC.E c-, &6 '45' 31 "E 141. 11 t=5: � THENGt� 5 1 d 6' 31 w TH- c-F- 5 r 1 ° 23' 30 " 3�.9r FEET; coNTAINING 7.�11(0 A KZ 55 Mo Ke oK LESS OP A �2Vi;Y I�ESOtzIt�tIU�1 SEr: A CV5 LOG4TION OF KOAPS ANp ALL '5, ; SEE SITE f-LPrN kvAILAFsIL-ITY OF UTILITIES ALL- A.VAILA�I.E ON 51-17 LANP�POAC'I N6 ; SEE Pl NA -I. p(,pT PP5TKIGT : S SUMMF+iZY SELOW TO-rAL LOT SIZE S u75 TOTAL PIZCPOSI:h CIIU;iiN/ �7,000 jf] r7le/EGOPF-< UAMES tZ, TRUEMAN A77 ORrvMY ; R2OSEIZT GRV� 2e09 GUMLFON--D GOI.UMF3US t3H I(] lc-rt NATIONAL DANK 13LG�, A�;,PF-N� GOL0 fie d Ar<fH 1TEGT ; CoPELAWP �=INHOLM HAGMAN SUPZVE?'Orz 4 YAW LTD 5OX 273(o -)Ames p, rz5SM✓iz 7F-1- GO (%AW,6C-NMr-T[T ASPEN , G0IL0F?-A00 r;ox 1130 ASIzr--N, (,-OLOI2AbU Fl-ANNElz, DE`�I6N VUOKIC�+Ot� 1280 (JT E AVE, ,ASS-F- , COL -OP -ADO IiU I :�Av\IV)AKIT #T fir, WVrH LOT I 2, -,52 AG ZW' I,OT 2,7,00 AG 2 LOT 1,14.7 A G _ 100 ' Qt .4-77 AL 54' -- 4 ---- ,r�3��c MIN FRONT MIN `--)I.-E MIN MAX 6LG MIN -';ZT tlE!W ITT f- f', YARD YAKC YA 12D H EI61-1T [ ;w, SLC� USES STKL < TU12E N,A, rAME A5 ONE 47,000 1 FEUILpINB A[-ON6 M I LEST, 5,'.I t NG GOMMEAr-AL 37 , 000 T r�ESIPErIrIAL ABOVE I ,000 (� N,A, NA, N,4' N,A, DNA, 'Z.U,W. N✓Ir� % N,,A I ' Wrl ftF PLIC,NUot- *NO DEVELOPMENT OF= LQTS 2, 3, AND 4- �I,,L TXtKE RAGS Prior-' TO AFFROVAL OF A lFEG1 FIG Sf'o t N f=OK 5*4G1-F I.OT IMI.+I GHF OtIALI, GONyT'ITUTE AMENDMar TO -rHe SflA MA57r-z pLM acF�ls O SSA Fzlnl(�Z ' USG �G�✓ ASf'gJ f+Z1MVTN Sos Z' o8°E 'W55T I/ GOK SEGTI '1 T IO1f $4-W MSM A�JMMGAP OLfI-- 41PNiZGEL- 'r4 o, oz e, ,+c lip )T 2 ADO ac -.+1 \��T2A1L EASEMENT m r c 121 MSM SS CAP S 4° l! 1 'LOT 4 r 4/ ®,4Z7 2c c-(ov10,t Ig.Do' msm 15MASS CAI- Y: f Y , i MIN 0-"EN OrF S;r1<E?T C716NA055 GONST�<UGTION ZeAGE HAK4I ING tZf�91,ILATION SGHe 9ULE 25% I13 MIN 'AI\T'Uf =qL� ,< '`IN5'7-7 NES'ChiTA -18Mo 0.'v FOLLoIMNFi GCM1 '%E-�� N ,��E GOMM�izlGAL ^LIF E z N(7 AVAI LA E5LZ s o p OT" - AVA) I.A ?',I.E N,A, - • 9 0 NO 3 r<e6AK � .N �c�Nc�iE7fe Y � C 4) C �>eeofp ^ tj o, N o° N u 3 Q Q 1� ZM QN i ,� o p Z p S01k i W W = Y ' Z - cc ov O �ccc Q F' Z Z � Z CL Ooc w� UQ oa SPA SUBMISSION Z SCALE 1.:50. No Now 506b 150 aza-in Lj CITY OF AS^RN, AGF1,EE11ENT i11IT11 PROPOSED MODIFICATIONS AS FOLLO"!S: 1. Abandonment of 10' water easement following, old Rio Grande track alignment. 2. Installation of new 12" D.I.P. water line from Hallam Street to boundary of Trueman nronerty. 3. Installation of new 1.2" D.I.P. 'laterline from Trueman property line to Mill Street water main, 1•i: -h li�,drant. 4. Installation of new 12." D.I.P. water lane adjacent to Trueman property along mill Street. 5. Installation of new R" D.I.P. water line along Punny Smith Street, with h,-•drant. 6. Installation of new S" D.I.P. branch line along Lot 1 and Lot 2 property boundary. 7. Location of water taps as shown. i 1. Relocate existing 1- Taell line: Agreed: BY City of Asnen, C I���aeer' Date:-- ?7 --- "emarl<s : ASPEN SANITATIONI DISTRICT. ASP1;N 11ETRO SANITATION DISTRICT AGREEMENT WITH PROPOSED MODIFICATIONS AS FOLLOWS: j Abandonment of 10' sewer easement following old Rio Grand j track alignment. 2. tlodify 12" Mill Street sewer outfall.as shown on the drawing with easement for same. 3. Easements per drawing No. 2. for 15" First Street outfall: Lakeview subdivision line, diversion box and the T?oarina. Fork outfall line. ai n v Ly g V ICr TO R1:AMI N Z^ Z Y> ZO EXIST '-li4 �'S 5 K W 3 U M N to PLACE 1;4V Ii/ " SEftVIGE W i- a w a. > a�xaw SNSTALI, N � c c U -4 CC T(i NEW t3VILt�(Ald RELOCATE EXIST. TELE.61 T.V. CABLES UNDERGROUND BY TRUEMAN ��!i�'- `ft v� HOLY CROSS -j / ABANDON EXISTING 12" SEWER EXISTING 3/4" GAS LINE TO BE ABANDONED. TO REMOVE B RELOCATE AS SHOWN s • LOT 1 ABANDON EXISTING 372 Bpi ? C.I.P. WATER LINE �� �/• 25 KVA TSFR � FOR STREET W N;kw, i LIGHTING &Y�'&Jj0 jv P �F gATFR�� F.H. //. . NE ' LOT 3 r, r r 1 r % NEW TELE.61 T.V. CABLES TO LAKEVIEW SUBDIVISION CONNECT TO EXISTING C.I.P. WATERLINE CITY OF ASPEN I.LI:CTRIC DEPAIIIIIENT h AGREEMENT' WITH PROPOSED POWER M011IFICATIONS AS FOLLOWS: I. Remove Pole and line segment from subdivision as shown. j Provido underground lower to i,ot 1, as shown, to include rrri;:inp, lot li-.htin,I.. 3, 0 1e1 o i.ot 2 in future to come from ,)r i nary vault on lot 4. ;,ill i1•''imary from 600 VA transformer to vault on Lot 4 as shown (by City) i Trueman and City of Aspen to share costs of above ground street lighting facilities on Puppy I' Smith Street. � _ ---- -- \+;rc BY--- perCANYO'l CABLT T.V. City o asn Lil.ectrc he,iartment A('nr:EF!ENT '.'?ITii PnOPOSi:T) T.Y. Srn1.rICP *')T1IrI(:ATIO*iR A AT !I if 1 4wR. :�ir�i�iiuT�u�. •�• Agreed: BY , Asnen Sanitation District DATE: BY Aspen 1Tetronolitan Sanitation District DATE: Remarks: r� ST `q 12"02 p N SEE CROSS SECTION BELOW FOR UTILITY LOCATIONS IN PUPPY SMITH ST. I Q / HOLY CROSS TO STY REMOVE LINE 61 POLES i/ram MODIFY AS I ^AS 11�lE i� / / NECESSARY TO ` INS7A" NEW 1!4 v L MAINTAIN ACCESS ) AL�h1G PUpP'r SM(TH ST. / W AS 544OWN � a STomm Sewzvt JUNCTION Aox / NEW 12" VCP SEW R ` NEW 12" D.I.P WATERLINE BY TRUEMAN. 4" OVERSIZE X y o'U BY CITY OF ASPEN. 0 %` �� o o Lei LEAVE AS IS.TRUEMAN TO p0P c Ix EXECUTE EASEMENT �. m ON COMPLETION OF 0 RELOCATE POWERLINE UNDERGROUND TO 600 KVA TRANSFORMER CONTINUED AS SHOWN x CONSTRUCTION. RELOCATION / / UCHANGE ALIGNMENT OF B��C.I.P. UNDERGROUND IN PUBLIC R.O.W. AS NECESSARY TO AVOID BLDG. IS PERMISSIBLE ` FOUNDATION. NEW 12" D.I.P. WATERLINE FROM HALLAM STREET BY ICITY OF ASPEN �^ P/ UTILITY CROSSECTION PUPPY SMITH STREET not to scale L 0 T 2 tv0� Or� 2 COVER (TY) I Q/LOT 4 ELECTRIC POWER CABLE — S rnLL.n'- ` r� r� T.V. CABLE WATER LINE TELEPHONE CABLE -GAS LINE IT HOLY CROSS TIT?CTRIC ASSOCI^.TIr)'1 across the subdivision. EXISTING ELECTRICAL 1. Abandonment and removal. of existing overhea<T service l nes \� ` I APPROX. LOC. OF 2. Installation of new underground service cable alon7,11ill >L� AGRF.ETIF,iT WITH PT?OPOSFD 11ODIFICATImIS AS 1-OLLO'IS: S d' t 1,A, T 1 T'u��nv Smith Strr(,* �2 VAULT BURIED POWER 1. Remove two street li.-ht Palos and associated . Easement for overhead dower across Lots 3 an° ` reed: BY� Holy Cross Electric Association DATii : '✓- -1-77 ilOFT1ITA.i11 BELL TEh] P1lO"I". CTIP.K'iY Ar,R -771T NT '9ITir pnOPOSrT) 1llI,F.P1i0"1F. S7TWICr•, 110DIFICA,TIn'iS AS FOLLOWS: 1. Abandonment and removal of existing overhead lines across the subdivision. 2. Installation of new underground service cables along 1±ill Street adjacent to subdivision and along Punny Smith Street to serve Lot 2 and Lakeview subdivision. All easements and public ways must be to final grade prior to start of construction. Agreed: BY r_ Mountain 'iell Telenhone Company DATE.: � � 7 7 treet a Jacent o su .zviston anr, a on to serve Lot 2 and Lakeview subdivision. LEGEND 3. Service to Lot 1 as shown. 4 r S SEWER Agreed: BY � �t>,1�,; ;rf�j�y�-��L(_-(: � �. � l W Canyon Cable T.V. - WATER � tt 1'* . y� - /i - ,71c 1 — — — TELEPHONE/T.V. DA i CITY OPr ASPEN POWER p ---------- POWER 9 GAS NOTES: EASEMENTS NEW UTILITY EASEMENTS ARE TO BE EXECUTED AFTER CONSTRUCTION AND RECORDED ON AS BUILT DRAWINGS. In.•1.�i1 1 I�i rc __ to EASEMENTS FOR EXISTING UTILITIES THAT REMAIN THE SAME WILL SIMILARLY r: BE EXECUTED AND RECORDED ON THE AS BUILT DRAWINGS . CONSTRUCTION DRAWINGS TO BE APPROVED BY INDIVIDUAL UTILITY COMPANIES PRIOR TO CONSTRUCTION. -QW_-F_RF TELEPHONE E T.V_ MAY ELECT TO INSTALL IN SAME TRENCH WITH MUTUAL CONSENT AS TO SEPARATION. ,w UTILITY MODIFICATION PLAN GENERAL SCHEMATIC DIAGRAM 0 50 100 1';0 F..1 SCALE 1"= 50' (n O 3 Q Q Q � � M aN .� �� V O Z O m m � a J = Y U. Z� ZW 0Z J= a. C) cn Q 0 WJ UQ no. I 2A G 0 11 : CITY/CW4TY PLAN 114 1 NG-07FICK ISO S. GAS �_E NA ASPEN. COLORADO 81611 .:_rlizabefh Paepcke Box 1032 .";��' spent* -Colorado r 7 7 ollw. C e, U011-6101 81 � M�) 177n tASPEN / PITKIN CO. PLANNING OfFICE op------------------- so PUBLIC NOTICE RE: Adoption of an SPA Plan for Lot 3, Trueman Neighborhood Commercial Project NOTICE IS HEREBY GIVEN that a public hearing will be held before the Aspen Planning and Zoning Commission on Tuesday, April 5, 1983 at a meeting to begin at 5:00 p.m. in the City Council Chambers of City Hall, 130 S. Galena Street, Aspen to consider the adoption of an SPA plan amending the Trueman Neighborhood SPA, of which the property in question is one parcel (Lot 3). The purpose of the SPA plan amendment is to consider the construction proposal known as the Aspen Downtown Storage warehouse project which was awarded a GMP allocation this year. For further information, contact the Planning Office, 130 S. Galena Street, Aspen, 925-2020, ext. 223. s/Perry Harvey Chairman Published in the Aspen Times on March 3, 1983. City of Aspen account. CRONOLOGY: TRUEMAN CENTER The purpose of this document is to provide a historical perspective to the development of the North Mill Commercial Complex by the establishmer:t of the complete public record from the review of that project. This chronology is intended to be comprehensive so as to respond to many of the questions raised by members of the public during the GMP review of the storage project. In following the approval process of the Trueman Neighborhood Commercial Project (TNCP) from the Initial Phase of the Conceptual Plan through Preliminary Plat Review and Final Plat/SPA, many major changes were made in the project. The size of the grocery store/commercial facility was the most debated topic and was substantially reduced from early phases to the final product. Consequently some of the early thoughts on the amounts of open space, parking and use of the property also changed. In November of 1975, when the Conceptual Submission was made, the decision had not been made whether this would be a 2, 3 or 4 lot subdivision. In a letter dated 11/11/75 from Bob Grueter, attorney for Mr. Trueman, to the City of Aspen, he states that the only parcel they anticipate selling for sure is Lot 2 to the United States Postal Service. 11/18/75 The "initial phase" of the Conceptual Plan shows the panhandle property occupied by paddle tennis courts, a 1000 square foot one-story recreation building and parking. Dave Ellis, City Engineer requested in a referral memo that the option of using Lot 3 for an approved access from Red and Smuggler Mountains to Mill Street be reserved. Conceptual Submission TABULATION OF DATA Lots R.O.W. 1.27 ac. Lot I 2.76 ac. Lot II 2.95 ac. Lot III 1.24 ac. Total 8.22 ac. Land Use Program R.O.W. 1.27 ac. Remaining Land 6.95 ac. Open Space (25% of 6 Total Footprint of All Buildings Parking Recreation Setback and Buffers Total Structure and Units 95 ac.) 1.75 ac. 1.15 ac. 2.37 ac. 1.25 ac. .43 ac. 6.95 ac. 1. Recreation Building - single story, 1000 sq. ft. 2. Post Office - Single Story 23,000 sq. ft. 3. Trueman Building - Single building or tight building cluster, three stories, NC, office, res. For the record, he recommended that the area be kept free from any obstructions at this time until final subdivision is reviewed. (The Cronology Page Two question was whether a Smuggler Mountain connection should be via the panhandle or an upgrading of Mill Street). 11/25/75 The Planning Department recommended to P & Z that dedication of the panhandle property for a road to Red Mountain be required in conjunction with the development of the site. Kane asked P & Z to approve a plan thatdoes not show improvements on the site. Grueter would not agree to the dedication of the land for an extension to Red Mountain. He said the applicant would agree to provide all the roads within the subdivision that are needed to serve the subdivision but not to serve Red Mountain. 11/28/75 Memo from Dave Ellis concerning existing encumbrances on the property: A water and sewer easement bisects the property along the old railroad alignment. 12/2/75 Planning Office recommends a new road alignment through the Trueman property and that the proposed R.O.W. be shown clear of obstructions and the assumption be made that dedication of the roadway will be required in part or whole by the City in connection with subdivision. Stuller responded that she felt there was benefit to the tract specifically as well as benefit to the City. She proposed a compromise by which a formula would be worked out involving some dedication by the developer and some condemnation by the city. 12/9/75 Motion passed by P & Z that the right-of-way be reserved through the panhandle and that any improvements to that section are at the risk of the owner or developer. No value would be added for improvements in the case of condemnation for a period of 5 years and any uses would be conditional. Also that they recognize that if the road alignment goes through this parcel, they will be expected to be involved to some degree in terms of land dedication. 12/23/75 Panhandle - Planning Office advocating getting a dedication of some percentage for the possibility of developing a new access to Red Mountain Road. 1/21/76 (Revised conceptual) Letter to Bill Kane from Joe Porter Lot III - remain the same Lot IV - remain undeveloped in its present SPA category with no additional obligation for future use or approval by either the City or the developer. 1/22/76 Memo from Bill Kane re: Conceptual Subdivision Recommendation that the balance of the site remain as a separate SPA restricted in S/C/I uses only. Cronology Page Three 3/8/76 - Council Meeting Issue remaining: Use of land in the panhandle.Motion passed to hold the panhandle in moratorium for one year. 6/1/76 - Presentation to P & Z outlining conceptual approval. Any plan approval on Lot III is subject to a one-year moratorium pending the decision on the extension of Mill Street to Red Mountain. Preliminary Plat tabled for site visit. Preliminary Plat Checklist. Open Space for Dedication 1.99 ac. Other Open Space 1.24 ac. 6/15/76 - Preliminary Plat Approved by P & Z (No specific mention of Lot 3) Note: The files on this process are very unbalanced. The Conceptual Review is heavily documented and issue -laden. The only information on Preliminary Plat is contained in the minutes and the above -mentioned checklist. The Final Plat and SPA are documented in the recorded documents and the Subdivision Agreement and Amendment. 8/23/76 - Letter from Jim Trueman to Mick Mahoney "In our conversation we discussed the possibility of some sort of trade in regard to the 'panhandle property'. Subject to the city's desire to acquire this property, I am totally willing to negotiate any reasonable swap arrangement. With the timing of the subdivision fee payment to be sometime in the future, it does give us some time to work out an arrangement on that piece of property if, for instance, the subdivision fee were involved in the acquisition negotiation." 10/14/76 - Mahoney Memo - Calculation of Park Dedication Fee No commercial value was assigned to Lots 3 and 4 for park dedication fee calculation, however, that did not mean that they could not have a commercial use. The Trueman Center (Lot 1) was valued at $7.50/sq.ft. the Post office site (Lot 2) at $6.00/sq.ft. and Lots 3 and 4 were averaged in, bringing the overall value to the $5.00/sq.ft. No development plans were proposed for Lots 3 and 4. 12/10/76 Grant of the following easements to the public: 15'wide joint drainage, utility and access easement on Lot 3. 1/5/77 Mill Street improvements estimate from Dave Ellis for regrading, filling and widening from Main to Puppy Smith Street. Cronology Page Four * Note: A meeting held with Bob Grueter on March 23, 1983 indicated that when the City decided to go with the Mill Street improvements, there was some consideration of the relocation of Cap's Auto Supply to Lot 3 and the construction of an auto repair shop. 1110177 Council - Final Plat Approval & SPA with recommendations of the City Engineer. Mayor authorized to approve the Subdivision Agreement. 4/8/77 - SUBDIVISION AGREEMENT Book 327, Pqs. 25-38 The $90,000 park dedication fee was to be paid at the time a certificate of occupancy was issued for the project to be developed on Lot 1, or on June 1, 1978, whichever first occurs. Trueman and the City further agree that the aforesaid sum constitutes the sole and only cash (or land in lien thereof) dedication which will be required in connection with the subdividing of the within lots, TNCP. The City agrees to vacate and waive its presently existing water right-of-way recorded in Book 241 at Page 887 of the Pitkin County Records, and located along the old Rio Grande Railroad right-of-way through the TNCP. 12/19/78 - Amendment Agreement Ord.#4, Book 6 p.2552 1st Reading 1/8/79 Adopted 1/22/79 Lot 3 - The parties hereto further recognize that it is their intention that the City shall be granted a right of access through Lot 3, TNCP. Toward this end, Trueman shall grant to the City an irrevocable license of access through all of Lot 3, TNCP, which license shall become null and void upon the construction of future improvements on the property together with the grant to the City of a specific access easement through Lot 3, TNCP. 1/4/79 - Memo from Ron Stock "The agreement amends the Subdivision Agreement in that the City is granted an irrevocable license of access through all of Lot 3 until there is construction of future improvements on the property together with a grant of a specific access easement through Lot 3. This allows the developer to construct the proposed drainage improvement with new specifications and plans to be drafted by him and approved by the City." Sewer Easement, Book 241, Page 810 Subdivision Agreement - Acceptance of the Final Plat by the City shall not be deemed to constitute a vacation of the existent water and sewer easements within the TNCP, and no interest in the same shall be deemed waived or conveyed until such time as all water and sewer improvements have been completed as shown on sheet number (4) of the Final Plat. P. 4 Final Plat - Utility Modification Plan -Abandonment of 10' sewer easement following the old Rio Grande track alignment. SPA Plan Language "No development of Lots 2, 3 and 4 shall take place prior to approval of a specific SPA plan for each lot which shall constitute amendments to the SPA Master Plan." Cronology Page Five The bottom line of all this is that the parcel is developable within the S/C/I zone. The only requirement is that a specific SPA plan for the lot must be approved, which shall constitute an amendment to the SPA Master Plan. The easements on the lot have been vacated or relocated and do not present a problem in the development of the lot. ADDITIONAL INFORMATION (Please add to your cronology of the Trueman Center) The Planning Office memo of June 7, 1976 which dealt with the Trueman Property Preliminary Plat indicated that Lot III was comprised of 1.24 acres and that 1.24 acres would be used for recreation and 1.99 acres for open space. The memo never specifically describes the areas which will be dedicated to open space or recreation, but since the 1.24 acres matches the amount of space in the Lot III parcel, one could assume that this area was considered for a recrea- tion use. This memo was introduced to the record at the Public Hearing held before the Planning and Zoning Commission on April 5, 1983 by Hal Clark. Also introduced was an untitled plan that was part of the files on the Trueman project held by the City Engineering Department. The plan was drawn in 1975, updated on May 5, 1976 and coincides with the information in the Planning Office memo concerning Preliminary Plat review. Since it appears that no official Preliminary Plat was recorded, it is possible that this plan was the Preliminary Plat submission. The recommendation of the Planning Office in the June 7 memo was for "approval of the Preliminary Plat based upon the above broadly described conditions..." The minutes of the June 15, 1976 Planning and Zoning Commission meeting show that preliminary plat approval was "recommended" and "conditioned upon recom- mendations of the Planning Office and the City Engineer." An error was possibly made in the minutes, since P&Z does not "recommend" Preliminary Plat approval, they take final action. Section 20-14 of the Code outlines Final Plat Procedure. The statement is made in this section that "the final plat shall conform to the approved preliminary plat and shall include all changes as required after consideration by the planning commission." If the approval by P&Z in fact intended to limit the use of Lot 3 to recreation purposes, it certainly seems that some discussion would have occurred and tighter assurances been made than are reflected in the record. If this was indeed intended to be part of the Preliminary Plat approval, it was not carried over to the Final Plat and violates the continuity required by the Code. However, a copy of an official Preliminary Plat cannot be located and the Council did not condition the use of Lot III in Final Plat approval. This ambiguity in the record leaves us at an inconclusive point and we cannot definitively say whether or not the lot was limited on the preliminary plat and therefore should have been limited on the final plat. 350 Regular Meeting Aspen City Council July 11, 1983 BOARDS AND COMMISSION APPOINTMENTS Mayor Stirling said the Council had almost twenty applications for the openings. The Cbu=il las appointed Doug Allen to the Housing Authority; David White will be a P & Z 3egprlar-member, and Paul Sheldon will be the new alternate; John Herz will be a regular Board c>`i Adjustment member and Jon Hollinger is the new alternate. The Commercial Core a t c.,,,,i,;— Commission member is Mary Karen Euler SHAPH3}Y PROPERTY REPORT (City Manager Chapman said Council has asked him to meet with Shapery and also to get an «pinion of value on the property. Shapery presented an offer, and indicated he is unwill- ing to negotiate down from that. The offer is purchase price of $650,000; Shapery will contribute $10,000 to landscaping the parcel, if the city is willing to match that amount. The city will pay taxes pro rated from June 27 to closing, and 10 per cent interest on $650,000 from June 27 until closing, which is estimated at $8,200. The $650,000 purchase price includes a $300,000 note to Trueman; there is a due -on sales clause in the note. There is 12 per cent interest payable quarterly, principle payment of $100,000 January 10 1984 and $200,000 due January 10, 1987. Chapman told Council letter from High Country Appraisals indicates that $650,000 is a fair price; the letter says the price is probably more than fair. Chapman told Council the staff has been doing some work on the $4,000,000 open space bond issue to determine the best way to finance this property. Chapman told Council he had discussed financing the $350,000 with Shapery; there is some uncertainty with this. The $300,000 note with Trueman will probably get wrapped up with the unpaid park dedication fee on this lot. There are approximately $460,000 worth of bonds that have not been issued out of the $4,000,000; it is recommended by Joe Barrows that these be issued. The bonds proceeds will be invested. Chapman told Council the city feels Trueman owes $130,000 for the park dedication fee, $90,000 plus interest; Trueman feels he owes $17,000. Mayor Stirling suggested the staff submit a contract with a contingency. Gideon Kaufman, representing Shapery, said he feels when Shapery's application for SPA was turned down June 27, inverse condemnation took place, and the city effectively purchased the property. Kaufman said Mollica did an appraisal on the property, in which he stated the property was worth $800,000 to $1,000,000. The city has a letter of opinion stating that $650,000 is a good price. Kaufman said he did not believe this is now a negotiating situation. Shapery is willing to sell the property for $650,000. Kaufman said there are some time constraints under the laws of Colorado, and he would like the city to act on the offer. Kaufman said he would like to avoid the time and added costs of getting into arbitration. Kaufman said he felt the $650,000 figure is justifiable, and he would like to end this and cut down the costs. Mayor Stirling said the Council can act rapidly in the next two weeks. The city has not had an opportunity to negotiate with Trueman. Mayor Stirling said the city ought to prepare an agreement for sale and put the contingencies in it and move the next step. Chapman told Council the staff has not been able to get ahold of Trueman's attorney. Chapman said he is meeting with the then -city manager this week to see if he could get a confirmation about the city agreeing to waive the commercial park dedication fee. Chapman said Mick Mahoney did not confirm that. City Attorney Taddune said Mahoney wants to go through the history before confirming anything. WATER EXTENSION LINE TO THE M.A.A. Councilman Collins said at the last meeting, Council approved to extend the water line to the M.A.A. If Council