HomeMy WebLinkAboutcoa.lu.cu.300 Puppy Smith.Trueman.A5-95
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CASELOAD SUMMARY SHEET
city of Aspen
DATE RECEIVED: 01/19/95 PARCEL ID AND CASE NO.
DATE COMPLETE: 2737-073-51-001 A5-95
STAFF MEMBER~ fir, V
PROJECT NAME: Trueman Lot 1 Conditional Use Review
Project Address: 300 PUppy smith. North Mill station
Legal Address: Lot 1. Trueman
APPLICANT: Trueman Aspen Company
Applicant Address: 300 PUppy smith
REPRESENTATIVE: Philip Bloernsma 925-8603
Representative Address/Phone: 300 PUppy Smith
Aspen. CO 81611
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FEES: PLANNING $ 1020 # APPS RECEIVED 3
ENGINEER $ # PLATS RECEIVED
HOUSING $
ENV. HEALTH $
TOTAL $ 1020
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: -.2L 2 STEP:
P&Z Meeting Date Fd, :2/ , Iqr5 PUBLIC HEARING: @ NO
VESTED RIGHTS: YES NO
CC Meeting Date
PUBLIC HEARING: YES
VESTED RIGHTS: YES
NO
NO
DRC Meeting Date
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REFERRALS:
City Attorney Parks Dept. School District
city Engineer Bldg Inspector Rocky Mtn NatGas
X Housing Dir. Fire Marshal _____ COOT
Aspen Water Holy Cross Clean Air Board
city Electric Mtn. Bell Open Space Board
Envir.Hlth. ACSD Other
X Zoning Energy Center Other
DATE REFERRED: /1 Z) INITIALS: ~l.t! DUE:~lg
================d===============================================
FINAL ROUTING: Ittr"'AL DATE ROUTED: '3' 1-0. 1<;' INITIAL: ~
City Atty
Housing
City Engineer
Open Space
___Zoning ___Env. Health
Other:
FILE STATUS AND LOCATION:
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MEMORANDUM
TO:
Planning and zoning commission
FROM:
Mary Lackner, Planner
RE:
Trueman Aspen company/ Pitkin county Bank Conditional
Use Review - Public Hearing
DATE:
February 21, 1995
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SUMMARY: The planning Office recommends approval of the Pitkin
county Bank Conditional Use Review for a satellite branch office
within the Neighborhood Commercial zone district.
APPLICANT: Trueman Aspen Company and Pitkin County Bank,
represented by Philip Bloemsma.
LOCATION: Lot 1, Trueman Subdivision. The bank is proposed to be
located where Photo Lab Express is currently located near Clark's
Market.
ZONING: NC - Neighborhood Commercial zone district.
APPLICANT'S REQUEST: The applicant requests Conditional Use
approval to place a pitkin County Bank satellite branch office in
the NC zone district. This would be an operational office with
teller functions and related customer services. This location
would also have a walk-up night depository and an ATM.
Please refer to application information, Exhibit "A".
STAFF COMMENTS: Business and professional offices are conditional
uses in the NC zone district. The City Zoning Enforcement Officer
has provided the applicant an interpretation that this proposed
satellite branch office is classified as a "Business and
professional office" and is therefore subject to conditional use
review. A copy of this letter is attached in Exhibit "B".
The purpose of the NC zone district has been included in this memo
to provide the Commission with some background.
The purpose of the Neighborhood Commercial (NC) zone
district is to allow small convenience retail
establishments as part of a neighborhood, that are
designed and planned to be compatible with the
surrounding neighborhood, to reduce traffic generation,
and mitigate traffic circulation and parking problems,
and to serve the daily or frequent trade or service needs
of the neighborhood.
The Commission has the authority to review and approve development
applications for conditional uses pursuant to the standards of
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section 7-304:
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area comprehensive Plan,
and with the intent of the zone district in which it is
proposed to be located; and
Response: One of the goals of the AACP is to revise the permitted
and conditional uses of the NC zone district so that only local
serving uses are permitted. The purpose of the NC zone also
emphasizes neighborhood services and the reduction of traffic.
Staff believes the Pitkin County Bank conditional use meets this
standard as a bank generally serves the local community and traffic
trips may be combined to the post office, grocery store and bank
all in one location.
B. The condi tional use is consistent and compatible wi th the
character of the immediate vicinity of the parcel proposed for
development and surrounding land uses, or enhances the mixture
of complimentary uses and activities in the immediate vicinity
of the parcel proposed for development; and
Response: The bank will be compatible with the uses and character
of the immediate vicinity as the existing businesses in this area
are necessity and convenience oriented.
c. The location, size, design and operating characteristics of
the proposed conditional use minimizes adverse effects,
including visual impacts, impacts on pedestrian and vehicular
circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties; and
Response: The bank is proposed to accommodate an approximately 800
sq. ft. space. Pitkin County Bank has stated the following in the
application materials:
The satellite branch would be an operational office, and
it would house two to four staff members who would handle
a variety of duties, including new accounts, teller
functions, certificates of deposit, and all related
customer service. The branch would also include a walk
up night depository and a walk up ATM.
From this description of the proposed conditional use, staff does
not believe there will be any adverse impact on surrounding
properties by the proposed bank.
D. There are adequate public facilities and services to serve the
conditional use including but not limited to roads, potable
water, sewer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services,
drainage systems, and schools; and
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Response: All public utilities and services are in place at the
site.
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use; and
Response:
affordable
seeking to
new square
The entire Trueman project was required to provide
housing when it was developed. Pitkin County Bank is
occupy an existing space and will not be developing any
footage.
