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HomeMy WebLinkAboutcoa.lu.sp.Shapery ? ^ ,,,,,,",, / i, 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 establishme~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 foIl owi ng the approval process of the Trueman Neighborhood Commerci a 1 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. Lot I Lot II Lot II I Total Land Use Program 1.27 ac. 2.76 ac. 2.95 ac. 1.24 ac. 8.22 ac. R.O.W. Remaining Land 1.27 ac. 6.95 ac. Open Space (25% of 6.95 ac.) Total Footprint of All Buildings Parking Recreation Setback and Buffers Total 1. 75 ac. 1.15 ac. 2.37 ac. 1.25 ac. .43 ac. 6.95 ac. Structure and Units 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 . ) \/ .1>' ,-.. .~ Cronology Page Two question was whether a Smuggler Mountain connection should be via the panhandle or an upgrading of Mill Street). 11 /25175 The Planning Department recommended to P & Z that dedication of the panhandle property for a road to Red Mounta in be requi red in conjuncti on wi th the development of the site. Kane asked P & Z to approve a plan that does 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 subdi vi sion but not to serve Red Mountain. 11 /28175 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 tbatdedication 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. 12123175 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 Other Open Space 1.99 ac. 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." 10/14176 - 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. 12110176 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, fi 11 i ng and wi deni ng from Mai n to Puppy Smith Street. 1'""\ ,'-", 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. 1/10/77 Council - Final Plat Approval & SPA with recommendations of the City Engi neer. Mayor authorized to approve the Subdivision Agreement. 4/8/77 - SUBDIVISION AGREEMENT Book 327, Pgs. 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 vacatea11d 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 pri or 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 amel)dment 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 Planntng 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 "recommendu 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. ,.,,~ .'~--'..'.'_._~'--'--' " ^' ~''''~'-''~~'''-'''~',-.~,",'''' "......, .~ 3507 Regular Meeting .-- "~''''''~'~"-~'.'''-'.' "~,~_~~_:~_ City Council JUly.:':.l,. 1983 "^",".~ 'r 1, !I II if " BOARDS AND COMMISSION APPOINTMENTS Ma}~~ stArling said the Council had almost twenty applications for the openings. The Cb~il ~as appointed Doug Allen to the Housing Authority; David White will be a P & Z ~e9~ela~member, and Paul Sheldon will be the new alternate; John Herz will be a regular lBoam(l Q)ii:: Adjustment member and Jon Hollinger is the new alternate. The Commercial Core . . ommission member is Mary Karen Eule~ Sllnl?Jml{ PROPERTY REPORT ~y Manager Chapman said Council has asked him to meet with Shapery and also to get an ~inion of value on the property. Shapery presented an offer, and indicated he is unwill- :Ung to negotiate down from that~ The offer is purchase price of $650,000; Shaperywill o-ontribute $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~OOU note to Trueman; there is a due-on sales clause in the note. The.re is 12 per cent interest payable quarterly, principle payment of $100,000 January 10 1984 and"$200,OOO due Januaxy 1.0, 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 Counci1 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 financi.ng the $350,000 with $hapery; there is some uncertainty with this. The $300,000 note with Tru~an 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,OOO~OOC; it is recommended by Joe Barrows that these be issued. Thebonds proceeds will be invested~ Chapman told Council the city feels Trueman owes $130,000 for the park dedication fee, $908000 plus interest; Trueman feels he owes $17,000. Mayor Stirling suggested "the staf:f submit a contract with 'a contingency. Gideon Kaufman, representing Shapery, said he feels when Shapery's application for SPA was turned down June 27, invexse 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 WQ'rth $800,000 to $1,000,000. The city h~s 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 li.ke to avoid the time and added costs of getting into arbitration. Kaufman sai.d 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 't.hecityagreeing to waive the commercial park dedication fee. Chapman said Mick Mahoney did not confirm that. City Attorney Taddunesaid 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 $19l,OOC 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 specifi, 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 theme~ting to Tuesday, July 12, 1983, at noon; Council agreed. TED RYAN LAND AT ASHCROFT (\ ~ouncilman Knecht moved to adopt Resolution #18, Series of 1983, in support of the Ashcrof land exchange: seconded by Councilwoman Walls. All in favor, motion carried. I ' t. .-j ~'j V Council left Chambers at 9:1S p.m. Continued Meeting Kathryn s~ Koch, City Clerk Aspen City Council July 12, 1983 Mayor Stirling called the continued Council meeting to order at 12:05 p'.,In. with Council- members Blomquist, Collins and Walls ~resent. ._._,.~.._--"~_.- '~'-~,~~-~~~-,-~--~-~--...---_.._~-~~-------:-.------.-..-.-~---~-~--,----~.-....~~ ,.,..,..\ .-, Aspen/Pitkin Planning Office 130 south galena street aspen, colorado 81611 July 12, 1983 Mr. Sandor W. Shapery La Jolla Cove Plaza 8008 Gir~rd 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 Adopti on of an SPA Pl an. There are 11 hours all oca ted 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. M~ /~~- Colette Penne, Planner Aspen/Pitkin Planning Office CP/klm ,-" ,-., -' '"', Regular Meeting Aspen City Council June 13, 1983 ~,~ ""''''''''''''~,~ . ,.~ -~---~~ ~""'"r Mayor Edel agreed to let the new Council face this issue. Councilman Collins moved to '~ continue the public hearing to the next regularmeetingi seconded by Councilman Knecht. j; All in favor, with the exception of COWlcilwor:\an Michael. Motion carried. 11 SPECIAL EVENT PERMITS - Aspen Rugby Club a Ii Councilwoman Michael moved to approve the special event permits for 3.2 beer for the Aspen~I'.,: Rugby Club; seconded by Councilman Knecht. All in favor'l motion carried.. r (1 II LJ ORDINANCE #24, SERIES OF 1983 - Lada Vrany Settlement ( II "Mayor Edel closed the ii Ii un ,second reading; seconded aye; Knecht, aye! Collins, , Mayor Edel opened the public hearing. There were no comments. pUblic hearing. Councilman Knecht moved to adopt Ordinance #24, Series of 1983, by Councilman Collins. Roll call vote; Councilmembers llichael, -abstain; Mayor Edel, aye. Motion carried. ORDINANCE '#26, SERIES OF 1983 - Aspen Skiing Company/Little Nell F.xtension of SPA Mayor Edel stated he believed he had a conflict of interest and will not Knecht said he would like to put this off until the next meeting. City asked Council. to read his memorandum interpreting SPA zoning mechanism. entered a letter he would like Council to have. vote. Councilman Attorney Taddune Andy H.echt also 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 Ede1 abstained. Motion carried. ORDINANCE *27, 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 CIL but recommend rezoning to L-3 for the four reasons listed in the planning office memorandum. n II U Gideon Kaufman, representing the applicant, pointed out one of the objections to the rezoning is that CIL 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 elL, 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 elL 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. " II I: Ii Ii '( ! 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 problens 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; seconned 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. trying to iron out all problernsof the closing Taddune requested Council open the public hearing Mayor Edel opened the public hearing. Councilman Knecht rnovedto continue the public hearing and to table this until June 27, 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 res-pect for an s/c/l 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 leqal bearing on the application. The applicant' I 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 I two weeks to bring this to a resolution in another form instead of developing the property. I I ! ~. II ii --y '..' - "'--"_._-~--,-,-"""-',"'~.' .. . ':""""'~'-~ ,'~-' _.- r--, .~ J ~. Regular Meeting Aspen City Council June 13, 1983 - ----. Councilwoman Michael moved to table Ordinance #29, Series of 1983, until June 27,1983; seconded by Councilman Collins. All in favor, with the exception of Councilman Knecht. Motion carried. I 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 tro~ the land.fundand the transportation/mall fund to the general fund. Mayor Edel opened the public hearing. There were no co~ents. 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' JVI,ichael, aye; Collins, aye; Ii 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 ap?ropria- tion ordinance to settle a-claim against various defendants. The city's share is $600.00 ~ and is less expensive than litigation. II Councilwoman Michael moved to adopt Ordinance #31, Series of 1983, on second reading; ,I seconded by Councilman Collins. Roll call vote; CouncilrneI'1bers Knecht, aye; Michael, aye~ II! Collins, aye; Mayor Edel, aye. Motion carried. GOLF PRO SHOP CONSTRUCTION FINAL REPORT AND SALE OF OLD PRO SHOP i Jim Holland, parks director, told Council the original budget for the pro shop was $74,0001] 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 ,1 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 ji recommended Council add the $2300 to Hagman-Yaw's contract. This brings the project to II only $211 over budget. Councilwoman Michael moved to give authorization to staff to increase Hagman-Yaw Architect~ Ltd.' coritractby $2315.78; seconded by Councilman Knecht. All in favor, motion carried. " t ~ I; ~ Holland told Council he had advertised in the paper for disposition of the old pro shop. Holland received three proposals in writing; the Lions Club in Basalt asked for donation of the building for a community centeri 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 ~ove 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. ii " " Ii it Ii ii l! " ,. Iii II Councilman Knecht asked for an update on the landscaping. Holland said he will advertise 11 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. ['i.' 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 I not make a decision on the old pro shop. MAROON SELLS BUS PROGRAM Monroe Summers told Council this program has had seven successful years. The city took i 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. Ii 'l'he Maroon Bells bus program has been a non-profit cooperative effort of the Aspen Skiing i: Company, who provides the buses, some insurance, and the physical barricadesi the Aspen il Highlands, who provides the parking lot and half the expense of a ticket taker; the II City of Aspen and U.S. Forest Service. The four entities have worked well together. ij 'l'his year in the absence of the sky ride, the city has been negotiating a new arrangement I with Highlands in order to keep the Maroon bells bus program going, fisc&lly viable and I acceptable to the general pUblic. I Summers told Council last year a professor from CSU did a fOllOW-Up study, which showed II the Maroon Bells bus program had achieved an acceptability with the public between 80 '- 11 90 per cent. The study showed ,that the bus program could handle at most a fare of $2.25. Ii Summers told Council taking all financial things into account, he arrived at $5,000 for r the lease of the Highlands parking lot. Summers told Council he has had numerous meeting~ with Highlands r and they have not arrived at terms. Summers said he offered Highlands 11 $5,000 for a three year lease. Summers asked Council to find acceptable the offer he :1 made to the' Aspen Highlands. II. Mayor Edel .asked what the alternatives were. Summers said the Forest Service can affect ,; 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 I, ii would create a bigger problem. Summers said fo:r the long-term 'solution, they have looked Ii into a parking lot and staging area at the forest service boundary. The city could get I: out of the program and simply lease buses. The forest service has long ranrre plans to Ii do this and has funds for 1985. A landscape architect' from the DepartI'1ent of Agriculture :'i is coming to look into sites that might be appropri.ate for this operation. 