wants to reconsider this action, it has to be done at the next meeting. Councilman Collins said he would be willing to put this over a day or two. Tom Dunlop, environmental health director, told Council the sanitation districts combined their two Boards and voted 9 to 1 in favor of funding the sewer extension, based partly on what happened at Council two weeks ago. The sanitation boards voted to provide $191,000 based on re-evaluated engineering costs. Dunlop told Council the sanitation boards knew their approval was approval of the entire project, knowing the Council's approval was conditioned upon their approval. Dunlop told Council the sanitation districts put a condition upon their approval that if the property ever sells, that the gift is no longer a gift and someone has to pay the sanitation district back. Councilman Collins said he would like the city to be consistent with whatever the sanitation districts did. Chapman suggested the staff prepare a specific agreement with the M.A.A. The staff will work with the sanitation district to get the agreements in synch and them submit this back to Council. Councilman Collins said he wanted more discussion on this, and would be willing to continue this. Councilman Collins moved to continue the meeting to Tuesday, July 12, 1983, at noon; Council agreed. TED RYAN LAND AT ASHCROFT Councilman Knecht moved to adopt Resolution #18, Series of 1983, in support of the Ashcroft .Land exchange; seconded by Councilwoman Walls. All in favor, motion carried. Council left Chambers at 9:15 p.m. Kathryn S. Koch, City Clerk Continued Meeting Aspen City Council July 12, 1983 Mayor Stirling called the continued Council meeting to order at 12:05 p.m. with Council - members Blomquist, Collins and Walls present. Aspen/Pitkin Planning Office 130 south galena street aspen, colorado 81611 July 12, 1983 Mr. Sandor W. Shapery La Jolla Cove Plaza 8008 Girard Avenue, Suite 410 La Jolla, California 92037 RE: "Additional Billing" on Shapery Adoption of an SPA Plan Attached is the "Additional Billing" for the time spent over the allocated hours on the Shapery Adoption of an SPA Plan. There are 11 hours allocated for an SPA process and 23 hours were spent on this project. Therefore, 12 hours at a rate of $90.00 per hour has been charged to total an amount due of $1,080.00. Should you have any question in regard to this bill, please do not hesitate to call. Sincerely, Colette Penne, Planner Aspen/Pitkin Planning Office CP/klm Regular Meeting Aspen City Council June 13, 1983 Mayor Edel agreed to let the new Council face this issue. Councilman Collins moved to continue the public hearing to the next regular meeting; seconded by Councilman Knecht. All in favor, with the exception of Councilwoman Michael. Motion carried. SPECIAL EVENT PERMITS - Aspen Rugby Club Councilwoman Michael moved to approve the special event permits for 3.2 beer for the Aspen Rugby Club; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE #24, SERIES OF 1983 - Lada Vrany Settlement Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilman Knecht moved to adopt Ordinance #24, Series of 1983,•on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Michael, aye; Knecht, aye? Collins,,. abstain; Mayor Edel, aye. Motion carried. ORDINANCE #26, SERIES OF 1983 - Aspen Skiing Company/Little Nell Extension of SPA Mayor Edel stated he believed he had a conflict of interest and will not vote. Councilman Knecht said he would like to put this off until the next meeting. City Attorney Taddune asked Council.to read his memorandum interpreting SPA zoning mechanism. Andy Hecht also entered a letter he would like Council to have. Mayor Edel opened the public hearing. Councilman Knecht moved to continue the public hearing and table this until June 27, 1983; seconded by Councilman Collins. All in favor, Mayor Edel abstained. Motion carried. ORDINANCE 027, SERIES.OF 1983 - Buckhorn Lodge Rezoning City Attorney Taddune told Council he has included language indicating that the owner of the property has induced the city to consider this by volunteering an FAR of 1:1 and has changed some whereases. Taddune said this does not change the character of the ordinance but tightens up the 1:1. Colette Penne, planning office, told Council that the planning office and P & Z recommend Council not rezone this C/L but recommend rezoning to L-3 for the four reasons listed in the planning office memorandum. i Gideon Kaufman, representing the applicant, pointed out one of the objections to the rezoning is that C/L has a higher FAR. If the applicant were seeking a 2:1 FAR, there would be some concern. However, the applicant has agreed to an FAR for this parcel of ' 1:1. This is the same FAR as L-3 zone. Kaufman said by rezoning this to C/L, the Council is not creating more density, commercial space or any new lodge units but would allow Mr. Kelly to be conforming. This property has been the same way for over 20 years. Mayor Edel said one of the delights of Garmisch is the tiny lodges. The only reason they exist is because of the commercial space downstairs. Bil Dunaway said in C/L zone, there are no parking requirements. One of the benefits of this building is that there is good parking in an area that is congested. Kaufman said there are no parking requirements in either the commercial zone or the lodge zone. Mayor Edel closed the public hearing. Councilwoman Michael moved to adopt Ordinance #27, Series of 1983, on second reading as amended; seconded by Councilman Collins. Councilman Collins stated he has had problems with the L-3 zone since it was passed by Council. Consistent with his position on L-3 as spot zone, Councilman Collins stated he must take the position this is spot zoning. Councilman Collins also agreed with the four points in the planning office memorandum. Councilman Knecht moved to table Ordinance #27, Series of. 1983; seconded by Councilman Collins. All in favor, with the exception of Councilwoman Michael. Motion carried. ORDINANCE #28, SERIES OF 1983 - Subdivision Exception and SPA Amendment for Marolt City Attorney Taddune told Council he is prior to granting subdivision approval. and continue it. Mayor Edel opened the public hearing. trying to iron out all problems of the closing Taddune requested Council open the public hearing, IIII Councilman Knecht moved to continue the public hearing and to table this until June 27, f` 1983; seconded by Councilman Collins. All in favor, motion carried. () ORDINANCE #29, SERIES OF 1983 - Shapery Downtown Storage SPA Plan City Attorney Taddune reminded Council they have been advised as to their options with respect for an S/C/I use in this zone, and the ramifications for failure to act on this application. Taddune said, on the other hand, there has been a lot of interest in pur- chasing that property as open space. There have been negotiations with the applicant about purchasing the property. Gideon Kaufman said if something is going to be worked out to purchase this property, that has no legal bearing on the application. The applicant is entitled to a hearing on the application. This application has been in process almost a year. Mayor -elect Stirling suggested a negotiating team be formed to work in the next two weeks to bring this to a resolution in another form instead of developing the property. Regular Meeting Aspen City Council June 13, 1983 Councilwoman Michael moved to table Ordinance 029, Series of 1983, until June 27, 1983; seconded by Councilman Collins. All in favor, with the exception of Councilman Knecht. Motion carried. ORDINANCE #30, SERIES OF 1983 - Appropriations Finance Director Sheree Sonfield explained to Council these expenditures have been previously approved by Council. These are Alley clean up $14,286; trash barrels $4000; flower box project $16,215; mall operations $5000; roof repairs $11,825 and truck leases at $4000. The appropriation ordinance corrects the transfers from the land.fund and the transportation/mall fund to the general fund. Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilwoman Michael moved to adopt Ordinance #30, Series of 1983, on second reading seconded by Councilman Knecht. Roll call vote; Councilmembers Michael, aye; Collins, aye; Knecht, aye; Mayor Edel, aye. Motion carried. ORDINANCE #31, SERIFS OF 1983 - Doppes Settlement Mayor Edel opened the public hearing. City Attorney Taddune explained this is an appropria- tion ordinance to settle a claim against various defendants. The city's share is $600.00 and is less expensive than litigation. Councilwoman Michael moved to adopt Ordinance #31, Series of. 1983, on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Knecht, aye; Michael, aye;ll Collins, aye; Mavor Edel, aye. Motion carried. GOLF PRO SHOP CONSTRUCTION FINAL REPORT AND SALE OF OLD PRO SHOP Jim Holland, parks director, told Council the original budget for the pro shop was $74,000� and the actual expenditure was $211 over budget. Holland said the architectural fees �I has an upset figure of $6400. After the job was completed, the architects Hagman -Yaw reported to Holland that their actual time was $2311 over the job. Holland said he felt I; the architects had done a great job, and the pro shop is a beautiful facility. Holland I� recommended Council add the $2300 to Hagman-Yaw's contract. This brings the project to ''II only $211 over budget. N Councilwoman Michael moved to give authorization to staff to increase Hagman -Yaw Architects Ltd. contract by $2315.78; seconded by Councilman Knecht. All in favor, motion carried. i Holland told Council he had advertised in the paper for disposition of the old pro shop. l Holland received three proposals in writing; the Lions Club in Basalt asked for donation of the building for a community center; a cash offer of $3250 from Joe winerise. The third offer is from the Stones for a child care center. The offer has been changed i. from the last meeting, the original offer was to move the building to Iselin at their expense. The new offer is that the city move it at their expense, and the Stones are willing to lease it for a minimum of five years. Councilman Collins asked if the new offer to lease the space might come close to balancing the cost of the original offer. Holland said they may well. Councilman Collins suggested going back to the Stones to firm up the costs and lease payments. Councilman Knecht asked for an update on the landscaping. Holland said he will advertise for bids July 7. The earliest starting date would be 30 days from that. Councilman I Collins asked if this included berming and paving of the parking lot. Holland said no. Mayor -elect Stirling said he had been contacted by students in the high school as a possibility of using this building as a teen center. Mayor Edel said this Council would not make a decision on the old pro shop. MAROON BELLS BUS PROGRAM Monroe Summers told Council this Program has had seven successful years. The city took l it over from the county three years ago and is proud of the fact that the program has been kept in the black. This year the Aspen Highlands is foregoing its sky ride operation.. In the past, the city's relationship with Highlands has always been extremely cooperative.! The Maroon Bells bus program has been a non-profit cooperative effort of the Aspen Skiing Company, who provides the buses, some insurance, and the physical barricades; the Aspen (' Highlands, who provides the parking lot and half the expense of a ticket taker; the City of Aspen and U.S. Forest Service. The four entities have worked well together. This year in the absence of the sky ride, the city has been negotiating a new arrangement with Highlands in order to keep the Maroon bells bus program going, fiscally viable and acceptable to the general public. Summers told Council last year a professor from CSU did a follow-up study, which showed the Maroon Bells bus program had achieved an acceptability with the public between 80 - 90 per cent. The study showed that the bus program could handle at most a fare of $2.25. Summers told Council taking all financial things into account, he arrived at $5,000 for the lease of the Highlands parking lot. Summers told Council he has had numerous meetings with Highlands, and they have not arrived at terms. Summers said he offered Highlands $5,000 for a three year lease. Summers asked Council to find acceptable the offer he ;i made to the Aspen Highlands. Mayor Edel asked what the alternatives were. Summers said the Forest Service can affect I, a temporary day time blockage of the road. Summers said they have also investigated the alternatives of operating the bus program at the high school, the Iselin pool. This would create a bigger problem. Summers said for the long-term solution, they have looked ;I into a parking lot and staging area at the forest service boundary. The city could get out of the program and simply lease buses. The forest service has long range plans to do this and has funds for 1985. A landscape architect from the Department of Agriculture is coming to look into sites that might be appropriate for this operation. MEMORANDUM TO: Aspen City Council FROM: Colette Penne, Planning Office RE: Shapery Downtown Storage - SPA Plan DATE: June 13, 1983 Background APPROVED AS TO FORM: ��/ This project successfully competed in the 1983 Commercial Growth Management Competition in meeting the required minimum thresholds of the scoring process. The original submission was for three storage buildings and a total of 24,750 square feet. An amendment was made to the application which reduced the size of the project to 21,056 square feet in a two building configuration. Planning and Zoning Commission re -scored the application, it again met all required minimum point thresholds and the recommendation they sent to Council was for an allocation of the full 21,056 square feet to complete the project in one construction year. Along with the recommendation for quota, they resubmitted Resolution 82-12 which encouraged Council to buy the parcel for open space. You reviewed their recommendations and granted the project an allocation of one year's quota in the S/C/I zone, which is 7,000 square feet. Applicant's Request As shown on the SPA submission of the Trueman Neighborhood Commercial Project, "no development of Lots ...3... shall take place prior to approval of a specific SPA plan for each lot which shall constitute amendments to the SPA master plan." The applicant is, therefore, submitting the enclosed site plan as the specific plan for the development of Lot 3, which if approved, would constitute an amendment to the Trueman SPA Master Plan. Referral Comments The City Attorney requested that the attached research concerning the history of the Trueman SPA be completed. Also that the P&Z and Council be advised that the considerations generally applicable to applications for zone changes apply to this application. The City Engineering Department had several areas of concern that have in large part been addressed by the applicant to their satisfaction. The remaining information they need is detail on the grading require- ments for the parcel. The Environmental Health Department made the following comments: Noise: There is a 15 minute idling ordinance in the Municipal Code which will regulate vehicles using the facility. Perhaps signs at the entrance to the storage area will be beneficial to notify vehicle operators to turn off their engines when loading or unloading. Site Drainage: "It will be the request of this office that all run-off from paved areas and roof drainage be contained on the site. This can be accomplished by using on -site drywells or non -discharging holding ponds. Memo: Shapery Downtown Storage Page Two June 13, 1983 The use of the existing storm sewer holding pond located in Jenny Adair Park to contain this project's run-off is not recommended. This is due to the inadequate treatment given to street run-off currently entering the pond from the west end of Aspen. Any increase in hydraulic loading to this pond will simply exacerbate the situation of inadequate water treatment prior to discharge into the Roaring Fork River." Development Plan The development proposal is for two storage warehouse buildings with a total gross square footage of 21,056 square feet. The development allotment for this construction season is for 7,000 square feet. The total buildout proposed by the applicant is the subject of this review, since the only way to adequately consider its impacts is to review the total potential project. The project breakdown is as follows: 56 storage units @ 8'xl8'=144 sq.ft. 56 storage units @ 8'x20'=160 sq.ft, Gross storage square footage Drive -through 2nd floor corridors Total Gross Square Footage (storage) Office On -site manager's apartment Total Lot Area is 1.147 acres 8,064 sq.ft. 8,960 sq.ft. 17,024 sq.ft. 4,082 sq.ft. 21,056 sq.ft. 400 sq.ft. 400 sq.ft. 21,856 sq.ft. = 49,963 sq.ft. This site plan is being reviewed as the specific development plan for Loe 3 of the Trueman Neighborhood Commercial Porject Specially Planned Area. If adopted, its final form shall constitute an amendment to the SPA Master Plan. The underlying zone category is Service/ Commercial/Industrial. Compatibility with Surrounding Land Uses In considering the compatibility of this storage warehouse proposal with surrounding land uses and the existing neighborhood, the evalua- tion literally depends upon which direction you face. To the southand east are neighborhood commercial and S/C/I uses with which this proposal is consistent. To the west and north are the pristine natural settings of the Aspen Center for Environmental Studies with their open meadows and wildlife sanctuary and the river. The Roaring Fork Greenway and the Rio Grande Trail will both be affected by the placement of this project. If you consider the north and west sides of the "neighborhood", this project can only be considered to be an intrusion and a negative impact on an environmentally sensitive area. The applicant has responded to this sensitive area in severaly ways. The most significant of these responses is the offer to dedicate to the City and landscape the rear 120 feet (closest to the river) of the property for use as a park (total area of 12,000 square feet). This offer is certainly a positive step in keeping intact the integrity of the Greenway. A second response is the applicant's proposal to relocate the Rio Grande Trail to the west side of the property. This proposal is a preferable location for the trailhead, in that if the storage warehouses are built, having the trail between them and the sewer plant does not represent an experience nearly as positive as the open views of ACES that would be offered by the relocated trail. Memo: Shapery Downtown Storage Page Three June 13, 1983 The downside of moving the trail to the west side of the property is that (1) there is no positive assurance offered by the applicant that the easements necessary from the adjoining property owners can be obtained; (2) the applicant is agreeing to construct only the segment of the trail which lies on his property and that segment is very small; (3) the City will be incurring expense to rebuild the trail and possibly to secure the necessary easements. In addition to the obvious higher degree of aesthetics of the relocation of the trail, there is the added possibility that,a linkage could be made to the trail which connects Lots 1 and 2 of the Trueman Center to the West End residential area. The applicant has further responded to the sensitive nature of surrounding land uses by fencing the project (with a natural wood fence) to reduce the visual impact of renters accessing their units and to limit the hours of operation and therefore limiting the lighting needed. Relationship of Lot 3 to the Remainder of the Trueman SPA One of the fundamental problems of this development on thissite is the fact that the original Trueman SPA was parcelled into four lots and all attention then turned to the details of development of Lot 1. When Lot 2 was developed by the U.S. government as a post office, no amendment to the original SPA was filed. The result of these two actions is that the total traffic and pedestrian circulation from these projects was never fully evaluated and the development of Lot 3 cannot be addressed without recognizing its cumulative effect on the existing situation. Several assumptions can be made: (1) merchants operating in Aspen who need quick access to their stored goods will opt for one of these spaces rather than one at the Airport Business Center; (2) the long-term renter most likely will choose the ABC unless there is not a significant price difference, in which case he/she would probably choose the first space available; (3) a tenant of a storage unit space will use a private venicle to come and go from this project; and (4) a trip to this location will be multi- purpose. Based on these assumptions, we can conclude that the porject may not be as low impact in terms of traffic generation as is typically the case for a storage warehouse project. However, since a grocery store, post office, drug store, bank branch, liquor store, etc., already generate considerably daily trips, the lessees of a storage unit may combine one more stop in an already planned trip to this activity center. This area is densely developed and more emphasis should have been placed on balance of open space, landscaping and effective circulation than is apparent from the record of the Trueman Center approvals. Site Specific Considerations The storage warehouse proposal is a relatively low -impact use in the S/C/I zone. Compared to a car wash, a lumberyard, or a vehicle sales facility, all of which are permitted uses, warehousing and storage (also a permitted use) is much "quieter." Employee generation is minimal and the housing need is being met. The manager's office and housing unit are being housed in the historic Koch Lumber Co. Building which will be located at the entrance to the project. Parking is being provided at one space in front of each unit, which is adequate, but at least three spaces should be provided at the office location. One space for the manager's car and two for customers should be provided. Easements exist on the property for utilities and access (a 15' easement on the west side of the property, which allows the City access to Jenny Adair Park). A sewer trunk line exists on the eastern side of the project. No structures will be placed over the trunk line, it will be covered by the driveway. The site plan is well -executed, with a good circulation plan and an interesting design for this type of facility. The structures are Memo: Shapery Downtown Storage Page Four June 13, 1983 intended to have the appearance of large barns and because of the grade of the site will not show up as full two-story structures. The structures will have the visual impact of reducing a view of Ajax from the Rio Grande Trail as it nears town and the view of the trail and green space from Puppy Smith Street will be lost. Area and Bulk Requirements The applicable area and bulk requirements of the S/C/I zone are as follows: Minimum lot area Minimum lot width Minimum front yard Minimum side yard Minimum rear yard Maximum height Minimum distance between bldgs. Percent open space External FAR Internal FAR 6,000 square feet No requirement 5 feet No requirement No requirement 32 feet No requirement 25% 1:1 No requirement The proposed project meets all these requirements except that the placement of the Koch Lumber Company Building offers a 5 foot front yard rather than the 10 foot front yard normally required in the S/C/I zone. The applicant placed the structure in this location to maximize the area available for dedication as a park, and the P&Z agreed with this placement. Other Review Criteria The project is compatible with the Aspen Area General Plan, 1966, as amended in that it is located in the "Neighborhood Commercial - Limited Industrial" area. All of the Sanitation Plant, Hallam Lake and the river area are in the "Open Space" category. The project will not impact air and water quality in the vicinity of the site provided run-off is contained on -site. The closest point of the development to the river will be at least 100 feet and since the City's settling ponds are between the development site and the river, drainage impacts should not affect the river (with one possible exception of during construction). The question of overall community balance can be approached from the perspective that by meeting the need for storage nearer the Commercial Core, merchants who use it will not be traveling on Highway 82 to the Airport Business Center. Some individuals have raised the question of the appropriateness of storage facilities in this location. It should be noted that such facilities are a permitted use