The Housing Office has reviewed this application and has determined
that the proposed conditional use will not result in a need for
additional employee housing. The Housing Office referral comments
are included in Exhibit "Cu.
F. The proposed conditional use complies wi th all addi tional
standards imposed on it by the Aspen Area Community Plan and
by all other applicable requirements of this chapter.
Response: This use complies with the Aspen Area Comprehensive Plan
and all other applicable standards.
STAFF RECOMMENDATION: Planning staff recommends approval of the
Pitkin County Bank Conditional Use review for a satellite branch
office to be located in the Trueman Subdivision, subject to the
following condition:
1. All material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other
conditions.
RECOMMENDED MOTION: "I move to approve the Conditional Use for a
satellite branch office of pitkin County Bank at Lot 1 of the
Trueman Subdivision."
Exhibits:
"A" - Application Information
"B" - Interpretation by Zoning Enforcement Officer
"C" - Housing Office referral comments
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Exhibit A
Trueman Aspen Company
300 Puppy Smith
Aspen, CO 81611
January 18, 1995
City of Aspen
Planning and Zoning Commission
130 South Galena Street
Aspen, CO 8161
Re: pitkin County Bank Conditional Use
Dear Commission Members:
Trueman Aspen Company is sUbmitting an application package
to the Planning and Zoning office in order to seek an
approval of a conditional use in the Neighborhood Commercial
zone district (sec. 5-212). The conditional use we are
seeking is "Business and Office Professional". Trueman
Aspen Company is requesting to use this permit for a banking
facility. FOllowing are the attachments and information
needed to begin the permit process:
1. The street address of the proposed site, located at
lot #1, is:
North Mill Station
300 Puppy Smith
Aspen, CO 81611
2. The applicant is Trueman Aspen Company
3. The authorized representative Of the applicant is
Philip B1oemsma, Agent and Property Manager.
4. Attached are the following:
a. A disclosure of ownership by way of 93'tax
notice
b. A floor plan of the bui19ing indicating the
proposed space (#211A) and a vicinity map
locating the property
c. A description of the proposed use from pitkin
County Bank
d. an explanation of how the use complies with the
standards of the Planning and Zoning office.
Thank you for your consideration in this matter.
S'
B1oemsma, Agent and Property Manager
(.
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Trueman Aspen Company
P.O. Box 5081
Aspen, CO 81612
January 18, 1995
City of Aspen
Planning and Zoning Office
130 S. Galena St.
Aspen, CO 81611
Re: pitkin County Bank compliance with P&Z review standards
Dear Commission Members:
The conditional use proposed by Trueman Aspen Company is
consistent with all standards and objectives of the Aspen
Area Comprehensive Plan. We are proposing a conditional use
of "Business and Office Professional" for the use of a
banking facility. The bank will be a convenience to the
local community. It will enhance the objective of the zone
district by serving the needs of the local that requires
convenience and ease with daily errands.
The conditional use is consistent and compatible with the
character of the immediate vicinity and enhances the mixture
of existing uses.
The impact will be minimal. The banking facility will be
operated by 2 to 4 employees. The Trueman building has
mitigated its employee housing quota with 17 on site
employee housing units. The shopping center has 110 parking
spaces which is more than adequate to handle the proposed
use. There will be virtually no visual impacts and the bank
will require no additional services in order to operate.
With this in mind, Trueman Aspen Company feels that the
proposed use is appropriate for the neighborhood zone
district. Thank you for your consideration.
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January 18, 1995
City of Aspen
Planning and Zoning Commission Members
Dear Members:
This letter is to express Pitkin County Bank's desire to locate a satellite branch at the
Truman Aspen complex at 300 Puppy Smith Street, Aspen, Colorado. The bank would
lease approximately an 800 sq. ft. space located in the complex next to Aspen Wine &
Spirit.
The satellite branch would be an operational office, and it would house two to four staff
members who would handle a variety of duties, including new accounts, teller functions,
certificates of deposit and all related customer service. The branch would also include a
walk up night depository and a walk up ATM.
Please review the attached diagrams for dimensions and an approximate layout of the
space.
Thank you,
Sheila Babbie
Assistant Vice President
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534 E. HYMAN AVE. . POST OFFICE BOX 3677 . ASPEN, COLORADO 81612 . PHONU03/925-6700
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ExhibitS
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January 4, 1995
ASPEN. PITKIN
PLANNING & ZoNI~G DEPARTMENT
Philip ,Bloemsma
Trueman Aspen company
P.O. Box 5081
~spen, CO. 81612
Dear Mr. Bloemsma:
I am responding to your letter to stan Clauson dated December 28,
1994. I consider a banking facility to be a business office under
the definition of "Office" as stated in section 3-101 of the Land
Use Regulations of the Aspen Municipal Code.
Business and professional offices are classif~ed as a conditional
use in the Neighborhood commercial (N/C) zone district in which the
Trueman Neighborhood Shopping Center is located [Section 5-
212(C) (7) of the Aspen Land Use Code]. Therefore, a Conditional
Use Review is'required to allow a business office. P,lease contact
Kim Johnson or Mary Lackner, City Planners, at 920-5090 to schedule
a 'pre-application conference. Conditional Use applications are
approved by the Planning Commission and take approximately 5-6
weeks to process,. ,
Please contact me if you have any further questions at 920-5104.
