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HomeMy WebLinkAboutminutes.apz.19670222 RECORD OF PROCEEDINGS 100 Leaves FORllro C.F.HOECKELB.B.& l. co. Regular Meeting Aspen Planning & Zoning February 22, 1967 Meeting was called to order at 5:00 P.M. with the following members present: Chairman Tom Benton Mead Metcalf George Heneghan Councilman William McEachern Sam Lum PUBLIC HEARING _ HANS GRAMIGER - Request for rezoning Block 52, Lots A, B, C, D, & E Mr. Gramiger preferred to outline his request rather than reading of the application, Mr. Gramiger stated this was not a strict application for change from tourist to business as he did not want the fringe benefits of business district as the building would not be as high as allowed in the business district and also set backs would be maintained. Mr. Gramiger request his application be made a part of the minutes. Gentlemen: In accordance with the prov~s~ons of the "City of Aspen Zoning Code" Title XI, Section 11-1-12 (entitled "Amendments") and in oompliance with the Colorado Revised Statutes 139-60-1 thru 139-60-10 as amended, I herewith request that the City of Aspen Planning and Zoning Commission initiate the necessary legal procedures to amend, supplement, change and/or modify the present zoning restrictions (T-tourist) encumbering the Main Street parcel of land of the following legal description, to wit: LOTS A, B, C, D & E, in Block 52, CITY and TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. to allow the utilization of said lots for the construction of an Automobile Service Station and/or Underground Parking Facility and/or Underground Bowl- ing Recreation Center. This request remains well within the intent and purpose of Article 60, Colorado Revised Statutes 1953, as amended which: (a) encourage the most appropriate use of land (b) promotes health, safety, and general welfare of the community (c) favors zoning regulations des;gned to lessen congestion in the streets and to facilitate adequate provision of transportation (d) recommends that all such zoning regulations shall be made with reasonable consideration, among other things as to the peculiar suitability of all land for particular uses, and with a view to conserving the value of buildings and adjoining properties. This applicant for Zoning-Modification herewith agrees to adhere to the presently required side-yard setback between the adjoining property to the east and the subject property ; and that any and all proposed structurs shall be in strictest conformance with the Regulations for the Fire-District #1 and that he will maintain the present height-restriction as applicable under the T-Tourist District. The design of the proposed structures shall have to be approved by the Aspen City Council and/or the City of Aspen Planning and Zoning Commission and/or RECORD OF PROCEEDINGS 100 Leaves fOR'" ,a C.F.HOECKELB.B.8:L.CO. Reg. Meeting, P & Z, Feb. 22, 1967, continued. a panel of local Architects having been appointed by the City of Aspen Planning and Zoning Commission and/or the City Council of the City of Aspen. The subject property is located within the present"Tourist-District" which will continue to act as a buffer for nearby land of residential character and/or nearby land zoned "Residential". This is not an attemtp to "spot-zone" but rather an application of the modern concept of the floating-zone principle which is peculiarly suited to the Tourist-Economy of Aspen. There is a definite need for an additional Automobile Service Station. An Automobile Service Station designed to please the "Aspen Image" will be an asset to this Main Street location (South-East Corner of Intersec- tion between West Main Street and Second Street) and Aspen in general. There is a definite need for a Bowling-Recreation-Center for Aspen Residents, seasonal Transients and visiting Tourists. The possibility to combine this important Recreation-Use with a necessary Service-Use in an aesthetically designed building is a step in the right direction to upgrade our town. Envisioned utilization of the subject property made possible thru a Zoning-Modification is compatiable to the present character of the neigh- borhood and the location of the subject property is particulary suited for this use because the accepted Aspen Area General Master Plan recommends four-laning Colorado State Highway #82 along the full length of its Main Street route. This application for a modification of the present zoning restrictions applicable on the subject property takes into proper consideration the fact that approximately two and one-half Blocks of Main Street property from the western boundry of the present "Business'Zone" to the subject property are mostly developed in newer buildings for which no Zoning modification is either necessary or solicited, nor desireable. There is no land available within the present Business District or the proposed enlarged "Commercial-l District" which is equally suitable for the use as a site for an Automobile Service Station and/or Bowling- Recreation-Center. The majority of the adjoining landowners and the Aspen Landowners in general feel that this Main Street location is a logical place for the proposed construction of an Automobile Service Station and/or Bowling- Recreati6n~Center and that such an utilization of land will not have an adverse effect on neighboring or adjoining properties. The Aspen Area General Master Plan advocates that the present downtown area become more pedestrian-oriented and that Businesses relying 100% on automobile traffic should locate elsewhere. It is a logical conclus- ion that the envisioned neighborhood commercial Service-Business to be located on the South-East corner of the intersection on Second Street and Main Street will reduce traffic congestion in the downtown area while it will simultaneously protect the traffic-carrying capacity of Main Street (which is to be improved to four lanes). ..