in the S/C/I zone which is the underlying zone of this parcel. Summary Issues Land Use Compatibility Rio Grande Trail Traffic Pro Trueman Center; Sewer Plant Relocation closer to open areas Multi -use trips Con ACES; Roaring Fork Greenway No guarantee of easements Excess traffic now Site Plan Relatively low Bulky development impact at trailhead Memo: Shapery Downtown Storage Page Five June 13, 1983 Planning and Zoning Commission Recommendation The attached resolution is the recommendation. Council Action The Planning and Zoning Commission recommended that if Council approved the SPA plan, the GMP allotment be increased to allow full construction of the project. The language in the Ordinance allowing for this was removed from Ordinance 29 at first reading. The appropriate motion is: "I move to adopt Ordinance 29, Series of 1983 (as amended)." MEMORANDUM TO: Aspen City Council FROM: Colette Penne, Planning Office RE: Shapery Downtown Storage - SPA Plan DATE: June 271 1983 Background APPROVED AS TO FORM This project successfully competed in the 1983 Commercial Growth Management Competition in meeting the required minimum thresholds of the scoring process. The original submission was for three storage buildings and a total of 24,750 square feet. An amendment was made to the application which reduced the size of the project to 21,056 square feet in a two building configuration. Planning and Zoning Commission re -scored the application, it again met all required minimum point thresholds and the recommendation they sent to Council was for an allocation of the full 21,056 square feet to complete the project in one ccnstruction year. Along with the recommendation for quota, they resubmitted Resolution 82-12 which encouraged Council to buy the parcel fcr open space. You reviewed their recommendations and granted the project an allocation of one year's quota in the S/C/I zone, which is 7,000 square feet. Applicant's Request As shown on the SPA submission of the Trueman Neighborhood Commercial Project, "no development of Lots ...3... shall take place prior to approval of a specific SPA plan for each lot which shall constitute amendments to the SPA master plan." The applicant is, therefore, submitting the enclosed site plan as the specific plan for the development of Lot 3, which if approved, would constitute an amendment to the Trueman SPA Master Plan. Referral Comments The City Attorney requested that the attached research concerning the history of the Trueman SPA be completed. Also that the P&Z and Council be advised that the considerations generally applicable to applications for zone changes apply to this application. The City Engineering Department had several areas of concern that have in large part been addressed by the applicant to their satisfaction. The remaining information they need is detail on -the grading require- ments for the parcel. The Environmental Health Department made the following comments: Noise: There is a 15 minute idling ordinance in the Municipal Code which will regulate vehicles using the facility. Perhaps signs at the entrance to the storage area will be beneficial to notify vehicle operators to turn off their engines when loading or unloading. Site Drainage: "It will be the request of this office that all run-off from paved areas and roof drainage be contained on the site. This can be accomplished by using on -site drywells or non -discharging holding ponds. Memo: Shapery Downtown Storage Page Two - June 27, 1983 The use of the existing storm sewer holding pond located in Jenny Adair Park to contain this project.'s run-off is not recommended. This is due to the inadequate treatment given to street run-off currently entering the pond from the west end of Aspen. Any increase in hydraulic loading to this pond will simply exacerbate the situation of inadequate water treatment prior to discharge into the Roaring Fork River." Development Plan The development proposal is for two storage warehouse buildings with a total gross square footage of 21,056 square feet. The development allotment for this construction season is for 7,000 square feet. The total buildout proposed by the applicant is the subject of this review, since the only way to adequately consider its impacts is to review the total potential project. The project breakdown is as follows: 56 storage units @ 8'xl8'=144 sq.ft. 56 storage units @ 8'x20'=160 sq.ft, Gross storage square footage Drive -through 2nd floor corridors Total Gross Square Footage (storage) Office On -site manager's apartment Total. Lot Area is 1.147 acres = 8,064 sq.ft. = 8,960 sq.ft. 17,024 sq.ft. = 4,082 sq.ft. 21,056 sq.ft. 400 sq.ft. 400 sq.ft. 21,856 sq.ft. 49,963 sq.ft. This site plan is being reviewed as the specific development plan for Loe 3 of the Trueman Neighborhood Commercial Porject Specially Planned Area. If adopted, its final form shall constitute an amendment to the SPA Master Plan. The underlying zone category is Service/ Commercial/Industrial. Compatibility with Surrounding Land Uses In considering the compatibility of this storage warehouse proposal with surrounding land uses and the existing neighborhood, the evalua- tion literally depends upon which direction you face. To the southand east are neighborhood commercial and S/C/I uses with which this proposal is consistent. To the west and north are the pristine natural settings of the Aspen Center for Environmental Studies with their open meadows and wildlife sanctuary and the river. The Roaring Fork Greenway and the Rio Grande Trail will both be affected by the placement of this project. If you consider the north and west sides of the "neighborhood", this project can only be considered to be an intrusion and a negative impact on an environmentally sensitive area. The applicant has responded to this sensitive area in severaly ways. The most significant of these responses is the offer to dedicate to the City and landscape the rear 120 feet (closest to the river) of the property for use as a park (total area of 12,000 square feet). This offer is certainly a positive step in keeping intact the integrity of the Greenway. A second response is the applicant's proposal to relocate the Rio Grande Trail to the west side of the property. This proposal is a preferable location for the trailhead, in that if the storage warehouses are built, having the trail between them and the sewer plant does not represent an experience nearly as positivo as the open views of ACES that would be offered by the relocated trail. Memo: Shapery Downtown Storage Page Three June 27, 1983 The downside of moving the trail to the west side of the property is that (1) there is no positive assurance offered by the applicant that the easements necessary from the adjoining property owners can be obtained; (2) the applicant is agreeing to construct only the segment of the trail which lies on his property and that segment is very small; (3) the City will be incurring expense to rebuild the trail and possibly to secure the necessary easements. In addition to the obvious higher degree of aesthetics of the relocation of the trail, there is the added possibility that.a linkage could be made to the trail which connects Lots 1 and 2 of the Trueman Center to the West End residential area. The applicant has further responded to the sensitive nature of surrounding land uses by fencing the project (with a natural wood fence) to reduce the visual impact of renters accessing their units and,to limit the hours of operation and therefore limiting the lighting needed. Relationship of Lot 3 to the Remainder of the Trueman SPA One of the fundamental problems of this development on thissite is the fact that the original Trueman SPA was parcelled into four lots and all attention then turned to the details of development of Lot 1. When Lot 2 was developed by the U.S. government as a post office, no amendment to the original SPA was filed. The result of these two actions is that the total traffic and pedestrian circulation from these projects was never fully evaluated and the development of Lot 3 cannot be addressed without recognizing its cumulative effect on the existing situation. Several assumptions can be made: (1) merchants operating in Aspen who need quick access to their stored goods will opt for one of these spaces rather than one at the Airport Business Center; (2) the long-term renter most likely will choose the ABC unless there is not a significant price difference, in which case he/she would probably choose the first space available; (3) a tenant of a storage unit space will use a private venicle to come and go from this project; and (4) a trip to this location will be multi- purpose. Based on these assumptions, we can conclude that the porject may not be as low impact in terms of traffic generation as is typically the case for a storage warehouse project. However, since a grocery store, post office, drug store, bank branch, liquor store, etc., already generate considerably daily trips, the lessees of a storage unit may combine one more stop in an already planned trip to this activity center. This area is densely developed and more emphasis should have been placed on balance of open space, landscaping and effective circulation than is,apparent from the record of the Trueman Center approvals. Site Specific Considerations The storage warehouse proposal is a relatively low -impact use in the S/C/I zone. Compared to a car wash, a lumberyard, or a vehicle sales facility, all of which are permitted uses, warehousing and storage (also a permitted usc) is much "quieter." Employee generation is minimal and the housing need is being met. The manager's office and housing unit are being housed in the historic Koch Lumber Co. Building which will be located at the entrance to the project. Parking is being provided at one space in front of each unit, which is adequate, but at least three spaces should be provided at the office location. One space for the manager's car and two for customers should be provided. Easements exist on the property for utilities and access (a 15' easement on the west side of the property, which allows the City access to Jenny Adair Park). A sewer trunk line exists on the eastern side of the project. No structures will be placed over the trunk line, it will be covered by the driveway. The site plan is well. -executed, with a good circulation plan and an interesting design for this type of facility. The structures are Memo: Shapery Downtown Storage Page Four June 27, 1983 intended to have the appearance of large barns and because of the grade of the site will not show up as full two-story structures. The structures will have the visual impact of reducing a view of Ajax from the Rio Grande Trail as it nears town and the view of the trail and green space from Puppy Smith Street will be lost. Area and Bulk Requirements The applicable area and bulk requirements of the S/C/I zone are as follows: Minimum lot area Minimum lot width Minimum front yard Minimum side yard Minimum rear yard Maximum height Minimum distance between bldgs. Percent open space External FAR Internal FAR 6,000 square feet No requirement 5 feet No requirement No requirement 32 feet No requirement 250 1:1 No requirement The proposed project meets all these requirements except that the placement of the Koch Lumber Company Building offers a 5 foot front yard rather than the 10 foot front yard normally required in the S/C/I zone. The applicant placed the structure in this location to maximize the area available for dedication as a park, and the P&Z agreed with this placement. Other Review Criteria The project is compatible with the Aspen Area General Plan, 1966, as amended in that it is located in the "Neighborhood Commercial - Limited Industrial" area. All of the Sanitation Plant, Hallam Lake and the river area are in the "Open Space" category. The project will not impact air and water quality in the vicinity of the site provided run-off is contained on -site. The closest point of the development to the river will be at least 100 feet and since the City's settling ponds are between the development site and the river, drainage impacts should not affect the river (with one possible exception of during construction). The question of overall community balance can be approached from the perspective that by meeting the need for storage nearer the Commercial Core, merchants who use it will not be traveling on Highway 82 to the Airport Business Center. Some individuals have raised the question of the appropriateness of storage'facilities in this location. It should be noted that such facilities are a permitted use in the S/C/I zone which is the underlying zone of this parcel. Summary Issues Land Use Compatibility Rio Grande Trail Traffic Pro Trueman Center; Sewer Plant Relocation closer to open areas Multi -use trips Con ACES; Roaring Fork Greenway No guarantee of easements Excess traffic now Site Plan Relatively low Bulky development impact at trailhead Memo: Shapery Downtown Storage Page Five June 27 , 1983 Planning and Zoninq Commission Recommendation The attached resolution is the recommendation. Council Action The Planning and Zoning Commission recommended that if Council approved the SPA plan, the GMP allotment be increased to allow full construction of the project. The language in the Ordinance allowing for this was removed from Ordinance 29 at first reading. The appropriate motion is: "I move to adopt Ordinance 29, Series of 1983 (as amended)." MEMORANDUM TO: Aspen City Council FROM: Colette Penne, Planning Office RE: Shapery Downtown Storage - SPA Plan DATE: May 23, 1983 APPROVED AS TO FORM: 0f ' Background This project successfully competed in the 1983 Commercial Growth Management Competition in meeting the required minimum thresholds of the scoring process. The original submission was for three storage buildings and a total of 24,750 square feet. An amendment was made to the application which reduced the size of the porject to 21,056 square feet in a two building configuration. Planning and Zoning Commission re -scored the application, it again met all required minimum point thresholds and the recommendation they sent to Council was for an allocation of the full 21,056 square feet to complete the project in one construction year. Along with the recommendation for quota, they resubmitted Resolution 82-12 which encouraged Council to buy the parcel for open space. You reviewed their recommendations and granted the project an allocation of one year's quota in the S/C/I zone, which is 7,000 square feet. Attached for your review also is the history of the Trueman Neigh- borhood Commercial Project as it relates to Lot 3. Our research shows that Lot 3 is a developable parcel with S/C/I zoning and an SPA overlay and that provisions were made for the vacation of ease- ments at the time of development. Applicant's Request As shown on the SPA submission of the Trueman Neighborhood Commercial Project, "no development of Lots ...3... shall take place prior to approval of a specific SPA plan for each lot which shall constitute amendments to the SPA master plan." The applicant is, therefore, submitting the enclosed site plan as the specific plan for the develop- ment of Lot 3, which if approved, would constitute an amendment to the Trueman SPA Master Plan. Referral Comments The City Attorney requested that the attached research concerning the history of the Trueman SPA be completed. Also that the P&Z and Council be advised that the considerations generally applicable to applications for zone changes apply to this application. The City Engineering Department had several areas of concern that have in large part been addressed by the applicant to their satisfaction. The remaining information they need is detail on the grading require- ments for the parcel. The Environmental Health Department made the following comments: Noise: There is a 15 minute idling ordinance in the Municipal Code which will regulate vehicles using the facility. Perhaps signs at the entrance to the storage area will be beneficial to notify vehicle operators to turn off their engines when loading or unloading. Site Drainage: "It will be the request of this office that all run-off from paved areas and roof drainage be contained on the site. This can be accomplished by using on -site drywells or non -discharging holding ponds. Memo: Shapery Downtown Storage Page Two May 23, 1983 The use of the existing storm sewer holding pond located in Jenny Adair Park to contain this project's run-off is not recommended. This is due to the inadequate treat- ment given to street run-off currently entering the pond from the west end of Aspen. Any increase in hydraulic loading to this pond will simply exacerbate the situation of inadequate water treatment prior to discharge into the Roaring Fork River." Development Plan The development proposal is for two storage warehouse buildings with a total gross square footage of 21,056 square feet. The development allotment for this construction season is for 7,000 square feet. The total buildout proposed by the applicant is the subject of this review, since the only way to adequately consider its impacts is to review the total potential project. The project breakdown is as follows: 56 storage units @ 8'xl8'=144 sq.ft. 56 storage units @ 81x20'=160 sq.ft. Gross storage square footage Drive -through 2nd floor corridors Total Gross Square Footage (storage) Office On -site manager's apartment Total Lot Area is 1.147 acres = 8,064 sq.ft. 8,960 sq.ft. 17,024 sq.ft. 4,082 sq.ft. 21,056 sq.ft. 400 sq.ft. 400 sq.ft. 21,856 sq.ft. 49,963 sq.ft. This site plan is being reviewed as the specific development plan for Loe 3 of the Trueman Neighborhood Commercial Porject Specially Planned Area. If adopted, its final form shall constitute an amendment to the SPA Master Plan. The underlying zone category is Service/ Commercial/Industrial. Compatibility with Surrounding Land Uses In considering the compatibility of this storage warehouse proposal with surrounding land uses and the existing neighborhood, the evalua- tion literally depends upon which direction you face. To the south and east are neighborhood commercial and S/C/I uses with which this proposal is consistent. To the west and north are the pristine natural settings of the Aspen Center for Environmental Studies with their open meadows and wildlife sanctuary and the river. The Roaring Fork Greenway and the Rio Grande Trail will both be affected by the placement of this project. If you consider the north and west sides of the "neighborhood", this project can only be considered to be an intrusion and a negative impact on an environmentally sensitive area. The applicant has responded to this sensitive area in severaly ways. The most significant of these responses is the offer to dedicate to the City and landscape the rear 120 feet (closest to the river) of the property for use as a park (total area of 12,000 square feet). This offer is certainly a positive step in keeping intact the integrity of the Greenway. A second response is the applicant's proposal to relocate the Rio Grande Trail to the west side of the property. This proposal is a preferable location for the trailhead, in that if the storage warehouses are built, having the trail between them and the sewer plant does not represent an experience nearly as positive as the open views of ACES that would be offered by the relocated trail. Memo: Shapery Downtown Storage Page Three May 23, 1983 The downside of moving the trail to the west side of the property is that (1) there is no positive assurance offered by the applicant that the easements necessary from the adjoining property owners can be obtained; (2) the applicant is agreeing to construct only the segment of the trail which lies on his property and that segment is very small; (3) the City will be incurring expense to rebuild the trail and possibly to secure the necessary easements. In addition to the obvious higher degree of aesthetics of the relocation of the trail, there is the added possibility that a linkage could be made to the trail which connects Lots 1 and 2 of the Trueman Center to the West End residential area. The applicant has further responded to the sensitive nature of surrounding land uses by fencing the project (with a natural wood fence) to reduce the visual impact of renters accessing their units and to limit the hours of operation and therefore limiting the lighting needed. Relationship of Lot 3 to the Remainder of the Trueman SPA One of the fundamental problems of this development on thi site is the fact that the original Trueman SPA was parcelled into four lots and all attention then turned to the details of development of Lot 1. When Lot 2 was developed by the U.S. government as a post office, no amendment to the original SPA was filed. The result of these two actions is that the total traffic and pedestrian circulation from these projects was never fully evaluated and the development of Lot 3 cannot be addressed without recognizing its cumulative effect on the existing situation. Several assumptions can be made: (1) merchants operating in Aspen who need quick access to their stored goods will opt for one of these spaces rather than one at the Airport Business Center; (2) the long-term renter most likely will choose the ABC unless there is not a significant price difference, in which case he/she would probably choose the first space available; (3) a tenant of a storage unit space will use a private venicle to come and go from this project; and (4) a trip to this location will be multi -purpose. Based on these assumptions, we can conclude that the porject may not be as low impact in terms of traffic generation as is typically the case for a storage warehouse project. However, since a grocery store, post office, drug store, bank branch, liquor store, etc., already generate considerably daily trips, the lessees of a storage unit may combine one more stop in an already planned trip to this activity center. This area is densely developed and more emphasis should have been placed on balance of open space, landscaping and effective circulation than is apparent from the record of the Trueman Center approvals. Site Specific Considerations The storage warehouse proposal is a relatively low -impact use in the S/C/I zone. Compared to a car wash, a lumberyard, or a vehicle sales facility, all of which are permitted uses, warehousing and storage (also a permitted use) is much "quieter." Employee generation is minimal and the housing need is being met. The manager's office and housing unit are being housed in the historic Koch Lumber Co. Building which will be located at the entrance to the project. Parking is being provided at one space in front of each unit, which is adequate, but at least three spaces should be provided at the office location. One space for the manager's car and two for customers should be provided. Easements exist on the property for utilities and access (a 15' easement on the west side of the property, which allows the City access to Jenny Adair Park). A sewer trunk line exists on the eastern side of the project. No structures will be placed over the trunk line, it will be covered by the driveway. The site plan is well -executed, with a good circulation plan and an interesting design Memo: Shapery Downtown Storage Page Four May 23, 1983 for this type of facility. The structures are intended to have the appearance of large barns and because of the grade of the site will not show up as full two-story structures. The structures will have the visual impact of reducing a view of Ajax from the Rio Grande Trail as it nears town and the view of the trail and green space from Puppy Smith Street will be lost. Area and Bulk Requirements The applicable area and bulk requirements of the S/C/I zone are as follows: Minimum lot area Minimum lot width Minimum front yard Minimum side yard Minimum rear yard Maximum height Minimum distance between bldgs. Percent open space External FAR Internal FAR 6,000 square feet No requirement 5 feet No requirement No requirement 32 feet No requirement 25% 1: 1 No requirement The proposed project meets all these requirements except that the placement of the Koch Lumber Company Building offers a 5 foot front yard rather than the 10 foot front yard normally required in the S/C/I zone. The applicant placed the structure in this location to maximize the area available for dedication as a park, and the P&Z agreed with this placement. Other Review Criteria The project is compatible with the Aspen Area General Plan, 1966, as amended in that it is located in the "Neighborhood Commercial -Limited Industrial" area. All of the Sanitation Plant, Hallam Lake and the river area are in the "Open Space" category. The project will not impact air and water quality in the vicinity of the site provided run-off is contained on -site. The closest point of the development to the river will be at least 100 feet and since the City's settling ponds are between the development site and the river, drainage impacts should not affect the river (with one possible exception of during construction). The question of overall community balance can be approached from the perspective that by meeting the need for storage nearer the Commercial Core, merchants who use it will not be traveling on Highway 82 to the Airport Business Center. Some individuals have raised the question of the appropriateness of storage facilities in this location. It should be noted that such facilities are a permitted use in the S/C/I zone which is the underlying zone of this parcel. Summary Issues Land Use Compatibility Rio Grande Trail Traffic Pro Trueman Center; Sewer Plant Relocation closer to open areas Multi -use trips Con ACES; Roaring Fork Greenway No guarantee of easements Excess traffic now Site Plan Relatively low Bulky development impact at trailhead Memo: Shapery Downtown Storage Page Five May 23, 1983 Planning and Zoning Commission Recommendation The attached resolution is the recommendation. Council Action If Council concurs with the recommendations of the Planning and Zoning Commission, the appropriate motion is: "I move to read ordinance{G% ( Series of 1983)." "I move to a�rove Ordinance (Series of 1983)." Cr MEMORANDUM TO: Aspen Planning & Zoning Commission FROM: Colette Penne, Planning Office RE: Shapery Downtown Storage - SPA Plan DATE: April 25,1983 Background This project successfully competed in the 1983 Commercial Growth Management Competition in meeting the required minimum thresholds of the scoring process. The original submission was for three storage buildings and a total of 24,750 square feet. An amendment was made to the application which reduced the size of the project to 21,056 square feet in a two building configuration. You re -scored the amended application, it again met all required minimum point thresholds and the recommendation you sent to Council was for an allocation of the full 21,056 square feet to complete the project in one construction year. Along with the recommendation for quota, you resubmitted Resolution 82-12 which encouraged Council to buy the parcel for open space. Council reviewed your recommendations and granted the project an allocation of one year's quota in the SCI zone, which is 7,000 square feet. Attached for your review also is the history of the Trueman Neighborhood Commercial Project as it relates to Lot 3. Our research shows that Lot 3 is a developable parcel with S/C/I zoning and an SPA overlay and that provisions were made for the vacation of easements at the time of development. Applicant's Request As shown on the SPA Submission of the Trueman Neighborhood Commercial Project, "no development of Lots .. 