Sincerely,'
~~~
Bill Drueding
Aspen Zoning Officer
cc: stan Clauson, city Community Development Director
130 SoUTH GALENA STREET. AsrEN, COLORADO 81611 . PHO:,\[ 303.920.5090 . FAX 303.920.5197
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Exhibit C
MEMORANDUM
TO:
Mary Lackner, Planning Office
FROM:
Dave Tolen, Housing Office
DATE:
14 February, 1995
RE:
Trueman Lot 1 Conditional Use Review
Parcel ID No. 2737-073-51-001
The applicant is requesting a proposed conditional use for a
banking facility. The banking facility is to be operated by two to
four employees. The applicant states that a previous mitigation of
17 on-site employee housing units will cover this usage.
City Council granted final SPA approval on April 11, 1977 for the
construction of 15,000 square feet for a food store; 10,000 square
feet for service-related commercial uses; 11,208 square feet for
employee housing and 2,000 square feet for basement storage.
Section 7-301 (E) of the Land Use Code requires that the applicant
"commits to supply affordable housing to meet the incremental need
for increased employees generated by the conditional use."
The proposed conditional use should not result in any additional
employee impact, compared to the permitted uses. The current use of
the space is a retail/service (photo lab). The proposed use as a
business/office professional (bank space with 2 to 4 staff) should
not require additional employee housing.
referral\trueman\mit
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Exhibit A
Trueman Aspen Company
300 Puppy Smith
Aspen, CO 81611
January 18, 1995
City of Aspen
Planning and zoning Commission
130 South Galena Street
Aspen, CO 8161
Re: pitkin County Bank Conditional Use
Dear Commission Members:
Trueman Aspen Company is submitting an application package
to the Planning and Zoning office in order to seek an
approval of a conditional use in the Neighborhood Commercial
zone district (sec. 5-212). The conditional use we are
seeking is "Business and Office Professional". Trueman
Aspen Company is requesting to use this permit for a banking
facility. Following are the attachments and information
needed to begin the permit process:
1. The street address of the proposed site, located at
lot # 1, is:
North Mill Station
300 Puppy Smith
Aspen, CO 81611
2. The applicant is Trueman Aspen Company
3. The authorized representative of the applicant is
Philip B1oemsma, Agent and Property Manager.
4. Attached are the following:
a. A disclosure of ownership by way of 93'tax
notice
b. A floor plan of the building indicating the
proposed space (#211A) and a vicinity map
locating the property
c. A description of the proposed use from Pitkin
County Bank
d. an explanation of how the use complies with the
standards of the Planning and Zoning office.
Thank you for your consideration in this matter.
{
~,
Property Manager
Trueman Aspen Company
P.O. Box 5081
Aspen, CO 81612
January 18, 1995
City of Aspen
Planning and zoning Office
130 S. Galena St.
Aspen, CO 81611
Re: pitkin County Bank compliance with P&Z review standards
Dear Commission Members:
The conditional use proposed by Trueman Aspen Company is
consistent with all standards and objectives of the Aspen
Area Comprehensive Plan. We are proposing a conditional use
of "Business and Office Professional" for the use of a
banking facility. The bank will be a convenience to the
local community. It will enhance the objective of the zone
district by serving the needs of the local that requires
convenience and ease with daily errands.
The conditional use is consistent and compatible with the
character of the immediate vicinity and enhances the mixture
of existing uses.
The impact will be minimal. The banking facility will be
operated by 2 to 4 employees. The Trueman building has
mitigated its employee housing quota with 17 on site
employee housing units. The shopping center has 110 parking
spaces which is more than adequate to handle the proposed
use. There will be virtually no visual impacts and the bank
will require no additional services in order to operate.
With this in mind, Trueman Aspen Company feels that the
proposed use is appropriate for the neighborhood zone
district. Thank you for your consideration.
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January 18, 1995
City of Aspen
Planning and Zoning Commission Members
Dear Members:
This letter is to express Pitkin County Bank's desire to locate a satellite branch at the
Truman Aspen complex at 300 Puppy Smith Street, Aspen, Colorado, The bank would
lease approximately an 800 sq, ft, space located in the complex next to Aspen Wine &
Spirit.
The satellite branch would be an operational office, and it would house two to four staff
members who would handle a variety of duties, including new accounts, teller functions,
certificates of deposit and all related customer service, The branch would also include a
walk up night depository and a walk up ATM,
Please review the attached diagrams for dimensions and an approximate layout of the
space,
Thank you,
Sheila Babbie
Assistant Vice President
534 E. HYMAN AVE. . POST OFFICE BOX 3677 . ASPEN, COLORADO 81612 . PH(~NE 303/925.6700
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Exhibit C
MEMORANDUM
TO:
Mary Lackner, Planning Office
FROM:
Dave Tolen, Housing Office
DATE:
14 February, 1995
RE:
Trueman Lot 1 Conditional Use Review
Parcel 10 No. 2737-073-51-001
The applicant is requesting a proposed conditional use for a
banking facility. The banking facility is to be operated by two to
four employees. The applicant states that a preyious mitigation of
17 on-site employee housing units will cover this usage.
City Council granted final SPA approval on April 11, 1977 for the
construction of 15,000 square feet for a food store; 10,000 square
feet for service-related commercial uses; 11,208 square feet for
employee housing and 2,000 square feet for basement storage.
Section 7-301 (E) of the Land Use Code requires that the applicant
"commits to supply affordable housing to meet the incremental need
for increased employees generated by the conditional use."
The proposed conditional use should not result in any additional
employee impact, compared to the permitted uses. The current use of
the space is a retail/service (photo lab). The proposed use as a
business/office professional (bank space with 2 to 4 staff) should
not require additional employee housing.
referral\trueman\mit
ExhibitS
January 4, 1995
.