11 Ii ,. " , , " I " i ~ , ,-., ,-., MEMORANDUM TO: Aspen City Council FROM: Colette Penne, Planning Office RE: Shapery Downtown Storage - SPA Plan DATE: June 13, 1983 APPROVED AS TO FORM:~...z~ 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. 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'x18'=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 = 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. = = = = = = Total = 21,856 sq.ft. Lot Area is 1.147 acres = 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 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 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 Pro Con Land Use Compatibility Trueman Center; Sewer plant ACES; Roaring Fork Greenway Rio Grande Trail Relocation closer to open areas No guarantee of easements Traffic Multi-use trips Excess traffic now Site plan Relatively low impact Bulky development at trailhead ,-., ,-., Memo: Shapery Downtown Storage Page Five June 13, 1983 Planning and Zoning Commission Recommendation The attached resoiliution 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 27, 1983 APPROVED AS TO FORM:~-"" oc/ Z .h~ 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. 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 f~r 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 SjCjI 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. 1"""'\ ,-., Memo: Shape~y Downtown Storage Page Two June n 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: = 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. 56 storage units @ 8'x18'=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 = = = = = = Totalo = Lot Area is 1.147 acres = 49,963 sq.ft. This site plan is being reviewed as the specific development plan for Loe 30f 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 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 ligDting needed. Relationship of Lot 3 to the Remainder of the Trueman SP~ 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 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 helshe 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 'J'he s_tQ.ril,ge warehouse proposal is arelatively low-impact use in the SICII 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." ..E,l!lployee 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. Bui.lding 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: Shaper~ 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 req:uirement 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 l.ocated 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 Pro Con Land Use Compatibility Trueman Center; Sewer Plant ACES; Roaring Fork Greenway Rio Grande Trail Relocation closer to open areas No guarantee of easements Traffic Multi-use trips Excess traffic now Site Plan Relatively low impact Bulky development at trailhead ,-., ,-., Memo: Shape:ty Downtown Storage Page Five . June 27, 1983 Planning and Zoning Commission Recommendation , The attached resoiliution is the recommendation. Council Action The planning artd 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)." '0.,/' /""\ ,-., MEMORANDUM TO: Aspen City Council FROM: Colette Penne, Planning Office DATE: May 23, 1983 APPROVED AS TO FORM: RE: Shapery Downtown Storage - SPA plan 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'x18'=144 sq.ft. = 8,064 sq.ft. 56 storage units @ 8'x20'=160 sq. ft. = 8,960 sq. ft. Gross storage square footage = 17,024 sq.ft. Drive-through 2nd floor corridors = 4,082 sq.ft. Total Gross Square Footage (storage) = 21,056 sq.ft. Office = 400 sq.ft. On-site manager's apartment = 400 sq. ft. Total = 21,856 sq. ft. Lot Area is 1.147 acres = 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 ACEiS 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 "quieteJ:'." 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 IS' 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 Pro Con Land Use Compatibility Trueman Center; Sewer Plant ACES; Roaring Fork Greenway Rio Grande Trail Relocation closer to open areas No guarantee of easements Traffic Multi-use trips Excess traffic now Site Plan Relatively low impact Bulky development at trailhead ,1""""\, 1'""\ 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 ,Aq (Series of 1983)." "I move to a1~~e Ordinance eACf (Series of 1983)." (~~4- S-dl Dn S) ,-.. ,.-, 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. 2. 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. r", "'r" 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 Envi ronmenta 1 Health Department made the fo llowi ng comments: Noise: There is a 15 minute idling o.rdinance 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. Thi s is due to the inadequate treatment gi ven 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'x18'=144 sq. ft.= 8,064 sq. ft. 56 storage units @ 8'x20'=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. Offi ce = 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 Ap ril 2!l., 1983 Compatibility With Surrounding 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 SIC/! uses with which this proposal is consistent. To the west anti 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 appli cant's proposal to rel oca te the Ri 0 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 ft0m the adjoining property owners can be obtained; (2) the applicant is agreeing to construct only the segment of the trail whi ch 1 i es on hi s 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. ,.-. '>- r--.. Shapery Downtown Storage - SPA Plan Page Four Apri 1 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. Ea.sements 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 i.nteresting 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 Smith Street) No requi rement No requi rement 32 feet No requi rement 25% - 1:1 No requi rement The proposed project meets all these requi rements 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 SIC/! zone which is the underlying zone of this parce1. ~ ~, Shapery Downtown Storage - SPA Plan Page Fi ve April ~ 1983 Planning Office Recommendation In summary, the above di scuss ion reviews pos iti ve and nega ti ve aspects of several issues as outlined below: Issues Pro Con Land Use Compatibility Trueman Center; Sewer Plant ACES Roaring Fork Greenway No guarantee of easements Rio Grande Trai 1 Tra ffi c Site Plan Relocation closer to open areas Multi -use trips Excess traffic now Relatively low impact Bulky development at tra il head Wei ghing all these factors, the Pl anni ng Offi ce 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): 0\'- 1. _11..-0 'Ii \ G~\" ~(\t:' ~ <"'p ~k\'j<-t' . . ~d'> V;'\c:;;~ fY"\ 01-- 5. O\- 7. eJi-. 8. 0\\\<,'. 9. .,)' \ .~ ')\0-.-"''- '('~~' ,., ..)- , 0-" 10 :1- . Retention of the existing easement for storm drainage and access to Jenny Adair Park along the westerly property line. 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. 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 J1[ foot front yard exists on Puppy Smith Street. !) 6. Grading and access requirements for the parcel be submitted to and accepted by the City Engineering Department prior to construction. The Koch building (manager's office and residence) be hooked up to City Water and AMSD sanitary sewer lines. 'Signage be provided on-site to notify vehicle operators of the 15 minutes idling ordinance. A 11 run-off from paved areas and roof dra i nage be contai ned on the site. Provision of three parking spaces at the Koch Lumber Co. building site. Fencing be provided of natural materials which is high enough to obscure the view of first level storage activity. O~'l1. Lighting be low-key and have limited hours of use in consideration / -0 . ~ the wil dl i fe sanctuary. Co 1V\ '-lor--. , I , LJ-'l..\ '" oo-\c,stt>..l "'-"'d f,.. {\ fI ' _I . '^sald'.;&Y\. +0. ~1Q..c~t f'?1/~ di?_~;Ii-.~~ '.J.or.' Li. ' -to 1l2..?fncd-LcrYUStlo:; ~ f/VLSLV:J- ~, wJ<. <01- I Js,{d -L o~ fi,tVf$J,'fj! -~ y- ~. I Q,vl..d .J-s ,') ~OU.:s;:. j'- I ! \ ~ ,. [:;;"11\.(.. ~ I I I I . (I (\ . iY"":\ &j-~-z;<,Jc.. ~J/\ zn~)Jv-'().(J? .._:T 1V LLR(~~' fL 'i-:kL ~)O ,on, I L~1"":9J -to oJ2j)&-c0 ~v~ ':c-,'~ry"'(.tiC>\ ,C\=,ltf)/Q~31;C)\Q~ 1>1 o-1_~( ~r,: _)~'" Qd- \!u.ff) "'\;-0 Y" ~1-''''--P~. .'.1.\ \ I vV\~'Y'1INQ...v"::l.sLt.,-.t'S. "T",b,V'(}.,..-:..,J '!f,u-. ~- _ - \'-. V-~'_f -..~ \, "1_ )( ___ _ I . /~ () I,:;.)""'" '. .. (,.1(. "''-'"0'\''' ,:" ,.1 ,,/ LC:. .'::+\ '"'L i . \ tsL~.,..:",,,"^~~_r."'~C\y ~-u)rc- r'\JX.5~_'-L-.._ u---.t,- T!l"-Y'-- '. y'~ ~;"i.A-' (1'- \.A..::::::' '\-! C':~" r:~':.-I{'";:) ~"'-f :; \..l' ' \, ) ,j :;~ ~' GIDEON I. KAUFMAN DAVID G, EISENSTEIN ---....,....,......--.- /'-'\ LAW OFFICES: OF GIOEON I. KAUFMAN A PIIlO'IESS,OHAL C:O~I"'OJtATION SOX t0001 eu WEST MAINSTR:EET ASPEN,COl.ORA0081en TELEPHO'NE' AREA. COOlt.303 925-816e ,..~,.",. ..' " ~. ~. . '.,;'. October 19, 1982 Heiko Kuhn Aspen Sanitation Department, 565 North Mill Street Aspen, Colorado 81611 Re: Sandor W. Shapery Dear Heiko, I write this letter to put in writing the agreement that my client Mr. Shapery has reached with the Aspen Sani tat ion 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, ~1r. Shapery will help defray the cost of moving the two underground sprinklers that are presently located on Mr. Shapery' s property. We appreciate working with you. the Board. . ." ~ your help in this matter and have enjoyed I hope that you will convey our thanks to -',ii;c' ~ "~ , ~ i . 1'""\ Heiko Kuhn October 19, 1982 Page ~o ';f. :" ~'i,: ,-., If you have any questions or changes to this understanding, please let me know. Otherwise, please sign this letter below and return to me. GK kw enclosure Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, a,Professional Corporation By 9JJ (~ . Gideon Ka~n Aspen Sanitation District By IU p:;- Heiko Kuhn " ~ . '. t,~ ~"'''. ".".:.:, . ' ,..-,\ HOLY CROSS EL.c.CTRIC ASSOCr~TION, INC. 3799 HIGHWAY 82 P. O. DRAWER 250 GLENWOO() SPRINGS. COLORADO 81602 AREA CODE 303 945-5491 March 30, 1983 Dear Tom: ...,;-';;''c:<'. Thomas Wells & Associates Mr. Tom Wells 330 E. Main Aspen, Colorado 81611 RE: Lt:)t3, .',;<;;<;," We have reviewed the proposed site plan for the property and are requesting that additional easements indicated on the site plan. ,The existing transformer east of the property is capable of providing electric referenced be provided as located to the service to the Ken.Roberts, Engineering Department ';,';:>,;; to contact me. KR:lsz cc:File:Area90-58 ", \ -,"'.... ,',. ~-~ ,",.,^" .".- "-,~"",",,~,-,,..,,-- ;-~.--,..,..,..-.,.. ",.