- RECORD OF PROCEEDINGS 100 Leaves fOR'" ~~ C. F. HOECKEL B. B. a L. 1:0. Reg. Meeting, P & Z, Feb. 22, 1967, continued. The Aspen Area General Master Plan states on page seven under "Accommod- ations/Recreation": "A broad designation developed to cover several specific groupings of accommodations, related commercial facilities and recreation areas, which are the planning area's basic economy. The intention is to encourage varied and interesting development as a means of perpetuating Aspen's prominence as a quality resort while protecting its setting from pro- liferation of dispersed visitor sites lacking in character and interest. Principal uses vary by location and scope of development". Only the "floating-zone principle" can guide Aspen's future growth. Standard zoning principles (successfully applied elsewhere) will not bring about the desired results for Aspen. A little forsight now can prevent the present trend of establishing a Restaurant-Row, Block area of Condominiums, three block area with Gas Stations on every corner, etc., etc. Because of the language used in Section 11-1-12 (a) 1 thru 3 and (b) 1 thru 3 I am enclosing two checks, one in the amount of $30.00 and one check in the amount of $15.00 both made out payable to the City of Aspen. May the City of Aspen Planning and Zoning Commission be guided into right action during their study and recommendations as Aspen's position as foremost Winter and Summer Resort is now challanged by nearby new developments of extremely competitive character. /s/ Hans R. Gramiger Mr. Gramiger stated he felt there was a need here for more recreation for the tourist as well as the residents and a bowling alley coupled with a gas station would be a multiple use which would be more desirable to investors. Chairman Benton stated Mr. Gramiger, under the present zoning ordinance, is applying for a zone change. Bowling alleys are not allowed in this zone and gas stations in any zone are subject to the Board of Adjustment. Mr. Gramiger stated the Aspen Image is against the typical service station, so has designed a station with an entrance that looks like the entrance to an apartment house, which would blend in with the rest of the town and buildings in that area. Mayor Barnard arrived. Mr. Gramiger submitted and explained sketches of the building and plan showing buildings and gas stations along the main street through Aspen. Francis Whitaker arrived. Mr. Gramiger stated the intent of the Master Plan is to keep auto traffic out of the downtown area, also anticipate Main Street will be four laned. Tourist growth will be to the west. The proposed enlarged business area has already been built up with businesses. This building would be subject to the Planning and Zoning Commission or City Councilor local Architects for control of the architecture. RECORD OF PROCEEDINGS 100 Leaves FORM I! C.F.HOECKELB.B.IlIL.CO. Reg. Meeting, P & Z, Feb. 22, 1967, continued. Mr. Gramiger submitted an excerpt from a manual called Colorado Municipal Zoning Law and Practices by the Colorado Municipal League and a copy of Greeleys zoning ordinance relating to conditional zoning. Four petitions were submitted by Mr. Gramiger. #1 - 25 signatures of property owners within a 300' radius of the proposed change: #2 - 65 signatures of property owners within the City; #3 - 7 signatures of non- property owners; #4 - 6 signatures of County residents working in the City. Letter to Mr. Gramiger in favor of the change from Dr. Fink was read by Mr. Gramiger. Feels this would be an asset to the City. Mr. Gramiger stated he did not feel the gas station would be a traffic hazard. The following letters were read by Chairman Benton: Gentlemen: I would like to voice a protest against the request for a zoning change on West Main St. I do not think a service station in the center of Main Street would be an added attraction to our beautiful City of Aspen. Also, I have seen traffic congested on the corner of 2nd and Main with cars turning into the lodges across street from said property; with another turn off, especially a service station it would become very confusing. Even now during our peak seasons it takes five or ten minutes at times to enter Main St. on that corner. Also this has been a quiet conservative neighborhood, which I am sure it will not be with a service station, regardless of how nice it looks. /s/ Mrs. Laurence M. Elisha P.S. Also if a station was not wanted in the far west of Aspen, I would not think it would be wanted in the Center of Main St. Dear Sir: I shall be pleased if you would record my objections to the proposed filling station at 2nd and Main. I am opposed to this proposition on the grounds that: (1) it is a direct variance from the master plan; and (2) provides precedent for other variances in the future. While I am not opposed to variances from zoning in the case of undue hardship, it would seem to defeat the very purpose and philosophy of a Master Plan to issue variances therefrom merely to promote the sale of land. /s/ Donald E. Copelin "' RECORD OF PROCEEDINGS 100 Leaves FORM 10 C.F.HOECKELB.B.I!tL.Co. Reg. Meeting, P & Z, Feb. 22, 1967, continued. Sirs: I have been informed that there is to be a hearing regarding a zoning change for the lots opposite the Aspen Floral and Greenhouse and The Christmas Inn. These lots are on West Main Street between 2nd and First Streets. If this zoning change is a "spot zoning", I am unconditionally opposed. This would set a bad precedent or continue a poor one. I am also opposed to allowing a gasoline or service station to be built on this property especially if this requires a change in zoning or a variance to the existing zoning code. If you wish a detailed list of my reasons for this attitude, I would be very gald to send you such a list for the record. /s/ Irv Shechter Aspen Floral & Greenhouse I am unable to attend this meeting. But I am opposed to the re-zoning of this area. /s/ Dorothy C. Tidwell Gentlemen: We herewith wish to submit our objections against the rezoning of Lots A, B, C, D, & E in Block 52 of the City of Aspen, for the following reasons: 1. As residents in this block, we would not want to see a filling station and bowling alley constructed on the corner of Main and Second Streets because of the noise, traffic congestion, and fumes. 