ASPEN. PITKIN
PLANNING & ZoNI~G DEPARTMENT
Philip,Bloemsma
Trueman Aspen Company
P.O. Box 5081
~spen, CO' 81612
Dear Mr. Bloemsma:
I am responding to your letter to stan Clauson dated December 28,
1994. I consider a banking facility to be a business office under
the definition of "Office" as stated in section 3-101 of the Land
Use Regulations of the Aspen Municipal Code.
Business and professional offices are classif~ed as a conditional
use in the Neighborhood Commercial (N/C) zone district in which the
Trueman Neighborhood Shopping Center is located [Section 5-
212(C) (7) of the Aspen Land Use Code]. Therefore, a Conditional
Use Review is' required to allow a business office. P,lease contact
Kim Johnson or Mary Lackner, City Planners, at 920-5090 to schedule
a 'pre-application conference. Conditional Use applications are
approved by the Planning Commission and take approximately 5-6
weeks to process: '
Please contact,me if you have any further questions at 920-5104.
Sincerely, ,:
~~~
Bill Drueding
Aspen zoning Officer
cc: Stan Clauson, city community Development Director
130 SOUTH GALENA STREET. ASPEN, COLORADO 81611 . PHOM 303.920.5090 . FAx 303.920.5197
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ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5439
MEMORANDUM
TO:
Housing Director
Zoning Administration
FROM:
RE:
Mary Lackner, Planner
Trueman Lot 1 Conditional Use Review
Parcel ID No. 2737-073-51-001
DATE:
January 25, 1995
Attached for your review and comments is an application submitted by Trueman Aspen
Company.
Please return your comments to me no later than February 8.
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MEMORANDUM
To: Mary Lackner
From: Chuck Roth (212-
Date: February 21,1995
Re: Truman Lot I, Conditional Use Review
There is a significant, existing site function deficiency at Lot I of the Truman
Subdivision, aka Clark's Market, that has been noted by both City staff and the
Neighborhood Advisory Committee, namely the lack of a sidewalk on their Puppy Smith
Street frontage.
The proposed bank use would result in frequent business customer visits. The lack of
sidewalk on their Puppy Smith Street frontage has been noted to be a matter of public
health, safety and welfare.
The construction of sidewalk along the Truman Lot I frontage on Puppy Smith street
would be completing a missing link in the sidewalk system in the area. This area has an
extremely high average daily traffic count of automobiles and delivery trucks which
further increases the need of that segment of sidewalk. The sidewalk would improve
pedestrian circulation as well as pedestrian safety.
The Engineering Department recommends that a condition of approval be provided that
the property owner install a sidewalk on the Puppy Smith Street frontage of their property
prior to issuance of a certificate of occupancy.
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cc: Leslie Lamont, Cris Caruso
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Trueman Aspen Company
pitkin County Bank
Conditional Use
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J. R. Trueman & Associates, Inc.
January 13, 1995
City of Aspen
Planning and Zoning Commission
130 South Galena Street
Aspen, Colorado 81611
Dear Commission Members;
J.R. Trueman and Associates, Inc., in its capacity as general
partner of Trueman Aspen Co., an Ohio limited partnership,
is authorizing Phillip Bloemsma to act as our agent in Colorado.
Mr. Bloemsma's address in Aspen is 300 Puppy Smith Street,
and he may be reached by phone at 303-925-8603.
Mr. Bloemsma has specifically been requested to help obtain
approval for a conditional use from the Planning and Zoning
Commission so that we can lease a portion of our facility to
a local bank.
If you have any questions regarding Mr. Bloemsma's authority
or our objectives, please contact me at 614-793-4618.
Sincerely,
CQ
Colin Trueman
Vice President
Ips
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'" PITKIN COUNTY TREASURER /',
SECOrJO-HALF TAX NOr'rtE / STATErvENT OF 8ALA"ICE l7'd'E FOR hX YeAR 1'193
TAXPAYER NAME:
REf1IT TO:
TRUEMAN ASPEN co.
A LIMITED PARTNERSHIP
94 ~OkTH HIGH ST., STE. 50
DOBLIN, OH
43017
PITKIN COUIHY TREASiilllR
DEPARTMENT #0601
DENVER, CO H0292-JGU1
(303) 920-5170
ASSESSED VALUATION
1,245,060
SCHEDULE # 0/06710
--------------------------------------------------------------.-----------.-----
PARTIAL
TRUEMAN
BLOCK
LEGAL DESCRIPTION:
TAX BALANCE DUE
INTEREST
18,744.68
0.00
LOT 1
------.-.----
TOTAL DuE
18,744.68
--------.-----------------------.---------------.-------------------------.-----
PAY~ENT MUST BE POSTMARKED BY JUNE 15, 1994. INTEREST ACCRUES AFTER THAT DATE.
CONTACT TREASuRER'S OFFICE FOR AMOUNT IF PAYING AFTER JUNE 15.
TO SAVE TAX DOLLARS, PLEASE USE YOUR CANCELLED CHECK AS YOUR !~ECEIPT. /
NO RECEIPT WILL BE SENT UNLESS YOU CHECK HERE. QC~\
)vIJ
pLEASE RETURN ONE COpy OF THIS STATEf1ENT ~ITH YOUR PAY~ENT~
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ASPEN/PITKIN PLANNING OFFICE
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and Trueman Aspen Company
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
Pitkin County Bank and Trust Conditional Use
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 77 (Series of 1992) establishes a fee structure for Planning Office applications
and the payment of all processing fees is a condition precedent to a determination
of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or
scope of the proposed project, it is not possible at this time to ascertain the full
extent of the costs inyolved in processing the application. APPLICANT and
CITY further agree that it is in the interest of the parties to allow APPLICANT
to make payment of an initial deposit and to thereafter permit additional costs to
be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be
benefited by retaining greater cash liquidity and will make additional payments
upon notification by the CITY when they are necessary as costs are incurred.
