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HomeMy WebLinkAboutordinance.council.008-96 ORDINANCE NO. g (SERmS OF 1990) AN ORDINANCE O1~ THE ASPEN CITY COUNCIL GRANTING A SPECIALLY PLANNED AREA AMENDMENT FOR THE TRUEMAN/ASPEN COMPANY TO ADD SEVERAL NEW USES TO THE APPROVED SPA PLAN WHEREAS, the Trueman/Aspen Company, as represented by Phil Bloemsma, submitted an application for an SPA amendment to the Planning Office; and WHEREAS, the applicant has requested that 17 uses be added as permitted uses to Lot 1 of the Trueman Subdivision pursuant to the SPA amendment procedure of the Aspen Municipal Code; and WHEREAS, a duly noticed public hearing was held by the Aspen Planning and Zoning Commission on June 6th and June 20, 1995 to consider the application for SPA amendment; and WHEREAS, the Commission recommended approval for a "florist" to be added to the conditional uses to be considered for the Trueman SPA and to maintain the existing balance of SCI and NC uses within the project by a 4-3 vote. WHEREAS, the Aspen City Council having considered the Commission's recommendation for an SPA amendment at public hearings on March 25, April 8 and August 12, 1996, finds that certain new uses may be permitted on Lot 1 of the Trueman Subdivision and be consistent with the requirements of the Municipal Code and with the underlying zoning of the project. Council also regarding space; and WHEREAS, Council has clarified the 1976 approvals by specifying "service related retail" uses, and by finding that restricting the affordable housing units to long--term rentals does not require a deed restriction and that the City does not intend to construct a sidewalk along Puppy Smith Street at this tinge and that the owner will be required to participate in the cost of construction of a sidewalk, if and when the City determines it is desirable. NOW~ THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: 1. The following uses are considered approved as "service related retail" uses on Lot 1 of the Trueman Subdivision SPA: 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 service and fixture sales Printing and publishing Radio station Shoe repair Small appliance repair and sales Television service and sales 2. The following uses be added to the uses currently permitted by right ou Lot i of the Trueman SPA: Second hand store Office supply Children/toy store Bookstore Applim~ce store Arts and crafts supply store 4. Lot 1 may have the permitted uses listed for the NC and SCI zone districts aud is subject to conditional use review for the uses listed as conditional uses in these zones. 5. In order to mah~tah~ the balance of NC and SCI uses in the project the applicaut shall maintain at least 10,000 net leasable square feet for "service related retail" (SCI) uses on Lot 1. The remaining net leasable square footage may be utilized for NC'uses. 6. The applicaut shall file a new SPA agreement with the City of Aspen withh~ I80 days from the date of approval by City Council. Failure on the pm't of the applicant to record the final development plau and SPA agreement within a period of 181) days following its approval by city conucil shall render the plan invalid. Section 2: That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by auy court of competent jurisdiction, such provision dud such holding shall not affect the validity of the remaining portions thereof. Section 4: Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the salne shall be continued and concluded under such prior ordinances. Section 5: A public hearing on the Ordinance shall be held on the 8th day of April, 1996 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBI4IS?~E? as provided by law, by the City Council of the City of Aspen on the ~- day of ~/d.~..&~. , 1996. John Bennett, Mayor ATTEST: ~ty Cl~rk FINALLY, adopted, passed and approved this f°~ day of ~A?.~, 1 996. John q3ennett, Mayor ATTEST: Kathryn S. g~ch, City Clerk This exbibit illustrates the 23 uses approved in the 1976 approval process that are considered "service related retail". Next to each use staff has indicated whether the use is permitted or conditional in the NC or SCI zone districts. Not listed is used if the use is not listed in either of these zones. Bakery - commercial bakery permitted use SCI Barber & beauty shop - NC permitted use Builders supply - SCI permitted use Cabinet sales & repair - SCI permitted use Carpet/flooring shop - NC conditional use Catalogue sales - SCI conditional use Catering service - not listed Craft industry - SCI permitted use Dry Cleaning - NC permitted use Eq~ipment and goods rental- SCI permitted use Furnlture store - not listed Hardware and home repair shop - NC conditional use Key shop - not listed Laundromat - SCI conditional use Paint supply shop - NC conditional use Plant supply and florist - not listed Pet supply shop - not listed Plumbing service and fixture sales- SCI permitted use Printing and publishing ~ SCI permitted Use Public health and exercise facility - not listed Radio station - not listed Shoe repair - NC permitted Small appliance repair and sales - SCI permitted Television service and sales - NC permitted Of these 24 uses, twelve are currently permitted in the SCI or NC zone district, five are conditional uses in the SCI or NC zone districts, and seven are not listed in these zones. Staff has provided the following analysis for the uses that are not listed in these zones as they m'e now considered permitted by right for Lot 1 of the Trueman Subdivision, with the exception of the public health and exercise facility. Bakery: A commercial bakery is a permitted use in the SCI zone district. There is currently a commercial bakery in the basement of the Clark's Market building. The difference between a commercial bakery and a is the ability for a bakery to have over-the-counter sales. Catering service: Catering service is not a listed use in any zone district. This may be appropriate use for the basement m'ea as long as no on-site public sales is offered. Furniture store: Staff was recommending that a furniture store be added to the Trneman Lot 1 SPA amendment as a conditional use. Since furniture stores vary in orientation to their customers staff wanted the ability to review this use under the conditional use requirements. Key shop: Roger's Lock Repair has been in the center since 1979 and is appropriate for this location. Plant supply and florist: Staff was recommending that a florist be added as a permitted use to this SPA as it is consistent with the intent of the NC zone district. Pet supply shop: Staffwas recommending that a pet store be a conditional use to see that it is oriented towards the local population. Public health and exercise facility: According to the minutes of the January 26, 1976, Aspen City Council meeting, the proposed public health and exercise facility was rejected by Council for approval on Lot 1 of the Trueman SPA. Therefore, although this use is listed on the uses proposed for the basement, it was rejected by Council and is not considered a permitted use for the SPA. Radio station: Staffhas not considered this site for a radio station. Staff believes a radio station is more appropriate in the Office zone district or one of the commemiaI core retail areas as it is more related to office type use.