2. The congestion, due to heavy traffic, is now very bad on Main Street as a whole, and the additional traffic which would result from having a filling station and bowling alley built on this specific corner would make it substantially worse. 3. Without controlled traffic signals, traffic would have to wait even a longer period of time than it does now in order to get on to Main Street from the north and south. 4. Regardless of how attractive this new proposed structure might be, and even though the bowling alley will be built underground, the noise will still be there when people arrive and leave (particularly late at night). 5. As parents of school childre, we strongly object to the proximity of this proposed structure at the Aspen Elementary and Middle Schools, again because of the increased traffic. 6. Our personal feeling is that a structure of this nature should be constructed on the outskirts of a city the size of Aspen, if we are to keep Aspen a beautiful city. 7. Only 5 blocks to the East of station situated on Main Street , this proposed site is a large gas and 2 blocks further is an even larger one. . RECORD OF PROCEEDINGS 100 Leaves FOIl'" '0 C.r.HOECKELB.B.& L. 1:0. Reg. Meeting, P & Z, Feb. 22, 1967, continued. What business would the new one attract? Does a town the size of Aspen need 5 filling stations? /s/ Hugh A. Chisholm /s/ Edith S. Chisholm Mrs. Elisha was present and stated the gas station would make a definite traffic hazard as at present it is hard to get on to Main Street and children have a difficult time crossing the street. Erwin Knirlberger was present and stated he was in favor of a filling station in this area, all gas stations are on highways. The zoning in Aspen is terrible, the City is not a beautiful City. There should be a difference made in zoning relating to those businesses that are strictly tourist and those that are not. Mrs. Shechter was present and stated Mr. Gramiger has not submitted plans only sketches. The plans may be different from the sketches. St~ed she was against spot zoning as it will set a precedent. This would cause a traffic hazard getting on to the heavilly travelled Main Street. Asked where parking would be for the bowling alley. Gramiger stated the bowling alley would be two stories underground with parking the first story underground. Ruth Whyte was present and stated she was just generally opposed. Clara Gagne was present and stated getting on to Main Street anywhere in town is a problem. Would rather see a bowling alley there than a motel or ~partment house. With the bowling alley underground there would not be a noise problem. Mrs. Chisholm was present and stated the filling station would mkae this block even more congested than it is now. Mr. Gramiger stated the uses that require parking should be out of the business core and go along with the Master Plan. Feels the petition bearing 25 signatures of those people within 300' radius should be read, as they are the people most concerned. The City condones the present service stations for parking on the sidewalks, this would have a retain- ing wall so there would not be any parking on the sidewalks. There being no further comments Chairman Benton closed the public hearing. Mr. Whitaker stated the Commission has 2 choices since conditional zoning cannot be considered. Either recommend to the Council rezoning to Com- mercial or deny the request. George Heneghan stated the figures Hans has given exceed the height limitations. Mayor Barnard stated he was against it as it would open this up to other people wanting something of the same sort. Mead Metcalf stated he was against spot zoning but in favor of creative planning. -, RECORD OF PROCEEDINGS 100 Leaves FORM 10 C.F.HOECKELB.B.6L.CO. Reg. Meeting, P & Z, Feb. 22, 1967, continued. Chairman Benton stated Jerry Brown feels to consider a change the whole area would have to be studied. Mayor Barnard made a motion to recommend to the City Council that this request for rezoning be denied. Seconded by Councilman McEachern. All in favor, motion carried. CAPITAL IMPROVEMENTS PROGRAM - Underground Parking - Letter to the City Council was referred to the Planning and Zoning Commission requesting further information as to financial feasibility of Underground Parking. Chairman Benton appointed Francis Whitaker, George Heneghan and himself as the committee to work on this. MINUTES - Sam Lum moved to approve the minutes of the last meeting. Seconded by Francis Whitaker. All in favor, motion carried. Administrator Wurl was present to discuss the subdivision regulations. Would like clarification of street surfacing standards to be soil cement. This should be shown or indicated in the regulations. Discussed if streets should be paved before buildings and utilities are put in, or if the streets should be paved at all. Discussed the follow- ing alternates to this: waiting for one year before paving, performance bonds or agreements stating the people would participate in a street improvement project when and if the City agreed to pave the streets in the subdivision. GENERAL ANNEXATION POLICY - Wurl requested the Planning and Zoning think about the area they feel should be annexed. Chairman Benton asked Mr. Wurl if he could attend the next meeting to discuss this. Mayor Barnard moved to adjourn at 6:30 p.m., seconded by Sam Lum. All in favor, meeing adjourned. i -~- . /- _.J~/ /~~-;Z~~. ':..<:'~---.. / ~ ~orraine Graves, Secretary