CITY agrees it will be benefited through the greater certainty of recovering its full
costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for
CITY staff to complete processing or present sufficient information to the
Planning Commission and/or City Council to enable the Planning Commission
and/or City Council to make legally required findings for project approval, unless
current billings are paid in full prior to decision.
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PUBLIC NOTICE
RE: TRUEMAN LOT 1 CONDITIONAL USE REVIEW
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, February 21, 1995 at a meeting to begin at 4:30 p.m.
before the Aspen Planning and Zoning Commission, 2nd Floor Meeting
Room, City Hall, 130 S. Galena st., Aspen, to consider an
application submitted by Trueman Aspen Company, requesting approval
of a conditional use review to allow a satellite bank branch in the
Neighborhood Commercial (NC) zone district. The property is
located at 300 Puppy smith street; Lot 1, Trueman. For further
information, contact Mary Lackner at the Aspen/Pitkin Planning
Office, 130 S. Galena st., Aspen, CO 920-5106
s/Bruce Kerr. Chairman
Aspen P1anning and zoning commission
Published in the Aspen Times on February 3, 1995
-----------------------------------------------------------------
-----------------------------------------------------------------
City of Aspen Account
COf1J (-.0 pt~ IJLeun~~
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COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5439
:)
January 25, 1995
Philip Bloemsma
300 Puppy Smith St.
Aspen, CO 81611
Re: Trueman Lot 1 Conditional Use Review
Case A5-95
Dear Philip,
The Community Development Department has completed its preliminary review of the captioned
application. We have determined that this application is complete.
We have scheduled this application for review by the Aspen Planning and Zoning Commission
at a Public Hearing to be held on Tuesday, February 21, 1995 at a meeting to begin at 4:30
p.m, Should this date be inconvenient for you please contact me within 3 working days of the
date of this letter. After that the agenda date will be considered tinal and changes to the
schedule or tabling of the application will only be allowed for unavoidable technical problems,
The Friday before the meeting date, we will call to inform yuu that a copy of the memo
pertaining to the application is available at the Community Development Department.
Please note that it is your responsibility to mail notice to property owners within 300' and to
post the subject property with a sign at least ten (10) days prior to the public hearing, Please
submit a photograph of the posted sign as proof of posting and an aftidavit as proof of mailing
prior to the public hearing.
If you have any questions, please call Mary Lackner the planner assigned to your case, at 920-
5106.
Sincerely,
S~~lff
Administrative Assistant
apI.ph
SPECIALLY PLANNED AREA DEVELOPMENT AGREEMENT
LOT 1, TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT
.f
THIS AGREEMENT, made and entered into this / day of
rJIIV'tMI:Xf , 1996, by and between the City of Aspen, Colorado, a
Colorado Home Rule Municipality (the "city"), and Trueman Aspen
Co., an Ohio Limited Partnership, (hereinafter "'frueman").
RECITALS
1. Trueman is the fee simple owner of Lot 1 of the final
plat for Trueman Neighborhood Commercial Project, recorded April
8, 1977, in Plat Book 5 at Pages 70-75, Pitkin County records
(the "Property").
2. The Property is zoned S/C/I and NC and Specially
Planned Area (SPA), as reflected on the plat.
3. Trueman and the city entered into that Subdivision
Agreement for Trueman Neighborhood Commercial Project on or about
April 8, 1977, which agreement is recorded in Book 327, Page 25,
Office of Pitkin County Clerk and Recorder.
4. By correspondence dated March 28, 1995, Trueman
submitted to the City a conditional use and SPA varlance
application requesting that 17 uses be added as permitted uses to
the property.
5. A duly noticed pUblic hearing was conducted by the
Aspen Planning and Zoning commission on June 6 and June 20, 1995,
to consider the application for SPA amendment, and the
Commission's recommendations were forwarded to the Aspen city
Council for consideration.
6. The Aspen city Council considered the Planning
commission's recommendation and held public hearings on March 25,
April 8 and August 12, and found that certain uses should be
permitted on the Property as specified in Ordinance No. 8 (Series
of 1996) entitled "An Ordinance of the Aspen City Council
Granting a Specially Planned Area Amendment for the Trueman Aspen
Co. to Add Several New Uses to the Approved SPA Plan," a copy of
which is attached hereto and made a part hereof.
7. This Agreement is entered into pursuant to paragraph
"6" of the Ordinance which requires that a new SPA agreement with
the City be filed within 180 days from the date of approval by
the City Council.