\. ", "' ~'~ ,-., -- LAW OFFICES OF GIDEON /, KAUFMAN GfD5:0N I. KAUFMAN A PROFESSIONAL CORPORATION SOX 10001 611 WEST MAIN STREET ASPEN, COLORADO Bl611 TELEPHONE AREA CODE 303 925-8166 DAVID G. EISENSTEIN February 10, 1983 Aspen Planning and Zoning Commission 130 South Galena Street Aspen, Colorado 81611 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 24-7.1j 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. Shap~ry, the owner of Lot 3, Trueman Neighborhood Commercial P1:'oj ect. Mr. Shapery' s address is La Jolla Cove Plaza, 8008 Girard Avenue, Suite 410, La Jolla, CA 92037, Tn accordance with the requirements of the SCT zone, we propose the following requirements for Lot 3. Lot Area 1.147 acres Minimum Lot Width 100 feet Minimum Front yard 10 feet (from Puppy Smith Street) Minimum Sideyard No Requirement Minimum Rearyard No Requirement Maximum Building Height 32 feet Minimum Distance Between Buildings No Requirement Permitted Uses Same as SCT Ii"'"' ., ,-".. ,-., P & Z Members February 10, 1983 Page Two Proposed Structures Self-storage warehouses and Office Building with Employee Apartment as depicted on SPA Submission Plan Off-street Parking As per ~ 24-4.5, Aspen Zoning Code External Floor Area Ratio 1: 1 Internal Floor Area Ratio No Requirement Construction Schedule 7,000 square feet to be built each year beginning spring of 1983, unless greater allotment is awarded in anyone year These requirements are all either identical to or stricter than the requirements set forth in the zoning code for the SCl 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 the soonest available meeting. further, please let me know. GK kw enclosure these matters with you at If you need anything Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, a Professional Corporation By G~~fm"" cc: Sandor W. Shapery Owner's Signature: andor lvS /"-tf/ jJ ~. ~ cot~ + W&tf;.!,,-\ C.rv.. r ...' p("'! 4Jbf"C Aspen Center for Environmental Studies ,.-." February 23, 1983 Nayar of Aspen Aspen city coun~il City Hall Aspen, Colorado 81611 Dear Mayor Edel and Council Members Micb,ael, Coll ins, Parry. Knecllt ~ The Pitkin County ParKs Association and the Aspen Center for Environmental Studies have asked me to su~marize our objections to the mini-warehouse project proposed at the entry to the Rio Grande trail. Our objections are broad-based, site specific, and procedural. 'l'hey are enumerated as follows: 1. Aspen Area Planninq Objectives OVer ten years ago the Aspen Airport Business Center was developed. Its purpose Was to locate t:hose service- conunercial projects outside the city which necessitated large storage facilities and generated minim~l traffic flow. This 24,000 square feet mini-warehouse facility is exactly this type of use and shOUld be located outside the city. 2. The Trueman SpeciallY.PlannE~LArea The mini-warehouse site is Lot III of the original four lot Trueman SPA Subdivision approved by the ci ty in 1976. Thi E: proposal should be reviewed in relation to the histo~.ical representat.ions of the developer, the cu:r.rent status of the T:rucYr:~~n S. P. A. and the appropriaten,",ss of this use for thil't si toe. A review of the documents relating to the Trueman S.P.A. plan ,S1'0WS the developer represented Lot III to the City Council and to the Planning Commission for "recreational development". 'Ehe conceptual S.P.A. plan submitted by tb,? project planner, Mr. Larry Yaw, shows paddlebalJ. courts and Ll small recreational building on Lot III. Planning office memos (June 7, 1976) recommend preliminary pla't approval with Lot III as recreat,ionaJ. use. Due to expected heavy traff ic generation from the Trueman project, Lot III was also seriOUSly considered as a new altern(;~t.ive road access to Red Mountain and .silver King areas to avoid the Mill Stl'eet bridge cOf'gestion. 'Ehis route was later dropped f rom con side1:i.1 ti.on. The only o1:her use considered for Lot III, be,;id,"s open space, was for parking for empJ,'yees of UJe> 'I'ru.eman CentE.'r. It was widely believed that the lot vh;~, l:ltlbui Idab1e due to a multi.tude of P.O. Box 8777 . Aspen, Colorado 81612 . (303) 925-5756 ,....., ,-' > -2- easements. The Park Dedication fee req~ired 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 plan" 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.-.s.idew:alk b;!tween the Post Office, grocery and west Kspen a~ea;-" The'original',<:1evel0per _~€!fused to contribute to this pro ject. "-'___.".. ~The --;:ecoided-Trueman S.P.A. plan shows potential 'LO~ 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 Shouldinf lue nce your consideration of~the !application. There is no public zoning action that L ~:~~a~~ I~Z';~~;;~~~~~~~::~;s:::n t~~~:~~~:-~fthe 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 tJds 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. pla~ning. r-, .-, ...." ~ -3- 3. The Mini-warehouse Pla~or 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 locational 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.r.LP. application 'l<lhich 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. Si/N~ Hal Clark . president, Aspen Center for Environmental Studies Vice President, PCPA Former Assistant City-County Plannel CCI Aspen P & Z Commission pitkin County commissioners Aspen Times ;r" ,"",' 'J' ,.. ']/ \.'~ ,-.. ,-., . A.~N.PITKIN 'E'N'L,.,-aRm&iAc.E'N,' "PAL' "MEA,' ','L::r"H' 'D' ~-'-:RTMENT' .' ___,_ ,\,j,~,::~\,:v, ",.;,~~.:;I,. ":~'~i>):;:II';~,>,, ,,-, ,":".,"::' , :>;"'.,: ,d"""':'/' ~<',_'"; ,," ,/~" '::'_ ,': J .:,".' ,',.' MEMORANDUM TO: i'9'~~ee:~~,;:jcB!:<l:m~i!,n~'~fi-ce. Themas s. Dunlep, Dir7cter~ EnvJ.renmental Health Department FROM: DATE: April 14, 1983 Aspen DowntewnSterage .RE: ,:."" ,,', ':" ,.'-' ",' ----'--- -'-',- -,--'-- --,-- -- --_.- -~ --:--, ---~~-' _._-,----- -;...----.--- ----- --- , , "-,, """ -' ,'" , , ' The, fellewing cemments are .offered concerning the abeve' re'ferenced submittal. Ail1' pellutien: The .only impact that qanbe seen at this time weuld be increas.ed vehicularemissiens ,as a result .of .site specific traffic velumes,. These t,raffic, flews are net pres~J!\j: at the, site at this time due' te it's urluse'd state,,:. This will prebably net qa.us,e undue hardships en the neighberhoed since the vehicles will net be censtant given ,the proposed use of the preperty. s1 te Drainage: It will be the request of this .office that all run-eff frem paved, ar,eas and rebf drainage be contained en the site. This can be acc'emp.l,iflhed by using en:-flite dry ,well.s or non-discharging holding ponds. ' The use .of ,the~xisting,s,torm seweJ:' hOl,ding pond lecated in Jenny Adair 'Park to centa'iri this preject' s run-eff is net rec.ommended. This is due.te the inadequate treatment given to s.treet run-off currently entering the pena' from th'e West end .of .Aspen. Any increase in ,hydraulic loading te this pend will simply exacerbate the situatien of inadequate water treatment prier tb discharge intetheRbaring Fork River. Noise: Increased vehicular traffic in the area mentioned in this submittal will be the .only 'significant .neise, generating element. It is felt at this time.' that no violatiens.of ,the A,spen Neise Abatement Ordinance will. be realized. ' Hewever, there is a 15 minute idling ordinance in the Municipal Code which will regulate vehicles using . the' 'facili ty . Perhaps signs a,t the entrance to the, sterage area wil:l'be beneficial to notify vehi.cle .operators to turn .off their engines when loading or unloading. 130 Sout:'" G.elena. St;r,eet: Aspen, Caloredo 816'11 303/925-2020 "" ."-' r .r ("""\. ~ Page Two April 14, 1983 Aspen Downtown Storage In sununary, this application was very incomplete when submitted to this office. Tnerefore, the above comments assume this is a storage only structure. That is to say there will be nO occupancy of the structure and no businesses requiring ,on-site . ;:If<:}i~tiA~,:~~~;1:kge allowed. ,-- '. -.-- TSD/co I""'" .r--.. AGE N 0 A . ASPEN PLANNING AND ZONING COMMISSION Tuesday, April 5, 1983 5:00 p.m. city Council Chambers Ci ty Hall Regular Meeting I. COMMISSIONER'S COMMENTS II. MINUTES III. PUBLIC HEARING A. Change in Use (to be tabled) ~. -,~....".,.<,,,.,,.. C--B-.--S-!rn'f>eiY-SP A.. ~::_:.~"~~ ti .:'';1_:=~ C. Rubey Park .SPA ., IV. RESOLUTION A. Satellite Dish Regulations V. AD.JOURN MEET ING ! l , ./ I V hv;I.21o. 01$r~! f~k"j i ,,:siv~:~ :cf- dwc: l~ r G II $ VvLQ.Vl-U:>',,;, -~::>".- ~Y'.cI '0''1\''..-::,:, vJ[,; C~ t\D, V~ I-T }1vO-\--VVUL+ . " 0'" V~+~) (1 ,,' ' =let r't! J; . <, [ " f ~ ','._ . ' '_ " " -'-. \. " ..' , ..",' 'YV\j:),C~{-..I,b{ I.i-h~. LV., r\-h '*""\""fJ1'- oc 10'" l~, <-'" ~L , ~I~; '- fa:: 'ex'^" I f ..; ( tIP ("'\ \ , -e'.'fMtl f( f'.y.,(/d( ~i? !j"I, :c f,_...J;.#'tJ Certificate of Occupancy for the improvements constructed on Lot 1, TNCP, the parties hereby agree 'as follows: 1. DRAINAGE I~WnOVE~mNTS - LOT 2. The parties hereto recognize that it is their intention that all drainage improve- ments required under the Subdivision !l-greement on Lot 2, TNCP, shall be constr~d by the United State~ Post Office, the . , purchaser from Trueman of this real property. If the United States Post Office refuses to construct' the drainag~ 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. ' '. ;:, . .. ~ 2."-' . DRAINAGE IMPROVEMENTS - LOT 3. Trueman agrees to " 'construct all drainage improvements required ,under the Subdivision ...:.... Agreement'on Lot.3, TNCP. It is agreed that the aforementioned . ' agreement, requires the construction of a simple grass-lined ,t, 1\' swalein .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. 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 GROUND 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- =""y,.~.~"-,;~, " .~~.. ! .' , I 1'1 i i '.1 : i I \ r f ! ,.1 H 1 ~' ,I i I , I I , I I I . .,.,....- , r , , . , ,~ ': l ~ .' , ,-., ..r', '" ,-.,'". '.A , / -, i. .. I J' I I . MEfoIORANDUM' .... . .:4r':"J'~ Y7 r-' ~.J.~Q_~ C;,.sl"'l......~ . FfzOj7G t ',;. .'.. . TO: Aspen Planning Commisston . , FROM: Planning Staff (HC) ~ IE:" Trueman Property Subdh'ision Prelimi~ary Plat : DATE: Jone 7. 1976 .:::.....'!: '-.. .'_n._r .... r'.___ T' '-.'- . This is a request for Preliminary Plat approval for the Trueman froperty Subdivision. The area of tha project is divided as -- follows: - , " 2.74 ,acres 2.39 acres 1.24 acres .49 acres b1E. 'acres 8.22 acres Buildin9 footprInts'- Parking Recreation open Space ROW . , .' Lot 1 lot II 'Lot II I Lot IV ROW ..""- o ... ... .- :.,~_..-_._'. 1: 26 acres 2.37 acres . 1.24 acres -1.99 acres 1.36 acres ~',. - . -: c' 8.22 acres d . - ,6_ ''':0- ..~ '0' ..-' . , The plan for Lot I as approved'by the City Council called for the following: ,.' .. . . ,...,..-.--' -- . ~ . 1. Food Store 2. Service Related Retail - Basement 3. Neighborhood Commercial.. 4. Employee HOusing S. Basement Storage . , 15.000 square feet 10.000 square feet 10.000 square feet 10,000 square feet 2.000 square feet ,;,- 47.00Q square feet total E-, ::"'-~:--:'''''::7: :,":":". The plan as submittec!-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__c\Je,have .cScheduled' the applicant for City Council agenda on June 14; 1916 to discuss thIs 'change and to report on p)"ogress . with the application. ; ,I\lso, we have included the mlnutes of the Council action for your revie~.: :; . The conments of t~e Plannin.g Off'i.ce on :the .PreliminarYPlat 'are as follows: ' ~ , - .'-~- --~'-'~"" ., - .. -. .- ," - --.-- 0'" _ 1;' Tftle - 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. . .' ':, .. c-,... ~:.." -- , -',,,,,:"~"," .. ::-::~-~ "-7",' ~_ 2. Pedestrian 'fS.cces's - -.. A,,_, Ma49r: t,ra.i}. .is located in disputed area. Needs be surveyed around existing cottonwood trees. ~ ~,_. ". _ _n_ ,_, . B.\'" TraU'~cce'ss to Bennet.t site either by Mill- Street sidewalk or, along west of' grocery building. . .- I'.' ., . '", 'W ";:. /' :'''' '" " . . .. y .. ~ ' i ! 1. ; I . . ." r". ,.,....,.. , ,-., ,. ,.. .~._._.-.........,-~......~..,..,.. .."-" . -....--............ MEMO, Trueman ~roperty Preliminary Plat June 7. 1976 . ,;', :'",~'; :';. . ,1' .' ...... . . . Page Two ..,:. ," ...~ .' .. ......'. ,.". , . - '. 3. Mousin9 - a schedule for building employee housing units IlUSt be deve1cped by applicant and approved by P & z an.d, 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 ~ A. We are in agreement with the number of 123 spaces for the commercial complex provided housing spac~s are reserved. 8. Parking for Lot II. the Post Office. is not shown. We feel the Post Office will argue for an excessive amount of parking s~ace. Such space will supplement that availab1e for the commercial space. C., The design for the parking lot is massive and should , be "broken up" by additional landscaping buffers. 5. Lot II- Post Office site is left in undeveloped state precipitating the following concerns: ,A. . Parking spaces? 8. 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.' 