3 .. shall take place prior to approval of a specific SPA plan for each lot which shall constitute amendments to the SPA master plan." The applicant is, therefore, submitting the enclosed site plan as the specific plan for the development of Lot 3, which if approved, would constitute an amendment to the Trueman SPA Master Plan. Referral Comments The City Attorney requested that the attached research concerning the history of the Trueman SPA be completed. Also that the P & Z and Council be advised that the considerations generally applicable to applications for zone changes apply to this application. The City Engineering Department has requested that attention be given to the following items: 1. There may be potential problems with utilities and in -place easements that currently exist on the parcel. The applicant should be required at this time to obtain comments from the Aspen Sanitation District and Holy Cross Electric Association regarding existing facilities, setback needs, and any potential relocations. The City will require a minimum twenty foot easement along the westerly property line for storm drainage and access to Jenny Adair Park. The applicant should be required to obtain some assurance from adjacent property owners that easements are available to accommodate the trail relocation, grading and landscape needs. Shapery Downtown Storage - SPA Plan Page Two April 25, 1983 3. Proposed location of the Koch building does not appear to honor the proposed setback from Puppy Smith Street. 4. How will access be provided to the phase one construction? Will the elevated driveway portion of the structure be built in total during the first phase? This should be clarified. 5. Neither the original GMP site plan nor the current site plan adequately addresses grading requirements for the parcel. The grading to accommodate the elevated drive and realigned trail may extend significantly on to adjacent ownerships. Reconstruction of the trail should not interfere with access to Jenny Adair Park. The Environmental Health Department made the following comments: Noise: There is a 15 minute idling ordinance in the Municipal Code which will regulate vehicles using the facility. Perhaps signs at the entrance to the storage area will be beneficial to notify vehicle operators to turn off their engines when loading or unloading. Site Drainage: "It will be the request of this office that all run-off from paved areas and roof drainage be contained on the site. This can be accomplished by using on -site dry wells or non -discharging holding ponds. The use of the existing storm sewer holding pond located in Jenny Adair Park to contain this project's run-off is not recommended. This is due to the inadequate treatment given to street run-off currently entering the pond from the West end of Aspen. Any increase in hydraulic loading to this pond will simply exacerbate the situa- tion of inadequate water treatment prior to discharge into the Roaring Fork River." Planning Office Review Development Plan The development proposal is for two storage warehouse buildings with a total gross square footage of 21,056 square feet. The development allotment for this construction season is for 7,000 square feet. The total buildout proposed by the applicant is the subject of this review, since the only way to adquately consider its impacts is to review the total potential project. The project breakdown is as follows: 56 storage units @ 8'xl8'=144 sq. ft.= 8,064 sq. ft. 56 storage units @ 8'x2O'=160 sq. ft.= 8,960 sq. ft. Gross storage square footage =17,024 sq. ft. Drive-thru 2nd floor corridors = 4,082 sq. ft. Total Gross Square Footage(storage) =21,056 sq. ft. Office = 400 sq. ft. On -site Manager's Apt. = 400 sq. ft. Total .... =21,856 sq. ft. Lot Area = 1.147 Acres =49,963 sq. ft. This site plan is being reviewed as the specific development plan for Lot 3 of the Trueman Neighborhood Commercial Project Specially Planned Area. If adopted, its final form shall constitute an amendment to the SPA Master Plan. The underlying zone category is Service/Commercial/Industrial. Shapery Downtown Storage - SPA Plan Page Three Apri 1 2b, 1983 Compatibility With Surroundinq Land Uses In considering the compatibility of this storage warehouse proposal with surrounding land uses and the existing neighborhood, the evaluation literally depends upon which direction you face. To the south and east are neighborhood commercial and S/C/I uses with which this proposal.is consistent. To the west and north are the pristine natural settings of the Aspen Center for Environmental Studies with their open meadows and wildlife sanctuary and the river. The Roaring Fork Greenway and the Rio Grande Trail will both be affected by the placement of this project. If you consider the north and west sides of the "neighborhood", this project can only be considered to be an intrusion and a negative impact on an environmentally sensitive area. The applicant has responded to this sensitive area in several ways. The most significant of these responses is the offer to dedicate to the City and landscape the rear 120 feet (closest to the river) of the property for use as a park (total area of 12,000 sq. ft.). This offer is certainly a positive step in keeping intact the integrity of the Greenway. A second response is the applicant's proposal to relocate the Rio Grande Trail to the west side of the property. This proposal is a preferable location for the trailhead, in that if the storage warehouses are built, having the trail between them and the sewer plant does not represent an experience nearly as positive as the open views of ACES that would be offered by the relocated trial. The downside of moving the trail to the west side of the property is that: (1) there is no positive assurance offered by the applicant that the easements necessary from the adjoining property owners can be obtained; (2) the applicant is agreeing to construct only the segment of the trail which lies on his property and that segment is very small; (3) the City will be incurring expense to rebuild the trail and possibly to secure the necessary easements. In addition to the obvious higher degree of aesthetics of the relocation of the trail, there is the added possibility that a linkage could be made to the trail which connects Lots 1 and 2 of the Trueman Center to the West End residential area. The applicant has further responded to the sensitive nature of surrounding land uses by fencing the project (with a natural wood fence) to reduce the visual impact of renters accessing their units and to limit the hours of operation and therefore limiting the lighting needed. Relationship of Lot 3 To The Remainder of the Trueman SPA One of the fundamental problems of this development on this site is the fact that the original Trueman SPA was parcelled into four lots and all attention then turned to the details of development of Lot 1. When Lot 2 was developed by the U.S. government as a post office, no amendment to the original SPA was filed. The result of these two actions is that the total traffic and pedestrian circulation from these projects was never fully evaluated and the development of Lot 3 cannot be addressed without recognizing its cumulative effect on the existing situation. Several assumptions can be made: (1) merchants operating in Aspen who need quick access to their stored goods will opt for one of these spaces rather than one at the ABC; (2) the long-term renter most likely will choose the ABC unless there is not a significant price difference, in which case he/she would probably choose the first space available; (3) a tenant of a storage unit space will use a private vehicle to come and go from this project; (4) a trip to this location will be multi -purpose. Based on these assumptions, we can conclude that the project may not be as low impact in terms of traffic generation as is typically the case for a storage warehouse project. However, since a grocery store, post office, drug store, bank branch, liquor store, etc. already generate considerable daily trips, the lessees of a storage unit may combine one more stop in an already planned trip to this activity center. This area is densely developed and more emphasis should have been placed on balance of open space, landscaping and effective circulation than is apparent from the record of the Trueman Center approvals. Shapery Downtown Storage - SPA Plan Page Four April 25,1983 Site Specific Considerations The storage warehouse proposal is a relatively low -impact use in the S/C/I zone. Compared to a car wash, a lumberyard, or a vehicle sales facility, all of which are permitted uses, warehousing and storage (also a permitted use) is much "quieter". Employee generation is minimal and the housing need is being met. The manager's office and housing unit are being housed in the historic Koch Lumber Co. building which will be located at the entrance to the project. Parking is being provided at one space in front of each unit, which is adequate, but at least three spaces should be provided at the office location. One space for the manager's car and two for customers should be provided. Easements exist on the property for utilities and access (a 15' easement on the west side of the property, which allows the City access to Jenny Adair Park ). A sewer trunk line exists on the eastern side of the project. No structures will be placed over the trunk line, it will be covered by the driveway. The site plan is well - executed, with a good circulation plan and an interesting design for this type of facility. The structures are intended to have the appearance of large barns and because of the grade of the site will not show up as full two-story structures. The structures will have the visual impact of reducing a view of Ajax from the Rio Grande Trail as it nears town and the view of the trail and green space from Puppy Smith Street will be lost. Area and Bulk Requirements The applicable area and bulk requirements of the S/C/I zone are as follows: Min. lot area Min. lot width Min. front yard Min. side yard Min. rear yard Maximum height Min. distance between buildings Percent open space External FAR Internal FAR 6, 000 No requirement 10 feet (from Puppy No requirement No requirement 32 feet No requirement 25% 1:1 No requirement Smith Street) The proposed project meets all these requirements except that the Koch Lumber Co. building is set right on the front property line. Within this SPA process, the front yard can be varied if you feel the rationale of the applicant warrants it. The applicant placed the structure in this location to maintain the line with the existing houses on Puppy Smith Street and to maximize the area available for dedication as a park. The applicant is prepared to move the building back 10 feet if required. Other Review Criteria The project is compatible with the Aspen Area General Plan, 1966, as amended in that it is located in the "Neighborhood Commercial -Limited Industrial" area. All of the Sanitation Plant, Hallam Lake and the river area are in the "Open Space" category. The project will not impact air and water quality in the vicinity of the site provided run-off is contained on -site. The closest point of the development to the river will be at least 100 feet and since the City's settling ponds are between the development site and the river, drainage impacts should not affect the river (with one possible exception of during construction). The question of overall community balance can be approached from the perspective that by meeting the need for storage nearer the Commercial Core, merchanges who use it will not be traveling on Highway 82 to the Airport Business Center. Some individuals have raised the question of the appropriateness of storage facilities in this location. It should be noted that such facilities are a permitted use in the S/C/I zone which is the underlying zone of this parcel. Shapery Downtown Storage - SPA Plan Page Five April 25 1983 Planninq Office Recommendation In summary, the above discussion reviews positive and negative aspects of several issues as outlined below: Tcciiac Land Use Compatibility Rio Grande Trail Traffic Site Plan Pro Trueman Center; Sewer Plant Relocation closer to open areas Multi -use trips Relatively low impact Con ACES Roaring Fork Greenway No guarantee of easements Excess traffic now Bulky development at trailhead Weighing all these factors, the Planning Office recommends that you recommend the approval of the Specially Planned Area plan for the Downtown Storage project with the following conditions (recognizing that additional conditions may result from discussion): I. Retention of the existing easement for storm drainage and access to Jenny Adair Park along the westerly property line. 2. Evidence of agreement from the Aspen Sanitation District and Holy Cross Electric with the plan regarding existing facilities, setback needs and potential relocations prior to final Council approval. 3. Evidence of assurance from adjacent property owners that easements are available to accommodate the trail relocation, grading and landscape needs prior to final Council approval. 4. Repositioning the location of the storage buildings and the Koch Lumber Co. structure such that a foot front yard exists on Puppy Smith Street. - 5. Grading and access requirements for the parcel be submitted to and accepted by the City Engineering Department prior to construction. 6. The Koch building (manager's office and residence) be hooked up to City Water and AMSD sanitary sewer lines. 7. 'Signage be provided on -site to notify vehicle operators of the 15 minutes idling ordinance. 8. All run-off from paved areas and roof drainage be contained on the site. 9. Provision of three parking spaces at the Koch Lumber Co. building site. 10. Fencing be provided of natural materials which is high enough to obscure the view of first level storage activity. 11. Lighting be low-key and have limited hours of use in consideration of the wildlife sanctuary. �— U VN v O r 40 i-l��.CC'dt-� o-�qJ �A�I ✓t-� c.� �,VUZvtC a.4j o C-a t4z) L, Z o `� I Q 1�QX�7 �. PP ru �`r c �j > Qc ►✓i �n� Q r GIDEON I. KAUFMAN DAVID G. EISENSTEIN LAW OFFICES OF GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION BOX 10001 611 WEST MAIN STREET ASPEN. COLORADO 81611 October 19, 1982 Heiko Kuhn Aspen Sanitation Department, 565 North Mill Street Aspen, Colorado 81611 Re: Sandor W. Shapery Dear Heiko, TELEPHONE AREA CODE 303 •:- 925.8166 I write this letter to put in writing the agreement that my client Mr. Shapery has reached with the Aspen Sanitation District. Per our conversation, it is my understanding that the Aspen Sanitation District will allow Mr. Shapery to put the trail on the Sanitation District's land, in the rear of your property, as shown on the enclosed Plat and as discussed with Jim Reser. When the trail is realigned per the Plat, Mr. Shapery will plant a number of Aspen trees between the trail and present employee housing of the Aspen Sanitation District. In addition, Mr. Shapery will help defray the cost of moving the two underground sprinklers that are presently located on Mr. Shapery's property. We appreciate your help in this matter and have enjoyed working with you. I hope that you will convey our thanks to the Board. Heiko Kuhn 1982 October 19, page Two _ �to this or changes lease sign any questions Otherwise, P If you have Please let me know. letter below and return to me' understanding, this ours Very truly yours', I, KAUFMA N, LAW OFFICES OF GIDEON fessional Corporation a pro Ci By Ka-u man Gideon GK kw enclosure tation District Aspen Sani y Kuhn Heiko HOLY CROSS ELECTRIC ASSOC TION, INC. 3799 HIGHWAY 82 P. O. DRAWER 250 GLF.NWOOD SPRINGS, COLORADO 81602 March 30, 1983 Thomas Wells & Associates Mr. Tom Wells 330 E. Main Aspen, Colorado 81611 RE: Lot 3, Trueman Subdivision Dear Tom: We have reviewed the proposed site plan for the above referenced property and are requesting that additional easements be provided as indicated on the site plan. The existing transformer located to the east of the property is capable of providing electric service to the building. If you have any further questions, please feel free to contact me. Sincerely, HOLY CROSS EELLECTRIC ASSOCIATION, INC. Ken Roberts, Engineering Department KR:1sz cc:File:Area90-58 AREA CODE 303 945-5491 GIDEON I. KAUFMAN DAVID G. EISENSTEIN LAW OFFICES OF GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION BOX 10001 611 WEST MAIN STREET ASPEN. COLORADO 81611 February 10, 1983 Aspen Planning and Zoning Commission 130 South Galena Street Aspen, Colorado 81611 TELEPHONE AREA CODE 303 925-8166 Re: Sandor W. Shapery/Lot 3, Trueman Neighborhood Commercial Project -- Adoption of Precise SPA Plan Dear P & Z Members, Please consider this letter an application for the adoption of a precise SPA plan for Lot 3 of the Trueman Neighborhood Commercial Project as depicted on the enclosed SPA Submission Map. This application is made pursuant to Sections 24-7.1, 24-7.2 and 24-12.5 of the Zoning Code of the City of Aspen. We are submitting this application on behalf of our client, Sandor W. Shapery, the owner of Lot 3, Trueman Neighborhood Commercial Project. Mr. Shapery's address is La Jolla Cove Plaza, 8008 Girard Avenue, Suite 410, La Jolla, CA 92037, In accordance with the requirements of the SCI zone, we propose the following requirements for Lot 3. Lot Area Minimum Lot Width Minimum Frontyard Minimum Sideyard Minimum Rearyard Maximum Building Height Minimum Distance Between Buildings Permitted Uses 1.147 acres 100 feet 10 feet (from Puppy Smith Street) No Requirement No Requirement 32 feet No Requirement Same as SCI P & Z Members February 10, 1983 Page Two Proposed Structures Off-street Parking External Floor Area Ratio Internal Floor Area Ratio Construction Schedule Self -storage warehouses and Office Building with Employee Apartment as depicted on SPA Submission Plan As per § 24-4.5, Aspen Zoning Code 1 : 1 No Requirement 7,000 square feet to be built each year beginning spring of 1983, unless greater allotment is awarded in any one year These requirements are all either identical to or stricter than the requirements set forth in the zoning code for the SCI zone. The location and characteristics of streets, other rights -of -way and utilities shall be as depicted on the SPA Submission Plan and/or on other maps and plans submitted in conjunction with the GMP Submission for Lot 3, Trueman Neighborhood Commercial Project. The dimensions and grading of parcels of the lot and the dimensions and siting of the structures shall be as depicted on the SPA Submission Plan and/or maps and plans submitted in conjunction with the GMP Submission for Lot 3, Trueman Neighborhood Commercial Project. Even though one of the purposes of the SPA is to allow flexibility for a developer to seek greater density and vary the underlying area and bulk requirements and uses, we have designed this SPA Precise Plan and the project to conform to all the requirements of the SCI zone. Enclosed please find a list of the names and addresses of all owners of real property within three hundred feet (300') of Lot 3, Trueman Neighborhood Commercial Project and our check to cover processing fees and an estimated publication cost. { P & Z Members February 10, 1983 Page Three I look forward to discussing these matters with you at the soonest available meeting. If you need anything further, please let me know. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, a Professional Corporation By - Gideon fman GK kw enclosure cc: Sandor W. Shapery Owner's Signature: ("VS a /A andor W. Sha r a G k Aspen Center for Environmental Studies R February 23, 1983 Mayor of Aspen Aspen City Council City Hall SYG11 Aspen, Colorado Dear Mayor Edol and council Members Michael, Co.l].ins, Parry, �� D niiCCl1:. Aspen Center for Ass to and the Asp- objections The pitkin County Parks to the Rio Environmental Studies have aedoposed at theientry r ob)�flc-, Tr P to the min our project Grande trail. Our objections are broad -based, site spe. They are enumerated as follows: and procedural.. 1 • Aspen Are.-� Planning Obiectives Business CentF`r, ears ago the Aspen Airport Over ten y was to locate tY,.ose service - was developed. Its purpose which necessitate�� commercial projects outside the city storage facilities and generated minimal traffic large Thissquare feet mini -warehouse facility flow. This 24,000 is exactly this type of use and should be locate outside the city• 2. The Trueman Special_y_ Plann..��J Area final The mini -warehouse site livisionIII appro ed bylgthe four lot Trueman SPA S ).ba in 1976 • Tlhi., 1_,roposal should be reviewed in city the re representations of 1 t,ion c, hi.,torica P .�. relation t0 the r•t^+- developer, the current S ,�- and the appropriateness of this use 1 Gi: that site. ents ng Lo the A review of the do'the developer1representedrLot�;ill S.P.A. plan sl,c.w Commission to the City co nci.l. and to the Planning tus S . P.A. for ,recreationa.L development". The honceptual Yaw, plan submitted by the project planner, shows paddleball_ courts and a small recreational 7, 1976) building on Lot Ili. Planning office memos i recommend preliminary plat approval with I,ot III as Due to expected heavy ::raf f i c_ recreational use. Due Lot 1.11 was also generation from the Truemar. project, serlousiy considerednd Sls a t31�1nglareas ttO�<►VOla the -, to Red Moiar:t�iin a Mill Street bridge corgestion• This route was later � d from ,_-uns.ider��t;ian • The only other use considered dropped space, was for parking for or Lt III, ba`,ides open sp believed fo for Lyees oft,, yrueman Center. It was widely a mu that the Lot. w ..: ,,nl��.zi ldatle due to 56itude of P.O. Box 8777 • Aspen, Colorado 81612 0 (303) 925 57 -2- easements. The Park Dedication fee required of the Trueman Development (originally for $90,000 and still unpaid) was calculated in a memo by the City Manager, Mick Mahoney. The memo clearly shows that no commercial value was attributed to Lot III for park dedication fee purposes. An amended S.P.A. plan was never filed for the Post Office building on Lot II of the Trueman S.P.A. We assume this is because it is a federal project which claims exemption from local zoning laws. If this were the case, the original developer should have filed the amendment since city S.P.A. regulations require a "precise plane for a S.P.A. area. While it is clear that Lot II was to contain the Post Office facility, it is also certain that auto and pedestrian circulation through the Post Office site is a mess. In 1982 nearly $30,000 was spent by the city, county, PCPA and others to attempt improvement of this mess by construction of a sidewalk between the Post Office, grocery and west Aspen area. The original developer refused to contribute to this project. The recorded Trueman S.P.A. plan shows potential Lot III uses not as SCI uses but as uses set only by the S.P.A. plan. This is an important technical distinc- tion and should influence your consideration of the application. There is no public zoning action that only SCI uses are appropriate for this site. Certain landscaping features shown on Lot I of the Trueman S.P.A., specifically 30 aspen trees, have never been installed. Landscaping is also not completed on the Post Office site. A sidewalk improvement district was discussed with the developer but never pursued by the city. Certainly more sidewalks are needed through this area. We do not know if any other engineering issues remain outstanding. In summary, we feel that the original approval of the Trueman S.P.A. project contemplated only limited recreational development of Lot III, and certain issues are still unresolved. In our opinion the developer of the Trueman S.P.A. has already received credit for minimal recreational use of Lot III by approval of a commercial center on Lot I and a Post Office on Lot II. To apply for commercial development of Lot III would be "double dipping" his allowable densities for the whole S.P.A. Additional commercial uses in this area can not be justified and were never contemplated in the original S.P.A. planning. -3- 3. The Mini -warehouse Plan for Lot III This 24,000 square foot facility massively impacts an environmentally sensitive river front area and trail head park. It constricts the Rio Grande trail with a sewer plant on your right and a 40' warehouse on your left. This is simply atrocious land use planning. The project itself covers virtually the entire surface area of Lot III. Roads are on each side of the warehouse together with a turn around near the river. Much of the landscaping would occur off of Lot III. The project proposes relocating two sections of the existing trail onto property owned by the Aspen Sanitation District. We expect the owners of the trail easement, Pitkin County, will oppose the relocation of the trail through the sewer plant property. Night lighting may be added to the warehouse for security reasons. This would be very destructive to wildlife at the Hallam Lake sanctuary and along the river corridor. Due to the nearness of this warehouse space to the Aspen retailing areas we feel traffic impacts will be greater than that for normal warehouse buildings. The tendency will be for use of the warehouse as extended retail space, i.e., "Come see what we have in our nearby warehouse" or, "We'll get the other model for you right away. It's only at a nearby ware- house." This warehouse will have a locati.onal advantage over similar facilities presently at the Airport Business Center which the city and county deliberately located outside the city. It is ironic that these issues are relevant to the S.P.A. plan, not the G.M.P. application which preceded. Thus the applicant was able to obtain a G.M.P. allotment for this site. We urge the City Council to enforce the conditions of the original Trueman S.P.A. plan and deny this ill-conceived, destructive project. Sincerely, Hal Clark President, Aspen Center for Environmental Studies Vice President, PCPA Former Assistant City -County Planner cc: Aspen P & Z Commission Pitkin County Commissioners Aspen Times ASPEN06PITKIN ENVIRONMENTAL HEALTH DEPARTMENT TO: FROM: DATE: MEMORANDUM APR 151983 ASPEN / Pi i KiN CO. Colette Penne, Planning Office Thomas S. Dunlop, Director'77D Environmental Health Department April 14, 1983 RE: Aspen Downtown Storage -------------------------------------------------------------- The following comments are offered concerning the above referenced submittal. Air Pollution: The only impact that can be seen at this time would be increased vehicular emissions as a result of site specific traffic volumes. These traffic flows are not present at the site at this time due to it's unused state. This will probably not cause undue hardships on the neighborhood since the vehicles will not be constant given the proposed use of the property. Site Drainage: It will be the request of this office that all run-off from paved areas and roof drainage be contained on the site. This can be accomplished by using on -site dry wells or non -discharging holding ponds. The use of the existing storm sewer holding pond located in Jenny Adair Park to contain this project's run-off is not recommended. This is due to the inadequate treatment given to street run-off currently entering the pond from the West end of Aspen. Any increase in hydraulic loading to this pond will simply exacerbate the situation of inadequate water treatment prior to discharge into the Roaring Fork River. Noise: Increased vehicular traffic in the area mentioned in this submittal will be the only significant noise generating element. It is felt at this time that no violations of the Aspen Noise Abatement Ordinance will be realized. However, there is a 15 minute idling ordinance in the Municipal Code which will regulate vehicles using the facility. Perhaps signs at the entrance to the storage area will be beneficial to notify vehicle operators to turn off their engines when loading or unloading. 130 South Galena Street Aspen, Colorado 81611 303/925-2020 Page Two April 14, 1983 Aspen Downtown Storage In summary, this application was to this office. Therefore, the a storage only structure. That occupancy of the structure and n personnel will he allowed. TSD/co very incomplete when submitted above comments assume this is is to say there will be no o businesses requiring on -site A G E N D A ASPEN PLANNING AND ZONING COMMISSION Tuesday, April 5, 1983 5:00 p.m. City Council Chambers City Hall Regular Meeting I. COMMISSIONER'S COMMENTS II. MINUTES III. PUBLIC HEARING A. Change in Use (to be tabled) B. Shapery-SPA Plan Adoption _> C. Rubey Park SPA IV. RESOLUTION A. Satellite Dish Regulations V. ADJOURN MEETING r-Q11 i, i J d L q 44 t }vl rj l jl'Vj� 4P r I K Certificate of Occupancy for the improvements constructed on Lot 1, TNCP, the parties hereby agree 'as follows: 1. DRAINAGE I?,ipnOVI:r•iI,NTS - LOT 2. The parties hereto recognize that it is their intention that all drainage improve- ments.required under the Subdivision Agreement on Lot 2, TNCP, &Mill be constr6�7-d by the United States Post Office, the purchaser from Trueman of this real property. If the United States Post Office refuses to construct -the drainage pond as shown*.*on the drainage plan heretofore approved by the City, Trueman agrees that he will construct said drainage pond within . ninety (90) days of the receipt of the written request of the City to'proceed. :•� DRAINAGE IMPROVEMENTS - LOT 3. Trueman agrees to construct all drainage improvements required under the Subdivision It is agreed that the aforementioned Agreement on Lot 3, TNCP. agreement requires.the construction of a simple grass -lined Swale in accordance with specifications and plans which are to be drafted by Trueman and approved by the City to allow construction within the easement designated on the Final Plat of the TNCP which plat is of record in the office of the Clerk and Recorder in and for the County of Pitkin. 0 The parties hereto further recognize that it is their intention that the City shall be granted a right of access through Lot 3, TNCP. Toward this end Trueman shall grant to the City an irrevocable license of access through all of Lot 3, TNCP, which license shall become null and void upon the construction of future improvements on the property together with the grant to City of a specific access easement through Lot 3, TNCP. 3. PUPPY SMITH STREET - ABOVE GROUiTD LIGHTING. Trueman agrees to bear fifty percent (50,) of the cost of the above ground lighting improvements. It is estimated that Trueman's cost for these above ground lighting improvements will be approximately One Thousand Three hundred Fifty Dollars ($1,350.00). —2— wv.-'�....,.�,��r�..!r�.�..N�.•1R7'.''^7g1r•`.�^'..�.^...."'r• .+.• "r.�.n"rt�7!'R�!!YR,"' __ ^'_�.�'!F+n^�.�+ ... w. ...'.'v'.`rrswr r• MEMORANDUM o/f 0/76 c. TO: Aspen Planning Commission FROM: Planning Staff (HC) RE:-i Trueman Property Subdivision Preliminary Plat DATE: June 7, 1976 This is a request for Preliminary Plat approval for the Trueman Property Subdivision. The area of the project is divided as follows: Lot I 2.74 acres Lot I1 2.39 acres lot III 1.24 acres Lot IV .49 acres ROW 1.36 acres 8.22 acres Building Footprints 1.26 acres Parking 2.37 acres Recreation 1.24 acres Open Space 1.99 acres ROW 1.36 acres 8.22 acres The plan for Lot I as approved'by the City Council called for the following: 1. Food Store 15,000 square feet 2. Service Related Retail - Basement 10,000 square feet 3. Neighborhood Commercial 10,000 square feet 4. Employee Housing 10,000 square feet S. Basement Storage 2,000 square feet 47,000 square feet total The plan as submitted has eliminated the 2,000 square foot basement storage and increased the first floor building size by 2,000 square feet for an enclosed loading area.. .We have scheduled the applicant for City Council agenda on June 14, 1976 to discuss this change and to report on progress with the application. Also, we have included the minutes of the Council action for your review. The comments of the Planning Office on the Preliminary Plat are as follows: 1. Title - the title to the property is not clear. A dispute exists with Mrs. Paepcke, and Carol Craig. Clear title must be obtained by Trueman before recordation of the Final Plat. -- 2. Pedestrian Access - A.- Major trail is located in disputed area. Needs be surveyed around existing cottonwood trees. B. Trail access to Bennett site either by Mill Street sidewalk or along west of grocery building. fb r MEMO Trueman Property Preliminary Plat June 7, 1976 Page Two 3. Housing - a schedule for building employee housing units must be develcped by applicant and approved by P & Z and Council. Otherwise no guarantees exist for construction of the units. Present plan calls for 13 units on second floor, but construction not part of first phase of project. Parking spaces need be allocated on the Trueman site for these residential units. 4. Parking (0 - A. We are in agreement with the number of 123 spaces for the commercial complex provided housing spaces are reserved. B. Parking for Lot II, the Post Office, is not shown. We feel the Post Office will argue for an excessive amount of parking space. Such space will supplement that available for the commercial space. C. The design for the parking lot is massive and should be "broken up" by additional landscaping buffers. S. lot II - Post Office site is left in undeveloped state precipitating the following concerns: A. Parking spaces? B. Auto circulation through site? An easement is needed from Lot II to serve commercial access road or the lot lines between Lot I and Lot II should be described by the access road. C. Lot II approval should be conditioned on meeting the design standards of the City of Aspen Sub- division Regulations (Section 20.16-17). 6. fire Protection - per Dick Miller, Aspen Fire Chief: A. Two fire hydrants will be required. B. Emergency fire truck access is needed to the rear of the commercial building either by easement through Sennett's property or by shifting the building to the north. C.. The mall needs redesign to accomodate fire truck access. 7. loading Area - for grocery needs to accomodate pull off zone for taxi's, limousine. 8. Transportation A. A bus stop is located on Mill Street .An provides access to the site. B. Auto access is via one road cut on Mill Street. C. No auto access is provided to serve the contiguous Bennett properties forcing an additional road cut to serve the Bennett site. r MEMO Trueman Property Preliminary Plat June 7, 1976 Page Two 3. Housing - a schedule for building employee housing units must be develcped by applicant and approved by P & Z and Council. Otherwise no guarantees exist for construction of the units. Present plan calls for 13 units on second floor, but construction not part of first phase of project. Parking spaces need be allocated on the Trueman site for these residential units. 4. Parking (0 - A. We are in agreement with the number of 123 spaces for the commercial complex provided housing spaces are reserved. B. Parking for Lot II, the Post Office, is not shown. We feel the Post Office will argue for an excessive amount of parking space. Such space will supplement that available for the commercial space. C. The design for the parking lot is massive and should be "broken up" by additional landscaping buffers. S. lot II - Post Office site is left in undeveloped state precipitating the following concerns: A. Parking spaces? B. Auto circulation through site? An easement is needed from Lot II to serve commercial access road or the lot lines between Lot I and Lot II should be described by the access road. C. Lot II approval should be conditioned on meeting the design standards of the City of Aspen Sub- division Regulations (Section 20.16-17). 6. fire Protection - per Dick Miller, Aspen Fire Chief: A. Two fire hydrants will be required. B. Emergency fire truck access is needed to the rear of the commercial building either by easement through Sennett's property or by shifting the building to the north. C.. The mall needs redesign to accomodate fire truck access. 7. loading Area - for grocery needs to accomodate pull off zone for taxi's, limousine. 8. Transportation A. A bus stop is located on Mill Street .An provides access to the site. B. Auto access is via one road cut on Mill Street. C. No auto access is provided to serve the contiguous Bennett properties forcing an additional road cut to serve the Bennett site. . MEMO Trueman Property Preliminary Plat -- June 7, 1976 Page Three , ' . ^. ^� � D. .bor���iim- the contiguous ownership to the north ' would be serviced by the Trueman access road' Property between the road right-of-way and property line should ' be deeded to the City to control north side access thus providing a mechanism for repayment (through the City) of road costs to the developer (Trueman)' ' '~9. Kill Street Improvements - AL The City must schedule and budget improvements to Main ' Street to accomndate increased use generated by Trueman development. B. �o Mill Street may necessitate a new access point for Capp's Auto through the Rio Grande site. Or the City may wish -to purchase Capp's as an alternative - ' to providing Rio Grande access. C. Since the improvements to Mill Street by the City will ' We precipitated by the Trueman development, the developer ' should pay a share of the improvement costs' ' The previous 5chnttland development was committed to ' pay SU% of the costs of improvements on Mill Street ' which fronted the development. Such improvements would , include, cutting, filling, grading, regrading, paving, sidewalks, curbs and gutters. It would be appropriate ' to pay such sums to the City upon commencement of such , Improvements. We feel this is an appropriate requirement for the Trueman development. 10. Public Use Dedication - we recommend a cash dedication of 6% of the market value of the land to the City. ' 11. Engineering Comments - As of this writing, specific comments of the City Engineer have not been received' Numerous meetings have occurred among the planning staff, Trueman . representatives and the EnnineerinO Oeoartmenc' Should ' Preliminary Plat be granted by P & Z, such approval should be conditioned on the design standards Section 20-16-17 of the _ City of Aspen Subdivision Regulations' ' In summary, the Planning Office recommends approval of the Preliminary ~ Plat based upon the above broadly described conditions and upon aporoval by the City Council of the revised configuration of the grocery store / which now contains a 15,600 square foot food store and a 1,500 square foot enclosed loading area. Essentially, the 2,000 square foot basement storage has been transferred to the first fluor for loading and checkout ' services. We feel the City Council should be consulted as to this alteration in their Conceptual Subdivision approval' ` ` ' . . | , . .^W. w I RECORD OF PROCEEDINGS 100 Leaves 1. S.S L. CO. Regular'Meeting Aspen Planning and Zoning Commission June 15, 1976 Meeting was called to order by Chairman Chic Collins at 5:10 p.m. with members Danny Abbott, Roger Hunt, John Schuhmacher, and Allison Dowing present. Also present was City Attorney Sandra Stuller and Hal Clark of the Planning Department. Motion Hunt made a motion to close the continued meeting from June 1, 1976; seconded by Abbott. All in favor, motion carried. Collins opened the regular meeting for June 15, 1976. minutes of coincide with the Approval of Minutes Hunt moved to table the/%say 18, 1976 to/ current set of minutes; seconded by Abbott. All in favor, motion carried. Trueman Subdivision Clark mentioned Council was going to have a joint study Preliminary Plat session with the Planning and Zoning at 6:00 p.m. on the Trueman Subdivision and asked that any discussion be held at that time. Motion Hunt moved to table any discussion on the Trueman propert until later in the hour at which time there will be a joint study session with the Council; seconded by Schuhmacher. All in favor, motion carried. Public Hearing Clark asked the Commission to table this item since the Rezoning Notice notice was not published in the paper. Procedures Motion Hunt moved to table the public hearing on the rezoning notice procedure; and to reset the public hearing to July 6, 1976. The motion was seconded by Abbott. All in favor • of the motion, the motion was carried. Conditional Use Clark explained this is a conditional use public hearing Apartments in Durant to consider the apartment change of use in the Durant Mall Mall from office space to apartment space. The apartments! consist of two 1-bedroom units at 875 and 900 square feet. -Also a two bedroom unit of 1250 square feet. These apartments will affect only the internal space of the Durant Mall. The recommendation from the planning office is for approval conditioned upon a leasing requirement of a minimal of six months duration for the use of the units. Leonard Oates was present on behalf of Block 106 Associate and developers of the Durant Mall. Oates pointed out that with the approval of the requested apartments, that will make a total of 11 apartments within the project and t is requesting that two of the apartments be released from the requirement that there be a minimum of a six month term and the remainder have that requirement for the six months. Collins opened the public hearing on the conditional use of the Durant Mall apartments. There was no discussion from the public. Collins closed the public hearing. ! Collins read into the record a letter from Marcia Rothblum, Aspen Square, Aspen, CO 31611. The letter disapproved of any use in the location of the Durant Mall which would involve the influx of one other automobile. Oates mentioned there is provided parking spaces for the P P g P above requested apartment units. -1- Planning and Zoning Commission June 15, 1976 Hunt questioned the short term eases being requested on two of the apartments. Hunt asked the reason for the request; and how will the units be managed and asked where the manager will be located. John Ginn, owner of the Durant Mall, was present and explained to Hunt that the apartments will be managed through Interwest Realty on the site. Ginn also explained the reason for the request is economic. Oates continued explaining that two of the units will be 1200 square feet which will make them too large to be economically feasible for employee housing. Collins felt the six month minimum lease was established under Ordinance #19, Series of 1974; and felt maybe some arrangement could be worked out between the parties involved for short term rent; however, the commission cannot waive the 6 month lease requirement. Abbott moved to approve the apartments as conditional use subject to the planning office's recommendation that there be a 6 month lease requirement; seconded by Bunt. All in favor, motion carried. Conditional Use Clark explained that the City Council did not act on Museum in R-6 Zone second reading to approve the zoning change allowing museums as a conditional use in the R-6 zone. Therefore, this has to be tabled until Council acts on the zoning change. Motion Hunt moved to continue the public hearing concerning the conditional use of museums in the R-6 zone to the June 29, 1976 meeting; seconded by Abbott. In favor was Abbott, Hunt, Schuhmacher, and Collins. Motion carried. Old Business Abbott asked to have Brian Goodheim, Housing Authority, scheduled on the June 29, 1976, agenda. It was also requested to have the secretary prepare the zoning code, PUD, and subdivision regulations for the P&Z members. New Business Clark explained that this is a conditional use hearing for Use Determination Wunderkind Store located in the Durant Mall. The store Wunderkind Specialty will be a childrens ski shop and offer recreational Clothing. equipment retail facility. The planning department's recommendation is it would be an appropriate use in the CC and C-1 zone. It is not appropriate in the Neighbor- hood commercial zone and recommend denial of the request. Mr. Oates was also present on behalf of Wunderkind Specialt Clothing shop. The proposal is for a children's ski shop and outdoor activity shop. Oates feels a ski shop type of activity is a legitimate and appropriate use within a neighborhood commercial district inasmuch as the orientation of the community is towards this type of activity. The proposed activity is necessary and will service the recreation needs which are required in this town of the children of the community. Under the proposal Mr. Plantec, owner of Wunderkind, will have the following activities in his business: there will be a program where back trades and equipment will be handled, also a service will be provided that will work closely with the schools in that a rental programs providing equipment and items to children who might not otherwise have an opportunity to ski because of economics of the matter. They will service people at competitive prices and not high prices. At present there is nothing available outside the commercial core and Oates feels the commercial core is not appropriate for this use. Collins mentioned there was a study session on the Neighborhood commercial concept. The questions is are -2- FOAM to C. F. MOECNEL e. !. S L. CO. Regular Meetinc RECORD OF PROCEEDINGS Aspen Planninq and Zoninq Commission 100 Leaves June 15 1976 these uses appropriate for neighborhood commercial zone. 1 There is Commercial -one areas that are zoned for this particular use. Collins would like to see the uses designated for the neighborhood commercial zone be kept 1 in line with the 14/C concept as it was originally establisj by the P&Z corunission. This use is not compatible for ' the N/C and should not be approved. Mr. Plantec mentioned he had looked at other places in the City and feels the Durant Mall appears, both from i the community and their own personal standpoint to be the most effective location. Also the fact that the t Durant Mall is adjacent from Little Nell. Mr. Plantec explained that children will be able to rent 80 cm skis of which there is a need. Hunt agreed that a ski repair and wasting shop as an N/C us in that vicinity; but couldn't agree with a retail sports shop of this type. Hunt feels the integrity of the zoning should be maintained and feels this shop belongs in the C-1 zone. I. Hunt made a motion to have the request for a use determing tion requested for the Wunderkind Specialty Clothing be denied on the basis it is not designed and intended to serve the value of frequent trade or service use of the immediate surrounding neighborhood; and is in fact more appropriate in the CC or C-1 zoning in the Aspen core area. The motion was seconded by Schuhmacher. All in favor were Hunt, Abbott, Schuhmacher, and Collins. The motion was carried. Downing arrived at 6:15 p.m. Trueman Subdivision This was a joint study session between the City Council Preliminary Plat and the P&Z members. Members present from the Council were Councilman Ttiishart, Councilman Behrendt, Councilwom Johnston, and Mayor Standley. Clark began by reading the comments from the planning office on the Trueman Preliminary Plat from the memo dated June 7, 1976. The comments dealt with the following Title, Pedestrian Access, housing, Parking, Lot II -Post Office site is left in undeveloped state precipitating the following concerns, Fire Protection, Loading Area - f for grocery needs to accommodate pull off zone for taxi, limousine, Transportation, Mill Street Improvements, Public Use Dedication - recommended is a cash dedication of 60 of the market value of the land to the City, and the Engineering Comments. In summary, the Planning i Office recommends approval of the Preliminary Plat based upon the above broadly described conditions and upon approval by the City Council of the revised configuration.; of the grocery store which now contains a 15,500 square foot food store and a 1,500 square foot enclosed loading i area. Essentially, the 2,000 square foot basement storage has been transferred to the.first floor for loading and checkout services. The planning department feels the City council should be consulted as to the alteration of the grocery store in their conceputal subdivision approval. j The Council and P&Z members went through the presented plans with the Trueman developers and the planning C department. -3- z'1011111,Vj an(A Goning U0111MIsslon June 15, 1976 Kai explained that Council is L-resent to give their comments on the size of the food store. City Council approved in conceptual terms, a 15,000 sq.ft. food store on one grade and in general, 2,000 sq.ft. in the basement for storage. The 2,000 sq.ft. was understood by the Council and Kane to be miscellaneous storage and not specifically relegated to grocery storage. The architects have worked with Associated Grocers and have come back with a plan for approximately a 17,000 sq.ft. food store. The architects are arguing that they need more space for an enclosed unloading ramp and more space will be added for checkout counters. Kane asked for an interpre- tation on the part of the Council as to what was meant by the 15,000 sq.ft. approval and to give direction to the architects as to how to proceed. Yaw explained they are present for preliminary approval from P&Z. Yaw asked for Council's opinions and comments so when they do come in for final approval there isn't any time lapse. Yaw began explaining the food store. It will be an independent food store. At the conceptual meetings, the architects didn't know about the specifics of grocery store operations. Therefore, they went to Denver to learn about grocery store layouts. A grocery store has three distinct functional areas; 1) grocery sales area; 2) loading and operations; 3) and check-out sales area. The plan presently shows the 15,000 sq.ft. on the main level and 2,000 sq.ft. down below. Yaw explained what the truck does after it has unloaded the goods being brought to the grocery store. Yaw doesn't want to see the area that the truck comes into being left open. He would like to enclose that area. Yaw feels from the conceptual level of approval, the 2,000 sq.ft. was in the context of the grocery store for basement storage. The planners at Associated Grocers told Yaw that a grocery store has to operate at one level. Therefore, Yaw would like to put a 2,000 sq.ft. enclosed secured loading area and would slope down to meet the berm and to cover the area where the truck is. From the architectua standpoint, the enclosed area would improve the massing of the building, and will improve two views those being from the Hotel Jerome area and vehicular traffic down Mill Street. It will not increase the net grocery sales area. The question is if the council would like to see the area enclosed or would like to see it surrounded with a chain linked fence. f Councilman Wishart suggested to Yaw to take the 2,000 sq.ft� out of the sales area. i Councilwoman Johnston felt the 2,000 sq.ft. was never intended for grocery storage. There is nothing in the minutes that says 2,000 sq.ft. will be for grocery storage. The 2,000 sq.ft. was for other storage only. I Coucilman Behrendt remembers when the developers requested for storage for the other stores. Councilman Behrendt also never thought a grocery store could be operated on two levels; therefore, the storage was for the other stores in the complex. Mayor Standley felt the 2,000 sq.ft. was non-specific and non-exclusive. It was to be used any way they wanted to use it. Other Councilmembers intent was the storage would be exclusive of the food storage, other Councilmember didn't care, and others encouraged the space to be for food storage. The Councilmembers present feel that if the grocery store is on one level it should be only j 15,000 sq.ft. and no more. If the storage is enclosed it has to be included in the 15,000 sq.ft. and cannot be a 2,000 sq.ft. trade off for the non specific storage on the underground level. That is the issue. RECORD OF PROCEEDINGS FORM M C. F. MOECKEL e. e. a L. CO. 100 Leaves Regular Meeting Aspen Planning and Zoning Commission June 15, 1976 Motion Yaw mentioned he would like to enclose the area becuase it is an aesthetic side of the building. Councilman Wishart once again suggested to take the 2,000 sq.ft. out of the 15,000 sq.ft. Yaw feels the independent grocer is not going to want to make that tradeoff and Yaw is trying to find a way to deal with the aesthetic problem. Mayor Standley suggested leaving one of the ends of the ramp open; because as soon as something can be left out over night and is secure that space would be considered as storage and then it should be included in the building mass. Councilman Wishart left at 7:00 p.m. Mayor Standley suggested to Yaw to leave the area open and leave it a potential "eye sore" and if the Council then determines that through Tom Dunlop, Environmental Health, the City cannot control the problem of papers blowing, the Council will come back and ask Yaw to enclose it. Hunt moved to recommend approval of the preliminary plat of the Trueman property shown on the 15,000 sq.ft. grocery plan; conditioned upon recommendations of the f planning office and the City Engineer. With the additional recommendation of unsecured carporting of the ramp loading area of the grocery for the purposes of better visual appearance on that side of the building. The s comments of the planning department's mem dated June 7, 1976. Also theconstruct�g�n for the1C�rOSO feet of parking space be 50% included in two years and additional 5000- completion at the end of four years. include Hunt amended his motion to khe correction of paragraph ; four of the planning department's memo dated June 7, 1976 to indicate rather than 123 spaces to be 113 spaces. The motion was seconded by Downing. All in favor of the motion. Motion carried. Hunt moved to continue the meeting to June 22, 1976; seconded by Downing. All in favor, motion carried. Abbott moved to adjourn at 7:25p.m.; seconded by Hunt. All in favor, motion carried. Li by M. :l m; ep y City Clerk OWNERSHIP AND ADJACEN I )W[d-R(l I I P RCPORT Order Reference FEE: $100.00 THE COMPANY hereby certifies that from n scorch of the company's property account (compiled from records cot (c:ined in the Pitkin County Clerk and Recorder',(, :.4-f ice) that the real property- escribed below is veste(I of r-Cord as of the date of this report in the name of: RECORD VES I 1 NG : SANDOR W. SHAPERY ADDRESS: 443 WEST "C" ST SAN DIEGO, CA 92101 DESCRIPTION OF REAL PROPERTY: LOT 3, TRUMAN NEIGHBORHOOD COMMERCIAL PROJECT within 300 feet of THE FOLLOWING DESCRIBED RL.AI. PROPRI h '; APPI.AR 10 I;I1 AD 4,=_N4= TW THE REAL PROPERTY ABOVL DLSCR I B1 1), ANl) API, V1 I L.D OF RLCORI) IN THE NAME(S) SET FORTH IMMEDIA11 LY ! !)I l OWIN(l 1.ACH DESCRIPTION: DESCRIPTION OF ADJACENT REAL_ PROPER rY RECORD VE`:T I NG : SEE ATTACHED PAGES ADDRESS : SEE ATTACHED PAGES DESCRIPTION OF ADJACENT REAL PROPERIY: RECORD VESTING: ADDRESS: SEE ATTACHED PAGES THIS REPORT IS NOT A TITLE POLICY, NOR AN OPINION OF TITLE, NOR A GUARANTY OF TITLE, NOR AN ABSTRACT OF TITLE, AND IS ISSUED WITH THE UNDERSTANDING THAT ALTHOUGH WE BELIEVE: THE INFORMATION SEi FORTH HEREIN TO BE ACCURATE, THE COMPANY ASSUMES NOR WILL IT BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ACCOUNT OF ANY INCOMPLETENESS OR ERROR IN THE INFORMATION CON- TAINED HEREIN, EXCEPT TO THE EXTENT OF THE FEE PAID HEREUNDER, SHOULD LIABILITY FOR THE INFORMATION BE DESIRED, THEN PLEASE MAKE APPLICATION FOR THE APPROPRIATE 1'ITLE: INSURANCE POLICY OR GUAR- ANTY. TRA! UNDERWR' I TTEN BY SAFECO TITLE I NSURANl:� 111LE INW AN(j 8 REAL FStA1f Cl �51Nc; TRACY TITLE. LTD. ;; 601 FAST HYMAN i . Y - {+At?p 8161 1 1) W)) 9?0.1123 -ter I *. , LOT 1, TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT TRUEMAN ASPEN COMPANY, AN OHIO LIMITED PARTNERSHIP 4355 Davidson Rd Alin, Ohio 43002 LOT 2, TRUEMAN NEIGHBORHOOD UNITED STATES POSTAL SERVICE BLOCK 4, LAKEVIEW ADDITION, ELIZABETH PAEPCKE P.O. Box 1032 Aspen, CO 81612 FRANK E. CHRISTOPHER II P.O. Box 8449 Aspen, CO 81612 BLOCK 1, LAKEVIEW ADDITION CAROL CRAIG P.O. Box 1283 Aspen, CO 81612 ELIZABETH PAEPCKE P.O. Box 1032 Aspen, CO 81612 AREA WEST of LOT 3, TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT CITY OF ASPEN P.O. Box V Aspen, CO 81612 AREA EAST OF LOT 3, TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT PITKIN COUNTY c/o COUNTY COMMISDSIONERS P.O. Box 4096 Aspen, CO 81612 AREA EAST OF LOT 3, (CONTINUED) ASPEN SANITATION P.O. Box 2810 Aspen, CO 81612 MILL ST VENTURE P.O. Box Q Aspen, CO 81612 MEMORANDUM TO- City Attorney Department Engineering PLANNER: Colette Penne Trueman Neighborhood Commercial Project RE: Adoption of an SPA Plan for Lot 3, DATE: February 23, 1983 or application submitted oTrbemanfof NeighboahoodhSPA,y Attached please find an Pp Lot 3) which seeks to adopt an SPA Plan amending parcel ro erty in question is one p Office of which the p p our comments to the Planning please review the application and return y P le s the item is scheduled for a March 22 P&Z meeting• no later than March 10, a Thank you. K CERTIFICATE OF MAILING I hereby certify that on March 1 , 19 83 a true and correct copy of the Notice of Public Hearing regarding Adoption of an SPA Plan for Lot 3, Trueman Neighborhood Commercial Project was deposited into the United States mails, postage prepaid, and addressed to the following: See attached. Martha Eichelberger PUBLIC NOTICE do tion of an SPA Plan for Lot 39 Trueman Neighborhood RE: A P Commercial Project IS HEREBY GIVEN that a public hearing will be held before NOTICE , 1983 at a and Zoning Commission on Tuesday, April 5 Hall, the Aspen Planning m. in the City Council Chambers of City Hall, amending meeting to begin at 5:00 p• in question is one . Galena Street, Aspen to consider the adoption of an SPA p 130 S property se of the SPA plan amendment is to considerthe the Trueman Nei( Thehpur se of which the p own Storage warehouse project parcel (Lot 3)• construction proposal known c the Aspen Downt a GMP allocation this year. For 925r2020�iextrm223 tion' contact which was awarded Galena Street, Aspen, the Planning Office, 130 S. s/Perry Harve Chairman Published in the Aspen Times on March 3, 1983. City of Aspen account. The Honorable Mayor and The Planning Commission The City Attorney The Director of Planning Dear Sirs, City Council of Aspen February 23,I983 I refer you to the proposed Downtown Storage facility scheduled for an SPA amendment hearing on March 22,I983 before the Planning Commission. In researching the files in the City Clerk and Engineering department files at City Hall I have discovered the following pertinent information as it relates to the use of Lot III or the "panhandle property" commonly known as the land adjacent to the Rio Grande Trail entryway. The documents supporting the Preliminary Plat approval forwarded to the Planning Commission on the Trueman Subdivision under the SPA plan stipulate that lot III (tile panhandle property) would be used for recreation purposes. The enclosed land use plan shows that this 7 22 acres was to have paddle courts and a small recreation -building as a permitted use. Also enclosed is a memo from the planning department that further reinforces this planned recreational use on the subject property now proposed for a storage warehouse use. It seems to me that the clear intent of the developer, Mr. Trueman, and the City of Aspen was to allow only a recreation use on said land. I believe that there is a clear mandate and it is wholly within the rights of the City of Aspen under the SPA provisions to preclude this amendment and disallow the proposed material alteration -of the existing SPA plan. The plan approved in the Truem.an development balanced the intensive use of a portion of t'he'property used for the supermarket and post office with a _non-commercial use of the panhandle property; lot I -II. Supporting the non-commercial intended use for the subject property is the emitter from Mr. Mahoney to the Council at that time in which the City Manager specifically states that he assigned no commercial value to lot III in arriving at the $90,000 park dedication fee. This fee was due to be paid at the time a certificate of occupancy was issued for the Trueman project but it appears it is still outstanding at this time. Lot III never was developed with paddle courts and in fact from I978 until last year was used for storage of a semi -trailer used during construction of the sho-ping center as well as drums and sewer pipes some of which is still lying on the property. An innocent third party has purchased lot III and has chosen to interpret the SCl/SPA zoning as one permitting him to develop the property with a storage warehouse. I believe this flies in the face of the facts as reconttructed from that time and that it never was the intention to allow commercial use on this property. I respectfully submit that there is nothina to justify the alteration to the original SPA plan and in fact, pragmatics dictate that we not add to the chaos and confusion of the already overintensive use of the property surrounding the supermarket and the post office. Thanking you, Most sincereley, Marc S. iedberg Box 8747 Aspen Co. 8I6I2 Encl. Land Use Plan Memo from Planning Dept. MLMORANOUtI !� TO: Aspen Planning Commission FROM: Planning Staff (HC) RE:r Trueman Property Subdivision Preliminary Plat DATE: June 7, 1976 This is a request for Preliminary Plat approval for the Trueman Property Subdivision. The area of the project is divided as follows: Lot I 2.74 acres Lot 1I 2.39 acres Lot_1II 1.24 acres LOCH .49 acres ROW 1.36 acres 8.22 acres Building Footprints 1.26 acres king 2.37 acres 1.24 acres, .Recreation Open Space 1.99 acres ROW 1.36 acres 8.22 acres The plan for Lot I as approved by the City Council called for the following: 1. Food Store 15,000 square feet 2. Service Related Retail - Basement 10,000 square feet 3. Neighborhood Commercial 10,000 square feet 4. Employee Housing 10,000 square feet 5. Basement Storage 2,000 square feet 47,000 square feet total The plan as submitted has eliminated the 2,000 square foot basement storage and increased the first floor building size by 2,000 square feet for an enclosed loading area. Ile have scheduled the applicant for City Council agenda on June 14, 1976 to discuss this change and to report on progress with the application. Also, we have included the minutes of the Council action for your review. The comments of the Planning Office on the Preliminary Plat are as follows: 1. Title - the title to the property is not clear. A dispute exists with Mrs. Paepcke, and Carol Craig. Clear title must be obtained by Trueman before recordation of the Final Plat. 2. Pedestrian Access - A. Major trail is located in disputed area. Needs be surveyed around existing cottonwood trees. B. Trail access to Bennett site either by Mill Street sidewalk or along west of grocery building. Public tr -_Pro o j� f Parking % p sed.�' row _ ,, app` 60 cars � - r _._Pedestrian/ bicycle. -circulation cli II ' • • ' shy / - ` I i :� • • Lot III ,� - rking - f _,- --. • '� 108,263 sq. ft. • 'addle - ennis Post office site, � • + ' ,Courts . •' • �- 23, 000 sq.. ft. '-�� �tv_S-� • , ,. • . Parkin 142 cars ; J Recreation - g� • ' •• building 661 s1 �:► l 4 i ASyrN 1.30 south galena vstreet aspen, colorado.° 81611 MEMORANDUM DATE: January 4, 1979 TO: Members of City Council FROM: non Stock RE: Amendment to Subdivsion Agre meat Of the Trueman Neighborhood CV W4- (a, P . Neighborhood Commercial Project has encountered The Trueman I have negotiated which were not anticipated or addressed in the Sub- problems To solve these problems, I Agreement. reement. division Ag er to amend the Subdivision Agreement. With the develop our approval of this agreement, request and recommend Y T have included agree with my position. of his memorandum Pave Ellis does not ag agrees that problems in the packet for your consideration a CO he which expresses his opinion. Bascic�llY, se roblems were caused by which are unaddressed and un1esolped in the Subdivision he exist wh he believes these Agreement. 'owever, er has failed to address t the developer or that the develop problems when found. s T ' ited extent, Dave is correct that thehdaVeefouund,that �o a limited art of the problem but I Further - to in good faith. action has created p follow the developer was willing to new fail to 1 must ore, there seems to be nOicalernati conclusion�ve in that if which we all m argument to Ln log reement wh Dave s the Subdivision Ag seem to be in the negotiate thus leaving Such action would not 1 Tequest know to be defective. For this reason, best interest of the community• your approval. Drainage Improvements - Lot 2 Per has sold lot 2 to the United States Post Ofimpe The develop freed to construct bythe athe�City,rove- and the Post Oated n plans previously p ments as indicated on p Memo to City Council January 4, 1979 Page 2 The Subdivision Agreement requires Trueman to complete this construction prior to the issuance of a Certificate of Occupancy to the building being constructed on Lot 1. The developer has requested and the amendment reflects the agreement on the part of the Post Office to construct these improvements. ;;owever, part of the drainage on Lot 1 is to be deposited in a drainage pond located on Lot 2. Since we may be unable to coordinate the construction of the drainage system I have included the provision which will require the developer to con- struct this drainage pond in the event that the Post Office would refuse. On the preliminary plan submitted by the Post Office, they have indicated to us their intention to construct these drainage improvements as required. Drainage Improvements - Lot 3 Everyone, including our engineering department, was under the mistaken belief that the road constructed on Lot 3 was located on the westerly lot line. Based on this assumption, they requested and obtained an easement parallel to the westerly lot line on which easement the City was allowed utility and access use. The developer agreed to construct a grass line swale within this easement. After a survey of the property, it was determined that the lot line was further west than believed. As such, it was impossible to construct a grass line swale for drainage and to allow vehicular access within the easement as granted. Utilities had been constructed within the easement. Therefore, considering the shape of the lot it became unreasonable to move the easement. The agreement amends the Subdivision Agreement in that the City is granted an irrevocable license of access through all of Lot 3 until there is construction of future improvements on the property together with a grant of a specific access easement through Lot 3. '7his allows the developer to construct the proposed drainage improvement with new specifications and plans to be drafted by him and approved by the City. Puppv Smith Street - Above -Ground Li�-_htin At the time of Council approval of the project, the Council conditioned its approval upon the developer agreeing to bear one-iialf of the cost of the above -ground lighting improvements on Puppy Smith Street. Kowever, this condition was not included in the Subdivision Agreement. The agreement amends the Subdivision Agreement by making this a requirement upon the developer. Memo to City Council January 4, 1979 Page 3 Utility Improvements The Subdivision Agreement requires the developer to remove two power poles owned by Holy Cross Electric Association from the property. :Holy Cross has demanded of the developer the payment by him of the cost of replacing this service to its customers. The developer would probably agree to this require- ment except that Holy Cross wants the developer to pay for the entire cost of underground service rather than above ground service. It is the City's position that the poles must be removed and that the cost of removing them is a matter of negotiation between Holy Cross and the developer. The City will not take a position in these discussions. The developer has requested and the agreement provides for a one year period in which to resolve this conflict. ;.iowever, to protect the City since Certificates of Occupancy will have been issued,*I have required that he place a performance bond in the amount demanded by Holy Cross to insure the full and faithful performance of this obligation. Puppy Smith Street Puppy Smith Street is to be paved at the expense of the developer. however, both the developer's engineer and our engineering depart- ment failed to require the placement of a culvert at the inter- section of Puppy Smith Street and Mill Street to handle the drainage resulting each spring. The developer was required in the Subdivision Agreement to construct Puppy Smith Street according to plans and specifications approved by the engineering department. These plans and specifications have been approved but they do not include the culvert. The agreement amends the Subdivision Agreement by requiring both the City and Trueman to pay for one-half of the cost of the culvert with the developer providing the cash to pay for the acquisition of the culvert and the City providing services in kind to install the culvert. Since there is some likelihood that the City will present to the voters a plan to improve Mill Street at the next general election, this agreement recognizes this possibility. In the event that the City does submit such a plan to the voters and it is approved, there will be no need for the installation of a culvert and the developer will be relieved of this responsi- bility. Memo to City Council January 4, 1979 Page 4 Because paving of Puppy Smith Street will be delayed until after the May election to avoid the expense of paving the entire street and then removing this paving to install a culvert, I have required the escrow of cash in an amount equal to Elam's bid for paving. This escrow will protect the City when it issues Certificates of Occupancy prior to the completion of this paving project. Pump House An agent of the developer agreed with the engineering depart- ment that it would replace the pump station if we would remove it for their convenience in establishing a new grade. The City acted in reliance upon this agreement and removed the existing pump house. The City has no legal right to have a pump house on Trueman's property. We leased this location from the railroad for $50 in 1962. Since that time we have not had a legal right to occupy the property. In 1968 the railroad prosecuted a quiet title action which listed the City as a defendant and an order was issued by the District Court stating that we had no right, title or interest to the property. Therefore, Trueman has a legal right for compensation for the taking of the pump station site. '!is legal right to compensation was recognized in the Subdivision Agreement but not resolved. The agreement requires the developer to deed to the City this site at no cost including an access easement for operation and maintenance as well as easements necessary for the operation of any water delivery system from the pump house. Further, the developer agrees that he will regrade the area around the pump house as necessary to accommodate construction. In return the City agrees to construct the pump house at its own expense. In all other respects, the Subdivision Agreement remains in full force and effect. I believe that the City is adequately protected in that each Certificate of Occupancy can be conditioned upon full completion of the requirements of the Subdivision Agreement as amended. No Certificate of Occupancy need be issued on Lot 2 or Lot 3 unless full compliance is met. The building office may issue Certificates of Occupancy regarding the improvements on Lot 1 until it reaches a point, perhaps somewhere near one-half occupancy,when the structure must be completed before another Certificate of Occupancy is issued. Finally, on the two items which allow for completion in the future, the City is protected by a performance bond and a cash escrow. RWS:mc M E M O R A N D U M TO: RON STOCK CITY ATTORNEY FROM: DAVE ELLIS CITY ENGINEER DATE: December 18, 1978 RE: Amendment Agreement to Trueman Subdivision Improvement Agreement The purpose of this memo is strictly to reiterate the verbal com- ments I had regarding the Amendment to the Trueman Subdivision Agreement. In the last 20 months since the approval of the sub- division and the execution of the original subdivision agreement, the engineering department has attempted to work as closely as possible with the Trueman construction personnel. We advised them in June 1977 and again in the spring of 1978 of the need for modi- fications in the drainage system. We have also dealt with them repeatedly on the matters of the street improvements. Not until the final hour, when a certificate of occupancy for the market was desired and the weather was too severe to reasonably complete the remaining subdivision improvements, did Trueman approach the City in an attempt to resolve the matter. With regard to the pump station, it is clear that Trueman does have some legal recourse for compensation for the taking of the pump sta- tion site, and hence, some negotiating leverage. However, it is also perfectly clear to me beyond the slightest doubt that the verbal understanding reached between myself and James Lakin, Trueman's job superintendent for eighteen months, was extremely clear as to each party's responsibility in reconstructing the demolished pump station. Likewise, I feel the original subdivision improvements agreement is quite clear as to responsibilities and the conditions under which a certificate of occupancy will be issued. It is for these reasons that I strenuously object to entering into any amendment which would allow occupancy of the remainder of the project prior to the completion of the subdivision improvements as envisioned in the original agreement. I have not seen any indications from Trueman in the last twenty months which leads me to believe that he will honor the amendment any more readily than he has honored the previous commitments. Quite clearly the only effective leverage which the engineering and building departments have for enforcing the agree- ment is the withholding of the certificate of occupancy. It is now Page Two Re: Amendment Agreement to Trueman Subdivison Improvement Agreement December 18, 1978 approaching three years since the approval date on a similar sub- division, the Aspen Club project, and we are still trying; to obtain compliance on a few remaining items which were not complete at the time a certificate of occupancy was issued. The engineering depart- ment nor the City has the time to spend in this fashion on another protracted subdivision project. One final note I would like to add is that Clayton has already been approached for certificates of occupancy on additional buildings in the complex, and I have had absolutely no indication that the items not covered in the amendment are even being worked on. These include, among other things, as-builts of all the utilities and granting of as -built easements for all utilities, cc: Mick Mahoney Clayton Meyring jk - �- b.�w...�..-_ a�.svu�s......a:..w_... �_— �,�c..r..o..,,� :. _,.._...�-.a_.-......._...,..,. -- �...r��=s_.�_...,w.' ':...ate...+.:....._- �1:�.. �.�;:.+..'a...� - .._�- __' '�.• ..._; w..��.� MEMORANDUM TO: City Planning Connnission and Aspen City Ccuncil FKU.,;: Planning Staff- (Bill Vine) Truerian Property - Conceptual Subdivision DATE: December 1, 1975 After careful review of the Conceptual Subdivision proposal for the Trueman property we recornrliend in general: 1. A redaction in the size of the multi-purpoee commercial building and 2. Clearer provision for a new road alignment through the site. SIZE OF CO'rMFRCIAL FACILITIES The property is currently zoned S.C.T. and 11. C. , Neighborhood Comm>I,c i al with a Specially Planned A;,ea- overlay. It' is our un(lerstandl-i ul that zoning categories were applied to establish use requln atlo:: while in genera.1 deferring to the S.P.A.'review process to determine more detailed matters such as bulk, height, density, circulation, etc. The applicants are at this time requesting conceptual appiroval for a 23,000 square foot Post *Office and an additional 75,000 square feet for co„r-lercial, office a!id residential purposes. All of the parinitted uses in the i•l.C. zone are submitted helcw alone ,,'i th the respective floor area lim.itations tic), provided for in the Code. Assuflning that tha Planning Office recolllm2ndation to reduce food store areas fro,!! 20,050 square feet to 12,000 square feet is rejecter!, it is clear from the list thz,,t tho total range of permitted uses in 'the N.C. zono would require 35,10,00 square -feet. j yr i J MLMO Truciaan Propert:y December 1, 1975 ` Page Two NEIGHBORHOOD COP-',AFRC1Ai_ PERT BITTED USES Food Stores Pharmacy Liquor Stores Dry Cleaning & l_aunry Pickup Barber & Beauty Shop Shoe Repair Post: Office Branch TOTAL FLOOR AREA REQUIRES FLOOR AHEM LILMI TAT 101 (Sec.24-3.5) SQUAk1 FELT 20,000 3,000 3,000 3,000 3,000 3,000 (Presumably not nvicessary) 35,000 Assuming an additional 10,000 square feet for anticipated "conditional uses" and G,000 square fc rr it for ten (10) civ:el l i r;n emits at 16,00 sir:_ re feet each it is hard to imagine space requ'ireirent:s beyond 51,000 square feet. This also. assumes that the pending recomi:--ndati ons for zoning changes will not be haaded. Vie reccmmcnd that �:,n examsti ve supply o-17 nei g`:hurl oo 1 commercial services could easily be provid d in u 50,000 square feet builditlg. In addi Lion v!e vmnder about the propriety of approving some 35,000 square feet of speculative space based on the assumption than conditional uses will be grasited practically at the will of the developer. Approval for s ace for uses not: ermitted i t the N.C. zone should be rr:serve pen inet appro pri a to coed i t i onT.l use her ri nu, . it 75,000 square.. foot )li : (S I ng repre s,.m s a shopping center that vJ 11 draw upon the entire Aspen market ar:,a and is thus in fundamental coni:w:.di cti ors to the intention of the Neighborhood Comme-rcial zone which is in part "to alloy: convenience establishments as part of a neighborhood, designed and planned to he com- patible with the surrounding neighborhood". Also 25,000 square feet is shown for office spice. The current zoning amend„u3nts proposed I.:y the Planning Office are predicated on the belief that ton much office space already exists with 170,000 square feet curr::ntly under'censtruc-ion. ROAD ALICNMENT The Man for Smuggler and Fred Mountains, prepared by tile. Planning Office and presen d to the Planning and Taming calls Igor a new road alit„rcn:_ thm,011 the Trueman property. While the plan hi.-s not been api roe, ct ri? that RECORD OF PROCEEDINGS 100 Loaves IMM 11 C. I.II!ClRII. 1. 1. Iteqular meeting Aspen Planning and Zoning Commission June 1, 1.976 City Attorney Stuller asked the P«Z to considol" all amendment to the code to give some enforcement technique if that is the uncle rstanding that P«2; has of the open space requirement. Collins opened the public hearing of the zoning code arnendr'tent to preclude thei .use of open space areas for commercial use. There were no comments from the public. Collins closed the public hearing. Bunt felt a vendor should be able to go through some proce- dure that would allow vending in the mall on special days. City Attorney explained that what Ilunt is suggesting is when a public right of way is being used for commercial activities that the open space should be able to be used in conjunction with that. that would mean that public determination could be made at the time of the issuance of the public streets permit and once that is administra- tively approved that would be an acceptable approach. Restaurants would be automatically accepted. INhenever activity is permitted on the public right of way, it will automatically be permitted on the abotting private pro- perty. However if it is a restaurant e:•:tension that will be left up to the Mall Commission to grant. Motion I1unt moved to approve the zoning code amendment to Section 24-3.7(d) to preclude the use of open space areas for commercial uses with one amendment. The provision should include an exception that would permit the required open space to be used for commercial purposes when used in conjunction with a permitted commercial activity on abutting public right of way. This would allow those on and off the raall to use their open space if the City has previously issued permission to use abutting public pro- perty. The City Attorney was directed to draft an amendment to that effect. Downing made a second to the motion. All in favor, motion carried. Public Hearing Clark asked the Planning and Zoning to set a public "Carriage Clouse" hearing for the carriage house for June 15. The notices would be going out before Council acts on the request. Motion Hunt moved to set a public hearing for the discussion of conditional use of the Stallard I -louse Museum in the R-6 zone for June 15, 1976; seconded by Downing. All in favor, motion carried. Trueman Property Clark explained this is the public hearing on the prelim - Preliminary Sub-/" inary plat for the Trueman Property Subdivision. New division Plat plans for the Trueman property were just submitted to the City Engineer, Dave Ellis, and Ellis has not had a chance to review the revised set of plans. The Planning Department is recommending to table the Trueman property until possibly next Tuesday for consideration after the site inspection of the property. Clark mentioned there is still a problem with the title as to the west side of the property. There is an encroachment of the fence and the map notes it is disputed land. Clark suggested the Commission go through the plans to see what the developers have in mind for the project. For the sake of the new planning and zoning members, non _3_ 1 P ning and Zoning Commissi June 1, 1976 Esign was present to bring the members up to date on the Tr.uentan development. The development is being done udder Ordinance 1,71. There have been some changes made since the conceptual presentation. Esign explained his respon- sibilities are the site planning and the organization of the review process. The review process is 1) the concep- tual presentation; 2) preliminary plan approval; 3) final plan approval; 4) recordation. The conceptual approval has been through P&Z and Council and granted. The City staff has reviewed the development and the notices have been sent out for the public meeting and are requesting preliminary approval from P&Z. The changes in the concep- ;.tual Presentations are: 1) the right-of-way on smugg er Chas been e::pan_ e rom 40 feet to �0 feet; —2 ) —an y plan approval on lot thre for a year pending the decision on the extension of Mill Street and Red Mountain; 3) lot four has been expanded from 15,000 sq.ft. to 21,000 sq.ft. 4) the open space has been increased from 1 3/4 acres to 2 acres; 5) and building changes. Yaw went over the plans with the commission members. Yaw asked to reserve premission to provide for in the future a stair and elevator for the apartments which will be a ae to t e up —per T vel in the future. Yaw also e,:plained that he had talked to the planning staff at Associated Grocers to see how a grocery store works. Associated Grocers explained that a grocery store is made up of three components. Those being: 1) a grocery sales area which takes up 60% of the space; 2) check out area which accounts for 150 of the space; 3) and an operations and back room which accounts for 250 of the space. What happens in the bac}:room is delivery, unloading, meat processing and taking vegetables out. Yaw suggested the following for the planning and zoning recommendation: One of the cardinal rules of floor planning is to have - all the space on one level. When the request for the 2,000 sq.ft. down below was made, it was made before the developers had talked to Associated Grocers and have been informed that it is not functional. Therefore, Yaw asked that P&Z recommend to bring the 2,000 sq.ft. upstairs. The 2,000 sq.ft. would be used to cover the area that the trucks come into to unload the merchandise. The merchand.is could be left in this area until it was time to be used. Presently, the space has to be used as open space. There- fore, Yaw recommended putting a chained -link fence to surround the area. The Trueman Developers asked Planning and Zoning members for the following: 1) their consideration on the future stair element; 2) the deletion of a health club; 3) and to add 2,000 sq.ft. to the second floor of the building. Hunt mentioned he had not seen a sufficient area for taxies and shuttle type vehicles. Yaw mentioned he would look into that. Collins opened the public hearing for the preliminary subdivision plat of the Trueman Property. There were no continents from the public. Collins closed the public hearing. Motion Abbott moved to table the Trueman property pursuant to the on -site i 1I_- pection of the nett regular meeting and -- - _ completion of information_ from the City Engineer; seconded by Hunt. Motion Abbott amended his motion to continue this meeting to June 8 at 5: 00 p-.m.__at which time t}icrc dill be an on - site inspection of the Trueman Property; seconded by Hunt. All in favor, motion carried. -4- 1 ,mow••,,;;,;,,... ..._...r...z:�""'"`".M � often ::o9ether ';i 5ubdivisi.nn , Conceptual Edwards had 9 St.uller PRO t geeti-119 harry 4. City Attorney `a+1 - added to lot r Or ke it ;RUF..1FAt� PR at since thel-ad been �utxlivi.•,ion, r.-'id r-lie told Counci.l that a note m,,};r a two l.ot ; t.u110,I" Porter Stoller ttc,i� e} )taUle J°e pttorneY altcrnat lac i CI t) r f..,u+ t h, C� t? ','Led r:hat. acceF q with City there were two t.ie dvn•• four, Fput o:as a develoPlnPnt rights. that tYlc al,(le- two �'s• Lp limit. the said that �i7'cl i;liLil]f- )y�,i)U�ytlU'i Uf wanted to CIO, f�,ur Sul i the 1 what o trr+at the lefto�'c`r. grace, , putt Truelpan how t F -):- t di,1 nurse to Perpetuate s to q° ever; ,;. i.,:;t three thine- i r, icrnisirg, c�ruocrY lanr3ua; there were ,::i H Council ;.> 1J.Q00 scFua' spa^e: Council had told ril ttaa vut�ci Porter ,'Ls7 �uut: uare feet of. other retail 7 second f]0or was coo much. feet; 000 s4 on the ecc^d of� 20 r 000.`nuare feet of office space �bj cvc:r i s<uare Crc�cloti.o had eu le in ". store that 15.000 1 Cr,uncilm:ir, lie a M. ,'ble to P P indicated th= r,a:;emr nt • e made There would II rediss health cluh would b to w:.ntott t° said the who wanted oirL. g:p.. Y:c True+l+z,n a.nd anyone else to include Z*+other ,,000 Por.ier club• storey W°old also like shoe shops, sumePl.ace she health of the said he air., mare foot base - off managCrs Porter L,.,cs like Tv rep 000 sq the office-5, serviC°This would be a total 10, 100 melc'b`'r�a1Pmelct for 1)e the t :� s ace. square feet in a hard retail P r department: office Se the plannLn i I between the F,lanninq cle}••artment to this at this time because seconded by meat- .roved to table should g° to c uncil: rendt these Pest to l iIc front Uf �' Councilman $eh ciis cttsW d thii is not ready be has not seen or w,)1},uJ out.; cIli2�timm and ultimate ha ,roUl. na; Ve to [ •tun• 1) orgy Cuuncilwur''n JvhI�J unr•zsolved are lane rccc)num:r+cied a two lot thinr7- that remain et the building• a 2L),p00 foot food II rest , siH which would contain u id tlic lay i anct l�) the 1q o.ition tic` 1.000 3 _. King foot 1)uildin9 disp o t •;c u:, I o subdivision an`F s 45r d_. �� .---P, r . t, . �Jtj, A3pert,_City,Council .._-. February_.9,_l976,_ F tt Err ,Ono square feet of incidental neighborhood retail uses; 10,000 officepace, and IO ndditi.onal 10,000 of housing- City Attorney St.uller said the best ap roach two lot s:uhdivision, this is the most secure position for the City. his. Ftul.ler;; ;a t" "•'". ,, s w<�approached that if. Trueman wr.:rted a four lot subdivision, what language ' "i,, I,t)t on the plat to qualify development potential. The u 40, rnr .tnndley said lie could see no reason to table this project, the Council had been ,,>Rrn9 at a building of 45,000 square foot maximum. That is not what is presented < , i• wi0` ol,p^sed to the motion. Motion NOT carried. City L)lginaer Ellis pointed out that the road alignment was i.mportarit in conceptual., It determine lot configuration and even placement of the buildings. Ellis said earlier I, tt was noted that there would not be a through street connecting Spring with Mill through tie Rio Grande property. Ellis told Council that if they accept the conceptual plan as f S show, it totally precludes doing anything on the City's side in the way of a sensible trnffic Eituation. Ellis said he felt the road was shown too far to the north. Ellis j i caid he would like to see elimination of direct access by curb cuts and service entries li I on Mill street back in the plan, compatible with any future regarding of Mill street. u Councilman r.2hrendt rmv,•ei not to approve the subdivision and to direct the anr,li.c.:nt• to toit:z c* , er.3in,-aring a:,d pla:rr.inc office; �aeondad iy Council-.c.:ac:n Pccicr,.en. Mayor Standley stated there are basic constructs that are not acceptable to Council; (1) the road alignment and problems that Dave Ellis has bnd (2) size of the building. Kane recommended a 45,900 square foot building; 20,000 in food, 10,000 in office space, 5,000 adjacent neighborhood commercial uses, 10,000 in housing with a two lot subdivisions. Porter said he had drawings of various alignments for the road. Porter also requested this be tabled until Trueman could be present to make the final request of Council. t Kane stated in planning for the Rio Grande property, the planning office asked Council for a decision on Spring street extension. Council's general policy commitment was to drop y the Spring street extension. When the Spring street extension was dropped, Porter moved his road to the north to accommodate more development. Councilman Wishart moved to table the Trueman project; seconded by Councilwcman Johnston. iI Mayor Standley said when the project comes back all things Council is be included; road alignment, number of lots in the subdivision, square the planning office and engingeerinr, departments have recormnendatioris. All in favor, motion carried. ORDINANCE f2, SERIES Or 1976 - Electric Appropriations talking about should footage, and tnat !' f! Mayor Standley opened the public hearing. There were no comr.)ents. Mayor Standley closed the public hearing. Councilwoman Pedersen moved to read Ordinance 92, Series of 1976; seconded by Councilman !` Wishart. -All in favor, motion carried. ORDIN?,NCE 02 ' (Series of 1976) AN ORDINANCE APPROPRIATING FROM ELECTRIC DEPARTMENT REVENUES FIVE THOUSANO ($5,000) DOLLARS FOR ENGINEERING CONSULTING COSTS INCIDENT TO I11PLLEENTATION' OF THE ELECTRIC UNDERGROUNDING PROGRAM; AND AN ADDITIONAL FIVE TIIOUSANL +i ($5,000) DOLLARS FOR LEGAL FEES TO PROSECUTE; TIIE PROCEEDINGS PROTESTING THE , PUBLIC service rate increase was read by city clerk ti C,ouncilwonian Pedersen moved to adopt Ordinance #2, Series of 1976, on second reading; S�ecorded by Councilman Wishart. Roll call vote; Councilmeiabers Behrendt, aye; De Grar?erio,• aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE 03, SERIES OL' 197G - L•'mF)loyee Retirement i Mayor Standley opened the public hearing. Councilwoman Johnston told Council the committee accented the retirement plan without amendment. Mayor Standley closed the Councilman De Gregorio moved to read Ordinance t3, Series of 1976; seconded by CouncLl- woman Pedersen. All in favor, motion carried. oRT)121Ancr # 3 (Serien of 1976) e\N ORDINANCE REPEALING AND Rf:ENi.CT: SG THEE%IPLOYF.£.S' RS'i'I YMENY PLAN AND 9 RUST Or THE CITY OF ASPLU; R1:11Li,CING THE PRPSENT TRUSTEE AND AUTHORIZING Am.IN STPATION n!' TITF, PLAN .7%1,11) THf,ST IIY THE Rl:'CTFI:'•II:1J'I' COI:`i1".TTr:T: AND I)l !U:CTOR Ole' PINANCE; USTA111,15HTt:(1, A FCI!I:1A)I,E BY VII'TUP OF 111TICII T"F CO:i'tPJBUTION ",,'ODE I3Y TIIE CITY 1.:1LL VL:T IN 1:?IPLOYUEII i,C'COI1.U1N13, Tr) YEARS OP S1:RVICL1 : 'O '1'lll; CITY; I7'R6IIZING I liIULI.`;:�ITU,T:; INVESTME vrS AND AU'f'1(C)T:IZItlG THE CO64111UCLiNG OF PLAN PUtIDE, ALL AS MOPE. PARTICULAPLY DESCRIBED 114 TfIL Ok1)114ANC1; was read by the city clerk. Counci lw,unrtn Pederson mnvacl to adopt Ordinance 13, Series or: 1976, on second rvar! i no; seconded by Councilman WLshart:. Pehul ar Mo.etin9...._.... City . Councils i :" .._YTanuarx 26,- 19.76 _...:'.�� -- .._�....... 'Leke (:lymer, fire department, told Council it was getting to be a problem parking when II 15 to 20 vehicles suddenly cos verge on the fire department for an emeigency. Clymer risked if the City would consider converting part of the par]: along the east side of the I fire station for parking. Clymer said that daily, for some reason, three or four fire- men come to the station to work and there is no place to park. Clymer said converting li the 1•°.rk into a few parkinq pla;:es would riot he o%pellsive for the City. Tht_ fire district would stand any expenses; the fire 3epartment would uonate time and equipment. yor.Standl.ey said he would rather than this under advisement and look at alternatives . such. as designating an official zone, or part of City hall parking lot. Mayor Standley directed City Manager Mahoney to work with the fire department, get their requirements, work out a solution and bring it back to Council. A }ENVIEW - Reapproval of final plat Mayor tandley explained this project conformed to zoning, there were no problems, the Council was reapproving the subdivision. Councilwomah-,,Pedersen moved to reapprove AspenView final plat subdivision; seconded by Councilman -Parry. Councilwoman John.., on asked if there were any changes since the first approval. There were none. All in favor, motion car "ed. i CLARENDON - Reapproval of final plat City Attorney Stuller toll( Council there has not been a recorded and accepted subdivision agreement. Also the Clarendon anticipates an exchanges of deeds to clarify the western boundary. Council will have to authorize the Mayor to sign that deed. V Councilwcman Pedersen moved to reapprove the subdivision plat and accept for recordation to authorize Mayor Standley to execute the subdivision agreement; and to authorize Mayor Standley to execute the quit claim deed; seconded by Councilman Parry. Councilwoman Johnston pointed out that there are several blanks in the subdivision agreement. City Attorney Stuller said that Engineer Ellis had to calculate the amounts for escrow and dedication fees. Clarendon will accept Ellis' estimates for these figures. Councilwoman Johnston moved to amend the motion to include approval subject to the amounts being okayed by the City administration; seconded by Councilwoman Pedersen. A1.1 in favor of the amendment, motion carried. All in favor of the main motion, motion carried. TRUEMAN PROPF,RTY Conceptual subdivision Kane told Council the P & Z had approved the conceptual subdivision with a*general configuration of 23,000 square foot post office and 75,000 square foot general commer- cial building. The Council had tabled the conceptual subdivision at the last meeting and required that the plan be amended to reduce the size of the commercial building. Also required was that the balance of the property be reserved for future rezoning or mechanism that would allow the developers of the land to come back, to Council and ask for further development. Porter's reduction is proposed to go from 75,000 square feet to 55,000 scivare feet, which includes 10,000 for housing. Kane recommended the 1.0,000 square feet for housing only if coordinated with the housing authority with some assurance that it be employee housing. Kane told Council there is 15,000 square feet of office space being proposed. The planning office is recommending, city-wide, that office space and retail/commercial be cut back. The planning office's general position is that if the developers feel. this is a reasonable use of land, there should be some assurance that this is preserved -as office space and not be converted into more retail. Kane reminded Council there is a general downzoning proposal pending before P & Z. One of the recommendations in this proposal is to take food stores from 20,000 to 15,000 square feet. The planning office is recommending that 5,000 square feet be sacrificed from this building, if the Council accepts a food store at 15,000 square feet. Joe Porter told Council this development is proposed 55,000 square feet; 5,000 square feet in the basement that will be health facility primarily for people that will use ,AI 4. buildiliq; .)'i3O:)0 ;:q u.0 t` lt•. •t_ of it -tail ::1,.tc, • 20,000 .;q u.l t't• iooL •11-oct,,Vy :it.ore. . On top of that 15,000 square frut of service and doctor office space; on top of that � 1.0,000 square feet of housing. Porter said he had no problem going through the housing authority, or with the contingency on the office space. rortrr smid at the last: Council wout.intl the Council had discussrd phasincl the original 71,000 ;square foot pruiect. Porter said they p.lrinnc,d to phnae Lltc• con,lrucL•ion also, rtartiug with the rr_Lail first. Councilman Behrendt asked for in explanation of the conceptual block plan with clotted line:;. Porter replied thn:;r were futnro circulation plan,, trail. dr,ignations. These I 411(l `,•r•rt; .I,rn i.nl.tl, 0IIIl: i 1m.lu U."111•'Ildt ;I::L•I'd by h•I•dinq .I :;ul.tlivi::ir,n with tv.() l()t!;, ,,n.' i "I (Iw 1,t,:.1 ()[I it,- •i;1,1 OIlt• I t`l t h'. I t•I .I i ] , i:.11' 1. III,- 0)1111..• 1 I •.1 ,••Il l lit_1 ! t.::/• 11. ill) to pru,s;nrr, from tho drvvloprr in III(- future. Kano said very dofinitoly. Kan( Said I Ih•` Ct•llit•'ll 11.1d 11.11 th.11 V),009 !:,111.11,• f.•I`t W.I.! 1,111 l,i(f, hilt. in.tyl„' of !;(,m(' I ititt` in the fuluio iL wtlu.ld be i1i:0 it flat. Tll,• 10011110111 011 it'-- !;,)it[ Lu uitl h-ick the` huildinq but. leave in the 1.1e„ibility for future development. on that nitro. L Regular Meeting Aspen City Council January 26, 197G Councilman Behrendt said if they subdivide once, there is a right to use that land implied Kane said 31 the balance of land were left undeveloped and made SPA, if would carry some bias for development. `Phu planning office felt that the size of the proposed building ! represented too much retail use of the site. They recommended that thu size of the building lie cut back and some other neaded S/C/I uses be included on that site in the future:. Kane said cre.tinci two specially planned areas would create a greater responsi- lbi.lity on the Counci.l and P & 7, to approve a development on that site in the future. City Attorney Stuller explained that if the developer were to parcel off lot 4, you would have an owner with no developable rights at all. Ms. Stuller said if the City has to request a dedication from that land for a right-of-way and it is under separate ownership, it would make it difficult. Mayor Standley said if the building were ccndo- minimized and the tenants were tenants -in -common of lot 4, it could be a problem. Porter said he wanted 55,000 square 'feet with no obligations on behalf of the developer or the City for anything in the future. When the need arises, the developer can come back through some predetermined process. City Attorney Stuller suggested when they develop the final plat to note that no development rights automatically pass to lot 4. Bob Grueter, representing Trueman, said he anticipated this land continuing to be a specially planned area. Councilman Behrendt asked what advantages accrued to the City to consider this development as a two lot subidivision, its. Stuller said the developer's disadvantage would be the dedication of open space. Grueter said they were not asking for condominiazation. Ms. Stuller suggested then that they maintain lot 4 as open space as an adjunct to lot 2 with no lot designation. Mayor Standley reiterated that if at some point in the future there was a need for further development, under SPA, the developer could come back for more development. The Council diet not imply to come up with a subdivided piece of land that had a separate lot that could be sold. Mayor Standley suggested that the Council deal with the building size at this point. Mayor Standley said Porter was asking for a 20,000 square foot market and asked if that included storage. Porter said that included everything, storage, etc. Elmer Beamer spoke to Council about a 20,000 square foot food store. Beamer said the families of Aspen want a store with sufficient shelf space to carry various sizes of merchandise, where aisles are wide enough to carry through., and a store that is willing to handle their own brand of merchandise. Beamer said that everything points towards a reduction of traffic by having a large enough store with storage. The main traffic drawer will be the post office. If people can go to one store and buy everything, one will not need to be trapsing all over town. Beamer told Council that one and a half million dollars were spent in Basalt and Glenwood with $50,000 sales tax lost and one million miles driven on Highway 82. This could be prevented by having a store here with sufficient space to keep people here. Kane replied that the City Market•in Glenwood is 20,000 total square feet with 4,000 square feet'storage and 3-4,000 accessory use. Kane said the planning office was suggesting 15,000 square feet as a way to control against accessory junk items. They are concerned about bulk and massing of the building. Kane said that cross town traffic could not be eliminated. Councilwoman Johnston asked if the post office would be located on this site. Iry Sherrick, U. S. Post Office, told Council they were interested in the land. They do have floating boundaries. This post office will replace the present two in town. Porter told Council that anybody that opened a grocery store in Aspen will not have to look for unique ways to draw people into the store. Porter said the planning office picked 15,000 square feet for a grocery store because they were concerned about massing; Porter said he could illustrate that the massing can be dealt with. flans Gramiaer questioned the allowed 82 parking spaces, and pointed out that normal Safeway procedure was to provide 3 square feet for parking, driveways, walkways, landscape per every square foot of building. Gramiger also pointed out that only one street would be serving this grocery store. Porter said they were not using the same kind of parking ratios as large cities, as a number of people would be using the minibus or pedestrian system. Council decided they were ready to make decisions on the size of the market. Councilman Behrendt moved to allow a 15,000 square foot total grocery store all inclusive 1ii Motion died for lack of a second. Councilman Behrendt moved to allow a 20,000 square foot store all inclusive; seconded by counciAman 1:i.shart. All in favor, with the cxception of Councilmrmb-r Jolin::ton. ?i()t wil carried. Councilman Wishart moved to allow 10,000 square fret of residence conditioned on going through Goodheim's office and it be tied up with the housing authority; seconded by Councilman De Greqorio. Councilman 13rhrendt ;:aid the purpose of the hou.inci authority was to qet property info the pads of people that can't buy in this. town. A rental plan does not protect that very cirouh. Councilman Wi.shart answered by going through Goodheim it does not tie it to rental or sale, this is conceptually trying to keep it for these people. Al l in Cave),-, plot inn varrird. II , ASPEN Department 13 0sOil'QAa ;^�c� a street as�>en 1 "�)?S�ri� ��0") ' 81 61 1 D. ` MEMORANDUM TO: Aspen City Council FROM: Planning Office (Bill Kane) RE: Trueman Property, Conceptual Subdivision DATE: January 22, 1976 Please find enclosed a letter from Joe Porter describing the revised Trueman Plan. In short, the proposal includes a reduction of the 75,000 square feet building to 55,000 square feet with 10,000 square feet of housing and a 5,000 square foot basement health club. We recommend the following: 1. The 10,000 square feet of housing only makes sense if developed in connection with the Housing Authority and Brian Goodheim. 2. The 55,000 square feet proposal includes a 20,000 square foot grocery store. We are still recommending a maximum of 15,000 square feet with or without storage. Should this recommendation be accepted then 5,000 square feet of area should be sacrificed from the building. 3. That the office space in the building be restricted to office space by covenant. 4. That the balance of the site remain as a separate Specially Planned Area restricted in Service/Commercial/ Industrial uses only. r ltegttlur- Meeting `...�� + N� r Aspen City Council .' w � January 26,.1976�,.� vor the second floor uses, doctors and services offices, the planning office is recom- uiendind that, they be covenanted to those uses ::pecif:iced to stop creeping commercialism. The planning office wants this space restricted to office only so that the 1' & Z will not be faced to conditional use hearings. Mayor Standley said he would be willing to accept. 15,000 square feet of bona fide office and medical uses. Councilman Parry said t he'felt it should he opo n to what the need is; Council has no idea whatthe need will he. Mayor Standley hoint.:d out that that sets up rating of uses; the developer can � f rate other buildings in town. Councilwoman Johnston moved that Council determine the footprint of the building at this point; seconded by Councilman }Behrendt. Councilmembers Wishart, Pedersen, Johns Behrendt in favor; Councilmembers Parry, De Gregorio, Mayor. Standley opposed. Motion carried. Councilman De Gregorio moved to accept a 25,000 square foot footprint; seconded by Councilman Parry. Planner Kane told Council it was irrelevant to discuss footprint. This building will not be uniformly two or three stories. The uses appropriate will make it a staggered building; it could be 30,000 square feet on the first floor and only 5,000 square feet on the second floor. The Council will get two shots at the architectural design of this building. Everyone opposed. Motion NOT carried. Councilman Berhendt moved to reject 15,000 square feet for doctors and services; seconded by Councilman Wishart. All in favor, motion carried. Councilman Parry moved to accept neighborhood/retail at 5,000 square feet; seconded by I; Councilman Wishart. All in favor, motion carried. Councilman Behrendt moved to reject the health and recreational facility at 5,000 square' feet; seconded by Councilwoman Pedersen. Councilman Wishart questioned this facility. Porter said it would basically be handball, court, and sauna for the people that live there. Councilman De Gregorio said he could 'I see this becoming another health center; there are two in town already. This would be increasing the value or cost of the apartments that the Council is trying to keep as low --cost housing. Councilman Wishart agreed, but said he was not opposed to a separate underground facility. All in favor, motion carried. The Council has approved 20,000 square foot grocery store; 10,000 square feet of residential; and 5,000 square feet of neighborhood/retail, for a total of 35.,000 square feet. There is 20,000 square feet left unresolved. Kane told Council there was a fairly tedious procedures to go through regarding engineering questions. Council decided to consider this on the next agenda; Councilma De regorio a ouncil Chambers. Iry Sherrick, U. S. Post Office, told Council they were under a mandate from the Post- master General to study all alternatives possible to reduce capital expenditures. Sherrick said they might be able to drop the size of the building in Aspen to perhaps 19,000 square feet. Sherrick said the lack of capital funds does not affect the project in Aspen; their interest still runs high. If anything does changes, Sherrick said he would contact the City. Sherrick said their parking would be adequate to handle customers; they propose 95 customer parking stalls. ORDINANCE #59, SERIES OF 1975 - Vacating Alley 92 Mayor Standley opened the public hearing. Mayor Standley told Council that the Commissioners had gotten the requested easements from the adjacent property owners. There were no other comments. Mayor Standley closed the public hearing. Councilwoman Johnston moved to read Ordinance #59, Series of 1975, on second reading. seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE #59 (Series of 1975) P.ia ORDTi;ANrr W..CATTtM AT.L nF TIfE PT,ATTT:D AT.T.T.'YWAY T,YT"I(7, TN AND BETQrr.N lil,OCK 92, CITY ANO T0'::i:"lT1: O, itiiT`I ;:, i-N11 ! A Cl: 1'), Ta\.;T A:-!11::1 ADIJI:'ION'AL TOWNSITE (LYING WESTERLY OF A NORT1117RLY 'EXTENSION OF THE EAST LINI: OF LOT 13, EAST ASPEN ADDITION) SAID VACATION BEING PURSUANT TO SECTION 43-2-301, ET.SEQ, C.R.S. 1973, AND BEING CONDITIONED ON RESERVATION OF RIGHT-OF-WAY FOR UTILITY LOCATION AND MAINTENANCE OF PUBLIC ACCESS TO LOT:! A,i 10l % l t:G THI: WW.ATUD I`11I..i ZU::.. OF TILT: ALI.Kl'WAY w,i s read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance #59, Series of 1975, on second reading; seconded Ly Councilt-uman Johnston. Roll call vote; Councilmembers 1•chrendt, aye; Johnston, aye; Parry, aye; Pederson, aye; Wishart, aye; Mayor Standley, aye. Motion carried. 0UDTNAtWE 1e)1, of-igI:R nF ln71 - Pezoni.ng Thomas Propor.ty to C, Conservation Mayor Standley opened the public hearing. There were no comments. Mayor Staudley closed the public hearing. , i ? Special Meeting-_ - - Aspen City Council T December 23, 1975 Larry Yaw stated that the architects disagree with the planning office on the size of the building. The specially planned area will set the zone for that. The overlay is S/C/I in neighborhood conunercial zone. Yaw explained they are seeking conceptual approval from the Council. During the preliminary planned area, all the architectural aspects of the project will be presented. In the final plan there will be a complete review of all the architecture, engineering and another Council approval. Then there will be recordation of the PUD subdivision and the final zoning. Yaw mentioned they do need a quick decision; they are presently behind schedule. Yaw explained their obicctivesL_to provide a neighborhood service center that will be a one —stop shopping service, and will provide space for the post office, to develop a project which is consistent with the conomics of the land, and to connect with the paths and pedestrian systems of _the city, and to provide the City withseasonable flexibiT1Ey with fhe Red (•fountain extension. Yaw explained the development program. The post office will be 23,000 square feet; the service commercial building will be a total of 75,000 square feet and will be comprised of a 35,000 square foot footprint, 25,000 square feet of offices and service shops, 10,000 square feet of residential; a 5,000 square foot recreation facility. The total square footage would come out to 98,000 square feet. The parking would be for 300 cars. The architects would like to have a shared_ parki�_concept. They would_Ee air e to have more efficient parking and less congestion on the site. — Yaw told Council that they would not develop on the panhandle for a period of five years and enythinq that was developed on it would not be toward condemriaion. The right-of-way is 1.27 acres leaving almost 7 acres remaining. The open, space is 25 per cent, or another acre and three-quarter. The total footprint is an acre .15, parking is 2.37, set backs and buffers is another 1/2 acre. The total acreage is 3.22 Yaw mentioned that the planning office and the architects are not together on the concept of the neighborhood shopping center. The architects do not fee]. that the concept of having a neighborhood shopping center spread throughout various areas in Aspen would fit the economic or functional model of Aspen. It would take about 12,000 people to support a full basic service neighborhood shopping facility. The alternative to that is neighborhoods can support small grocery stores, but when taking a?I'o_fFer facilities teat belong wit a shopping center, it will create cross town rrl What is being proposed is something that takes all the basic service uses and puts them in one destination, one -stop shopping area. In terms of the malls, Yaw felt that it was an unarguable economic phenomenon that tourists oriented commercial uses are using up downtown Aspen. Yaw felt that many of the uses should be in the Trueman area so that shopping can be done all at once., Yaw asked the councilmembers what they thought about the building. Councilman Behrendt said that he would not vote for a building over 40,000 square feet; the food market of 12,000 square feet plus 3,000 for storage is agreeable to him and the need for odd stores in that area that are necessary. Councilwoman Pedersen felt that the market size should be compatible with that which can be feasibly attempted as far as size is concerned in the west end and any other markets in town. Pedersen was leary about the 20,000 square feet of combined and cc::.;itional uses, too open enc?ed. Councilman Parry was interested in it. Mayor Standley felt that the size of the building was too large and suggested that a service station be down there in a separate structure becuase the parking is too much massing of open space. Mayor Standley also suggested that a restaurant be down there to service the employees of the area. Mayor Standley said he would not want to see any office space or retail facilities that are duplicated in the downtown area. Mayor Standley said lie did not see any problem with the housing, but in terms of commercial space he wanted nothing over 40,000' square feet. The supermarket retail area shouldn't exceed 12,000 or 15,000 Square feet. Councilman Behrendt moved to adjourn the meeting at 6:30 p.m. seconded by Councilwoman Pedersen. All in favor, motion carried. I iza eth M. Klym, Deputy City Clerk ^'�p,.•.A,�.}�s•--�.:-,._r...r.w,...�.ar_r:...,.,-_.....,.,.n,sx�r..k--..__-.._.._,..�,_,�_......._...,,,...irs+�•n.,,,,. .. .w.C„a.,. � _-+.�n.,,.�,•e,.---,...�...s..,,e,.�.,�,.-�.._�.�...,,,T,.. r.�,,,,,Q� 192, Special Meeting Aspen City Council December 23, 1975 ORDINANCE 0103 (Series of 1975) AN ORDINANCE RECOGNIZING UNANTICIPATED PLANT INVESTMENT FEES, INTEREST INCOME, STOCK SALES AND COMMERICAL SERVICE REVENUES IN THE WATER DEPARTMENT; APPROVING APPROPRIATIONS FROM WATER DEPARTMENT REVENUES � FOR THE RED MOUNTAIN STORAGE TANK, GREATER ASPEN DEVELOPMENT CORPORA- 1 TION TAP FEE REFUNDS, RED MOUNTAIN PUMP STATION, UTILITY MAINTENANCE PLUMBING SERVICE AND EQUIPMENT RENTAL; AND DECLARING THAT AN EMERGENCY y EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the deputy city clerk Councilman Parry moved to adopt Ordinance #103, Series of 1975, on second reading; seconded by Councilwoman Pedersen. Roll call vote: Councilmembers Parry, aye; Pedersen, aye; Behrendt, aye; Wishart, aye; Mayor Standley, aye. Motion carried. TRUEMAN PROPERTY - Conceptual Subdivision and PUD q Kane presented the Trueman Property explaining that Conceptual Subdivison is the first step of a three step process. Larry Ya, Bqb Grueter and Joe Porter are representing Mr. Trueman and have appeared before the P & Z with conceptual subdivision. They were advised to proceed along the lines of the PUD Ordinance, which is Ordinance #71, Series of 1975. The steps are conceptual, second step is preliminary, and third step is final. Kane noted a couple of issues involved in the Trueman property; automobile circulation, the panhandle which the ahning `oTfI-ce-would iike to g-- eta -dedication of some percentage for t_e- ossiblTity Y-deve3oping'a new access to Red Mountain Road, and—Te si2-e— of the building. The general problem is the size of the building. The two main structures are a post office, which is 23,000 square feet, and a three level structure with a total of 75,000 square feet F.A.R. and a 25,000 square foot foot print. The planning office recommends that a building of 75,000 square feet is too large. Because of downzoning, the architects are not sure what square footage to use until the new downzoning is in effect. The downzoning currently permits a 20,000 square foot supermarket. The planning office is recommending that a food market be 12,000 square feet with one at City Market, one on the Trueman property, and one at the west end of town. The site is zoned Service/ Commercial/ Industrial S/C/I. The original intention was to create a neighborhood commercial outlet with the addition of some S/C/I uses, i.e. commercial support facilities; however, because of the post office, which took away from any kind of S/C/I development, there is a building of 75,000 square feet with retail type functions. The site is zoned neighborhood commercial, S/C/I,- and specially planned area. The reason it was zoned this way; the neighborhood_ commercial would establish the range of uses; S/C/I zoning would establish the range of uses and the question of density and building size would be settled when the plan came to P & Z and Council. The reason there are two zones was because it gave P & Z and City Council the right to be able to set density and bulk height massing of the building and arrange for parking and auto- mobile circulation. The planning department feels that the scope and size of the building is too large because the intent of neighborhood commercial uses are to allow the development of commercial retail facilities on a neighborhood basis. The planning department is recommending that the maximum FAR of the building be 20,000 square feet with five other uses at 3,000 square feet each. This would allow a maximum building based on permitted uses at 35,000 square feet. Anything beyond 35,000 square feet means there will be conditional use hearings and approvals. There is also added residential space, which would be ten units at 600 square feet each. This would be consistent with employee housing. A building larger than 50,000 square feet is questionable if it would still be within the intent of neighborhood commercial zone. There is a lot of criticism from the Mall Commission. The merchants on Cooper street argue that with mall expansion and de-emphasizing the automobile on Cooper street, and with 300 parking spaces for the people on the Trueman property, it will be easier for people to shop there instead of walking to the businesses on Cooper street. Kane noted that neighborhood commercial uses do not compete with the commercial core; they are uses that satisfy the neighborhood and not satisfy the entire city-wide or regional shopping needs. A 75,000 square foot building would constitute a regional shopping facility; but a 30,000 square foot building would be more consistent with meeting the need of a neighborhood commercial concept. Mayor Standley asked Kane what the planning office's feeling is regarding the storage area for the super market. Kane replied that they are recommending a total building of 15,000 square feet which will leave 3,000 square feet for storage. Mayor Standley asked Kane what would make the neighborhood commercial detract from the downtown area, for example if a liquor store and erug store go down there, that would be detracting from the downtown area; however, they are essential to creating L neighbor- hood commercial area. Kane replied that the heart of the center will be a grocery store and pharmacy. The other permitted uses are beauty shop, dry cleaning pick up, and post office branch. It is only for daily shopping kinds of needs. The range of uses is the control for the commercial core. Councilman Parry felt tliat it would become a local shopping center anal shops in the malls would become tourist oriented. Kane mentioned that in a 75,000 square foot building, it would be hard to speculate what kind of uses will be put down there. Councilman Parry also felt that the supermarket is too small. Councilman Wishart felt that the building is too large and would be creating competition for the downtown core. Councilman Wishart left the Council Chambers .1. i 1 � January 21, 1976 Mr. Bill Kane, Planning Director City of Aspen 130 South Galena Aspen, Colorado 81611 Dear Pill: Attached is our revised conceptual plan of the Trueman property. As the map illustrates, we are requesting that Lot I accommodate a neighborhood community complex with the following program: -Basement - Health and recreation facility for building residents and employees 5,000. sq.ft. Ground floor - Grocery store 20;000 sq.ft. Neighborhood retail 5,000 sq.ft. Second floor - Doctors and service offices 15,000 sq.ft. Third floor - Residential 10,000 sq.ft. TOTAL 55,000 sq.ft. Lot II is the post office site, as per our first request. Lot III remain the same, and We are requesting that Lot IV remain undeveloped in its present SPA category with no additional obligation for future use or approval by either the city or developer. Please put us on the city council agenda for Monday, January 26 so that we can request conceptual approval as outlined in Ordinance 71. ,-'Thank You. 1 Sincerely, ,- r - Joe A. Porter J P/PP Attach. de .ic+n inc. 4 maidon lane ralc-igh, north carolinn 27G07 phone 919 833-5714 11