NOW, THEREFORE, in consideration of the premises, the mutual
covenants herein contained and the adoption of Ordinance No. 8
(Series of 1996) and the recordation of said Ordinance in the
1
111111I1111I11111111111111I11111111111111I1111111111111
411580 12/12/1997 01:54P PUD AGRE DAVIS SILVI
1 0' 5 R 26.00 D 0.00 N 0.00 PITKIN COUNTY CO
Office of the Clerk and Recorder of Pitkin County, Colorado, it
is hereby agreed as follows:
1. Permitted Uses. city and Trueman agree that the
following uses are considered approved as "service related
retail" uses on the Property, commonly known as Lot 1, Trueman
Subdiyision SPA, and also known as Lot 1, Trueman Neighborhood
Commercial Project, as appearing in the final plat for the
Trueman Neighborhood Commercial Project, recorded April 8, 1977,
in Plat Book 5 at Pages 70-75, Office of Pitkin County Clerk and
Recorder:
Bakery
Barber & beauty shop
Builders supply
Cabinet sales & repair
carpet/flooring shop
Catalogue sales
catering service
Craft industry
Dry Cleaning
Equipment and goods rental (excluding sporting goods rental)
Furniture store
Hardware and home repair shop
Key shop
Laundromat
Paint supply shop
Plant supply and florist
Pet supply shop
Plumbing seryice and fixture sales
Printing and publishing
Radio station
Shoe repair
Small appliance repair and sales
Teleyision service and sales
The following uses are hereby added to the uses permitted by
right on Lot 1, Trueman Subdivision SPA:
Second hand store
Office supply
Children/toy store
Bookstore
Appliance store
Arts and crafts supply store
Lot 1 shall also haye the permitted uses listed for the NC
and SCI zone districts, and is subject to conditional use reyiew
for the uses listed as conditional uses in the NC and SCI zones.
2. Maintenance of Seryice Related Retail Uses. Trueman
agrees that in order to maintain the balance of NC and SCI uses
2
11111111111111111111111111I1111111111111111111111111111
411580 12/12/1997 01:54P PUD AGRE DAVIS SILVI
2 0' 5 R 26.00 D 0.00 N 0.00 PITKIN COUNTY CO
on the Property it shall maintain at least Ten Thousand (10,000)
net leasable square feet for "service related retail" (SCI) uses.
The remaining net leasable square footage may be utilized for NC
uses.
3. Amendment to Final Development Plan. City agrees that
this agreement shall serve as an amendment of the final
development plan for the Property with regard to the uses and
restrictions hereinaboye set forth, sufficient to satisfy the
requirements of paragraph "6" of section 1 in Ordinance No. 8
(Series of 1996).
4. General Provisions.
(a) Notice is to be giyen to the parties to this agreement
shall be deemed given if personally delivered or if deposited in
the united states mail to such parties by registered or certified
mail at the address indicated below, or at such other addresses
as may given upon written notice by the parties or their
successors and assigns:
If to the City of Aspen: Planning Director of City of Aspen
130 S. Galena Street
Aspen, Colorado 81611
with a copy to:
City Manager, city of Aspen
130 S. Galena street
Aspen, Colorado 81611
with a copy to:
city Attorney, City of Aspen
130 S. Galena street
Aspen, Colorado 81611
If to Trueman:
Trueman Aspen Co.
c/o Colin Trueman
94 North High street
suite 50
DUblin, OH 43017
and also to
The name and address of the then owner
of Lot 1, Trueman Neighborhood
Commercial Project, as reflected in the
records of the Office of the Treasurer,
Pitkin County, Colorado, with regard to
the mailing of tax notices
with a copy to:
Thomas R. Brownlee, Jr., Esq.
Bricker & Eckler
100 South Third street
Columbus, OR 43215-4291
3
1111111111111111111111111111111111111111111111111111111
411580 12/12/1997 01:54P PUD AGRE DAVIS SILVI
3 of 5 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CO
with a copy to:
Paul J. Taddune, Esq.
Paul J. Taddune, P.C.
323 W. Main street, suite 301
Aspen, CO 81611
(b) Binding Effect. The provisions hereof shall be binding
upon and constitute a burden upon the title to the property and
shall inure to the benefit of Trueman, the city and their
respective successors and assigns.
(c) Applicable Law. This agreement shall be subject to and
construed in accordance with the laws of the state of Colorado.
(d) Severability. If any of the provisions of this
agreement or any paragraph, sentence, clause, phrase, word or
section or the application thereof in any circumstances is
invalidated, such provision, paragraph, sentence, clause, phrase,
word or section shall be seyered from the agreement and the
remainder shall remain in full force and effect.
(e) SPA Amendment and Conditions. This agreement contains
the entire understanding and agreement between the parties hereto
with regard to the implementation of the approvals set forth in
Ordinance No. 8 (Series of 1996) and the amendment of the final
SPA development plan pertaining to Lot 1, Trueman Neighborhood
Commercial Project pursuant thereto, and City agrees that the
recordation of this will be accepted as fulfilling the
recordation requirements for the SPA plan.
(f) Reasonableness. In all dealings with one another, in
connection with all determination or interpretations that are to
be made pursuant to this agreement, the parties hereto, their
agents, employees, designees and affiliates and any third parties
called upon to make any determination pursuant to the proYisions
of this agreement shall conduct themselves reasonably, fairly and
in good faith.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and year first written above.
CITY OF ASPEN, COLORADO, a
Municipal Corporation
By:
~ 8~....fi:-
J fin Bennett, Mayor
ATTEST:
4
1111111111111111111111111111111111111111111111111111111
411e80 12/12/1997 01:e4P PUD AGRE DAVIS SILVI
4 of e R 26.00 D 0.00 N 0.00 PITKIN COUNTY CO
TRUEMAN ASPEN CO.
By:
Jame R. Truema ociates,
cr'Jl.ner .~
colin Trnem,n, ~reSident
By:
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
~ day of R~ , 199'$,.- by John Bennett as Mayor
and Katherine Koch, as Clerk and the/city of Aspen, Colorado, a
Municipal corporation.
\1Nltn~~s my and official seal.
My, commission expires: 0/:-11/CfQ J.
\~lll"i ---,-1' ~(!~rtL/
" Po In\' Not~ Public
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STAT,E,OF OHIO
,~ V,.