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. 8. Emergency fire truck access is.needed to the rear of the commercial building either by easement through Bennett'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 pul1 off zone . for taxi's. 1 imousine. 8. Transportation- A. A bus stop is 10cated on Mill Street,An provides access to the site. B. Auto access is via one road cut on Mi11 Street. , C. No auto access is provided to serve the contiguous Bennett properties forcing an additional road cut to serve the Bennett site. .. "-'-~-'.""'".'-"".-. ._-". . ", -I' ... '-',". . . ,:.~,:~:~ ,.~ .;(f; .),~"! :"~r- . ',':~ ./i :',::'$- : 'li -- :1 ii . ; , ' ~' /' . . , . /~'\ "" ,'" "..\ , , , . > .. ~. ._. .' :i' ",I 'j' " i " .'.. '.'....,-'..;. .. ....:', .. ~. ';:'t:;.. ".',-, .... 'I .,...' I"'."'; "".'" .~ .. ,-., .'.>" ',"',' " ::,':/,.;~:>::I'- :" . . ., " , MEMO , Trueman Property Preliminary Plat. .June 7. 1976 .~ 'age Three . ~, . ," ..' .... ,. '," ." ,,,,' ..', . , ~ ' : . '-~ . D. .!Iorse ,Slte - 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 Cfty) of road costs to the developer (Trueman). 9. Mill Street Improvements - A, The City must schedule and budget improvements to Main " Street to accomodate increased use generated by Trueman development. ~; .. " . " 8. " Jmprovements to 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. Sfnce the improvements to Mill Street by the City will be precipitated by the Trueman development, the developer should pay a share of the improvement costs. The, previous Schottland development was committed to pay ~O% of the costs of improvements on Mi 11 Street wh1ch fronted the development. Such improvements would fnclude. cutting, filling, grading, regrading, paving, . sfdewalks, 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, Publfc Use Dedication - we recommend a cash dedication of 6% of the market value of the land to the City. 11. En9ineering Comments - As of this writing, specific comments of the City Engineer have not been recei ved. Numerous l1I!etings have occurred among the planning staff, Trueman representatives and the Engineering Department. Should Preliminary Plat be granted by P & Z, such approval should be c:onditioned on the design standards Section 20-16-17 of the Cfty of Aspen Subdivision Re~ulations. In summary, the Planning Office recommends approval of the Preliminary Plat based upon the above I;>roadly 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 area. Essentially, the 2,000 square foot basement storage has been transferred to the first floor for loading and checkout services. lie feel the City Council should be consulted as to this alteration fn their Conceptual SubdiviSion approval. , " , , , , . ',J F. \ , ,"'. , . . .. ,"" ".' ,', ..'-' , ,. .', . -__.___ ..__. "_.___. _,.. ~~'.'.'_"w' ',_ ..... ........~._._..___.. _...._....... .....,". ........... ." _;:...~'-I . ~- 't.... I.. I . I , ! ->, -I ~ fORM 50 e.', HO[CKEl....1t L. CO. j 1 Regular 'Meeting J 1"""'\ 1"""'\ c) RECORD OF PROCEEDINGS 100 Leaves 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 Approval of Minutes 1 Trueman Subdivision 1 Preliminary Plat I J 1 J J I i , I I Motion Public Hearing Rezoning Notice Procedures Motion Conditional Use j Apartments in Durant i 1 Mall I j I I I I l I I , I 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 Hunt moved to table the/!-1ay 18, 1976 tol ' . current set :::::~::::~o:::o::::c:: ::~:::ngA:: ::v:a:o~~i::t:::,y II:. session with the Planning and Zoning at 6:00 p.m. on the Trueman Subdivision and asked that any discussion be J held at that time. Hunt moved to table any discussion on the Trueman propert I 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. Clark asked the Commi,ssion to table this item since the notice was not published in the paper. Hunt moved to table the public hearing on the rezoning notice procedur~ 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. Clark explained this is a conditional use public, ;hearing to consider the apartment change of use in the Durant t Mall from office space to apartment space. The apartmentsL consist of two I-bedroom units at 875 and 900 square feet'I' '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 ~ 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. t Collins read into the record a letter from Marcia ~ Rothblum,Aspen Square, Aspen, CO 31611. The letter f ,disapproVed of any use in the location of the Durant Mall I which would involve the influx of one other automobile. t Oates mentioned there is provided parking spaces for the above requested apartment units. -1- ... .~ j j I ' I 1 J '1 . I 'Conditional Use j Museum in R-6 Zone 1 I , i Motion I I I I j Old Business New Business Use Determination Wunderkind Specialty Clothing. i , 1 i I I I , I , I , , Planning and Zoning Commission June 15, 1976 , 'r"\ .,-.., Hunt questioned the short term !eases being requested 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. on 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 a6 month lease requirement; seconded by Hunt. All in favor, motion carried. Clark explained that the City Council did not act on 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. 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. 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. Clark explained that this is a conditional use hearing for Wunderkind Store located in the Durant Mall. The store will be a childrens ski shop and offer recreational equipment retail facility. The planning department's recommendation is it would be an appropriate use in the CC and C-l 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- ) "I" , ,) 1'1 'OllflllO e.r.HOEClCtLB.....L.Cll. Regular l1eeting . .~ Trueman Subdivision Preliminary Plat 1 'I , II 1""'\ I,) ,-.. ,", . RECORD OF PROCEEDINGS 100 Leaves' Aspen Planning and Zoning Commission June 15, 1976 these uses appropriate for neighborhood commercial zone. There is Commercial-one areas that are zoned for this particular use. Collins would like to see the uses designated for the neighborhood cQmmercial zone be kept in line with the N/C concept as it was originally establis, by the P&Z con~ission. This use is not compatible for I 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 the community and their own personal standpoint to be the most effective location. Also the fact that the Durant Mall is adjacent from Little Nell. Mr. Plantec I explained that children will be able to rent 80 cm skis of which there is a need. Hunt agreed that a ski repair and waxing shop as an N/C us in that vicinity; but couldn I t agree with a retail sports I shop of this type. Hunt feels the integrity of the zonin~ should be maintained and feels this shop belongs in the l C-l zone. , Hunt made a motion to have the request for a use determin 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 t'he CC or C-l 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. This was a joint study session between the City Council and the P&Z members. Members present from the Council were Councilman Wishart, Councilman Behrendt, Councilwoma 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 - for grocery needs to accommodate pull off zone for taxi, limousine, Transportation, Mill Street Improvements, Public Use Dedication - recommended is a cash dedication of 6% of the market value of the land to the City, and the Engineering Comments~ In summary, the Planning 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 r" 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 floor for loading and f 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. '.. The Council and P&Z members went through the presented ,..' plans with the Trueman developers and the planning department. -~~~~ ,~.' -3- ....',' 1 "1 ^ . j , I , f j 1 I I j I j ! .t'J.ann~ng anClzoning Commission II June IS, 1976 . 1"'"'\ ,-., Kan~explained that Council is ~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. .' I ( 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, the~ 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. . , , t t Councilman Wishart suggested to Yaw to take the 2,000 sq. ft. I' out of the sales area. . Councilwoman Johnston felt the 2,000 sq.ft. was never , intended for grocery storage. There is nothing in the ! minutes that says 2,000sq.ft. will be for grocery storage'l The 2,000 sq.ft. was for other storage only. t Coucilman Behrendt remembers when the developers requested : for storage for the other stores. Councilman Behrendt I also never thought a grocery store could be operated on I 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 t would be exclusive of the food storage, other Councilmembe~ 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 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. ) -4- ,. ~: I ti , ,\ 1 / ',->.. ..... .,-' ~ !1 .1 ,.... ,.""',,,,,.,.,.c'" ,I :Regular 11eeting J 'I J I 4 j 1 Motion I I ~ I I I I I 1 I I I ! ! I f I I I I 1 I I I . II () ~ ,,,\ ,"<",.d! ~. RECORD OF PROCEEDINGS 100 Leaves Aspen Planning and Zoning Commission June 15, 1976 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. t grocery plan; conditioned upon recommendations of the r planning office and the City Engineer. With the additiona~ recommendation of unsecured carporting of the ramp i loading area of the grocery for the purposes of better i visual appearance on that side of the building. The ~ comments of the Plan. ning department' s mem~ '3:a:ted June ., 7, 1976. Also theConstruct~n for the/t~,&&O feet of ~ parking space be 50% included in two years andf ~. additional 50% completion at the end of four years. . include . Hunt amended his motion to khe correction of paragraph f four of the planning department's memo dated June 7, 1976 to indicate rather than 123 spaces to be 113 spaces. ~he 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. ~}1 1:2 fe#;~ Li by M. IKl , ep y City Clerk "y-"",--,,-' "" ~ Ii ~ iW .< II . 1""'-. ,,-,, OWNERSH I P AND ADJACfNT DVINERSH I f) - REPORT Order Reference FEE: __~lOO.OO THE COMPANY hereby certifies thot from Cl ~3eC1rcrl of the company's property account (campi led from reconJs contuined in the Pi tkin County Clerk and Recorelcr's Office) that the real prope-rty described below is vested of record as Of the dote of this report in the nome of: RECORD VESTING: SANDOR w. SHAPERY ADDRESS: 443 WEST "c" ST SAN DIEGO, CA 92101 DESCRIPTION OF REAL PROPERTY: LOT 3, TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT within 300 feet of THE FOllOWING DESCRIBED REAl. PROPERTII S Aflf'[AR 10 BEi A13~=&fll{= :j;g THE REAL PROPERTY ABOVE DESCRIBEl), AND AI!! VESTED OF RECORD IN THE NAME(S) SET FORTH IMMEDIATl:LY FUl LOYJlNCi EACH DESCRIPTION: DESCR I PT ION OF ADJACENT REAL PROPEIHY: SEE ATTACHED PAGES RECORD VEST I NG : SEE ATTACHED PAGES ADDRESS: SEE ATTACHED PAGES DESCRIPTION OF ADJACENT REAL PROPERTY: RECORD VESTING: ADDRESS: THIS REPORT IS NOT A TITLE POLICY- NOR AN OPINION OF TITLE, NOR A GUARANTY OF TTTCE, NOR AN ABSTRACT OF TITLE, AND IS ISSUED WITH THE UNDERSTANDING THAT ALTHOUGH WE BELl EVE THE INFORMATION SE! 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 APPLI CAT ION FOR THE APPROPRIATE TITLE INSURANCE POLI CY OR GUAR- ANTY. TfU,C BY: UNDER\~r\I TTEN BY SAFECO Tl TLE I NSURANCL COr1P{,,\r' t:t1tAG~ -_....,f'.L~:,.._ TITlE tNSURANC~ a ~EAl [SlATE ClO~"" -'-~-;':"'(,:'T' j-' :'. ....- ""6'ft.~'6 TRACY Tln.E, lTC, [,] 60' FA.\1' H""AN '" )!\A(X) 816' 1 ["](:l(X)) 920-1120 1'""\ LOT I, TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT II '-", TRUEMAN ASPEN COMPANY, AN OHIO LIMITED PARTNERSHIP 4355 Davidson Rd Amlin, 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 I, 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 ; . . II ,-., t""'\ 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 < II ,-., ,-., MEMORANDUM TO: City Attorney Engineering Department PLANNER; Colette Penne RE: Adoption of an SPA Plan for Lot 3. Trueman Neighborhood Commercial Project DATE: February 23, 1983 Attached please find an application submitted on behalf of Sandor Shapery which seeks to adopt, an SPA Plan amending the Trueman Neighborhood SPA, of which the property in question is one parcel (Lot 3). Please review the application and return your comments to the Planning Office no later than March 10, as the item is scheduled for a March 22 P&Z meeting. Thank you. .... ri .' '.p. 11' .~" ...~...;^' _d': ,'..'....A'- ":'.. , '-..,',.:,~ ..,...:-".._~",...,",: . ,....:..~.. ,..~:~..-, II , ,-.. ,-., " 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 to the following: the United States mails, postage prepaid, and addressed See attached. . .#1(JJd:h.tuft~ Martha Eichelberger , II ,-., ,-., ~ PUBLI C NOn CE 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. ,".- ."." II ,~ j\ ,,~, ,-.. ,-., The Honorable Mayor and City Council of Aspen The Planning Commission The City Attorney The Director of Planning February 23,I983 Dear Si rs, 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 (the panhandle property) would be used for recreation purposes. The enclosed land use plan shows that this,l.24 acres was to have paddle courts and a small recreation~uilding as a permitted use. Also enclosed is a memo from tile 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 cleat'intent of the developer, Mr. Trueman, and the City of Aspen w'as 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 preclud.e'tbis amendment and disallow the proposed material alteratio~~of the existing SPA plan. The plan approved in the Truem,(l.T,l, development balanced the i ntensi ve use of a porti on of 't"h'e' property used for the supermarket and post office ~i~h a non-commercial use of the panhandle property; lot I-II. ,- - Supporting the non-commerci~l intended use for the subject property is the letter lrom Mr. Mahoney to the Council at that time in which the City Manager specJfically 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. '~\, " <Iii:ilit.i~,,,,,,,,.,:..,-~._,-,-,-,, .. r" or 1 ,-., - .-J_I::-:~iiiJl1 . ,.. U 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 SCI/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 nothing 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 sincerelej(, ~). ,,' Marc S. ~berg Box 8747 AspeR Co. 8I6I2 .' Encl. Land Use Plan Memo from Planning Dept.< " --.'--'" ,... -.-...-".---- -----,.- '1- <.' / ~ ~_...__._...,u._'". ..._.' f_rj..Ilill;l:,il\lIl- ~~ !\lll:~,,::.,ll .~"'--- -- MH10lWIOUM 1'""\ ,-., C;;/"" r ' <- y" ,"'-" I'-.~ ;'..... ":' c' ;-.S!..~" oFlZ 0/7 G ' TO: Aspen Planning Commission FROM: Planning Staff (HC) RE::\ 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 Lot II Lot II I lot IV ROW 2.74 acres 2.39 acres 1. 24 acres . 49 -ac res I. 36 acres 8.22 acres .'~ Building Footprints P k' . ~~r~~~ion Open Space Rm~ I. 26 acres r 37 acres _1,24 a~ . . 99 acres 1. 36 acres 8.22 acres The plan for Lot I as approved'by the City Council called for the following: 1. Food Store 2. Service Related Retail - Basement 3. Neighborhood Commercial 4. Employee Housing 5. Basement Storage 15,000 square feet 10,000 square feet 10,000 square feet 10,000 square feet 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 fi rst floor buiJding si ze by 2.000 square feet for an enclosed loading area. \Ie have scheduled the applicant for City Council agenda on June 14. 1976 to discoss this change and to report on Pl'ogress with the application. Also, we have included the mlnutes 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 tn 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. II -'-=--Y~~-:"'l~~.\.,\".;,~, '" f .. ...\\"',~ . .~ .."\, .. ~ ~ '.. . .' -!!........-.. .~, '" '~"'''''' ' .-- .~~........ Il.,,"., ',"'-, ..._!. ~~........--.. .. . ". . '4J ____...-.~_f · "",~>::::~c~~~=:\~~-~~';'~~:~': U> : _.. . (~"-,"~j;j-'" --.:...--. :.~~:.. ~. ..., ...........;.._',.":.,.........~.. ~.......... 'v · ,\/ ' "--"""-~.- "Q '. ~ "" 0 \~--i.' n~ "-. x.' ~l '. '-'> ,- .., ') "" igj}! ,~?3t:"\ k:' .._~ 8'. 8: ji. !~- 'Y~" ~ . .' "., I r ,'/.: ~~--'~=- I~' -' , ~") <0 J ~ ~/ . ~o: ' c<\~~ .J;.JJ - ;.;;.,--,. t.. }l' ....; ..... .... , ~j ~,I~f:-:;-"",-,::~~"__"~~",,,, ~', : it: ~~\ " ", ~ ./ ,," (/) .2. (/) ,... / --.J ""'\ '. t . / IY'\ ...... _r (- "~ : l: / · r . · ! "\'" (- ~.... 0 ~ i .. \- co en - ~' .' C; J . :,~~~ ~$1& ~ ~ . )~'-- ~: ( '\\\:~ f\ '0'.'.~ ';" (~:' ;~_.- ./ " :~;: . ./d .. , . v. I ;'~ ....,...._._. ' I r'" \. r ....-.J:..... ...~ .. ,... l. ,\\'_; \ r' ; ..~i ..._: ~ ~ \~ -)\ ~:'I'" '. ~~~-~." ~.>/)' \ '\ "- Q) .::; " ~ \' .. ... 'U ..:...J " \;; ';\ .... :,'(.,) == it" V, \(I.I::S ,,0, ' '. a:.o .- l . , '( - \ \ J: ~t 1,1/. ' .-0 .. ~ 1<-- 0.1 '. J' \' j . "', ) '\ f ';:1_ ;1:-. i -......-~...... r '" j '\ N. .' ,) ;' " " . " " , , ! , , i I . . , , , . " , " . , . \) ,'- <'\ c: ~o y- .- ~~~'~~ \~/;i.i " (.) '. ! ' ,.,P 0.\ \ " 6;...>:::- - ~ /._' ,,;::a (.) ..--....... ",,-,,' 0 >> .\ .G\..":; ,~ ..." \ :::'-..;J:: .~'<::, ~.' , . ,"/''!. '. ~. c' \' -o'~' "'\' co . ..\.;>~'; y- ':5 ,.~_.............-'o \.~ en ci (1.1 o "0 .. (1.1 Cl. a., i ' c, --"; ') ., '\. \ \ , \ ' ~, \ t ? c:;:.:~ .' .? \ ." , "-....-.-........................ c--.... I"~"') . -...: I ~ '-:........ . w'''-'~ ~. ,el i .~. . : ; ."" - ' / , . ,\ \\ - - - - o ...J ..."/ ' ' '.' ~ . fi -: I \. 1-,,,, "'-........... \ \ ( I , ) , I . " " 1\ : \.. '" . " ., -... ./ '- -..( /," rJ ". r----. \ ' ' .' '';- \ /r('~ \ r- ~. ~ '\ .~ ..,,\ < ) --' , (, , ". .~~ ..-.,-,....-- . _ H""'~' ;;;.,. .,. ~ /'.~ ,-., ~ .~ /17- "'2J2%..... cJ; Co~ 4 1.\..... ,2) 1'97~ _ OrJ. ~4- ~\ ' (f.{ too,1t.. 0 / P , '2Sr"2.- . ~ (sJ'~< A-~'c~ @ c,~ J__, '1.... {l~nq " , .It, ~~,~ ',;.. -"..;. CITY OF ASPEN v ' :~ 130 south galena street , ",.,/ '1';' . . ;'",,", asp e n ~,CO lor a.~ Q?' 81611 ,~~","', "'~' ""< .. ! MEMORANDUM DATE: January 4, 1979 TO: Members of City Council FROM: Ron Stock HE: Amendment to Subdivision Agreement of the Trueman Neighborhood Commercial Project The Trueman Neighborhood Commercial Project has encountered problems which were not anticipated or addressed in the Sub~ division Agreement. To solve these problems, I have negotiated with the developer to amend the Subdivision Agreement. I request and recommend your approval of this agreement. Dave Ellis does not agree with my position. I have included in the packet for your consideration a copy of his memorandum which expresses his opinion. Bas~cally, he agrees that problems exist which are unaddressed and unresolved in the Subdivision -,J' Agreement. Ilowever, he believes these problems were caused by the developer or that the developer has failed to address the problems when found. 70 a limited extent, Dave is correct that the developer's action has created part of the problem but I have found that the developer was willing to negotiate in good faith. Further- more, there seems to be no alternative in that if I follow Dave's argument to its logical conclusion, I must fail to negotiate thus leaving the Subdivision Agreement which we all know to be defective. Such action would not seem to be in the best interest of the community. For this reason, I request your approval. Drainage Improvements - Lot 2 The developer has sold lot 2 to the United States Post Office and the Post Office has agreed to construct the drainage improve- ments as indicated on plans previously approved by the City. r '-'1. ,-,) 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 ~mprovements. However, 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. 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. Puppy Smith Street - Above-Ground Lighting At the time of Council approval of the project, the Council conditioned its approval upon the developer agreeing to bear one-half of the cost of the above-ground lighting improvements on Puppy Smith Street. However, this condition was not included in the Subdivision Agreement. The agreement amends the Subdivision Agreement by making this a requirement upon the developer. "........ 1""'\' , ~) 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. liowever, 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. ,~ (:t X'r.. .;~ 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. His 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 occupanc~ when the structure must be completed before another ~ertificate 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 , . - ~} ,-.. ) MEMORANDUM TO: RON STOCK CITY ATTORNEY FROM: DAVE ELLIS CITY ENGINEER ~~ DATE: RE: December 18, 1978 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 xhe 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 hou~ 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 oJ 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 ,-., , 1'""\ j i ~ :~ '~ ,~ ) ,-".,."""""""'dd,?",,,,,..l,""'" .*,.,,,,",,~~<0'..,~~.,,,,W ,<, "-" ;".. """";~,,,,,,,,,,., ,,' "'li' ""-.,.,,,,,,,;,,,;J ~i;\;i.;~:~:i<'<f.:~w<,..ii::,i~~X~;0:.\;;~'~":~d';'';'~>;;(,;"'~:.;'~,~',~~S;,':0~;>~;:{'~';"~;~i<;';Jf~;r.;;ij;..L"';;;'i;;':; t - . P ,,-, '''''. ,~'" , N ',,-, ," '" ~ J' ", ~,'l '" t:,,_' ..' ;'; ;.,)' ~,~) I d. ,-,'." ~i' ., :," " ;:,: I","'.' 1 J~ ""., ",... . I I'" ., t'. -' ,",' l" t' ' - j..\J..Y J;... h_r.... '~<",~ ..IL _~i.. ,:1 _:.~L" /~ t . ~ " ,,"', ...."~~ ):r71r~ )(7.; ~Trr , i~}i~~Ld~f~ 'Y~'-~ ~ .t '" 1\ #"'0. ~.,..... ~'''i<l '-,.-;' ~ '" -.".1':....,. ...,. ~~."'l" ',',-- 'i ,) '.:_,~ f. (l ".',. t,' :' t- ;' ,,'~,'l; 'J ,; :; fj~, ('.Jl: ,,:,~'~:'1 .~ ~J~"h1r~'."~ ..>i_ ---.l;......'~"'."'..... \,....~..~.r:o...,........_,''''. Yi' ':{ {.~ G ...~ ,~; t. II;. ~.." .~. 1J_1l' \.~, !rt a i E\1 ~L~ (~ a ,Pi Q n <" "'~ ....,.. ~,;, O(G' "'_ J~.... 'j ~ ::'" H '~;: '" ..Ji. (~'i , (~ .f ~ :: l! <!.P It h... .I! '.c. '. MEMORflJH:lUM TO: City Planning COiln1lission and Aspen City Council FRQl'1: Planning St,~ff (B-lll Kane) Trueman Pl'operty - Conceptual Subdi vi s i on - RE: DATE: December 1, 1975 After careful rev; ei~ of the Conceptual Subd'i vis i on Pl"OpOSa 1 fOl" tho Trueman property we recommend in gen"ral: 1. A reduction 'in the size of the mllH:i-purposE' cOnll1lorcial building and 2. CleaY'er provision for a nevi road al ignment throu~h the site. ~IZE Or- COlI;MfRCII~L FACIUJJ.E.?. The property is currently zoned S.C. I. and N.C., Neighborhood Comm'~i'c'idl with a Speciall1 Planned [\':'00.' overlay. It is our understalld'in9 thii,t these zoning catagories vlore applied to establ'ish use r'egulution:; whi'le i n gener~.'i deferri ng to the S. P. 1\., revi e\~ process to determi no more detailed mi;,tters such as bulk, height, density, circulat'iem. etc. The applici\nts are at t.his time requesting conceptual approval for a 23,000 squal"e foot Post Office and an ildd'itional 75,000 squar'e feet for cOil""ercial, officp ohd residential purposes. An of the permitted lIses in the N.C. zone arc St;bl'litted helow along with the respective floor area limitations now provided for in the Code. Assuming that the Plan..ing Office recol;lmendation to I'f~duce food store areas fro.jj 20,000 square feet to 12,000 square feet is rejected, it is clear from the li s t thi: t the 'total range of permi tted uses in 'the N. C, zone woul d rcqui re 35,000 squat"e feet. . '<..F ~....: ,-., ~ ~~1[~IO Truei11<lt) flrOp0rty December 1, 1975 'Page T\10 H1.IG !l!l..9,? HOOD ..i:(':.!Y'iLI3..~JAL PERrlITTED USES FLOOR ARE!, LIMIThTIGI1 (Sec.24-3.6) SQU/IRE FEET Food S tOl-es Pharmacy Liquor St.ores Dry Cleaning & Laundry Pickup Bar-bel- & Beauty Shop Shoe Repa'i r Post Office Branch TOTAL FLOOR AREA REQUIRES 20,000 3,000 3,000 3,000 3,000 3,000 (Presumably not necessary) 35,000 , Assuming an additional 10,000 square fee~ for anticipated "cond'itional uses" and 6,QGO squar'e f,,'Oj; for ten (10) dVlel1ing units at 600 Squ2T(~ feet eaci1 it ,is hard to imiig'ine space i'equ'lrE'ments beYond 51,000 square -rect. This a 1 so, aSSUi'ies that the pend; ng recoi11,r:endati ons fo,' zoni I1g changes wi 11 not be heeded. vie reccmmend tha t <;n exaust'j V0 supply of ne'i ghborhood commcl'cj a 1 services could easily be provided in a 50,000 ~quare foct building.' In , addition \'ie ~ionder about the propriety of approving some 35,000 square feet of speculative space bccsed on the assumption that conditional uses wi 11 be granted prclcti ca lly at the will of' the developel^. i\ppl^OVa 1 for ,space for uses not Qcrmitted i the N.C. zone should be rosen/cd pendlng appropriate conditional use headngs. II 75,000 square foot )U1ldlr1g .' represents a Sl10PPl n9 center that I'Ii 11 draw upon the entire Aspen market area and is thus in fundamental controdiction to the intention of the NeighbcH'hood COr.1mercial zone which is in part "to allow convenience establishments as part of a nei(ihborhood, dC"signed and planned to be com- patible with the surround'ing ne'ighborhood". A'lso 25,000 square feet is shol'in for office space. The cur'rent zoning al11endm(~nts p:"opcsed by the Planning Office are predicated on the be'iief that too mu::h office space already exists \~ith 170,000 square feet currc;nt'ly under 'ccnstruct'ion. ROAD ALIG~t"ENT The plan fOI' Smu991el' and Reel r'loulltains', and p..e"cn;~ild to th,e Planning and Zoning a 1 i gnmcnt throuqh th,e Trueman property. . appro\'0d \'Ie rcCO!,JiHcnJ that prepared by thePl anni ng Office Commi ss i on call s for a n8\1 road \Ihile the plan hilS not bct::n 'MOl" c.y.IlGtC([t t..t. a t. CG. Reqular Heeting Motion Public Hearing "Carriage House" 1.1otion \ "'''';~''''f,",,,::n,,,,,'~=,,,,,~:''"''''', \ ^' ,-., RECORD OF PROCEEDINGS . 100 Loaves Aspen Planning and Zoning Commission June 1, 197G City Attorney Stuller asked the P&Z to consider an amendment to the code to give some enforcement technique if that is the understanding that P&Z has of the open ,space requirement. Collins opened the public hearing of the zoning code amendment to preclude the\~se of open space areas for conunercial use. There were no comnents from the public. Collins closed the public hearing. Hunt 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 Hunt is suggesting is when a public right of way is being used for co~~ercial activities that the open space should be able to be used in conjunction with that. ~hat 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. Hhenever activity is permitted on the public right of way, it will automatically be permitted on the abotting private pro- perty. HOt..-ever if it is a restaurant extension that will be left up to the Mall Commission to grant. Hunt moved to approve the zoning code amendment to Section 24-3.7{d) to preclude the use of open space areas for commercial uses vIi th one amendment. The provision should include an exception that would permit the required open space to be used for conIDercial purposes when used in conjunction with a permitted corr~ercial activity on abutting public right of way. This would allow those on and off the mall 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. Clark asked the Planning and Zoning to set a public hearing for the carriage house for June 15. The notices would be going out before Council acts on the request. Hunt moved to set a public hearing for the discussion of conditional use of the Stallard House Museum in the R-6 zone for June 15, 1976; seconded by Downing. All in favor, motion carried. Clark explained this is the public hearing on the prelim- inary plat for the Trueman Property Subdivision. New 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 'l'uesday 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, Don , -3- ~ ! ..:',~;'Y,II"'";"'C"'fC!d~~,,,3 "'~{~r",,~,,~!''!l<:<'?'':'$'o/' 'i'?'"~'",'!f'''f'''''':~r~;'J:~''F"i''''fl''''' "~'''''''"''\:'::~f , -p~:ning and Zoning commissi~ June 1, 1971 Esign was present to bring the members up to date on the ~rr.ueman development. 'rhe development is being done undm Ordinance 1171. 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. 'rhe 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 ~hanges in the concep ~tua1 presentations are: 1) the right-of-way on smuggler has been expanded trom 40 feet to 60 feet; 2) any plan approval on lot three fOr a year pending the decis~on 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 fr~m 1 3/4 acres to 2 acres; 5) and building changes. Yaw went over the plans with the commission members. Yaw asked to reserve Dremission to provide for in the future a stair and elevator for the apartments \-lhich will be added to the upper level in the future. Yaw also explained that he had talked to the planning staf 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 15% of the space; 3) and an operations and back room which accounts for 25% of the space. \'Ihat happens in the backroom is delivery, unloading, meat processing and taking vegetables out. Yaw suggested the following for the planning and zoning recommendation: Qne of the cardinal rules of floor planning is to have. all the space on one level. Hhen the request for the 2,000 sq.ft. down below was made, it was made before the developers had tall,ed to Associated Grocers and have been informed that it is not functional. Therefore, Yaw asked thatP&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 merchandiE 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 recon~ended 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 tYDe vehicles. Yaw mentioned he would look into that. Collins opened the public hearing for the subdivision plat of the Trueman Property. con~ents from the public. Collins closed hearing. preliminary There were no the public Motion Abbott moved to table the Trueman property pursuant to the ~on-site i..l}"eEect:!:9E,_2L the next regular meeting and completion of information frQ[n t!:lSJ_ Ci ty_. Engineer; seconded by-Hunt: . Motion Abbott amended his motion to continue this meeting to June 8 at 5: OQ.-E.J!L~...A.J:: whicil time there ~lilL'be an on- s-i te inspection of the 'l'rueman property; seconded by Hun t. All in favor, motion carried. -4- t ) r' ,-., ,-., \ ~~. j'M-'_"'_F_~-" "~" ..,,~. .:.;:.;.,>:Ji:~",6"'i~/"~M;i:;tv<':;;:ili~ii)~d'~:~i:~,,;;;;,k~'f;,>~:iI.;2~;';"';~i,'~,'~ TRU~MAN PROPERTY - ConceptuQl Subdivision ~<I ~9~1~ ~orter told Council that since the .la~:;t m€~e~i.z'HJ .DarryEdwards. had gotten together ithCity Attorney Stuller and a ~ote hd:1 been tldden to lot 4 . C).ty Attorney Stuller r,t. 00(1 that there \.;ere t\...o altcrnat.l.v€'s; CJ tb;>r f(1"'lb:~ ('t tvlO lot subdi.vi.sion, or til.-1KQ it ~~~l' i..{j~J. fiUalify the al1(,...,....t~c densi.t.:' .:....n thl..\ ('.lurtll. City ,"',tt()'tt':ey ~(,t\.1.11('lr: ~;:Iid ~hc did not support the pr()positlon of t\10 \.'$. foul: f but. v,'~s.askcd \'.'lwt.. acceptabl~ language to perpetuate what. Trueman wante.d to do, to ll.nllt the development rights.. porter told council there w~~e. three things. to (fQ over. j, how to t-rotd- th~ leftov(\r r-;nuc~ t't.,> 'I S, r:.>;') "C'~:;:-':~ '," .~'; .~ ,- .:.t' ,:, ~ :'C ~;i-'U-~'''~ en ':::~'.~ :~"c: ':'::'. ; },(".:'1:' ,~~t.:;_.l,,,;, . i:.q. ~'-l'-t. .," ' c~.(.;r -- p::.;~~v It.'J.;;. <'Vi)t-..::<"~..d...~; C0\11~Gi 1 had V0t~(.i. [\.11: 10, (lOLl S(lU,Are Lent:. c[,' :hf")using, 9ruc~.:ry store of 20,QOO square feet; 5,000 squar7 feet of other retail spar:c; Council had indicated that 15.000 squ;;\ro feet of off1.ce space on t.he second floor was to,-) much. p(.\r1-,er s.,iti he \..:mtcd to rediscnst. t})~ bnr~C'mC'nt. Councilmnn 1)e Cr()(]olrlo h<::ld objec't ~d to the Ih~alth club~ Tructnii.n said the he.n.lth club would be made avail..::.ble. to povple in the office-Sf man.1<Jcrs .of the. store. ~.nd anyone. else wh,? want(~~~to ~(li!l1.. The.t'e woul.d be about 100 mellibt.'r::;lupti.. Porter sa~d, he woul~ also l1.ke to l.ncl\ld~ ,:::L':).(')thcr5, 000 squa.re feet in the bn~emcIlt ~or servl.C~ \l~~CS .ll.ke TV repair, shoe sho?,;s:, sQlUcplnce b,zt\vecm office and hard retal.l space.. Th.l.s would be a total 10,000 Si'<!l\U-aro foot base- ment. councilman Bl:hrcndt. moved t.otable thi~ at: this time because the pl;.1nnlng dcpo.rtment has not seen or <lisc\\ss~d thi~; these people should. CJO to the planning d':er'<lrt.mont to ha.ve to pro-blf'i>.:; w\)rkcu out.; It is not. ready to be Ul front o-f Council; seconded by C',H,lI1cilwomun ~lvhnr~tvn. , Kane sr-id the 1~'rqc5t thinrys that rcm~in unr-:)solved are (l} org,;U1iz.'l.tl;tltltF and ultimate disposition otthc l.:md o1.nd (2) the sJ.z*; o~ the buildi.ng. . Karle recmmrc't'tdc.d a two lot. subdivision ;:,od -.l 45,000 squ.u:e foot bUl.ldJ..ng which would contai.n a 2,:m"QOO foot food .~",-",.........--.~ ......--.~ __N~"'''.l .,.-..,...... , .~.~._."",~',.. -' .,,'_......-.~ .~.~'"_...,-.- ,. - ~ " 1 l ~ . i " ~ ~ ij L, ....."--....... :0 d ) ".] /'> '.~'. ", '> 'e' ';" ""~ ,'}; I,::,! ;ii; >~ '/" .;c...'~ <:'- ,.\ ,;:: 'old Ii'. ;>", ";', ~:,;,~ '",~,: ;:():. ilk:: "1 ' , . ,:J ~ r f I i f i I \)!l.~,.,..".,= ~,l ..'....c'f,"<'!(:"')~5.,'c'.;'M~ ,-., r-, ~ ,.\.... < l' ''1.. . 'LJUt. " .. ~~ct..t in9 ._,_.____~____,_.~"'~..,.._)\SpCll3~i :tY."CQ1J.l,l9-~,~,..._._,", ....,....._.rcb~~,a l~y" ...~,,' ...l.~? ,6._.~.,..,.. .;;; J..."J.. _ __'"' _. ..__~_..,.__.______.~_...~._ .."---------,-~-_._---"...---.-----~-------~..--....-.,--.~..-.~_.- .. .~--.~_ Ii " 10,000 S\luare feet of incidcn~:al nei~hborhood ret-ai 1 uscs; ~O,OOO office sp.:{CC, i.lnd ;: tJ;,;":n~'s, 0'11 u.dditionnl 10,000 of hou1>~ng. Clty Attorney Stuller s.:ud tbc best api)roaC'~l r ;f;t~.'>~': ... i! t\o.'olot f;ubdivision, thi_s is t,he most :,ccure posit,ion for tile Cit,y. !'<Is. Stuller: ;".~ W IS approached that if 'l'rucn~an wn:\t.cd a four iot subd;.vision, what language ::~id \:; p~t ont-he pl~t to qualify development pot~ntial. The , A'iU" Standley said he could see no reason to table this project, the Council had been ~~~~)ng at a building of 45,000 square foot maximum. That is not what is presented t~1'.lht.. t1."l.>n,.::..=tc Wi~!; opp"sr;'d to t.he mot.hln. Mot.ion NO'l' carriE-d. 'I i, il 'j; "'':.. C1"".)" 1:ncincer Ellis pointed out that the road alignment was important in concept"J:al., It ~.;l dc~crmine lot configuration i3nd even placement of tho::: buildings.. Ellis said earlier i i~"..,as- noted that there .....ould ~ot be a through street connecting Spring with Hill through j .hc Rio Grande prope~ty~ Ellis told Council that if they accept the conceptual plan as i ;ho"" it. totally precludes doing anything on the City's side in the way of a ~ensible J t~lLffiC sit.uation. Ellis said he felt the road was shown t.oo far to th~ north. -. Ellis f G4id he would like to see elimi~ation of direct access by curb cuts and'service entries I on }'lill street bo.ck in the plan, compatible with any future regarding of Mill street. \ councilm,1.n !>~bl"cnat, rl';OV('rl nnt: to approve .the ~ubdivision a~~ to direct, t-he applicant: t.O <,;~t tc.-3~t.hcr \dUl-C~I,~ Cr}in2(!1.-in9 and planninSl office; zeconded l::;.J:' Councih:':Jrn,.:m :)cdersen. Mayor Standley stated there are basic constructs that are not acceptable to Council; (1) the road aligr.ment and probl~ms t.nat Dave Ellis he.s a,nd (2) size of t.he bui.lding. Kane recommended a 4S,~00 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 subdivisicns. 11 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. . I I )~ !] " I' Kane stated' 'in planning for the Rio Grande property, the planning office asked Council for :1 a decision on Spring street extension. Council's general pOlicy commitment was to drop the Spring street extension. When the Spring street extension \';as dropp,~d, Porter moved his road t..o the north to acconunodate more development. ..~ I I Councilman Wishart moved to table the Trueman project; seconded by Councilwcman Johnston. Mayor Standley said when the project comes back all things Council is tulkingabout should be included; road alignment, number of.lots in the subdivision, square footage, and tnat the planning office and engingeering. departments have recommendat.ions. All in favD~, motion carried. ! ,i ~ 'f f, ORDINANSE #2, SERIES Of 1976 - Electric Appropriations Mayor Standley opened the public hearing. the p~blic hearing. ~ ! There were n~ co~~ents. Mayor Standley closed Councilwoman Pedersen moved to read Ordi~ance #2, . Series of 1976; seconded by Councilman \iishart. .All in favor, motion carried. ORDIN~,NCE # 2 (Series of 1976) 't, II " I: Ii I i u f ;! , I':, I c;ouncilwoman Pedersen moved to adopt Ordinance #2, Series of 1976, on second reading; ~: J .seconded by Councilman t-vishart:. Roll call vote; Councilmfmlbers Behrendt, aye; De Grc(-!crio" & aye; Johns~on, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standle~, aye. Motion carried. AN ORDINANCE APPROPRIATING FROM ELECTRIC DEPARTMENT REVENUES FIVE TROUSANU ($S,OOO) DOLLARS FOR ENGINEERING CONSULTING COSTS INClDENT TO IllPLEgENTNCION 010'" THE ELECTRIC UNDERGROUNDING PROGRAM; A:~D AN ADDI'l'IONAL r~IVE TllOUS..'l\ND ($5,000) DOLLARS FOR LEGAL fEES TO PROSECUTE THE PROCEEDINGS PROTESTING THE PUB~IC service rate increase was read by city clerk if !i ., OiU>I};ANCI; #3-, SERIES OF 197~ - Employee Retirement ;: rr Mayor St.andley opened t.he pUblic hearing. Councilwoman Johnston told Council the Ct."ltnmi.t.t....c ucceptcd tJiC retirement plan without amendment. r.1ayor Standley clcsed the :)~.l.~:,l ic ::v~. ;,' ::. fIlJ, Councilman DeGregorio moved to .read 6rdinanc.~ ~3, Series of 1976; sec("'lnclcd by Council- woman Pedersen. All in favor, motion carried. ORnrn]\,:'~cF. # 3 (Serie" of 1976) ;\N O:tDINJ'l:NCE m.;p1::J\LING .Z\ND JU;ENi'.C'l'l~c.rl'HR E=-tPLOYt~ESt RR'i'IRF.:HE:-Jt.i.' PT1AN AND '1 HUST OF TlIE Cl'l"i OFA::-:iPCt'i; REPr,l..C:n~G THE PTIF.;.T:;NT 'l'HUS'1'EE l\ND.'\U'I'HORJZING .1\p!>l.TNTB'l'H!l.TION 01" 'i'I!J:-: Pf.,i\:-;: J\Nll 'l'HLS'f BY '1'liE r~E'1'In.E~.U':N'I' Cm,~:-11':'TT':r:: }\l'lD IHHEC'l'OR 011' l:'IHi'\NCE; EST1\nLH~l!_u~r: A FCltr:UUI,E BY VIH',j'HJ-: OF '..;!IICII 'l'Hr-: CO:-ITil.lmJ'fION f'~?''.!)E BY TIm CITY ~ntL VE.:J'1' '!:n l':i'1pr,OY!:F~1 t"\CCOHD1NG 'l'C) YI-:l\HS OJ" SE!WICr:: '1'0 'rUE Cl'l"l; r.':!'m.lIZlt~(j rr;l::.~:r[;~HJnr..r:: INVES1'!.tEHTS 1\NI) l\.U't110HlZIUG Tim CGt,U'llNGJ.,lNG OJ? PI~l\N L"UtmS, ALL 1\S !-10Hl~ PAwrICUI,AHLY DJ:~scn.II3I.m IN 'I'm:.: OHD1[~l\UCB was rend by tlH...1 city clerk. CounciJ""om...m P(~der~cn 1!I()vcclto ttdopt Or.'dinal"c:(! it3, ~cr.in!J(lf 1976, OJ) second rN.lrl.inC'!'; Sccond(~d by Councilman Wishart:. ",,'."'L"""';Yft>I.;.,.f<~"" -",;;.1$"''';.. ,. =!:" ;~'8",c>.< "':'~"I'""(~.,,.t&~.;r::,';'f('1C::~~'.~,,"'~:',~.,,~;iJl".'.' ", , -~,~, ,,~,'\' ,"".,,'''~,:.!,,'''' ,..,:~. ,''',.~N.'' . ,:.",""..~ ....'q'..., .';-~~ ., ;w,~........; :l!>v. ,,. """",' " "" .,,",.,,,,,,:,-, ' _ ",..,_ ~~~,~~,~~~:::.....~'1_:"7,:~~~?____,___~..__._,,,..~"~p'~~~~.;.C::..~,~'.;r..,S~~,~9 ~.,;~....y,___;~_".......,,__..1~..'l~~::X_,?_?,!,,~~~,9.]6 -. '__'"'___ '-'.'~""'''~' - -_._-,.,.~,",.__._...,_.,~..,..._--.....,.......;<,......,.-..,~~.----,........~......"......~-~.-.,.~--,--_..."'--_._._,.._--..-...-__...._-~................~.~..."""-".....-~_._,-~.~-- ~ II 11 " 'I " Ii i( /''''', ,'-' lO' ,.I'. . . .....--:' Zcke Clymer, fire department, told Council it was gett.ing to be a problem parking when 15 to 20 vchiclp5 suddenly <.:onverge on the fire department fer an emergency. Clymer ~!l}:ed if the Ci ly \oJould consider converting part of the park along the east side of the fire station for parking. Clymer suid that. daily, for.5ome reason, t',hree or four fire- me'n corne to the 5t.ot,ion to work J.nd UICl.'C is no place to park. Cl)'mer said converting t,h(,~ r.:c:r.k into a few pen.kinq pl':t:::cs 'vou.hl not: he o~.pcllsivc for the City. '1'11(... fire . di.s.trlct would st.and uny expenses; tho fire .jepartmcnt would uonatc time and equipment. . -. ~', i1.:iY9:r. St.andley said he would rather than this under advisement and look at alternatives su'ch",.as designating an official zone, or part of Cit:y Hall parking lot4 Mayor Standley direc~ed City Manager Mahoney to work with the fire department, get their requiroments, work, Quta solution and bring it back to Council. \. ASPENVI~~ - Reapproval of final plat MaYO~andley explained this project conformed to zoning, there were no problems, the Connt::il \'1a5 reapproving t.he subdivision4 . ,. . . . . Cou;tcl.lwoma', Pedersen moved tv reapprove AspenV~ew fl.nal plat subdivision; seconded by Councilman arry. I Councilwoman were none4 asked if there were any changes since the first approval. There All in favor, CLARENDON - Reapproval of final plat city Attorney Stuller told Council there has not been a recorded and accepted subdivision agreement. Also the Clarendon anticipates an exchanges of deeds to clarify the western ;: boundary 4 Council will have to authorize the Hayor to sign that deed. l Councilwcman Pedersen moved to reapprove the subdivision plat and accept for recordation. to authorize Mayor St~ndley to execute the subdivision agreement; and to authorize ~ Mayor Standley to execute the quit claim deed; seconded by Councilman Parry. CouncilwOlt1.an Johnston pointed out that there are -several blanks in the subdivision agrccment4 City Attorney Stuller said that Engineer Ellis had to calculate the amounts I for escrow and dedication fees. Clarendon will accept Ellis' estimates for these figures4 Councilwoman Johnston moved to amend the motion to include approval subject to the amounts being okayed by the City administration; seconded by Couhcilwoma~ Pedersen. Allin favor of the amendment, motion carried. All in favor of the main motion, motion carried. ~ Conceptual subdivision . Kane told Council the P & Z had approved the conceptual subdivision with a .general . ii' configuration of 23,000 square foot post office and 75; 000 square foot general commer- I'I cial building. The Council had tabled the conceptual subdivision at the last meeting Ii 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 I! mechanism that would allow the developers of the land to come back to Council and ask ij for further development. Porter's reduction is proposed to go from 75,000 square feet I!, to 55,000 square feet, Which includes 10,000 for housing. Kane recommended the 10,000 ~ square feet for housing only if coordinated \Y'ith the housing authority wi.th some II assurance that it be employee housing. Kane told Council there is 15,000 square feet IJ of office space being propo.\-~ed. The planning office is recommending, citY-\>lide, that If office space and retail/commercial be cut back. 'l'he planning office t s general position II is that if the developers feel this is a reasonable use of land, there should be some U assurance that this is preserved.as office space and not be converted into more rctai14 I~ Kane reminded Council there is a general downzoningproposal pending before P & Z4 One of the recommendations in this proposal is to take food stores from 20,000 to 15,000 square fcct4 'l'he planning office is recommending that 5,000 square feet be sacri.ficed from this buildiug, if the Council accepts a food store at 15,000 square II :::t~ortcr told Council this development is proposed SS, 000 square feet; 5, 000 ~~~~-r~-' + fec't in the ba!-';c;>ment that will be he-l1t.h faci.lity prJnl.lrily for people that will use I- I~b' ouildillq; ,~I.;,()nO ~:qU.ll'I..' .ll,,'L of n.'ldil '~;p,H:\:: 20,OOO~;qu~ln.' i()ol "rol.:t.!ry:~torc. On t:.OP of that 15,000 .squu!"(.! feet ofs(.!rvicc c.lnd doctor ,office space; on top of that. il' lO,0005qu~rc feet of housing. Porter said he had no problem going through the hOUSingll authority, or with the contingency on the offico space. ~ P.ort"f."r ~~..tid ;It". t.h0 lc1!;I: counci.l tn(~t't.i.nq t.hl.' Conncil hitcl CHSCUS5Cd phasinq t,he oriqinal i 7~},O()/)~HIU~lrl.' f()(Jt [H'o.i<.,t:t. l'ortl.'J." sai.d tht.~'y planned to ph.we till' construction also, abu"ting with the! rcti.lil first. C..,uncilm,Ln Uchrcnc1t asked for nn explanation of the conceptual block plan with dotted Ii,nen. Port(~r r'C'pliNl t..h05'~ \lerC futllt'e circuLlt.ion plllr1.$, tr"il dC'signationr;. 1'hesc .11'1' vI'r..,. CUI1'."I'I'1l1,11. {'o!:;:,; Im.lll I;'.ll1"'lhl! ;1::l',.'c1 by 11"vin'l ,I slIl,divi:;ioll with (",II 11,tn, ('II" ;"1 ti,l- I'":'! ull il"- .jj,d Ulll' 1(>1'111" ll'ld.iJ, i:.tlIL lit.. Clllllll_'il IlI,vniWJ .iL:.f.'lf up to pr\~n!';lll'('> fr'om UV' clf'vclopc,r: in tlw fUt"urp. Kane s"id vnry (l('finitply. K,:lnr~ silid Ull' l'oIHl'.il hOld f...11 th,"lt -1'1,00'1 nqll_I1" f"l'l' W.lr: hHI I,iq, hut-, /11.1).-''''' .\1' ~;()nH' t illu' i.ll t-ll~' ful.ul."...~ it w\Ju.ld l)t! jll:d i 1. ipd. '1'11(\ pLlIlllill'i 01 flc'" !:.lid lo cut thH.:k llw hui'J.dill\j ",' but lC..1vc ill the f:le~ibi.lily rOt" futllJ:C df..!vr.!lop(l\.l.~nl'. on th':lt site. ii f l [ ~~'i"'~?:fE~'ik~";"'<.i:'~; ;.,,,~;:!d,-:ij/::;;;d;t::":;;";:;lf.W~'.;'(d.s;,~;:1V:,":?! :'1/1:,;:;;..:,.';. ';""'~'::';'~';;:;'1~':;~i':t': ;'::;';i:""~,,,:i';l;-r<<ii!'f~-~""'M.r,;~"" ."' -, ;:"~":~';j,) "/'ti-,;;;;"":s;:.,,..,.t!:..~, ''''c...;","~,~~,;;:"..,,;';'-~":;Ii''~'00'~i:;;;;~0.:~:~0'~:'''0.0'~~T'li;~;';;;iJJ~,;;'.;d';:;"~~j':;':0;~ii:0~f ,-.. ,-., In. Regular Meoting IIspen City Council January 26, 1976 :::::::::.;: ::::::'-;:--l' ~::::::;:::~-~::'-.-::':::;:=':-':::::::: .::::::::":: ':;::=:;:::'::_'-::-~, '-;-- ::::'::::-_"" -..... ~:_-. :::"-=.:.:'::: :::'::;:~':':::_:'_:_"-::':'-.-" Councih~lc1n. Behrendt said if they subdi.vide once, there is a right to ':lse that land implicl I K';lnc sald J,f the balance of land _ were 17ft undeveloped and. made SPA, If would carrysomc blas for dcv~lopment. rl'he plannlng offlcc felt that the Slze of the proposed building ) represented too much ret.:l.i.luse of the site. 'l'hcy recommended that th(.~ si?;('I of the building be cut U<lc'k ilnd some otht.r nf.. cd<~d S/C/l uses be included on th<ltsi tc in the fuLur<:. K;Ule said crc.Jtinq two spcciillly pl.."'nncd areas \-!Quld creat.e a greilter responsi- Ibility on the Council and p& Z to appJ:ove a development on that site in th0future. Ci ty Attorney StuL.er explained that if the c1evelc.'per 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-con~on of lot 4, it could be a problem. i: I I I I I! Ii I , I .1 .,'; i I I I I 1 i '1 1 1 i I I ! "t,_. ~, "'~ Porter said he wanted 55,000 ~quare,feet with no obligations on behalf of the develooer or the City for anything in the future. When the need arises, the developer can corne back through some ,predetermined process. City Attorney S~uller 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 c0ntinuing to be a specially planned area. Councilman Behrendt asked what advantages accrued to the City to consider this develcpmen1 as a two lot subidivision.J1s. Stuller said the developer's disadvantage \,,"ould 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 furthex development, under SPA, the developer could corn~ back for more development. The Council did notimrly to corne 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. Nayar 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 pos't office. If people can go to one store and buy everything, one will not need to be trapsing allover town. Beamer told Council that one and a half million dollars were snent in Basalt and Glenwood with $50,000 sales tax lost and one million mil~s driven on Highway 82. <.rhis could be prevented by having a store here with sufficient space to keep people here. Kane replied that the City Market ,ip Glenwood is 20,000 total square feet with 4,000 square feet 'storage and 3-4,000. ac'cessory t,lse. Kane said the planning office ;,;as suggesting 15,000 square feet as a ",!-',ay. to. control against accessory junk items. They are concerned about bulk and massi~g of the 'building. Kane said that cross town ttaffic could not be eliminated. Councilwoman Johnston asked if the post office would be located on this site. Irv 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. Hans Gramiger questioned the allowed 82 parking spaces, and pointed out that normal Safeway procedure was to provide 3 sqUilrc feet for parking, driveways, walkways, landscape per every square foot of building. Gr?lmiger 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. ~. Uotion died for lack of a second. ,,,"__~..".__'~""" .__.._.,_.______"_._. __-.___,_, .! Councilman COllnci.lman curried. Behrendt moved to allow a 2~,OOO square foot store all inclusive; seconded by i:i~;h,lrt. 1\11 ill f<lvor, "".ith t.he t'xC'('ption of Councilmemb("r JOhll:;f.on. ~lolicln 'Ii Councilmnn lHshnrt moved to allow 10,000 square feet of residence conditioned on going 'I II through Goodheim's office and it be tied up with the housing authority; seconded by Ii Councilman Dc Gregorio. Councilmun llt"'h,1~0IHlt stlid Uw purpose of Lho hOllcin~l nllthority \,,",)5 to get proper~y into the nnds of people thilt c.:m't buy in thi.s town. A rental plan docs not protect that very group. Councilmiln \7'lisha.rt answer<.::'d by going thr.ough Goodhcd.m it docs not tic it to rental or salc~ this is conceptually trying to keep it for these people. ^ll i 11 f;avnl~, flIol tOil C~ll:r 1.1'(1. i " ~ ~ "."''''~''' .,_.., .......:.0....."... .~........~ . 1.. " ASPEN/PITI\JN ,;'::lanning Department " . 130 south galena' street asp en, ~ (' {} ] 0 r ~ do'" 8 I 6 II " 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: 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. ~1. 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. ..... ~ ~', .. ',,",.~.., '~""I".":J";.," "\"':":'," +.,- .'n_,'....... .., '.;::..:.~,.,..;,..<.. . .'-'P-"""'"'' .........-,..~. --',"" . .\ ( .../......;.1 . ~... ~~A"",-~ ...... 4... i i' I t , i ---...,,-.. ~ . ~- - 1'""\ 1'""\ Hcgular Meeting Aspen 'City Council January 26, 19"16 .:.::-:,:.:~::~:.::~,,,,:::::~';:::~~::::::::::.:::..."':::::'':.'.:''';::~:::'=:';:::-.::.:::::...,..........:,=..::=.==:::..:::::.~-;:'=::::=..."':"...::,"::::::::.::-:..'..,-~,--,-'*'.,---":::..,,_.......::.=-::::::::::::..::== F'or the "ccond floor uses, doctors end services offices, tohe planning office is recom- II mending t1.w,t t1~cybc c'ovcnan~ed to .those u~es spccif:ic <?dto ~topcrccping commcr.ciillicn, 0 II The plannJ.ng oi:fJ..cc w.:.tnts thIS ~]PilCC restr.lctcd to offlCC only so that the 1> & Z \II'ill not b(~ faced to conditional use hearings. l'1ayor Standley said he would be willing to I accept 15,000 S(lU~tt'e [eet. of bona fide office and medical tlGes. Councilm,""ln Parry said he felt i.t should he ()I')(~n to what. the nC'cd is; Counci 1 JW!1 no idea Wh':lt. t.he need will :i be. N.:\}'or Standley point~d out th,J.t that sets up rating of uscs; the developer can ~ rate other buildings in t.own. councilwoman Johnston moved thet Council detormine the footprint of the building at I this point; seconded by Councilman Behrendt. Councilmcmbcrs \Hshart, Pedersen, ~Tohnston!~ Behrendt in favor; CouncilmembersParry, De Gregorio; Mayor Standley opposed. Motion ' carried.. councilman De Gregorio moved to accept a 25,000 square foot footprint; seconded by Councilman Par~y.. Planner Kane told Council it was irrelev~nt 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 Councilman v~ishart. All in favor, motion carried.. " Councilman Behrendt moved to reject the health and recreational facility at 5,000 square!iI 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 j 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. r ~ 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.' DKane told Council there was a fairly tedious procedures to go. through rec;y'arding '-.'. ~ngineeringgUeS~ions. Council decided to consi~er this on the next agen~~. Councilman! De Gregorio !ert council Chambers. . . Irv Sherrick, u. S.. Post Office, told Council they Were under a mandate frotA 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 buildi.ng 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 #S9, SERIES OF 1975 - Vacating Alley 92 Mayor Standley opened the public hea~ing. 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 pub1ichearing.. Councilwoman Johnston moved to read Ordinance #59, Series of 1975, on second reading. seconded by Councilwoman Pedersen. All in favor, motion carried. - - --------- --, ---------,-,-- ____~-c..(~:~~~~N~~ ~~~5) .~--' .. --: -- ------,-,---,- -~-------~ 1..----:-::-, ",N ORnIN,,!;cr: \.:,\(".i\"!'IN(; liLT. OF ":'HF. P-T,t\TTY:n l\r,r.t'~YHJ\Y r,YPiG IN l\NO I3F:TNF:EN BI,t)Ci-\ 92, Ct.;,\" ,\:'.,U TO;'--::1:':T'n;0F i\:';!'U:, i'~;ll !,J,()Cj; l:}, E,\~;'l' A;;PEiJ i\nlJl'~'.~\n:AL TOI~NSITE (LYING "ESTERLY OF A NORTIIERLY 'EXTENSION OF' 1'IIE !-:,\51' LINE OF LOT 13, EAST ASPEN ADDITION) SAID VAC~TION BEING PURSUANT TO SECTION 43-2-301, ET.5EQ, C.R.S. 1973, AND BEING CONDITIONED ON RESERVATION OF RIGIIT-OF-\;l\Y FOR UTII.ITY LOCA1'ION AND Hl\INTENANCE OF' PUBLIC ,\CCESS TO l.O'r';:: l\D,l()nU:JC: 'I'm; V.\Ci\1'Y:O pnt~'.i'IO:~D OF 'l'HE 7\l,T.EYt.:.\y \',.<lS rc,'.d hy the cityclC'rk. ',.' Councilwom~n Peoersen moved to adopt Ordinance #59, Seric3 of 1975, on s~cond reading; seconded by Council\-"'Llm~m. Johnston. Holl call vote; Coun,,:,,:ilmCIU})Cr.!3 "~chrcndt, ayc; Johnst:o'n, uyc; Parry, aye; Pcdcrst:-.n, aye; Wi.shart, aye; Hayor 5,tu.nd~('y, aye.. Mot,ion c;u-rj"d.. 9..1.~N(:!~.J0..~.L-\~~!.!:n._~J~7~" - Hczoning . Thomil!1 T"rnpcrty t.e.) C, Conn("r.-vation Hilyor r.lt:itndle.y npclH.~c1 the public Iwa.rilll]. '1'ht~r(,~ were no comments. UClyor St.andley olo'sed t.he pUblic h~aring. ~ i' i I. " II ,<I, <)(' I.... ) 1'""\, .'-'" Special Meeting Aspen City Council 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 commercial 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 ~rchitecture, engineering and another Council approval. Then there will be reco~dation.o~ the PUD subdivision and the final zoning. Yaw mentioned they do need a qUlck dec~s~on; they are presently behind schedule. Yaw explained their Objectives; to provide a neighborhood service center that will 'be "a one-stop shopp~ng service, and Wl.ll prov1Qe space for the post officef to 'develop a project which is consistent with the conomics of the land, and to connect with the paths and pedestrian ~~~ms~~~city, and tp provide the City WIth reasonable rlex~b~i~ty wicn tne ~ea Mountain extension. - Yaw explained ~he 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, TO, 000 square feet of resident-ial; as, 000 square foot recreation facility. The total square footage would come out to 98,000 square feet. The parking would be ~or_ 300 cars. The~rchitects would like to have a shared parkinq concept. They would be able to have more efficient parking and less congestion on the Sl.te. Yaw told Council that they would not develo~on the panhandle for a period of five years and anyth~ng €fiat was developea-on-it wou~a-no~e--towara-c()naefunatIC)n~Tn~ right-of-~ay is 1.27 acres leaVing almost 7 acreS rema~n1ng. 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 8.22 Yaw mentioned that the planning office and the architects are not together on the concept of the neighborhood shopping center. The architects do not feel t:hat 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~~ other facil1t1es that--OOlong Wl.th a shopping center, i~ will create cross town trPtf.'fi'",- What is being proposed is something that takes all the basic service uses and puts th~Jn 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. I Yaw asked the councilme~ers what they thought about the"building. Councilman Behrendt said that he would not vote for a building over 40,000 ,square fee~; the food ~arket of 12,000 square feet plus 3,000 for storage is agreeable to him and the need for odd ~~ores 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:l.li t ional uses, too open ended. 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 he did not see any problem with the housing, but in terms of commercial space he \>lanted nothing over 40,000. square feet. The supermarket retail area shouldn't exceed 12,000 or 15,000 ~quare feet. Councilman Behrendt moved to adjourn the meeting at 6:30 p.m. seconded by Councilwoman Pedersen. All in favor, motion carried. Elizabeth M. Klym, Deputy City Clerk [ I ~ i II " [' . ~ ~ I, : i i j ;. ~ '. ! , " I :1 l ~~~:~\:1S\ :'!J[;?~:rl~,lP;?Jf:~~;%~~:::~~:0:~~?t:~~,;:t~,~>';; 1\1\'*\:s7f$~P:t:,j<';7~:,%*~~::,':~)i:?~<!3tfFf7rrE!]!/T!!;,~'J;xJrOffi!~~Er;;P?)'J:,:::dry' ''fb~'Z':R~~~~1~;~:' ?'f:"":o.'" ~-i;s:,,~{+"f~,~,;;..~::r:/ /~:...';~(\Y.@:f-:S'i"~ 1'""\ 19~ ,-., Special Meeting Aspen City Council December 23, 1975 _",,,,,,,,,,,~_,,..,~,,,,,"';"......y_,~,-,-,,_,,,____,,,__,,,_ ,.._.<_"'_____......._._......~_......__'_.__M............_____..__.,...___......._.."'.....,___~_._____ -.,..,....--.....,,,'-............-.....-. --..-- -~.-.......-._--~..-~.'._.----,_...._...._'..........~_...._.-~.-._---._.._,-" -_...~-;.,_. ------.-..............- . .. ORDINANCE n03 (Series of 1975) I I ! 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- TION TAP FEE REFUNDS, RED MOUNTAIN PUMP STATION, UTILITY MAINTENANCE PLUMBING SERVICE AND EQUIPMENT RENTAL; MID DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACT~mNT 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: Councilrnembers parry, aye; Pedersen, ayeiBehrendt, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ~..'". ~EMAN PROPERTY - Conceptual Subdivision and PUD ~, 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 Plann~ng offi~~ wvvlJ like co gee ~ dedication of some percentage for the possibi11ty of develop~ng a new access to ~ountain Road, and the s~z~ 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 downzonihg currently permits a 20,000 square foot supermarket. The planning office is recommending that a food market be 12,000 square feet with one ~t City Market, one on the Trueman property, and one at the West end of town. The site is zoned Service/ Commerci.al/ Industrial SIC/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 "corrmercial, SIC/I,-and specially planned area. The reason it was zoned this way; the neighborhood. conunercial 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- ~obile circula"tion. ,. I, I' II: '. 1: i: II 1\ I' " 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 t~e 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 wou*d 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. I ! I . II 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. ! I) I: I Mayor Standley asked Kane what would make the neighborhood commercial detract from the downtown area, for example iEa liquor store and drug store go down there., that would be aetracting from the downtown Area; however, they are essential to creating u neighbor- hood con~crcial 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 bral~ch. It i50nly for daily Shopping kinds of needs. The range of uses is the control for the commercial core. Councilman l'arry felt tht.t it woulc..l become a locc1,l shopping center anu Shops in the mtllls 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 toolarqe and would be creating competition for the downtown core. Councilman Wishart left the Council Chambers 1\ Ii I, -'~.''"''f ,1""\ 1""\ . , t) 6-' ' , "v..n -...-----.. .~ f/ . - ..._".."...J.J~., . January 21, 1976 Mr. Bill Kmle, Planning Director City of Aspen 130 South Galena Aspen, Colorado 81611 Dear Bill: Attached is our revised conceptual plan of the Tl'ueman property. As the map illustrates, we are requesting that Lot I accommodate a neighborhood community complex )'lith the following program: .' Basement - Health -and recreation facility for building residents and' employees 5,000, sq.ft. ,Ground floor - Grocery store Neighborhood retail , 20',000 sq. ft . 5,000 sq.ft. . Second floor Doctors and service offices 15,000 sq. ft. . Third floor - Residential TOTA~ 10,000 sq. ft. 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. ' r 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. ~inCerelY, ;~ . . I ----..' , , \(-i 0 \11'K~ Joe, A. Porter i/J'/pp \ . Attach. dcsign v.orldl0p. inc. 4 m<1idcn I:111C r<1lciah. north cilrolin:1 27G07 phone 919 833'5714 .. .\ ( . ",....""..",;.,'..", ,~ ._-'" ClTY/S:;OII!llTYP~ANNlN~~CI!: ~~-,::t30 S. GA!.ENA ASPEfli.COLORADO 81614 ~. ~rz,\. f'.".Qv~ . '40" t:2I!~. ~."'~' , "/.f. . "A~~/V~p , .~~~~... , - .."..., DB'" r,." '" I. .5233S! ~ Paepcke _ VJ--!t..~ 81iW"~<iJ(;J~~~ .~ u. Cf!j\J'J~Jt ;'J; ,"::/", j .1' ".- u.~.,-:..:.~..L...., '1 . I~(-- .1il il"\ !H'''''D (;, "'~:'') 'I I ,n t mHh IJ t::x;~J li Lt;~'<, ___--/"- - '";:;SPEN / pri'K1N CO. PlANNiNG OFfiCE ..