COUNTY OF' f.eM,u"..
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) ss.
)
I.. The foregoing instrument
~ day of tJOv.....I3e'1t
President of James R. Trueman
Trueman Aspen Co.
was acknowledged before me this
, 1996, by Colin Trueman, as Vice
Associates, General Partner of
witness my hand and official
.)Ly commission expires:
" .
seal.
Brian J. Bleichrodt
Notary Public, State 01 Ohio
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411580 12/12/1997 01:54P PUD AGRE DAVIS SILVI
5 of 5 R 26.00 D 0.00 N 0.00 PITKIN COUNTY CO
LAW OFFICES OF
PAuLI. TADDUNE, P.c.
November 5, 1996
323 WEST MAIN STREET. SUITE 301
AsPEN, COLORADO 81611
PAUL}. TAD DUNE, P.e.
WILLIAM K. GuEST, P.C, OF COUNSEL
ANDREW H. BUSCHER, OF COUNSEL
Kathryn Koch
Aspen City Clerk
130 S. Galena
Aspen, CO 81611
Dear Kathryn:
Submitted herewith in connection with Ordinance No. 8 (Series
of 1996) and for signature by Mayor Bennett, please find "Specially
Planned Area Development Agreement, Lot 1, Trueman Neighborhood
Commercial Project" signed by Trueman Aspen Co.
Assistant City Attorney David Hoefer has reviewed and approved
the form and content of the Agreement. By copy of this letter, I
am also forwarding informational copies to David Hoefer and Stan
Clauson.
Please proyide me with a copy of the fully-signed document
after it has been signed by the mayor and recorded by the city.
Thank you in adyance for your assistance in this matter.
Very truly yours,
PAUL J. TADDUNE,
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---
Paul J. Taddune
PJT/rb
Enclosure
cc: Colin Trueman
Philip Bloemsma
Bo Brownlee
c: \WP\PAUL\LT\KOCH. 114
SPECIALLY PLANNED AREA DEVELOPMENT AGREEMENT
LOT 1, TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT
;-I
THIS AGREEMENT, made and entered into this I day of
tJCJ'ftM.iN.r , 1996, by and between the city of Aspen, Colorado, a
Colorado Home Rule Municipality (the "city"), and Trueman Aspen
Co., an Ohio Limited Partnership, (hereinafter "Trueman").
RECITALS
1. Trueman is the fee simple owner of Lot 1 of the final
plat for Trueman Neighborhood Commercial Project, recorded April
8, 1977, in Plat Book 5 at Pages 70-75, Pitkin County records
(the "Property").
2. The Property is zoned S/C/I and NC and Specially
Planned Area (SPA), as reflected on the plat.
3. Trueman and the city entered into that Subdivision
Agreement for Trueman Neighborhood Commercial Project on or about
April 8, 1977, which agreement is recorded in Book 327, Page 25,
Office of Pitkin county Clerk and Recorder.
4. By correspondence dated March 28, 1995, Trueman
submitted to the city a conditional use and SPA yariance
application requesting that 17 uses be added as permitted uses to
the property.
5. A duly noticed public hearing was conducted by the
Aspen Planning and Zoning Commission on June 6 and June 20, 1995,
to consider the application for SPA amendment, and the
Commission's recommendations were forwarded to the Aspen city
council for consideration.
6. The Aspen city council considered the Planning
Commission's recommendation and held public hearings on March 25,
April 8 and August 12, and found that certain uses should be
permitted on the Property as specified in Ordinance No. 8 (Series
of 1996) entitled "An Ordinance of the Aspen city Council
Granting a Specially Planned Area Amendment for the Trueman Aspen
Co. to Add Several New Uses to the Approved SPA Plan," a copy of
which is attached hereto and made a part hereof.
7. This Agreement is entered into pursuant to paragraph
"6" of the Ordinance which requires that a new SPA agreement with
the city be filed within 180 days from the date of approval by
the city council.
NOW, THEREFORE, in consideration of the premises, the mutual
covenants herein contained and the adoption of Ordinance No. 8
(Series of 1996) and the recordation of said Ordinance in the
1
-.
Office of the Clerk and Recorder of Pitkin County, Colorado,' it
is hereby agreed as follows:
1. Permitted Uses. city and Trueman agree that the
following uses are considered approved as "seryice related
retail" uses on the Property, commonly known as Lot 1, Trueman
Subdivision SPA, and also known as Lot 1, Trueman Neighborhood
Commercial Project, as appearing in the final plat for the
Trueman Neighborhood Commercial Project, recorded April 8, 1977,
in Plat Book 5 at Pages 70-75, Office of Pitkin County Clerk and,
Recorder:
Bakery
Barber & beauty shop
Builders supply
Cabinet sales & repair
Carpet/flooring shop
Catalogue sales
catering service
Craft industry
Dry Cleaning
Equipment and goods rental (excluding sporting goods rental)
Furniture store
Hardware and home repair shop
Key shop
Laundromat
Paint supply shop
Plant supply and florist
Pet supply shop
Plumbing seryice and fixture sales
Printing and publishing
Radio station
Shoe repair
Small appliance repair and sales
Television service and sales
The following uses are hereby added to the uses permitted by
right on Lot 1, Trueman Subdivision SPA:
Second hand store
Office supply
Children/toy store
Bookstore
Appliance store
Arts and crafts supply store
Lot 1 shall also haye the permitted uses listed for the NC
and SCI zone districts, and is subject to conditional use review
for the uses listed as conditional uses in the NC and SCI zones.
2. Maintenance of Service Related Retail Uses. Trueman
agrees that in order to maintain the balance of NC and SCI uses
2
"
on the Property it shall maintain at least Ten Thousand (10,000)
net leasable square feet for "service related retail" (SCI) uses.
The remaining net leasable square footage may be utilized for NC
uses.
3. Amendment to Final Development Plan. City agrees that
this agreement shall serve as an amendment of the final
development plan for the Property with regard to the uses and
restrictions hereinabove set forth, sufficient to satisfy the
requirements of paragraph "6" of section 1 in Ordinance No. 8
(Series of 1996).
4. General Provisions.
(a) Notice is to be given to the parties to this agreement
shall be deemed given if personally delivered or if deposited in
the United States mail to such parties by registered or certified
mail at the address indicated below, or at such other addresses
as may given upon written notice by the parties or their
successors and assigns:
If to the city of Aspen: Planning Director of city of Aspen
130 S. Galena street
Aspen, Colorado 81611
with a copy to:
City Manager, city of Aspen
130 S. Galena Street
Aspen, Colorado 81611
with a copy to:
city Attorney, city of Aspen
130 S. Galena Street
Aspen, Colorado 81611
If to Trueman:
Trueman Aspen Co.
c/o colin Trueman
94 North High Street
Suite 50
Dublin, OH 43017
and also to
The name and address of the then owner
of Lot 1, Trueman Neighborhood
Commercial Project, as reflected in the
records of the Office of the Treasurer,
Pitkin County, Colorado, with regard to
the mailing of tax notices
with a copy to:
Thomas R. Brownlee, Jr., Esq.
Bricker & Eckler
100 South Third street
Columbus, OH 43215-4291
3
,
with a copy to:
Paul J. Taddune, Esq.
Paul J. Taddune, P.C.
323 W. Main street, suite 30l
Aspen, CO 81611
(b) Binding Effect. The provisions hereof shall be binding
upon and constitute a burden upon the title to the property and
shall inure to the benefit of Trueman, the city and their
respective successors and assigns.
(c) Applicable Law. This agreement shall be subject to and
construed in accordance with the laws of the state of Colorado.
(d) Severability, If any of the provisions of this
agreement or any paragraph, sentence, clause, phrase, word or
section or the application thereof in any circumstances is
invalidated, such provision, paragraph, sentence, clause, phrase,
word or section shall be severed from the agreement and the
remainder shall remain in full force and effect.
(e) SPA Amendment and Conditions. This agreement contains
the entire understanding and agreement between the parties hereto
with regard to the implementation of the approvals set forth in
Ordinance No. 8 (Series of 1996) and the amendment of the final
SPA development plan pertaining to Lot 1, Trueman Neighborhood
Commercial Project pursuant thereto, and City agrees that the
recordation of this will be accepted as fulfilling the
recordation requirements for the SPA plan.
(f) Reasonableness. In all dealings with one another, in
connection with all determination or interpretations that are to
be made pursuant to this agreement, the parties hereto, their
agents, employees, designees and affiliates and any third parties
called upon to make any determination pursuant to the proyisions
of this agreement shall conduct themselyes reasonably, fairly and
in good faith. '
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and year first written above.
CITY OF ASPEN, COLORADO, a
Municipal Corporation
By:
John Bennett, Mayor
ATTEST:
I I
Katherine Koch, city Clerk
4
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TRUEMAN ASPEN CO.
By:
ociates,
By:
Trueman, V1ce res1dent
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing
day of
and Katherine Koch, as Clerk
Municipal Corporation.
instrument was acknowledged before me this
, 1996, by John Bennett as Mayor
and the city of Aspen, Colorado, a
witness my and official seal.
My commission expires:
Notary Public
)
)ss.
)
STATE OF OHIO
COUNTY OF r.e,w.u.,,,,
I~_ The foregoing instrument was acknowledged before me this
~ day of !Jov".....tJeK , 1996, by Colin Trueman, as Vice
Pres1dent of James R. Trueman Associates, General Partner of
Trueman Aspen Co.
witness my hand and official
My commission expires:
seal.
Brian J. Bleichrodt
Notary Public, Slate 01 Ohio
N'~~~~~l::;
C:\WP\PAUL\MS\TRUEMAN.SPE
5
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--~~...--,-_..--
Aspen/Pitkin Community i"2,..
, Development Department 2731-{) -
130 South Galena Street c;} _DO I
Aspen, Colorado 81611
(303) 920-5090
City Land Use Application Fees:
00113-63850-041 Deposit
.{)3855-042 Flat Fee
'{)3860-043 HPC
'{)3875-046 Zoning & Sign Permit
MR011 Use Tax
11/0;70' GO
County Land Use Application Fees:
00113-63800-033 Deposit
'{)3805-034 Flat Fee
'{)3820-037 Zoning
'{)3825-038 Board of Adjustment ,
Referral Fees:
00113-63810-035
00115-63340-163
00123-63340-190
00125.{)3340-205
County Engineer
City Engineer
Housing
Enviromental Health
Sales:
00113-63830-039
.{)9000-145
County Code
Copy Fees
Other
Name:..."L~a.':\.:Li1:i~o(" .
Address: ~ "f J\J. H, f IL~1 . } Sf e :UL_
lJ 11 h / I i:4-Q..J:t-'::J.1.c, 17 -II 0 0
Total_rjD';;~OO
Date: I /1'1 hs Check:..QQ.7..':f2.J
project:..T..t:U.~.9-.12.Ei~
en, (1'ld,i..fD,:tJ.Q,cLJI~
Case No: ~:.:l!L
No, of Copies :3
Phone: