HomeMy WebLinkAboutLand Use Case.CU.300 Puppy Smith St.A40-95
"
,..."tI
,
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 3 /31/95
DATE COMPLETE: J
f~ Le1-
PROJECT NAME: Nnrth Mill g~aLion
Project Address: 300 Puppv Smith
Legal Address:
PARCEL ID AND CASE NO.
2737-073-51-701 A40-95
C~~r~M~RSpPr ~
Aspen. Co 81611
APPLICANT: Trueman As en Com an
Applicant Address :'00 "51'1 <
REPRESENTATIVE: philip Bloemsma
Representative Address/Phone: P.O Box 5081
Aspen. CO 81611
,
'Iaa - ~ :\
--------------------------------------------------------------
--------------------------------------------------------------
FEES: PLANNING
ENGINEER
HOUSING
ENV. HEALTH
TOTAL
$2.040
$
$
$
$
# APPS RECEIVED 3
# PLATS RECEIVED 3
TYPE OF APPLICATION:
P&Z Meeting Date bit
STAFF APPROVAL:
t fo/aO
1 STEP:
2 STEP:--1L-
PUBLIC HEARING:
VESTED RIGHTS:
cYES/
YES
NO
NO
CC Meeting Date
DRC Meeting Date
PUBLIC HEARING: YES NO
VESTED RIGHTS: Y~.s NP, ,
+ pl/ectcv veci~(1 Ie He.-- ~y ~ ~
+0 \oQ. vvi th c!row.-"
---------------------------------------------------------------
---------------------------------------------------------------
REFERRALS:
City Attorney Parks Dept. School District
City Engineer Bldg Inspector Rocky Mtn NatGas
Housing Dir. Fire Marshal CDOT
Aspen Water Holy Cross Clean Air Board
city Electric Mtn. Bell Open Space Board
Envir.Hlth. ACSD Other
'f- Zoning Energy Center Other
;;;~~~;;~~7---~~-------=~~~;;:;~~~i',f~~~~;~~~~- -
_ city Atty
_ Housing
_ city Engineer
_ Open Space
_Zoning _Env. Health
Other:
FILE STATUS AND LOCATION:
ORDINANCE NO.8
(SERIES OF 1996)
AN ORDINANCE OF 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 I of the Trueman Subdivision and be
consistent with the requirements ofthe 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 time 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 I:
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 on Lot I of the
Trueman SPA:
Second hand store
Office supply
Children/toy store
Bookstore
Appliance store
Arts and crafts supply store
4, Lot I may have 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 these
zones.
5, In order to maintain the balance ofNC and SCI uses in the project the applicant 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 applicant shall file a new SPA agreement with the City of Aspen within 180
days from the date of approval by City Council, Failure on the part of the applicant
to record the final development plan and SPA agreement within a period of 180 days
following its approval by city council shall render the plan invalid,
Section 2:
That the City Clerk be and hereby is directed, upon the adoption ofthis ordinance, to
record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder.
#
Section 3:
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such provision
and 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 same 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 PUBI~~:r~vided by law, by the
City Council of the City of Aspen on the ,;(:::> day of ,1996,
OA-.- (j~
John Ifennett, Mayor
ATTEST:
FINALLY, adopted, passed and approved this I <Q day Of~, 1996,
fuh;~tt,~~~
ATTEST:
l.d~
EXHIBIT A
This exhibit 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 SCl 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
Carpetlflooring shop - NC conditional use
Catalogue sales - SCI conditional use
Catering service - not listed
Craft industry - SCI permitted use
Dry Cleaning - NC permitted use
Equipment and goods rental- SCI permitted use
Furniture 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 are now
considered permitted by right for Lot I ofthe 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 ofthe 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 area as long as no on-site public sales is offered.
Furniture store: Staff was recommending that a furniture store be added to the Trueman Lot I 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: Staff was 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 I 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: Staff has 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 commercial core retail areas as it is more
related to office type use.
2
,
vi \a.
'"
MEMORANDUM
TO:
Mayor and City Council 1\11 )
Amy Margerum, City Manager ~
/0
Stan Clauson, Community Development Director' '-"
THRU:
THRU:
FROM:
Suzanne Wolff, Planner
RE:
Trueman Lot I SPA Amendment - Continued 2nd Reading, Ordinance 8, Series
1996
DATE:
August 12, 1996
SUMMARY: The applicant is seeking City approval to add 17 new permitted uses on Lot I of the
Trueman Subdivision SPA which is located in the NC (Neighborhood Commercial) zone district.
APPLICANT: Trueman Aspen Company, represented by Philip Bloemsma.
LOCATION: Lot I, Trueman Subdivision. (Clark's Market shopping center),
ZONING: NC/SPA - Neighborhood Commercial zone district with Specially Planned Area overlay,
STAFF COMMENTS: Staffhas included the NC and SCI zone district information as Exhibit B.
There was considerable discussion by Council at second reading regarding several aspects of the
applicant's request. In response to Council's concerns, staffhas summarized these issues as follows:
Ordinance 8, Series of 1996: Staff has redrafted this ordinance to reflect the representations made
by the applicant in the 1976 hearings for the Trueman Subdivision,
The following uses were considered to be approved as "service related retail" uses in the 1976 land use
process. These use are allowed by right on Lot I of the Trueman SPA and are specified as such in
Ordinance 8, Refer to Exhibit A for an analysis of these uses,
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
1Itf'&'trt)( d L(__{)
<",'"",,
"-,,
-
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
The following use stipulations are also noted in Ordinance 8:
I, Lot I can also have 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 these zones,
2. Ten thousand (10,000) net leasable square feet of Lot I is restricted to the 23 "service related
retail" uses noted above,
Based on the applicant's request staff is recommending the following new uses to be approved for the
site as permitted by right:
Second hand store
Office supply
Children/toy store
Bookstore
Appliance store
Arts and crafts supply store
Deed Restriction: Staff is no longer requesting that a deed restriction be filed for the seventeen
affordable dwelling units that have been constructed on the parcel, In the January 26, 1976, hearing,
City Council approved the applicant's concept to construct affordable housing on this site with the
stipulation that it be "tied up with the Housing Authority:' The requirement that the housing be
restricted to long-term rentals does not require a deed restriction and is well-documented in
subsequent reviews.
Sidewalk Issue: In the approved Subdivision Agreement for the Trueman Neighborhood
Commercial Project (TNCP), recorded in Book 327 at Page 25-38, there is specific language
regarding the addition of a sidewalk along Puppy Smith Street This language reads:
3, Future Imvrovements' North Mill Street and Puvpy Smith Street,
,,1n the event that the City shall elect to construct or install any street
improvements on North Mill Street or a sidewalk on Puppy Smith Street in the
right-ofway abutting the TNCP, Trueman agrees, upon sixty (60) days written
notice, and on such terms as are mutually agreed upon by Trueman and the
City, to reimburse the City for that portion of the actual cost of such
improvements, including reasonable engineering and inspection charges not to
2
,.~......
,.-..."
'","'"
-
exceed fifteen percent (15%), which is properly allocable to the TNCP in
relation to frontage of the TNCP affected thereby. The proposed
improvements may include, but shall not be limited to, cutting, filling, grading,
regrading, paving, sidewalk, curbs, gutters, and drainage appurtenances, The
City shall have the right to construct or install such improvements in phases or
increments, e,g, curbs and gutters in one year and sidewalks in a subsequent
year, and Trueman shall reimburse the City for each successive phase or
increment as above set forth
The City has determined that it does not intend to construct a sidewalk along Puppy Smith Street at
this time. When and if it is desirable to install a sidewalk at this location, the recorded text above will
suffice to ensure owner participation in the cost
STAFF RECOMMENDATION: Staff recommends the following conditions to be placed on the
Trueman Lot I SPA Amendment:
] , The following uses are considered approved as "service related retail" uses on Lot I 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
3
...-
~,
-
-
2, The following uses be added to the uses currently permitted by rigbt on Lot I of the
Trueman SPA:
Second hand store
Office supply
Children/toy store
Bookstore
Appliance store
Arts and crafts supply store
4, Lot I may have 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 these zones.
,5, In order to maintain the balance ofNC and SCI uses in the project the applicant shall
maintain at least 10,000 net leasable square feet for "service related retail" (SCI) uses on Lot
I, The remaining net leasable square footage may be utilized for NC uses,
6, The applicant shall file a new SPA agreement with the City of Aspen within 180 days from
the date of approval by City Council, Failure on the part of the applicant to record the final
development plan and SPA agreement within a period of 180 days following its approval by
city council shall render the plan invalid.
RECOMMENDED MOTION: "I move to approve Ordinance 8, Series of 1996, granting a SPA
amendment for Lot I of the Trueman Subdivision:'
Exbibits:
Ordinance 8, Series 1996
Exhibit A - staff analysis of the "service related retail" uses
Exhibit B - NC and SCI zone district uses and purpose
4
~
,26.28.150
,....0....
#0.......
Exhibit B
-
-
Lot Size (Square Feet)
Allowable Square Feet
9.000-15.000
4.080 square feet of floor a=. plus 6 square feet of floor area
for each additional 100 square feet in lot area. up to a maximum
of 4,440 square feet of floor area.
15.000-50.000
4.440 square feet of floor a=. plus 5 square feet of floor area
for each additional 100 square feet in lot area. up to a maximum
of 6.190 square feet of floor area.
50.000+
6.190 square feet of floor a=. plus 3 square feet of floor area
for each additional 100 square feet in lot area.
All uses other than detached residential and duplex dwellings: I: I; however. me I: 1 external floor area
ratio may be incre:JSedto 1.5:1 by special review pursuant to Chapter 26.64.
I I. Internal floor area ratio: 1:1. incre:JSable to 1.5:1; however. if the external floor area ratio is increased
by special review pursuant to Olaprer 26.64, then sixty (60) percem of the additional floor area must be approved
for residential use restricted to affordable housing.
E. Off-srreet patking requirement. The following off-street parking spaces shall be provided for each
use in me Commercial (C-I) zone district. subject to me provisions of Chapter 26.32.
I. All residential uses: 1 space/bedroom
2. Lodge uses: ~IA
3. All other uses: 1.5 spacesll000 square feet of net leasable area which may be provided via a paymem
in lieu pursuant to Chapter 26.64, (Ord. No. 47-1988. ~~ 2.5, 15: Ord. ~o. 7-1989. 9 1; Ord. No, 17-1989.
9 2: Ord. No. 56-1994. ~ 7: Ord. No. 22-1995. S 6: Code 1971. ~ 5-210)
26.28.160 ServiceiCornmercialflndustrial (SIC'!).
A. Purpose. The purpose of the Service/CommerciallIndustrial (SIC'!) zone district is to allow for the
use of land for the preservation or development of limited commercial and industrial uses which do nor require
or generate high CUStomerrraffic volwnes. and to permit customary accessory uses. including residential dwelling
units.
B. Permitted uses. The following uses are permitted as of right in me Service/CommerciallIndustrial
(SIC/!) zone district.
I. Limited commercial and,industrial uses including me following and similar uses: Vehicle sales;
appliance and equipment rental. storage and repair; automobile repair. JUtomobile washing facilities: electrical
and plwnbing service shops; commercial bakery; computer product sales and services; limited industrial uses
including; Builder's supply. industrial dry cle:ming plant and laundry, fabrication and repair of building materials
and components. lumberyards. manufacmre and repair of electronics or sporting goods. printing and publishing
plants. telecommunications supply. typesetting, warehousing and storage. shop-craft industry and similar uses.
mists' smdios wim optional accessory dwellings. All of these uses are permitted provided they do not create
unusual traffic hazard. noise. dust. fumes. odors. smoke, vapor. vibration, glare or industrial w:JSte disposal
problems, and provided mat no permitted uses principally sell daily or frequently bought items to me general
public;
<""'.. '0/95)
512
~
'"'-.
......."
-
-
26.28.160
2. Accessory residential dwellings restricted to affordable housing guidelines:
3. Home occupations: and
~. Accessory buildings and uses.
C. Conditional Uses. The following uses are pennined as conditional uses in the Service/Commercial/
Industrial (S/CIf! zone district. subject to the sWldards and procedures established in OIaprer 26.60.
I. Full-service gas station:
2. Dance stIldio:
3. Mallia! arts smdio;
~. Dwelling unit accessory to permitted uses other than artists smdio:
5. Cara.logue sales store;
6. Laundromat:
., Phomgraphy smdio: and
8. Above-ground fuel storage tanks.
D. Dimensional requiremenrs. The following dimensional requirements shall apply to all pennitted
and conditional uses in the Service/CommercialJIndustrial (S/C.T) zone district.
1. Minimum lot size (square feet): 6.000
., Minimum Iot :u-ea per dweiIing unit (square feet):
For artist's smdios with accessory residential dwelling units and for other accessory dwelling units
on lors between 6.000 and 9.000 square feet. the following square feet requirements apply:
Studio: 1.000
I bedroom: 1.200
2 bedroom: 2.000
3 bedroom: 3.000
Units with more than 3 bedrooms: One (I) bedroom per 1.000 square feet of lot area.
For artist's smdios with accessory residential dwelling units and for other accessory dwelling units
ots more than 9.000 square feet. the following square feet requirements apply:
Studio: 1.000
I bedroom: 1.25 0
2 bedroom: 2.100
3 bedroom: 3.630
Units with more than 3 bedrooms: One (I) bedroom plus 1,000 square feet of lot area.
3. Minimum lot width (feet): No requirement
4. Minimum front yarti (feet): 20 from light-of-way lines of anelial streets (Mill & Spring), 10 from
all other streets.
5. Minimum side yarti (feet): No requirement
6. Minimum rear yard (feet): No requirement
7. Maximum height (feet): 32
8. Minimum distance betvleen principal and accessory buildings (feet): No requirement
9. Percent of open space required for building site: 25
10. Exremal floor area rntio: 1:1
11. Inrernal floor area ratio: No requirement
E. Off-street parking requirement. The following off-street parking spaces shall be provided for each
use in the Service/Commercial/Industrial (SCI) zone disnict. subject to the provisions of Chapter 26.32.
513
(As!Jcn 10195)
,,-,
-
-
26.28.160
-
-
1. Lodge use: N/A
2. Residential uses: I spacetbedroom
3. All orher uses: 3 spaces/I.OOO square feet of net leasable area. (ani. No. 9-1992. ~ 1; ani. No.
22-1995. ~ 6: Code 1971. ~ 5-211)
26.28.170 Neighborhood Commercial (NC).
A. Pmpose. The pUIpOSe of the Neighbort!ood Commercial (NC) ZllIle disaia is to allow small convenience
lUail esmblisllmentS as pan: of a neighboIhood, that an: designed and planned to be compaIibIe with the SlII1'OIUIding
neighboritood. to reduce traffic geneIlllion. and mitigare traffic cin:uIalion and pariCng problems. and to serve
the daily or frequent tIade or service needs of the neighborl1ood.
B. Pennitted uses. The following uses are permitted as of right in !be Neighborhood Commercial (N C)
zone district.
1. Drug Store:
2. Food 1IlaIXel:;
3. Liquor store:
4. Dry cleaning and lawulry pick-up station:
5. Barber shop:
6. Beauty shop;
7. POst office branch:
8. Record store:
9. T. V. sales and service shop;
10. Shoe repair shop;
I 1. Video rental and sale shop;
12. Accessory residential dwellings restricted to affordable housing guidelines; and
13. Accessory buildings and uses.
C. Conditional Uses. The following uses are pennitIed as conditional uses in the NeighboIhood Commen:ial
(NC) zone district. subject to the standards and procedures established in Olapter 26.60.
1. Service station;
~ Laundromat
3. Garden shop:
4. Hardware store:
5. Paint and wallpaper store;
6. Carpet. flooring and drapery shop;
7. Business and professional office:
8. Free market dwelling units which are accessory to orher pennitted uses:
9. Home occupation.
D, Dimensional requirements. The following dimensional requirements shall apply to all pennitted
and conditional uses in the Neighborhood Commercial (NC) zone district
I. Minimum lot size (square feet): 3.000
2. Minimum lot area per dwelling unit (square feet):
For accessory dwelling units on lots between 3,000 and 9,000 square feet. the 'following square
feet requirements apply:
(A>p... (0195)
514
~.
-
,......,
'-
-
26.28.170
Studio: 1,000
I bedroom: 1.200
2 bedroom: 2.000
3 bedroom: 3.000
Units with more than 3 bedrooms: One (1) bedroom per 1.000 square feet of lot area.
For accessory dwelling units on lots more than 9,000 square feet. tile following square feet requirements
apply:
Studio: 1.000
I bedroom: 1.250
2 bedroom: 2.100
3 bedroom: 3.630
Units with more than 3 bedrooms: One (I) bedroom per 1.000 square feet of lot area.
3. Minimum lot width (feet): 30
4. Minimum from yard (feet): IO
5. Minimum side yard (feet): 5
6. Minimum rear yard (feet): 5
7. Maximum height (feet): 28 (increasable to 32 by special review pursuant to Chapter 26.64)
8. Minimum distance between principal and accessory buildings (feet): No requirement
9, Percent of open space required for building site: 25
10. External floor area ratio: I: I
11. Internal floor area ratio : No requirement
E. Off-street parking requirement. The following off-street parking spaces shall be provided for each
use in the Neighborilood Commercial (NC) zone district. subject to the provisions of Chapter 26.32.
I. All residential uses: 1 space/bedroom
~ Lodge uses: N/A
- All other uses: 4 spaces/LOCO square feet of net leasable area. (Ord. No. 47-1988. 3 8: Ord. No.
56-1994, 38: Ord. No. 22-1995. 3 6: Code 1971, !i 5-212)
Z6.28.180 Office (0).
A. Purpose. The purpose of the Office (0) zone district is to provide for the establishment of offices
and associated commercial uses in such a way as to preserve the visual scale and character of former residential
JIe:lS thar now are adjacent to commercial and business areas. and commercial uses along Main Street and,
other high volume thoroughfares.
B, Permitted uses. The following uses are permitted as of right in the Office (0) zone district.
I. Detached residential dwellings and multi-family dwellings:
2. Professional business offices;
j. Accessory residential dwe!lings restricted to affordable housing guidelines:
4. Home occupaIions;
- Group homes:
6. Accessory buildings and uses:
7, Dormitory: and
515
(~ea 10195)
r~"""
Le GOllrmet wins food fight
By Melissa Schmitt
Aspen Times Staff Writer
A, year-long battle over competitive rights between
Mill Street Station neighbors Clark's Market and Le
Gourmet ended Thesday with the court ruling in Le
Gourmet's favor,
The ruling allows Le Gourmet owners Dan Mar-
tineau and David Grigri to continue selling cheeses,
cold cuts, dry goods and specialty items at their
gourmet delicatessen.
Tom Clark, owner of Clark's Market, filed a
September 1995 lawsuit against both his landlord,
Trueman Aspen Co., and Le Petit Marche, the corpora-
tion which owns Le Gourmet, claiming Le Gourmet's
presence in the shopping center violated Clark's lease.
Clark said his 1996 lease restricted other businesses in
the'shopping center from selling items that Le
Gourmet sells,
~Iark's lease did promise the'lb,ngstlnding super-
m~rket exclUsive rights to sell ~ertain items, but
because the lease was never. recorded in the Pitkin
County CleIk and Recorder's Office, and because Le
Gourmet was never notified of those rights, Clark's
lost Ninth Judicial District Court Judge Peter Craven
ruled in favor of Martineau and Grigri Monday and
. ,~
""/a
dismissed the case.
Martineau and' Grigri said they were never notilied
of the restrictive terms in Clark's lease by either thc
landlord or Clark, and that Clark's could pursue dam-
ages against its landlord,
"When Mr Grigri executed the lease, he did not
have any knowledge of any kind concerning the exclu-
sivity of sate provisions in Clark's lease," Craven
wrote, "Clark's Aspen agent, Philip Bloesma, never
told Mr Grigri about the existence of any exclusive
sales provision in Clark's lease prior to the execulion
of (Le Gourmet's) lease:'
Had Clark's recorded its lease in the clerk and
recorder's office, things may have tomed out different-
ly for the longtime Aspen grocery store, according to
Craven's ruling,
"Had Clark recorded its lease, it would have had a
(known) right, and (Le Gourmet) would have been
charged with notice of it:'~e said, "In that circum-
stance, (l.e.Gourmet) could not properly interfere with
Clark's rights ","
Clark's was ordered by Craven to pay Le
Gourmet's court costs.
Martineau and Clark could not be reached for com-
ment.
Ju It 31, /110
1
,
(
s
f
,
a
c
~
t
h
tl
JUN 24 '96 11 36AM "
: ~EST MAIN STREET LAW OFFICES
P.2
,-
<"""....
,~
LAW OFFICES OF
PAULJ. TADDUNE, P.C
-
323 WEST MAIN STREF.T~ SUITE 301
ASPEN, COLORADO 81611
PA.U1.J. TAODlJNE, P.C
TEW'HONE (970) 925-9190
FACS1MILE (970) 925-9199
WILUAM K. GUEST, p,c., OF COUNSEL
ANDRBW H. BUSC;nER~ OF OOUNSEL
June 20, 1996
HaryLackner
Aspen/pitkin community Development Department
130 S. Galena street
Aspen, CO 81611
Re: Trueman Shopping Center ReZoning
Dear Mary:
As I discussed briefly with stan, since I will be returning
from a trip to Salt Lake city to drop off my daughter at a summer
ballet program on June 24, I thought it best to continue the
rezoning ordinance matter until a later date just in case I am not
able to make it back in time. Your phone message mentioned July
22. However, I have a conflict with the Aspen Valley Hospital
board lIleeting on that date. Thus, in your absenCe I arranged with
Kathy strickland to continue the matter to the first meeting in
August. Therefore, please accept this as a request for a tabling to
that date.
As in the past, thank you for your assistance.
Very truly yours,
PAUL J. TADDUNE, P.C.
.:.-=...m.--.--........
Paul J. Taddune
PJT: cba
cc: Phil Bloemsma
It\lacJmer.614
T
l!IJ ~ ff~~ )
THE CflY OF ASPEN
FROM THE DEsK OF
MARY LYNNE LACKNER
,
If'bIJiOL<J See UJ.U} - 'iK4'td K
.)J'J(-!rl, 1/Jl4 0'Q'l k I
C~r ;J.M/ r-tg(AJl<t/ v.J14,
IJ~ -reI - /Q,080 - C c"....(y
J;,& cI /Va f r0f .ry ~/
oJ.! oJLod I U'~ - CV4~ s-l-:/cc(
jJpg. 5 -860J
?tw.2 /,t/~ 5 - 9/fo
130 SOUTH GAlE~A STREET
Asrn.;, COLORADO 81611
@ .T1~jJWLi 4 'v Ll-C[c 17.UJ ~ -to, ~b Y\ ,
..s/W q ~~ 1M
/~or ~O-r ~-eJ
t:JvCcw '
Ir~t1 - ~ d4fll\ tel' -sIt>>,
Wa ~J,
'~~ ~~ SPI\- -&1tU~
,p +~ }o .s-cil~Jf.
-+ WI/Vii/wi) ~O/ 0/W /WvuotA.flcf ~A/1 (Jrof!Y.
NM w-h(1 J,,{~ 713
---
->> Mt{ I:st ~e. 5 ( tYfO'S,. ~ k. )
~...-I ~ d..", t JI,.t..o~ )
-;> C'l~~lt .siJavc.lc W\.t.L / dtu!7....
r..6>()J . - - q_'I!~ fA..... th':'"
-=7 PM.! "i" J,f .t-d< -to ~.l I/U.:
J ~ J ('\D +vI c: ..ft:,... c; .
.
fLj) cf,..Qd /W~
v f Id T
~ (k;1 II 1 f {j/!2/1t-
~~f ~tbV!fl/I
~-..........
-- ~
~e
fI~tO~~ o~ vi 0 ,j d-eeI ~f-
-{N~ ~1/vdtfr7 iv /1..ay~
;(P)Mrvd'~{j/1dM: OALQ ~YJ
(<J J ,ay"JaJ <--I ~//Ov~S /:.., 70 ?
ch.eJ ~-fncflaYJ ~ I ~ -fA/~!u I;' 171,
Cl dft't/ /L[)fu,~/&/1 ~ .f'Ood -10/
!)~ 10 Yr7d/S. --rUm ~-e ~J
~ 7))
, . I
U SPA ~/1 iO,. &/1.'-1), /U/~ /~ ;VJ~/l.
~~~~//~__~.-7~
"'ttOfl tJ~ ~1~ I~ /S#',
- /J.L.cI ~jJlT a.fALt/f4J ,- .~.~
- tiNdU;v Dud /thin 'el'w./')
- f) iJ Uu cd K. - V^P ~ +.-d-1 f-& 11/1
i/ 10 ~ lwu/tI ~ ~CJldld ro!
_ f ~ I/.;P -fed t -fo Co Lu~ tl wry j ,
v1: kJ A}dhrClLu
4/:;r- ! J -;;,I/f/,M - UJL~ _ .JjI(U-~,. r<oo ~Af'
J/x' a fir/) M .
- ,/:~6t?U/, ~J bV/-/I,)hw,//1, _ ,
, J /1 I.. ..L / L ."~,,..,A <1'/<]/7&.
TO:
THRU:
THRU:
FROM:
RE:
DATE:
,-,
MEMORANDUM
Mayor and City Council
Amy Margerum, City Manager
Stan Clauson, Community Development Director
Mary Lackner, Planner
Trueman Lot I SPA Amendment - Continued 2nd Reading, Ordinance 8, Series 1996
April 8, 1996
At the request of staff and the applicant, we would like this item tabled until May 13, 1996,
,,,....
VI' a-
MEMORANDUM
TO:
Mayor and City Council
FROM:
Amy Margerum, City Manager /1'/"' /
Stan Clauson, Community Development Dire~
Mary Lackner, Planner
THRU:
THRU:
RE:
Trueman Lot I SPA Amendment - 2nd Reading
DATE:
March 25,1996
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY: The applicant is seeking City approval to add 17 new permitted uses on Lot I of the
Trueman Subdivision SPA which is located in the NC (Neighborhood Commercial) zone district
The Planning and Zoning Commission considered the applicant's request on June 6th and June 20,
1995, at which time the Commission voted 4-3 to add only the use "florist" to the conditional uses
permitted on Lot I of the Trueman Subdivision,
APPLICANT: Trueman Aspen Company, represented by Philip Bloemsma,
LOCATION: Lot I, Trueman Subdivision. (Clark's Market shopping center),
ZONING: NC/SPA - Neighborhood Commercial zone district with Specially Planned Area overlay.
STAFF COMMENTS: To assist Council in understanding the applicant's request the following
exhibits are attached:
Exhibit A - application
Exhibit B - staff analysis of the request
Exhibit C - NC and SCI zone district information
Exhibit D -Planning and Zoning Commission resolution 95-15,
Exhibit E - Planning and Zoning Commission minutes June 6, 1995
Exhibit F - Planning and Zoning Commission minutes June 20, 1995
Exhibit G -SPA Plan, recorded November 1976
Exhibit H -List of current and previous tenants and dates of occupancy
Exhibit I -Ordinance 70, 1976 Final Plat and Rezoning approval for the Trueman Subdivision
Exhibit J -March 8, 1976 City Council minutes for Conceptual Subdivision approval
Exhibit K - 1976 Application for proposed "service retail" uses in basement
Exhibit L -Excerpt from Ordinance I I, 1975 (Creating NC and SCI zone districts)
Exhibit M -Map of NC and SCI zoned parcels
Exhibit N -February 28, 1996 letter from Chuck Roth regarding Puppy Smith Street sidewalk
There was considerable discussion by Council at first reading regarding several aspects of the
applicant's request In response to Council's concerns, staff has summarized these issues as follows:
,./
"--."
Selling Plants in Open Space: Council expressed interest in addressing the applicant's request to
sell plants in the designated open space in another forum At the Council hearing, staff suggested this
will be reviewed in the Downtown Enhancement Plan which is currently being prepared by the
Community Development Department Staff is recommending that no action be taken on this issue
tonight
Previous Approvals and SCI Square Footage: The Planning and Zoning Commission and Council
had considerable discussion regarding the amount of space that is reserved for SCI uses (Exhibits E
and F), Both board's primary concern was that there needs to be a balance of NC and SCI uses within
the project
The original approval documents for the Trueman Neighborhood Commercial Project (TNCP) did not
specify a percentage of net leasable space that needed to be reserved for NC and SCI use, although it
did indicate the uses of the SCI and NC zone districts are permitted on Lot I (Exhibit G), However
there was considerable discussion at Councils' March 8, 1976 hearing (Exhibit J) regarding the types
of uses and square footage which should be approved for the Trueman center, As a result of this
conceptual hearing before Council, the following square footage breakdown was approved in the
minutes (but not memorialized in a resolution or ordinance):
Food Store
Service related retail- basement
Neighborhood commercial
Employee housing
Basement storage
15,000 sq.ft
10,000 sq.ft
10,000 sq.ft
10,000 sq.ft
2.000 sa.ft
47,000 sq.ft total
This breakdown of square footage is what has been constructed on the property.
At first reading it was staff s original assumption that the applicant could lease all the commercial
space to NC uses only and not maintain any for SCL Staff and the Commission was also
recommending that the current square footage reserved for SCI uses be pennanently maintained for
SCI businesses. This would require an SPA amendment to require a minimum of 1,500 net leasable
square feet to be maintained for SCI oriented businesses,
Subsequent to first reading, staff has identified additional information from the 1976 Council
meetings and the original project representations (Exhibit K) that has confirmed that the basement
was considered and approved for 12,000 sq.ft of net leasable area, Of this square footage, 2,000
sq.ft was to be used for food market storage and 10,000 sq.ft for "service related retail" uses,
Exhibit K outlines the proposed uses for the "service related retail" uses for the basement All 25 of
these uses, with the exception of the public health and exercise facility, pet supply shop, catering
service, furniture store, and radio station, are currently permitted or conditional uses in the NC and
SCI zone districts, Based on the assumption that the uses specified in this list are considered "service
related retail" staff amends its previous distinction of existing SCI space at the center from 1,500
sq.ft to an existing floor area of approximately 10,000 sq.ft for "service related retail",
2
,
~~"",
'.~.,,<""
Overview of Existing NC and SCI Areas in Town: The NC and SCI zone districts were adopted in
Ordinance II, 1975 (Exhibit L), Exhibit M contains a map which illustrates the parcels that are
currently zoned NC and SCL
Staff has begun preliminary work on an SCIINC zone district study which will identify all current
uses, violations, sizes, issues, and opportunities within in these zone districts. This study will be
forwarded to the Planning and Zoning Commission for evaluation and recommendations for changes
to these zone districts, and will then be forwarded to City Council, Due to staff turnover in the
Community Development Department in the past six months this project has suffered some delays,
Staff is currently anticipating this report to go to the Planning Commission sometime this summer,
Although this report will look at comprehensive changes to the SCI and NC zone districts, staff does
not believe that the applicant's request should be delayed until this study is complete. Staff believes
the analysis and history surrounding the Trueman project provide an adequate basis to move this
project forward,
Uses Requested: The following uses are being requested to be added to Lot I of the Trueman
Subdivision:
L Travel agency
2, Second hand store
3, Optical lab
4, Office supply
5, Furniture store
6, Children/toy store
7, Bookstore
8. Gift and card shop
9, Take-out food shop
m Florist
II, Sporting goods store
12, Appliance store
13, Pet Store
14, Clothing and shoe store
15, Bed, bath and linen store
16, Arts and crafts
17, All current conditional uses would be considered permitted uses,
Staff analysis of each of these uses and their appropriateness in this zone district and SPA have been
evaluated in Exhibit B.
Sidewalk Issue: In the approved Subdivision Agreement for the Trueman Neighborhood
Commercial Project (TNCP), recorded in Book 327 at Page 25-38, there is specific language
regarding the addition of a sidewalk along Puppy Smith Street. This language reads:
3, Future Imorovements: North Mill Street and Puoov Smith Street.
3
wIn the event that the City shall elect to construct or install any street
improvements on North Mill Street or a sidewalk on Puppy Smith Street in the
right-of-way abutting the TNCP, Trueman agrees, upon sixty (60) days written
notice, and on such terms as are mutually agreed upon by Trueman and the
City, to reimburse the City for that portion of the actual cost of such
improvements, including reasonable engineering and inspection charges not to
exceed fifteen percent (15%), which is properly allocable to the TNCP in
relation to frontage of the TNCP affected thereby, The proposed
improvements may include, but shall not be limited to, cutting, filling, grading,
regrading, paving, sidewalk, curbs, gutters, and drainage appurtenances, The
City shall have the right to construct or install such improvements in phases or
increments, e.g. curbs and gutters in one year and sidewalks in a subsequent
year, and Trueman shall reimburse the City for each successive phase or
increment as above set forth,
It is staffs position that a sidewalk can be required at any time and does not necessarily have to relate
to a land use application on this property, However, engineering, planning and the PBC have
identified a need for a sidewalk in this area and has requested that one be constructed within 180 days
from the date of Council's approval of this SPA amendment. Exhibit N further details the
requirements of the Engineering department to get this sidewalk constructed,
A new issue related to sidewalk development on the parcel has been identified by the Engineering
Department, subsequent to first reading, There has been some discussion regarding the construction
of an internal sidewalk along the driveway into the parking lot. The Engineering would like to have
this sidewalk added to the requirements of this approval,
Deed Restricted Units: There are 17 "affordable housing" units on the top floor of the center, These
units were approved in the 1976-77 approvals and no deed restrictions have been filed on these units.
This issue was not brought up at first reading, however staff has considered that it may be appropriate
to require up-to-date deed restrictions on these units, if the uses on Lot I are being expanded, The
conceptual review of the Trueman project specified that these units were to have six month minimum
lease restrictions, however the Housing Authority does not have any record of restrictions for these
units, Staff requests that Council address this issue and determine whether current deed restrictions
should be filed for these units,
STAFF RECOMMENDATION: The Planning and Zoning Commission recommends that only a
"florist" be added to the list of conditional uses permitted for Lot I of the Trueman Subdivision, as
indicated in Reso 95- 15. The Commission also wanted to ensure that a current square footage of SCI
uses always be maintained for SCI businesses,
Staff amends its original recommendation from the first reading memorandum to request that 10,000
square feet be pennanently reserved for "service related retail" uses as indicated in Exhibit K (with
the exception of the public health and exercise facility, radio station, and sporting goods rental).
Planning staff recommends partial approval of the applicant's request to expand the permitted uses on
Lot I of the Trueman SPA For reasons noted in the review section of this memorandum, many of the
uses proposed do not meet the purpose of the underlying NC zone district.
4
Staff recommends that the following uses be added to the uses currently permitted by right on Lot I
of the Trueman SPA:
I. Second hand store
2, Office supply
3, Florist
4, Catalog store
Staff further recommends that the following uses be added as conditional uses to Lot I of the
Trueman SPA:
I, Furniture shop
2, Children/toy store
3, Bookstore
4, Appliance store
5, Pet store
6, Arts and crafts
The following uses are presently conditional uses in the NC zone district 'Staff recommends that
these uses become permitted by right for Lot I of the Trueman SPA:
I. Laundromat
2, Garden shop
3, Hardware store
4, Paint and wallpaper store
The following conditions are recommended for this SPA Amendment:
I. The applicant shall file a new SPA agreement with the City of Aspen within 180 days from
the date of approval by City Council. Failure on the part of the applicant to record the final
development plan and SPA agreement within a period of 180 days following its approval by
city council shall render the plan invalid,
2, The applicant shall construct a new sidewalk on the north property boundary of the property
adjacent to Puppy Smith Street The plan for this sidewalk must be reviewed and approved
by the Planning Office and City Engineer, The sidewalk shall be constructed within 180 days
from the date of approval by City Council.
3, In order to maintain the balance of NC and SCI uses in the project the applicant shall
maintain at least 10,000 net leasable square feet for "service related retail" (SCI) uses on Lot
I, The remaining net leasable square footage may be utilized for NC uses,
4, The applicant shall work with the Engineering Department to design and locate an internal
sidewalk within Lot I of the Trueman Subdivision, Once the design and location has been
approved by the City, the applicant shall construct the sidewalk within 180 days from the date
of that approval.
5
5, The applicant shall file a six-month deed restriction for the affordable housing units on Lot L
The form and language of the deed restriction shall be reviewed and approved by the
Housing Authority, The deed restriction shall be finalized within 180 days from the date of
this approval by City Council,
RECOMMENDED MOTION: "I move to approve Ordinance 8 Series of 1996, granting a SPA
amendment for Lot I of the Trueman Subdivision:'
Exhibits:
Ordinance 8, Series 1996
Exhibit A - application
Exhibit B - staff analysis of the proposal
Exhibit C - NC and SCI zone district uses and purpose
Exhibit D - Planning and Zoning Commission resolution 95-15
Exhibit E - Planning and Zoning Commission minutes June 6, 1995
Exhibit F - Planning and Zoning Commission minutes June 20, 1995
Exhibit G -SPA Plan, recorded November 1976
Exhibit H -List of current and previous tenants and dates of occupancy
Exhibit I -Ordinance 70, 1976 Final Plat and Rezoning approval for the Trueman Subdivision
Exhibit J -March 8, 1976 City Council minutes for Conceptual Subdivision approval
Exhibit K - 1976 Application for proposed "service retail" uses in basement
Exhibit L -Excerpt from Ordinance II, 1975 (Creating NC and SCI zone districts)
Exhibit M -Map ofNC and SCI zoned parcels
Exhibit N -February 28, 1996 letter from Chuck Roth regarding Puppy Smith Street sidewalk
6
.", .'
ORDINANCE NO.8
(SERIES OF 1996)
AN ORDINANCE OF 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 new uses be added to Lot I ofthe
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 a public hearing on March 24, 1996 finds that some
new uses may be permitted on Lot I of the Trueman Subdivision and be consistent with the
requirements of the Municipal Code and with the underlying zoning of the project.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section I:
That it does hereby grant SPA amendment approval with the following restrictions and
conditions for Lot 1 of the Trueman Subdivision:
a. The following uses are added as permitted by right:
L Second hand store
2, Office supply
3, Florist
4, Catalog store
5, Laundromat
6, Garden shop
7. Hardware store
8, Paint and wallpaper store
b. The following uses are added as conditional uses:
L Furniture shop
"
',.. "
2, Children/toy store
3, Bookstore
4, Appliance store
5, Pet store
6, Arts and crafts supply store
The following conditions are recommended for this SPA Amendment:
L The applicant shall file a new SPA agreement with the City of Aspen within 180
days from the date of approval by City Council, Failure on the part of the applicant
to record the final development plan and SPA agreement within a period of 180 days
following its approval by city council shall render the plan invalid.
2. The applicant shall construct a new sidewalk on the north property boundary of the
property adjacent to Puppy Smith Street The plan for this sidewalk must be
reviewed and approved by the Planning Office and City Engineer, The sidewalk
shall be constructed within 180 days from the date of approval by City Council,
3, In order to maintain the balance of NC and SCI uses in the project the applicant shall
maintain at least 10,000 net leasable square feet for "service related retail" (SCI) uses
on Lot I, The remaining net leasable square footage may be utilized for NC uses,
4, The applicant shall work with the Engineering Department to design and locate an
internal sidewalk within Lot I of the Trueman Subdivision, Once the design and
location has been approved by the City, the applicant shall construct the sidewalk
within 180 days from the date of that approval,
5, The applicant shall file a six-month deed restriction for the affordable housing units
on Lot I, The form and language of the deed restriction shall be reviewed and
approved by the Housing Authority, The deed restriction shall be finalized within
180 days from the date of this approval by City Council,
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.
Section 3:
If any section, subsection, Sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and
such holding shall not affect the validity of the remaining portions thereoL
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 same shall be
continued and concluded under such prior ordinances,
?
.,---...-
'.....,
Section 5:
A public hearing on the Ordinance shall be held on the 25th day of March, 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 PUBLISHED as provided by law, by the
City Council of the City of Aspen on the day of , 1996,
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this
day of
,1996.
John Bennett, Mayor
ATTEST:
Kathryn S, Koch, City Clerk
'1
r-
r r Exhibit A
. ~-~~_:{'.'
ruemanAspen Com. ,ny
.3QO Puppy Smi th
:~'Aspen, .CO 81611
~ '-,"
March 28, 1995
City of Aspen. ..
Planning and Zonlng Commlsslon
130 South Galena Street
Aspen, CO 81611
Re: Garden Center conditional use and Trueman SPA. variance
Dear Commission Members:
Trueman Aspen Company is submitting an application package
to the Planning and Zoning office to seek an approval of a
conditional use in the Neighborhood Commercial zone district
(sec. 5-212) as well as a variance to the Trueman SPA.
The conditional use we are seeking is a "Garden Shop".
Trueman Aspen Company is requesting to use this permit for a
garden center located in the courtyard of the shopping
center.
The variance to the Trueman SPA is intended to allow more
locally oriented uses than are currently permitted under the
N/C zone guidelines (see attached). 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
Tel. #303-925-8603
2. The applicant is Trueman Aspen Company
3. The authorized representative of the applicant is
Philip Bloemsma. Agent and Property Manager.
4. Attached are the following:
a. A disclosure of ownership by way of 1993
real estate tax notice
b. A vicinity map locating the property
c. A description of the proposed uses with an
explanation of how the uses comply with the
standards of the Planning and Zoning office.
Thank you for your consideration in this matter.
-
Agent
'D
~ ... :
( .;..
.,
ueman Aspen Compan}
,p.O. Box 5081
ASpen, CO 81611
r,-:
-
March 2B, 1995
City of Aspen
Planning and Zoning Commission
130 South Galena St.
Aspen, CO B1611
Re: Trueman Center SPA Variance
Dear Commission Members:
The Trueman Center currently lies in the neighborhood
commercial zone district. With this application, Trueman
Aspen Company is seeking a SPA variance to allow the
following uses as permitted uses:
1. Travel Agency
2. Second Hand Store
3. Kitchen SupplY Store
4. Optical Lab
5. Office Supp1y
6. Lighting Store
7. Photo/Framing Store
B. Furniture Store
9. Auto Parts Shop
10. Children/Toy Store
11. Book Store
12. Gift and Card Shop (". r
13. ~"gRi:Ola'o lLL:t;--"'" -1. C'1.gpfAlL-f; AOU.t ~D '5ylcp
14. Florist I
15. Lock Shop
16. sporting Goods Store
17. Appliance Store
lB. Pet Store store
19. Clothing and Shoe Store
20. Audio/Video/Computer/Communications Store
21. Bed Bath and Linen Store
22. Arts and Crafts
23. We would also ask that all existing conditional uses
be considered permited uses.
Trueman Aspen Company feels that al1 of the requested uses
conform with the intent of the zone district and the
original intent of the City Council in designating the
parcel Specially Planned Area.
i1ip Bloemsma, Agent
~.'~ .
;: ~I .
:.<<;}ji;":
~~~
'?~~
"i~';;,<
~~,;
. J~. ."
>~g~i \\
-
Aspen Compar(y
Smith
81611
/
1995
City of Aspen
Planning and Zoning Commission
130 South Galena St.
Aspen, CO 81611
Re: Trueman SPA Variance and Conditional Use response to
review standards.
Dear Commission Members:
FOllowing is a response to the review standards of the P&Z
per attachment 4 of the conditional use and SPA development
application. Trueman Aspen Company feels that the
Conditional Use and SPA Variance are consistent with the
intent of the commission and council. Also the requests
are consistent and compatible with the character of the
immediate vicinity and enhances the mixture of the existing
uses.
The impact will be minimal. There will be virtuallY no
visual impacts and the proposed uses will require no
additional services or public facilities in order to
operate. The Trueman Center 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 hand1e any proposed use.
The Conditional Use and SPA Variance proposed by Trueman
Aspen Company are consistent with all standards and
objectives of the Aspen Area Comprehensive Plan (AACP). In
particUlar, the AACP suggests that the NC zones permitted
and conditional uses be revised. The uses will be a
convenienca to the local community. They will enhance the
objectives of the zone district by serving the needs of the
local who requires convenience and ease with daily errands.
With this in mind, Trueman Aspen Company feels that the
proposed uses are appropriate for the Neighborhood Zone
District. Thank you for your consideration.
~
~
Agent and Property Manager
.'t~~.-IL
.._, .
~:~;;
- .. Iff!. ~.
Exhibit B
Review Criteria for Trueman Lot 1 SPA Amendment
This project is being reviewed through the Final SPA review process, since the addition generally
complies with the Conceptual SPA plan that was approved in 1977, as permitted by Section 24-7-
804(C)(2) of the Aspen Municipal Code, The Final SPA review process requires review by the
Planning Commission and City Council.
The applicant is seeking to add the following uses as permitted uses in the Trueman SPA, Staff has
added (SCI) next to those uses we believe are already allowed in the SCI zone.
I. Travel agency
2, Second hand store
3, Optical lab
4. Office supply
5. Furniture store
6. Children/toy store
7, Bookstore
8, Gift and card shop
9, Take-out food shop
lO, Florist
I L Sporting goods store
12, Appliance store
n Pet Store
14, Clothing and shoe store
15, Bed, bath and linen store
16, Arts and crafts
17, All current conditional uses would be considered permitted uses,
To help Council understand the nature of the applicant's request, the existing uses permitted by right
and conditional uses of the NC and SCI zone districts are included in Exhibit C, Staff has also
included the purpose statements of the CC, C I, SCI, and 0 zone in this exhibit to assist Council in
their evaluation of this application,
Staff believes the applicant's request could have substantial implications for the Trueman SPA. The
purpose of the NC zone district should be considered when reviewing the nature of the proposed uses,
The purpose of the NC zone district follows:
The purpose of the Neighborhood Commercial (NC) zone district is to
allow small convenience retail establishments as part of a neighborhood,
that are designated 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 Planning Office has provided the following comments about each of the proposed uses to be
added to the Trueman SPA, In parenthesis are the zone districts in which these uses are currently
allowed by right,
) "
"'
L Travel agency (CC, CI, 0)
A travel agency is considered a professional office, This use is permitted in the three primary
commercial zone districts in Aspen, Staff does not support increasing the ability of this type of
professional office to be extended into the NC zone district.
2. Second hand store (CC, CI)
Second hand stores are popular retail establishments that serve a niche that regular retail does not
provide, This is a retail use that can be narrowly defined. Staff recommends this as a use permitted in
the NC zone.
3, Optical lab (CC, CI, 0)
No explanation is offered in the application as to the nature of an optical lab. Medical offices are
permitted in the CC, CI and 0 zone districts, which seems appropriate for an optical lab. Staff does
not see an optical lab as appropriate in the NC zone.
4, Office supply (CC, CI)
Office supply may be an appropriate convenience use in this area.
5, Furniture store (CC, Cl)
Furniture stores vary in their orientation to customers, Depending on the type of business this may be
an appropriate use in this zone, Staff recommends this be a conditional use,
6, Children/toy store (CC, CI)
Although mostly geared to the commercial core area, a children store or toy store could be oriented to
serving the local population, Again, depending on the orientation of the particular business, it mayor
may not be appropriate in the NC zone, Staff recommends that a children/toy store be a conditional
use.
7, Bookstore (CC, CI)
Bookstores are also a conditional use in the 0 zone in historic landmarks, The grocery store carries
some magazines and books of interest to their customers, Depending on the orientation and type of
bookstore it may be appropriate in the NC zone, Staff recommends that this be a conditional use,
8, Gift and card shop (CC)
Staff does not believe a gift shop is appropriate in the NC zone district. The combination pharmacy,
card shop, beauty shop, gift shop of The Drug Store provided a variety of uses that were oriented to
the local neighborhood, A gift and card section of a larger local oriented store would be appropriate,
9, Take-out food shop (CC)
2
) G
A food market is a permitted use in the NC zone, The definition of a food market is "m a store which
primarily sells packaged, bulk and fresh foods, which may have indoor seating up to ten seats, and no
wait service." Staff believes this definition provides for the type of food service that's appropriate for
the NC zone, An emphasis of the NC zone is to reduce traffic trips, therefore staff does not believe a
take-out food shop (Le, fast food) would be consistent with the purpose of the NC zone,
10, Florist (CC, CI)
A florist would be a use consistent with the purpose of the NC zone, Staff recommends that this be a
permitted use.
1 L Sporting goods store (CC)
Although Aspen's local population is oriented to outdoor and sporting activities, this use would be
extremely difficult to enforce in an NC zone district Staff believes this use is most appropriate in the
main commercial zone districts of town.
12. Appliance store (CC, CI)
The SCI zone district permits "appliance and equipment, rental, storage, and repair", Depending on
the specific orientation of an appliance store, this use may already be permitted in the Trueman SPA,
13, Pet Store (CC, Cl)
Generally it is the local population that would patronize a pet store, Staff believes this would be
consistent with the NC zone if it was subject to a conditional use review,
14, Clothing and shoe store (CC, Cl)
Although clothing and shoe apparel is needed by the local population as well as visitors, staff does not
believe a clothing or shoe store is appropriate in the NC zone, as they are permitted in the other
commercial zones in town.
15, Bed, bath and linen store (CC, Cl)
Staff believes this would be too specialty oriented and not a use that would be frequented by the local
population on a recurring basis,
16, Arts and crafts (CC, Cl)
A use such as Aspen Art Supply may be appropriate in this location, There are other arts and crafts
related businesses that staff does not believe would be appropriate, Depending on the orientation of
the business staff recommends that this use be a conditional use in the zone,
17. All current conditional uses would be considered permitted uses,
3
.~
~.,.,....~
---
'~",..'
The current conditional uses of the NC zone district are: service station; laundromat; garden shop;
hardware store; paint and wallpaper store; carpet, flooring and drapery shop; business and
professional office, free market dwelling units which are accessory to other permitted uses, home
occupation, and satellite dish antennae,
Staff believes that the following existing conditional uses should be permitted by right: laundromat,
garden shop, hardware store, and paint and wallpaper store, (Satellite dishes have been eliminated
from the code as a conditional use in all zone districts), The remaining uses should be maintained as
conditional uses as they be have an orientation or impacts that should be reviewed in the public
hearing context of a conditional use review, Finally, staff believes that a catalog store would be an
appropriate use in the NC zone and recommends that this be added to the permitted use in the
Trueman SPA.
Specially Planned Area Criteria: Section 24-7-804(D)(2), Specially Planned Area regulations of the
Municipal Code, permits use variations from the underlying zone district if the variations comply with
the standards of Section 7-804(B) of the Code, The following review standards are set forth in
Section 24-7-804(B) of the Aspen Municipal Code:
1. Whether the proposed development is compatible with or enhances
the mix of development in the immediate vicinity of the parcel in
tenns of land use, density, height, bulk, architecture, landscaping, and
open space.
Response: The proposed SPA amendment will expand the range of commercial uses permitted in the
Trueman SPA. No increase in square footage is proposed. Staff has made comments on each of the
23 proposed uses in the preceding section,
2. Whether sufficient public facilities and roads exist to service the
proposed development.
Response: The City Engineer submitted comments on the Pitkin County Bank satellite branch office
conditional use application. These referral comments identified a need for a sidewalk to be
constructed on the south side of Puppy Smith Street The Planning Office and Planning Commission
did not believe the construction of a sidewalk was appropriate for mitigation in the bank's conditional
use application, however staff would like to reconsider this requirement with this SPA amendment,
Although the applicant is not increasing the square footage of the structure, the proposed increase in
types of commercial uses at the shopping center warrant the installation of a sidewalk on the parcel.
Individual conditional use reviews may not necessitate a sidewalk but these code amendments should
be viewed as a more significant change to the SPA.
3. Whether the parcel proposed for development is generally suitable for
development, considering the slope, ground instability and the
possibility of mud flow, rock falls, avalanche dangers and flood
hazards.
Response: This provision does not apply for the proposed use amendment
4
"
....~
'-,""
4. Whether the proposed development creatively employs land planning
techniques to preserve significant view planes, avoid adverse
environmental impacts and provide open space, trails and similar
amenities for the users of the project and the public at large.
Response: The applicant is only asking for an increase in commercial uses allowed by right in the
SPA No public amenities are proposed as no new development is proposed.
5. Whether the proposed development is in compliance with the Aspen
Area Community Plan.
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 providing daily and frequent neighborhood services and the reduction of traffic, Staff
has closely reviewed the proposed list of uses and has made comments relative to their
appropriateness in the NC zone district, as recommended by the AACP,
6. Whether the proposed development will require the expenditure of
excessive public funds to provide public facilities for the parcel, or the
surrounding neighborhood.
Response: The City has been working on improvements to Puppy Smith Street and has suggested
that the applicant provide a sidewalk along the south side of this street Therefore, the proposed
amendment will not require the expendimre of public funds to provide public facilities,
7. Whether the proposed development on slopes in excess of twenty
percent (20%) meet the slope reduction and density requirements of
Section 7-903(B)(2)(b).
Response: No new development is proposed, therefore this provision does not apply,
8. Whether there are sufficient GMQS allotments for the proposed
development.
Response: The applicant is not seeking to increase the floor area of the project, The request to add
supplementary uses to those presently allowed does not trigger the need for GMQS allotments,
2, The applicant shall construct a new sidewalk on the north property boundary of the property
adjacent to Puppy Smith Street, The plan for this sidewalk must be reviewed and approved
by the Planning Office and City Engineer, The sidewalk shall be constructed within 180 days
from the date of approval by City Council,
5
~" .J'
Exhibit C
,,,v.''''
Zone District Purposes
The purpose of the NC zone district follows:
The purpose of the Neighborhood Commercial (NC) zone district is to allow small
convenience retail establishments as part of a neighborhood, that are designated 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 purpose of the CC (Commercial Core) zone district is:
The purpose of the Commercial Core (CC) zone district is to allow the use of land for retail
and service commercial, recreation and institutional purposes with customary accessory
uses to enhance the business and service character in the central business core of the city.
Hotel and principal long-term residential uses may be appropriate as conditional uses, while
residential uses are permitted or may be appropriate as conditional uses,
The purpose of the Commercial (Cl) zone district is:
The purpose of the Commercial (CI) zone district is to provide for the establishment of
commercial uses which are not primarily oriented towards serving the tourist population,
The purpose of the ServicelCommerciaIlIndustrial (S/CIf) zone district is:
The purpose of the Service/CommerciaIlIndustrial (S/C/I) zone district is to allow for the
use of land for the preservation or development of limited commercial and industrial uses
which do not require or generate high customer traffic volumes, and to permit customary
accessory uses, including residential dwellings,
The purpose of the Office (0) zone district is:
The purpose of the Office (0) zone district is to provide for the establishment of offices and
associated commercial uses in such a way as to preserve the visual scale and character of
former residential areas that now are adjacent to commercial and business area, and
commercial uses along Main Street and other high volume thoroughfares.
Iii
NC and SCI Zone District Uses (Pennitted and Conditional)
The following uses of the Neighborhood Commercial (NC) zone district are pennitted as of right:
L Drug store
2. Food market
3. Liquor store
4. Dry cleaning and laundry pick-up station
5. Barber shop
6. Beauty shop
7, Post office branch
8, Record store
9, T. V, sales and service shop
10, Shoe repair shop
1 L Video rental and sale shop
12, Accessory residential dwellings restricted to affordable housing guidelines
!3, Accessory buildings and uses
The following uses are permitted as conditional uses in the Neighborhood Commercial (NC):
L Service station
2, Laundromat
3, Garden shop
4, Hardware store
5, Paint and wallpaper store
6. Carpet, flooring and drapery shop
7, Business and professional office
8, Free market dwelling units which are accessory to other permitted uses
9. Home occupation
10, Satellite dish antennae
The following uses are pennitted as of right in the ServicelCommerciaIlIndustrial (SCI) zone
district.
I. Limited commercial and industrial uses including the following and similar uses:
Vehicle sales
Appliance and equipment rental. storage, and repair
Automobile repair
Automobile washing facilities
Electrical and plumbing service shops
Commercial bakery
Computer product sales and services
2
'''-,.....-
Limited industrial uses including:
Builder's supply
Industrial dry cleaning plant and laundry
Fabrication and repair of building materials and components
Lumberyards
Manufacture and repair of electronics or sporting goods
Printing and publishing plants
Telecommunications supply
Typesetting
Warehousing and storage
Shop-craft industry and similar uses
Artists' studios with optional accessory dwellings
All of these uses are permitted provided they do not create unusual traffic hazard,
noise, dust, fumes, odors, smoke, vapor, vibration, glare or industrial waste disposal
problems, and provided that no permitted uses principally sell daily for frequently
bought items to the general public;
2, Accessory residential dwellings restricted to affordable housing guidelines;
3. Horne occupations; and
4, Accessory buildings and uses,
The following uses are permitted as conditional uses in the SCI zone district:
I. Full-service gas station;
2, Dance studio;
3, Martial arts studio;
4, Dwelling unit accessory to permitted uses other than artists studio;
5, Catalogue sales store;
6, Laundromat;
7. Photography studio;
8, Satellite dish antennae;
9, Above-ground fuel storage tanks,
3
Exhibit 0
,..-
f
!
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING CONDITIONAL APPROVAL
OF A SPA AMENDMENT
TO CITY COUNCIL
FOR THE TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT
TO PERMIT ADDITIONAL USES IN THE SPA
Resolution No. 9S-JES
WHEREAS, Philip Bloemsma, the representative for the Trueman
Aspen Company, has submitted an application to the Planning Office
requesting the addition of 23 uses to be considered permitted uses
for Lot 1 of the Trueman Subdivision SPA; and
WHEREAS, the Trueman Neighborhood Commercial Project was
approved in 1977 with the uses of the NC (Neighborhood Commercial)
and SCI (Service/Commercial/Industrial) zone district. This is
indicated in Plat Book 5 at Page 75. The applicant is seeking to
add additional uses to those presently specified in the NC and SCI
zones and is requesting an SPA Amendment pursuant to Sections 24-
7-804(B) and 24-7-804(D) (2) of the Aspen Municipal Code; and
WHEREAS, the Applicant is seeking to have the following uses
become permitted uses for Lot 1 of the Trueman Subdivision SPA:
travel agency; second hand store; kitchen supply store; optical
lab; office supply; lighting store; photo/framing store; furniture
store; auto parts shop; children/toy store; bookstore; gift and
card shop; take-out food shop; florist; lock shop; sporting goods
store; appliance store; pet store; clothing and shoe store;
aUdio/video/computer/communications store; bed, bath and linen
store; arts and crafts; and, all current conditional uses would be
considered permitted uses; and
WHEREAS, it has been found that several of these uses are
permitted in the SCI zone district and that a SPA amendment is not
necessary if these following uses comply with the explanation
included in the SCI zone district: kitchen supply store; lighting
store; photo/framing store; auto parts shop; lock shop;
audio/video/computer/communications store; and, arts and crafts
store.
WHEREAS, the Planning and Zoning commission considered the
Applicant's request at a duly noticed public hearing on June 6th
and June 20 1995. The Commission expressed concern that many of
the proposed uses did not meet the intent of the NC zone district
and that these new commercial uses would erode the NC zone. The
Commission further identified that the expansion of the proposed
uses into the NC zone would turn the Trueman center into an area
that would compete with the commercial core; and
WHEREAS, the Commission discussed the application and voted
to approve a modified version of the applicant's request by a vote
of 4-3.
"
.-..
NOW, THEREFORE BE IT RESOLVED by the Commission:
That it hereby recommends a modified approval of the applicant's
request that would add the use "florist" to the conditional uses
permitted at the Trueman Subdivision SPA for Lot 1 to city Council.
NOW, THEREFORE BE IT FURTHER RESOLVED by the Commission:
That it hereby recommends that the current square footage of SCI
uses be calculated and require this percentage of space to always
be reserved for SCI use in the project to City Council.
APPROVED by the Commission at its regular meeting on June 20, 1995.
Attest:
Planning and
Commission:
zoning
~~ Q.cuvtillo
Sharon carrillo,
Deputy City Clerk
SCl/.L:[ #aftwv
Sara Garton,
Chair
reso.apz.spa.trueman
2
~2- ?_
Exhibit E
PLANNING & ZONING COMMISSION
JUNE 6. 1995
sliding glass door versus swinging doors. The light is thA issue
here as far as the Building Department is concerned. Hunt r3tated,
O.K, then, what about a Condition 14, that swinging door with as
much glass as possible be provided for the main entrance, however,
if UBC prohibits any feasible means of doing that, then the sliding
glass door would have to be it. Garton stated. that's a condition
though, Roger, Kerr added, we're not talking about a condition,
we're recommending. Garton stated, let's not make it a condition.
Hunt stated, there is no Condition 14. Nichols stated, I agree
with you on sliding doors and I will research and see what the best
thing is to put in there.
Kerr asked if there were any comments from the public, there were
none. He closed the public hearing.
TRUEMAN LOT 1 SPA AMENDMENT
Kerr re-opened the public hearing for this item and said,
it over to Mary.
I turn
Mary Lackner presented for staff and stated, Philip Bloemsma is
here and is representing the Trueman/Aspen Company. What they are
asking for is to add some uses to the Trueman/Aspen Lot 1, where
Clark's Market and that whole development is, and amending the SPA
agreement to allow these additional permitted and conditional uses,
As you can tell from the applicant's letter, they have requested
23 additional uses to be permitted as right-on-site. Staff is
going through each one of those items, and looking at the purpose
of the NC Zone District. in which this is located, and dete,'mining
what uses we feel would be appropriate in that location in the NC
Zone District. and then, what uses. perhaps should be conditional,
which should be permitted and which should not be permitted in that
zone, What we did was take the applicant's request and broke it
down into those categories. Our recommendation is in the
Recommendation Section, and I don't know how you want to go through
this; if you want to go through item by item or just stalt with
what is in the recommendation. We also have two, depending upon
how many changes the Planning and Zoning Commission makes,
recommended conditions to go with this SPA agreement, One has to
do with the sidewalk at Puppy Smith Street that we discussed with
other conditional use reviews in this area. and then, the other one
would be that he would have to file a new SPA agreement showing
changes, if any are done.
;
Phil ip Bloemsma stated, I don't have a presentation per se. I
would ltke to ask that the staff keep in mind the purpose of the
NC zone district when we make these decisions; that they are small,
convenience, retail establishments and they serve a daily or
12
:>r
~;. ,...
..~,,~-
PLANNING & ZONING COMMISSION
JUNE 6, 1995
frequent trade or service needs of the neighborhood. The sidewalk,
I don't know that that's a related issue.
Kerr stated, you read staff's recommendation as to which uses are
being permitted by right and which ones are going to be
conditional? Bloemsma answered, yes, I have. Kerr asked, what's
your opinion of that? Bloemsma answered, well, 'those that they
recommended, we accept, but I disagree with a few of them that
haven't been accepted, primarily, a sporting goods store. I feel
that this is a very active community, and the daily needs of skiers
and cyclists is important. I know I go to a sporting goods store
more often than I go to many other retail establishments in town,
and that was not a permitted use. I think, also, that a lot of the
conditional uses; I'm not sure I understand the idea behind the
conditional use. P&Z needs some controls, but from our
perspective, it adds another six weeks to two months to
negotiations with a perspective tenant and that's enough to scare
somebody away; to gamble that on whether or not they are going to
get approved from the P&Z. That's one of the conditional uses I
would like to see as permitted uses. We currently have 12 retail
spaces down at the shopping center and, I believe, there are 12
permitted uses there, two of which are redundant. One's a beauty
parlour and one's a hair salon, I believe it's called. We have the
ability to split it up even more than that and have more small,
convenience, retail stores. Right now, what's happening is, the
larger retailers are expanding and we are losing the smaller,
individual retailers; Clark's Market, Alpine Hardware, the liquor
store, they all want more space, whereas, the smaller, convenient
shops; sporting goods, book stores, this list we have come up with
here, as being squeezed out. They are not interested in the
spaces,
Garton stated, Phil, this is tough for me because we're so
concerned about expanding commercialism within the town anyway;
expanding commercial space. If you add more uses by right, for me,
we are turning it more and more into a commercial zone district;
just commercial core, However, I hear what you say about making
it so onerous for you that you add a lot more time for being able
to negotiate rents and that you are losing your mix. On the other
hand, we are here, as a Planning Commission, wanting the best for
the community, There are only two Neighborhood Commercial Zones,
everything that still goes in there is still reviewed because it
is going to start creeping. We have a very large commercial core,
and I'm sorry for the process time it takes, I don't know if we can
shorten that in any way to help out; you that are in the
Neighborhood Commercial, but I don't want to add anymore uses by
right to the zone at all, I haven't heard a good enough argument
for it.
~unt stated, I have to agree with Sara. The thing that worries me
13
;,c\
"'-, "
.-
PLANNING & ZONING COMMISSION
JUNE 6, 1995
is the creeping of the C-l uses taking over the SCI and NC space
down there, and the only way we can keep that creep from happening
is to review most of these things, unfortunately. That's where I'm
coming from. I will indicate that I, basically, agree with the
Planning Office memorandum.
Garton asked, you would add more uses by right though, do you
think? Hunt answered, well, are there really any uses by right
here? Lackner stated, there are six. Hunt said, oh, I do have a
problem with those or, at least, some of those. Mooney stated, it
says that allowed current Conditional Uses would be considered
Permitted Uses. Are those Conditional Uses that exist going to be
added by right, then? Lackner replied, staff's recommending that,
midway down the page, there's four items; the laundromat, garden
shop, hardware store, and paint and wallpaper store, those are
existing conditional uses. We are saying that those four would be
allowed by right. Kerr asked, I thought that you said that all of
your tenants were permitted uses? Bloemsma answered, we have 12
permitted uses in the NC Zone District currently. Lackner stated,
it says that he has the list of NC permitted, and then, conditional
uses, and currently, there is the lock shop down there, which is
not use listed at all in the zone. There is the hardware store and
the paint and wallpaper store, so he does have two for special
review for conditional use. Kerr asked, how many total uses do you
have down there? Bloesma answered, we have 12 retail spaces down
there, currently. Kerr stated, but the lock shop is not a
permitted use. Bloesma stated, it hasn't been for 15 years.
Kerr stated, it's there and I use it once in awhile. Hunt stated,
that is an SCI use though, isn't it? Well, the half of this is
SCI, Way back when, the ground level was supposed to be NC, the
lower level was supposed to be SCI. Now, what has it transitioned
to? Because SCI uses were permitted uses in the basement level of
the Trueman. I'm going to raise a great big flag here. I remember
Trueman so well, it's not funny.
Lackner stated, from what I know of Trueman is that it is all NC
uses, Hunt asked, how did we lose the SCI in the shuffle? That's
how Roger's Locksmith got in there, because he was an SCI use. So,
philosophically, that was approved, way back when, to start with.
It wasn't a hard and fast rule, we just wanted a balance; sure,
there would some NC uses in the basement, and some SCI uses up
above, but the idea was that you had both those uses in this area.
I'm not even in doubt about that. Garton stated, Roger, you can't
split zone like that; that may be your intent. Hunt stated, this
was an SPA, and yes, you can. I get upset with things lost in the
shuffle, because we are losing, essentially, a lot of uses, if we
have lost the ability to put SCI uses in there. Leslie Lamont of
staff asked, in the basement? Hunt replied, well, it wasn't a
hard-fast rule, in the basement, more or less, square foot area-
wise, when this was first approved, it was philosophically, the
14
" ,>~
-"""'"
PLANNING & ZONING COMMISSION
JUNE 6, 1995
square foot area which is in the basement, with the SCI uses.
There could be some SCI uses above, some NC below, but it was,
basically, split SCI and then, NC. Somehow, it seems to have
gotten lost in the shuffle,
Lamont stated, a lot of the old Trueman files; a lot of historical
files that sat out throughout this entire shopping center, have
been lost. In the past, when we were doing the Rio Grande, and
when Kim was researching, it has been very, very difficult to
figure out, historically, what has happened on this property. Hunt
stated, I have, absolutely, no problem with the lock shop with the
permitted use of an SCI use because part of this property was
supposed to be partially SCI. Kerr asked, what do we get if all
permitted uses of either SCI or NC are permitted on this SPA
property and all conditional uses of both SCI and NC are
conditional uses on this SPA property? Where does that get us?
Mary Lackner did some researching and stated, SCI permits limited
commercial and industrial uses including the following: vehicle
sales, appliance and equipment rentals, storage repair, automobile
repair, automobile washing, electrical and plumbing service shops,
commercial bakery, computer product sales and services, limited
industrial uses, including builders' supplies, industrial dry
cleaning plant and laundry, fabrication repair of building
materials and components, lumber yards, manufacturing repair of
electronics or sporting goods, printing and publishing plants,
telecommunication supply, typesetting, warehousing and storage,
shop craft industries and similar uses, artist studios with
optional accessory dwellings, and provided that they do not cause
traffic, noise, dust, fumes, odors, or those types of things.
Hunt stated, Clark's Bakery, the commercial bakery, way back when,
was considered an SCI use. That is why it was there; not an NC
use. Lackner added, as far as conditional uses, also, there is gas
station, dance studio, martial arts studio, catalog sales,
laundromat, photo studio, above ground fuel tanks. She said, what
we can do, is go back and research this "stuff" and bring it back
to you, and, I guess, I would like the rest of the Commission's
feeling; should we then, re-focus or look at doing just NC, SCI may
already exist. Any other feedback?
Mooney stated, I really don't think I like to expand it to the SCI
zone, and I don't think that .,.Hunt stated, it is not expanding
it to that, though. Mooney replied, well, I think it did. Non-
conforming SCI uses there should be some kind of conditional uses,
in my mind, because they are existing, but to create more openings
for SCI elements, I don't think that's the neighborhood for that.
As far as what is in front of us, I, basically, think that these
could be conditional uses and by no means would I consider them as
permitted uses, 1 through 23; and by no means would consider any
15
A"..."',
"'-,.",
,.-.....
PLANNING & ZONING COMMISSION
JUNE 6, 1995
of the conditional uses as permitted uses. I
conditions of this application; the two conditions,
to apply.
think that the
definitely have
Garton asked, Tim, are you agreeing with staff's recommendations
that a couple more be added? Mooney stated, I don't think anything
be a permitted use, at all. If these, 1-23, are, in my mind,
accepted at all, I would consider them as conditional uses. Garton
stated, but page 8, I guess, is what I am asking. Hunt stated,
there are things that are in 1-23 that I don't think are
appropriate. Garton stated, but page 8 lS the staff's
recommendation after reviewing it. Mooney stated, I, basically,
don't feel that the conditional uses that exist there, should be
permitted uses, at all, and I wouldn't change the level of review
to make anything permitted anymore than there is now. And, I
certainly wouldn't expand it into any other zone than the NC zone.
Lackner asked Mooney, would you allow any more of those uses on
that list to be conditional uses? Mooney replied, to me, I think
the list on page 2, 1-23, could all be conditional uses. Hunt
stated, I don't agree. Mooney stated, I will eliminate anything
you want; the smaller the list the better, as far as I'm concerned,
because, I too, feel... .well, you know how I feel.
Kerr stated, one possible solution then, would be taking staff's
list of 6, and then also, staff's list of 8 (assuming everybody
agrees with those), and then, the list of 4, are already
conditional uses. If we took those 14, and made those all
conditional uses, and none of them permitted uses, that, in affect,
is what you are getting at? That, in affect, would be taking 14 out
of the 23, and saying, we will approve those as conditional uses,
but not adding anything to the permitted use list. Mooney stated,
that's the theory or thought I came from. Garton stated, that's
what I was saying, too, Bruce, that I wouldn't mind expanding the
list, but no more additional uses by right. Kerr stated, I don't
have a particular problem with proceeding that way, I also,
wouldn't have a part icular problem in approving, changing lock
shops, or anything like that, for permitted use. It's been there
for, gosh, about 15 years.
Hunt stated, my point is, that that is an SCI use, and that's the
reason it got in there in the first place; some, not all, SCI uses
were permitted in this area, and were encouraged in this area,
because there was a square footage area so that this much square
feet should be SCI-type uses, not all are permitted in the SCI
zone.
Mooney stated, I think the neighborhood has changed significantly,
and now with the development of the Aspen Airport Business Center,
I think we have an alternative, So, I think that more neighborhood
16
:n
PLANNING & ZONING COMMISSION
JUNE 6. 1995
commercial, conditional uses, are something that I'm leaning
towards. Kerr stated, Roger, look at the zoning map, it appears
that the NC and SCI are split, but they are not split up and down,
they are split sideways. Garton stated, maybe, that's what he is
indicating, is what Bruce is saying, Kerr, I think staff needs to
research that issue; that may not have anything to do with what we
decide to do about the conditional uses.
Kerr asked, is there anyone from the public that is here to speak
on this item? I did open the public hearing. There were none.
Kerr closed the public hearing,
Bloemsma stated, I like the recommendation that Tim had about the
14 permitted uses, the list of 14 being conditional uses, and I
would propose that we add two more to that; one, a bank, and one,
a sporting goods store. Kerr asked, are those actual perspective
tenants that you've got? Bloemsma answered, yes. Lackner stated,
you reviewed a satellite branch of pitkin County Bank. As far as
sporting good stores, there is a lot of competition in the CC and
C-L
Bloemsma stated, I still go back to what the purpose of the NC zone
district is. I don't think the Commission is here to deny
competition, I think we are here to serve this purpose; the purpose
is, to allow small, convenience retail business, that support daily
or frequent trade or services to the community. As I said before,
I think a sporting goods store fits that to the tee. That's my
opinion, Hunt stated, you are talking about a lot of people going
there daily, as opposed to a smaller group having to go daily for
daily-type needs. In other words, a grocery store has almost
daily-type needs for resident population. I'm hard-put to see in
my daily needs, having to go to a sporting goods shop. Bloemsma
said, or a lock shop. Hunt replied, a lock shop is SCI, and that
was allowed in that zone. I'm going to bounce back to that because
I am adamant about that, and I believe, at this point, we need more
research into this issue to go any further, We had a majnc fight
to retain that SCI square footage, way back when, and I think it's
appropriate to keep it now, just as that lock shop is appropriate
there. Bloemsma stated, I still believe a sporting goods store is
as of frequent use as any of the other current 12 permitted uses
on the list, Hunt stated, what's not on the list, these are just
to be added on the list, what's not on the list is, drug sture, for
example, which I think is a permitted use on the list, isu't it?
Bloemsma said, yes, it is. Hunt stated, in other words, WE're not
showing the whole list here. Bloemsma said, Exhibit B. HurJt said,
maybe, I missed it.
17
" ~
PLANNING & ZONING COMMISSION
JUNE 6, 1995
Garton asked, how did we approve the bank, if
conditional use? Lackner replied, it came under
professional office. Garton said, O.K.
it's not a
business and
Hunt stated, I, for one, don't want to go further until the rest
of the Commission has the background on this property, and why it
happened; I just don't want to be the only voice "hollering out of
the wilderness", here. So, it looks like I'm going to be In
disagreement with Tim, because I j~st know where this came from.
Kerr stated, I don't think you are in disagreement, I think Tim
would be for the shortest list possible. I don't think you are
proposing all 23. Mooney stated, I would like to cut it down as
much as possible. I guarantee you, I'm not going to create any
opportunity for commercial growth, if I don't have to, and I think
that the split uses of the neighborhood commercial attitude, we can
pretty much require that these aren't going to be chain stores,
these are not going to be tourist -oriented stores, this isn't goj. ng
to be a traffic pattern that is going to compete with the
commerical core
and the high tech uses that are on Cooper Street and on the malls,
I think that if there are some needs in the neighborhood commercial
area, that the Trueman property is the place where we should expand
them. I am, by no means, interested in creating a broader aspect
of commercial development, at all, "Rog", and I want as :3mall a
list, as tight a circle, as possible. I really think that the
neighborhood commercial zone is my umbrella.
Hunt stated, my only comment about that, basically, is, you are
saying neighborhood commercial, and I understand that, but so many
of the arguments, when this was going through was to retain space
for some, not all, service commercial industrial uses, like T.V.
repair. Mooney answered, I definitely think that Henry's is
abusive, I definitely think that Velo is abusive, they are selling
as many snowboards as Aspen Sports, and I think we ought to go in
there and get them to comply, Hunt stated, the point is, square
footage-wise, philosophically, this was supposed to be SCI uses for
that amount of square footage. Mooney replied, the neighborhood
has changed significantly, I go back to what we have at the Airport
Business Center, I now think that that's the space, Hunt staled,
I don't think that that is necessarily an appropriate space for
Roger's Locksmith, yes it would be, but there's nothing wrong with
Roger's Locksmith there, there is nothing wrong with the T. V.
Repair that used to there, there's nothing wrong with the Clark's
Bakery, which is an SCI use. The point is, the problem is seI uses
are not the highest and best usage that they can get theiI:' money
out of, so, of course, they are always interested in getting that
space to a higher and better usage, but I think there are those
uses that we need to accommodate in this community and that space
was originally designated for it, and I want to retain that
capability,
18
PLANNING & ZONING COMMISSION
JUNE 6, 1995
Kerr stated, we've got one of several different ways we can proceed
on this issue. One would be, to table it, asking staff to review
the history of the SCI/NC as it relates to this parcel, so we'll
know what's going on, and then, what we want to do, with those SCI
uses that were part of the original SPA, Roger's Lockshop is one
specific example where, maybe, that needs to be a conditional or
permitted use within NC, we can kind of forget about the SCI that
was originally done, we have to assume that is not very clear.
Another possible way to proceed is to adopt some additional
permitted and/or conditional uses out of the list of 23 or 14 or
some combination thereof, ranging all the way up to the full list
of 23. I think, if we go through a tabling process, perhaps
something that might be helpful to staff, is to take that list of
23 or 24 or 25, and with each use indicate which of those uses we
would find acceptable as either a permitted or conditional use
within the NC district, so they can have some guidance.
Chuck Roth stated, well, it's kind of sideways for you, but on that
second conditional approval on the sidewalk; 180 days from today
is about the end of the excavation permit, and I wonder if we could
key the sidewalk construction to any certificate of occupancy on
a new use granted by this proposed change?
Bloemsma asked, what has changed since the last meeting we had
regarding the bank, as far as, how is this appropriate for the
Commission? When we addressed the bank issue, the sidewalk was a
separate issue, and I'm not sure I understand what's changed since
then, and why the City is recommending that this be conditional.
Kerr stated, I don't understand that, either, I don't understand
how the sidewalk is related to text amendments. Lackner answered,
because they are getting liberalized, or more uses allowed on site,
we feel that we want to go back to the original and say, these are
some deficits in the original subdivision that we want to "beef
up"; the sidewalk for the pedestrian circulation in the area.
Roth added, the Neighborhood Advisory Committee met last week and
they are asking us to try to get sidewalk along the Post Office,
so the intensity of interest in sidewalks has increased.
Garton stated, however, Chuck, what I am meaning is, I don't want
anymore permitted uses, I only want conditional uses. If I only
approve this list for conditional uses, I cannot ask them to 0"t
in a sidewalk. Lackner replied, they would, essentially, expand
the range of commercial uses. .. What is happening there, since that
project was developed, a lot of the affordable housing is located
on that side of the town and people come through this project;
Trueman, and including the Post Office, and encourages pedestrian
use, So, that's why we see now, there is a need for a sid~walk in
that area, It's shown that both sides of the street need a
sidewalk. Bloemsma stated, Trueman/Aspen Company would like to see
19
"
,"'..'"
/
............
PLANNING & ZONING COMMISSION
JUNE 6, 1995
a sidewalk there. Garton replied, but until, Phil comes in and
says, here is another conditional use I'm asking for, then, I'll
ask for the sidewalk. I don't want to ask it for while he's just
expanding the list. Lackner stated, then, you are tagging it to
one, Then the bank will come In and say, my bank doesn't
necessitate me to put in a sidewalk, but we're saying is, since
this is a liberalization of all uses in that lot, we should put
that condition on, so it's not going to one "guy", asking for one
conditional use.
Mooney stated, I think it's appropriate, myself, because what is
going to happen is, that the number of different kinds of services
is going to increase, if we expand the list. What they will do,
as soon as they move someone out, they'll cut the floor space in
half and have two shops, with two separate entrances, which will
create more traffic patterns, as far as I'm concerned. I think
that if we don't put ourselves in a position to provide for those
traffic patterns now, we're not going to get it in the future. If
we, basically, put a bunch more opportunities and don't plan for
the traffic patterns now, and take advantage of having this on the
table now, I don't think we're going to get the fundamental
opportunity to put in a sidewalk again, I don't think a sidewalk
is that elaborate; if we were asking for something that was in
excess to handle some kind of traffic pattern, turnarounds, or
road cuts, or something else, then I could see that that was
excessive, but a sidewalk, to me, is the fundamental key to open
these commercial opportunities, and expand the number of people
that are coming there for one time, in-and-out type, "I need a key
made", opportunities.
Garton asked, how do we tie this into Chuck's request? Bloemsma
stated, you don't want to allow us anything, and you want us to
build the sidewalk. I don't understand that. Kerr stated, I think
that's the point in which we tie it in, is the SPA amendment, it's
not the text amendment, itself, it's the SPA. Chuck, is there
anything magic about the 180 days, is there any reason why we
couldn't say 120 days, or 90 days? Roth answered, I was looking
at getting it done this year. Kerr stated, that's what I'm saying,
if we were to end up tabling it to a future meeting. If we're
worried about getting it done this season, there's nothing to
prohibit us from saying 120 days. Roth stated, it would just
depend on when the final day of approval was. I was thinking of
keying it to October 31, which is the end of the excavation permit,
Bloemsma stated, before we close this, I probably think it is a
good idea to table it and find out what the zoning i~ downstairs,
and I would like to ask the Commission to explain to.me the purpose
of the NC zone district, as I read it, I'm n'pt sure, and I'm
getting some conflicting ideas as to what your ideas of the NC zone
district are, Maybe you could tell me what you feel the NC zone
20
>
P""^,
-..
'-"
'-
PLANNING & ZONING COMMISSION
JUNE 6, 1995
district is. We have 37,000 square feet of retail space down
there, we have 12 permitted uses. We could have one big WalMart
down there, is that what we want? Lackner stated, you can't have
a big WalMart, because we have restrictions. Bloemsma stated, I
understand that. Kerr stated, I think the key words, are one;
small, convenience, part of the neighborhood, reduce traffic
generation, mitigate traffic circulation, and I think that's where
the problem comes in with the sporting goods store, for example.
They say a sporting goods store falls outside that. I think if you
key in on those words, those are the parts of the NC that we are
trying to preserve and keep that integrity. Mooney stated, I'm not
suggesting that you do that with your space, but I think we can
coin that as the "Don Fleischer rule of thumb". Bloemsma stated,
I don't want to be compared to the other buildings in town, I feel
the Trueman/Aspen Company is loyal to the community, and I believe
we've shown that and we want to continue that. Lackner stated, I
think what you need to look at, and staff tried to do this in the
memorandum, is to identify the uses that were proposed by the
applicant, where else these uses are allowed. We don't want to
open up NC to be just to be just an extension of CC or C-1, That's
where our recommendation has gone down to, what meets the purpose,
and what may not be accommodated elsewhere. Hunt stated, I just
have to put in a word for preserving the SCI space in this area.
If you make just SCI uses, conditional uses, for Neighborhood
Commercial, that basically, gives them the benefit of saying, oh,
I don't have to accommodate any SCI spaces in here, NC spaces are
higher and better usage, so there goes all the SCI, folks. There
goes Roger's Locksmith, there goes the laundry, and things like
that,
MOTION
Hunt stated, I move to table action pending staff's researching
the SCI issue on the Trueman property until June 20th, 1995, and
continue the public hearing. Garton seconded. Vote commenced,
vote was unanimous in favor, motion carried.
Discussion of Motion
Kerr stated, I would just make a recommendation to all commission
members to give staff the list of what you can live with and what
you cannot live with in so far as the NC zoning, pending what comes
out of the SCI research.
Kerr closed the public portion of the meeting.
21
,
Exhibit F
PLANNING & ZONING COMMISSION
JUNE 20. 1995
NORTH MILL STATION SPA AMENDMENT
(CONTINUED FROM JUNE 6)
Garton opened the public hearing.
Mary Lackner represented staff and stated, to update you from our
last meeting, staff did go back and find some "stuff" from Roger's
memory, actually on paper. The North Mill Station (Trueman) is
zoned Neighborhood Commercial but also has the permitted uses of
the SCI zone, It would also be eligible for the conditional uses
of SCI, but those would have to come through the conditional review
process. There was also a find regarding the sidewalk. It was in
the original subdivision approvement agreement that at a later date
the City can ask that a sidewalk be constructed and the developer
will pay the City back. or the City can build it and they have to
pay the City back within 60 days, along Puppy Smith Street. So,
that was something that was originally talked about. but they did
not require it back then; they said that at the time it was needed
the City could get assistance on that. So, that's something
that we are not going to ask as a condition anymore, because it is
already built into the appovals.
Lackner stated, what I would like to do, and get some feedback from
the Commission, is go through the list of 23 items that the
applicant has asked to have at Lot 1 of Trueman. I would like an
idea from the Commission, if any of these you would recommend to
be added down there, what should be conditional, or whether they
should not be pursued. On the first and second pages is that list.
The bold ones are what we found were added through SCI, and I think
the question with most of them would be, when the application comes
in we would have to make sure that it does meet the intent of the
SCI zone. You can't have constant sales of items, I mean, like a
kitchen store; can it be with shops, or can it be like more of a
cabinet shop that does improvements to kitchens, I mean, there is
a fine line there. We would look at the way SCI is set up to make
the call on whether or not that kitchen shop is permitted. So, if
we could just go through these,
Hunt asked, you didn't find anything, as far as the distribution
of SCI and NC? Lackner answered, no. Hunt stated, I remember,
very definitely that the attitude, when this got approved, was that
the basement floor area more or less was the SCI, that didn't mean
SCI had to be in the basement, but more or less, the distribution
on that basis of the square footag~. That was very important back
then, and I think it is even more.' important now, because as we tend
to re-zone things, that square footage area of SCI is not
recognized, then you will just end up with Neighborhood Commercial
uses because that ends up being higher and better use. The side
12
-.5~!
"''''''''
",
~.^""
'-'
PLANNING & ZONING COMMISSION
JUNE 20, 1995
affect is, that they will get more money out of their property and
we will lose it as an SCI zone. That's what I don't want to see
happen. Lackner stated, the only floor area breakdowns were
between residential and commercial, but I don't recall anything
between NC and SCI.
Hunt asked, do we have an idea of what the present breakdown is
between SCI and NC uses, excluding the residential, I'm just
concerned about the commercial aspect, We have the commercial
bakery there, the hardware store, the key shop, you know, there are
SCI uses there. Lackner stated, I don't have that breakdown. Hunt
stated, I would, somehow or another, through this process, try to
get it established, an approximate square footage area in that
entire complex that should be SCI. Otherwise, it makes no sense.
Garton stated, since this is an SPA amendment, it would be like we
could actually put those figures into the amendment to the SPA.
Hunt added, establish, at least what they have now or whatever the
square footage is of the basement, that that be the goal for SCI
uses in the entire building. Nobody ever cared whether the uses
were in the basement or not, that I remember. It was perfectly
fine for the key shop to be upstairs. I know no one wanted to
eliminate that kind of flexibility in the use of the building, I
don't know why that attitude didn't get through in the paperwork.
Garton asked, do you think it might be more efficient to just go
through with what staff recommends, which is on page 3, and then,
if there are objections to that?
Blaich said, I have a question I would like to inject before we do
that. What affect, if any, does this have on this adj acent
property across the street on Puppy Smith? Lackner stated, it has
none. Blaich stated, because a number of the things that are not
allowed, are over there; for example, sporting shop is over there.
Any decision we make on this might have an affect; they may come
in and want a variance on what they have. Lackner responded, what
this is siting is just Lot 1 of Trueman, and that's where the
parking lot and grocery store is. Blaich stated, I understand
that, but I'm just saying, because it is an adjacent property, if
we decide on something, will that trigger something. Lackner
answered, their SCI needs to meet those requirements, I think over
time the bike shop has expanded from just bike repair to sales,
They will have to come and stand on their own merits. Blaich
stated, O,K., so, we're not setting precedent here because it is
an adjacent property, that someone will say, how come there and not
here.
Leslie Lamont frorr! staff commented that staff was getting a lot of
pressure from that area and was in the process of drafting letters
for polling of the area. She stated, what we would like to do,
1],
211
. "'""
"'""'.
,""",,.,
'-
PLANNING & ZONING COMMISSION
JUNE 20, 1995
because Mary's done such good work so far in analyzing the uses,
we'd like to roll this into, maybe, an analysis of our SCI zone
district, The SCI down there versus the SCI here in the Bass
Building has become very different, and we need to take into
account the buildings next to the river with the Rio Grande Park;
we may want to re-think our uses in there. Blaich stated, that's
what I was getting to, because there is so much, and one thing is
going to trigger another. Lamont stated, there is so much pressure
from people to find a way to squeeze in there, Some people have
some really great ideas, but the code doesn't allow them to do
that.
Garton stated, you see on Page 3 what is self-explanatory and what
is permitted in the SCI zone district, and staff recommends the
following uses be added to the uses currently permitted by right;
second hand store, office supply, florist, and catalog store.
Is there any discussion?
Chaikovska asked, this is specific to this property, as to what we
think is appropriate in this property, is that correct? Is that
what we are doing here? Lackner stated, what is appropriate on the
property, it does have an overlying NC zone, which is the
Neighborhood Commercial Zone, so things need to comply with that.
Chaikovska stated, there are some things, for example, the sporting
goods store, that I heard you comment would be more appropriate in
the core, than in here, so it's also subjective? Lackner stated,
do you think a sporting goods store is appropriate in the NC zone,
is more the question, specifically, on that site? Blaich said, I
see that this whole thing is really excluded from the original
list; optical lab, sporting goods, clothing/shoe store, and bed and
bath. It covered all the others in one form or another, from the
original request, Chaikovska stated, I guess, to continue in terms
of the ones you are recommending the permitted by right, I guess
I would think the second hand store would be something that we
would want to look at, and maybe, make that a conditional use,
rather than a permitted use. To me, it really doesn't fit down
there at all, it's more of a grocery, hardware, all supply, kind
of thing, rather than a retail clothing establishment,
Tygre stated, I really don't like to see a great expansion of uses
by right on this property. On the property, you are getting so
much pressure for uses that can't quite fit in, but maybe they can,
This indicates to me that as many conditional uses as are now
allowed, should remain conditional uses, unless we see something
that overwhelmingly belongs in there by right. This space seems
to me too precious to be able to have additional uses by right go
in, unless '~here is something that got left out in the original
intent, J That's my position on this memorandum, and I think your
analysis is great, but I really would like to put the burden on the
applicant to have these great ideas; to be able to come in with a
14
3. '\
p",,"
,,-,J
PLANNING & ZONING COMMISSION
JUNE 20, 1995
conditional use application and convince us that their particular
application really belongs there.
Garton stated, my feeling in the last meeting was that, and the
Commission feels generally, there should be no additions to
permitted rights, especially now that we see permitted rights are
accepted under the SCI. How does the Commission feel about
expanding the conditional use list?
Tygre stated, I think most of the things that are listed in the
first paragraph of conditional uses, I agree with Marta. I don't
think that a second-hand store is necessarily right, but they might
be able to convince us. Hunt asked, is that second-hand clothing
or second-hand appliances, or second-hand what? Tygre said, I
would like to look into that, I don't want to see retail
operations, such as a children's toy store; a bookstore, as much
as I like reading, a bookstore is a retail operation. An appliance
store is questionable. Furniture shop, children's toy store,
bookstore, pet store, to me, are retail operations and I don't
really want to see them on the conditional uses. The other ones
look O.K.
Mooney said, it seems to me there is a hardware store there, a
hardware store can sell appliances, can sell locks, can sell
lighting, we are getting down to some things like a furniture shop
could basically be a lighting store also, unless it is a high-end
retail furniture store that isn't flexible because of their decor
lines, or something. It seems to me that there are some
overlapping things. A toy store, it almost could be arts and
crafts.
Blaich said, I was thinking, basically, the same point, because if
you go into the hardware store you can buy a lot of these items.
The lighting store that is across the street in the other area,
sells furniture also. We are starting to get these dual
situations; office supply already exists down there because it
started as a place to get your "stuff" packed up and it has turned
into an office supply house, not as much as Sandy's, but it is, and
it does carry an awful lot of "stuff". I think it is a good use
of that facility down there. Catalog store, I don't know, I have
some problems with that.
Mooney said, I think a garden shop is, basically, a florist, in a
lot of ways. They have to service what the public needs are, I
think if you have a really good florist they will sell garden
"supplies,
Garton stated, we're not discussing any more uses by right. We are
now discussing, and this is correct, only categories that might be
added to a conditional use to the Trueman SPA. Staff recommends
15
.~I
"
..",.'
PLANNING & ZONING COMMISSION
JUNE 20, 1995
that last list of four to also be now conditional uses and they
would like to see them added by right? I have a problem with that,
I would like to see them conditional uses.
Hunt said, let's start on the last four here, but I have things up
above, as well. The laundromat is already a permitted use in the
SCI, so I have no problems with the laundromat. Lackner stated,
it is condi t ional use in the SCI. Hunt said, o. K., I see no
problems with the conditional use in the SCI. I think the hardware
store, the paint and wallpaper store, and the garden shop, those
can also be, the way the SCI has been transitioned, we can include
those in the SCI as well. Garton asked, by right, Roger, or by
conditional review? Hunt answered, here's my problem, I don't
want to make these presently conditional uses in thee NC zone
district. Lackner stated, just for the Trueman property. Hunt
stated, I prefer identifying it, these are SCI uses, and they are
able to use up so many square feet of SCI uses on the Trueman
property.
Garton asked, following what Leslie said about certain uses
stemming up because of the drive of the neighborhood, does anyone
here wish to propose an addition to the list permitted by right on
Lot 1, the Trueman property? There were no responses, Garton
asked, would you like to see the use of the condit:ional uses
expanded on the Trueman Lot where the NC zone is?
Blaich answered, I could see, under the recommendations, the office
supply because it exists, and the florist. I question the catalog
store and the second-hand store. The second-hand store needs a lot
clearer definition for me. I would certainly not want to see it
added to the right.
Garton stated, let's just go down this list and I' 11 ask for a
raise of hands. This is for additions to the conditional use in
the NC zone on Trueman Lot 1.
The second-hand store, how many would like to see that? 3.
How many for office supply? 4
How many for a florist? 3
How many for a catalog store? (It was not recorded)
Garton stated, now adding to conditional uses?
Furniture shop? 2
A children's toy store? 2
Bookstore? 3
An applicance store? 2
A pet store? 2
16
~\!
"
.,.,
~
,<,#
PLANNING & ZONING COMMISSION
JUNE 20, 1995
Garton said, the following lists are presently conditional uses
and the staff wanted to see them become permitted by right, but we
have decided we don't want to see them all permitted by right.
Garton asked, how did the floral shop get into the Trueman
Property? Lackner answered, it came in as a Beauty Supply Shop
because they sell a lot of soaps and body cleansing type "stuff"
with flowers and plants. It is excess on the side.
Kerr stated, the reason I voted in favor of all of them as a
conditional use is because we have the option to review it.
Circumstances and times changes, and there may be one of those uses
now that we may not think appropriate, but five years from now they
may be totally appropriate. If it is there as a conditional use
we have the ability to review it, and make case-by-case independent
decisions, Whatever it is, I don't have any problem with any of
these as conditional uses, I agree that we should not add any of
them as additional permitted uses. That was the reason for my vote
in favor of all of them.
Chaikovska stated, I just don't understand the logic of why the
majority voted against a florist; to me, that's one of those things
that you go into a grocery store, and a hardware store, and to buy
some flowers, where would you do that? It's part of that whole
type of environment. Personally, I wouldn't vote for the second-
hand store or the catalog store or the appliance store, to me they
are more browsing type of places than the places where you come to
do your errands.
Garton stated, my reasoning on voting against it is, I don't want
to see that mix be driven out of the commercial core. If suddenly,
florists and others are springing up down there because it's a
better rent, then, truely, our commerical core will be T-shirts and
boutiques. I want the mix up here in the commercial core, I don't
want to see that open up to that variety of shops down there.
Hunt stated, I think that an optical laboratory could come under
the guides of the SCI area, and should we think about adding that
to the SCI? Is there a reason why staff didn't recommend it?
Lackner answered, I think our feeling there was that a lot of these
optical laboratories sell retail.
Mooney stated, in talking about Marta's idea about the floral shop,
I think there's a redundancy there, I think City Market already
sells a lot florist-type things, the Aspen Branch is already in the
Obermeyer Complex which is SCI, and again, to create another
opportunity to displace and, Roger, what is a balanced market
because of the way it's worked out, I didn't vote against it, I
didn't feel like I wanted to all of a sudden open up another area
for more competition which would be a redundancy.
12
.~ /
-~
_......
PLANNING & ZONING COMMISSION
JUNE 20, 1995
for more competition which would be a redundancy.
Buettow stated, the optical shop, the bookstore, the office supply,
and the florist were all competing establishments with what we have
in the core area here; if we open an opportunity down there,
they'll start moving down there when we really want to keep this
up here very strong. Then that becomes a mall-like situation down
there, and in my hometown they just killed the downtown area, it
became a shell.
Hunt stated, I would just like to add, it's not only those
operations down there, to me, the worst thing is the displacement
of the uses down there that could no longer afford it because they
just upped the rent. That's why I would, at this point, tend to
establish a goal for a balance of SCI-type uses.
Lamont asked, you mean that via square footage?
yes.
Hunt answered,
Hunt stated, whatever the square footage is presently, the
commercial square footage is below grade right now, whatever that
square footage number, that's the goal that they should have with
SCI uses of that square footage, let's say, plus or minus 15 per
cent, or something like that.
Garton stated, that's not a part of the applicant's proposal,
though.
Lackner stated, you could make a recommendation. I don't know if
you are expanding any of these conditional uses or not, but from
the votes we took, the most we had was three, and that would not
be a passing vote. Without you approving anything on the
application, I don't think we can put a further restriction. If
you were to approve additional conditional uses, you may then want
to say, we want to preserve the basement square footage, plus,
minus, 15 per cent, as SCI. If you are giving them something, then
you can write a condition on it.
Garton stated, because this is a public hearing, is there anyone
from the public wanting to comment on the requests of the Trueman,
Lot I? There were no comments. Garton then closed the public
hearing.
Hunt stated, I'm
a little carrot,
well.
just trying to get something in there, give them
somehow or another, so we can get the stick as
Mooney asked, what were some of the ones that were voted as three.
I'll change my vote to give Roger the opportunity to restrict the
floor area.
18
~,-
"
,.,' ..'~
~.
-
PLANNING & ZONING COMMISSION
JUNE 20, 1995
Kerr stated, I'm having a
permit a garden shop, that
will not permit a florist.
hard time understanding why we would
has a conditional use in the SCI, but
That makes to sense, whatsoever, to me.
Lackner answered Mooney stating, the four that got three votes
were; second hand store, office supply, florist and bookstore.
Mooney stated, I change my vote on florist to allow the opportunity
to move that into a conditional category, in order to put forth a
motion to amend the conditional uses and go along with the
applicant's request.
Hunt stated, it is not a 50/50 thing, because the basement is much
less square footage than the entire Clark's Market. It's the
approximate square footage of the basement, If you can come up
with a number of the commerical square footage of the basement, and
say heh, it's this square footage folks, it happens to equal the
square footage of your basement, and it doesn't matter where those
uses are placed in the complex.
Lackner stated, we can say the square footage of the basement, plus
minus 15 per cent, and I can look at the plans that were approved.
Do you want me to bring the number back to you at the next meeting?
Hunt answered, I don't need the number back if you can establish
that number. Does this go to Council? Lackner answered, yes.
Hunt asked, if you could have that number for Council and explain
the rationale for that number and where it came from over the
years. Lackner stated, in my conversations with the applicant, I
don't think he's going to pursue it to Council with one use.
Kerr stated, I really have a problem with this. It doesn't seem
like fairness or fair-play or fair-dealing, at all. This "guy" has
come here and asked for a bunch of "stuff" and we throw him a bone
in order to slap some restrictions on him, In spite of Roger's
wonderful memory, if the record is not clear when the developer did
his original proposal as to what is SCI and NC, then, that's our
fault, that's the City's fault. And I really have a problem with
this, picking out one abitrary conditional use in order to slap
conditions on him, If I were the applicant, I would say forget it.
MOTION
Hunt stated, I move to add to the conditional use list those uses
we have discussed at this meeting; the florist shop, and the
recognition of the entire SCI list of permitted and conditional.
The goal is to have the useage split on Trueman, Lot 1, in going
back to the original approval, which apparently we can't track,
that the square footage of the basement level be for SCI uses,
however it is not necessary for all SCI uses to be in the basement,
they can be mixed everywhere. Mooney seconded. Garton called for
a roll-call vote, Blaich, yes; Tygre, yes; Chaikovska, no; Hunt,
12
f//-..
'*"",
--"'"
PLANNING & ZONING COMMISSION JUNE 20. 1995
yes; Kerr, no; Mooney, yes; Garton, no. Vote was 4 to 3 in favor,
motion carried.
Discussion of Motion
Tygre asked for clarification asking, the conditional uses in the
NC zone now, remain, even though they are permitted in the SCI, so
we are adding no additional permitted uses at all, right? Is that
what your motion says?
Hunt answered, if they are permitted in the SCI, I don't think each
one is permitted as conditional, Tygre stated, the last paragaph
of 4, says, the following uses are presently conditional in the NC,
are we adding those as conditional or are we adding those as
permitted, I'm confused, because I thought we were adding no more
permitted, Lackner stated, you are adding no more permitted uses.
We were asking if they should be permitted, but they are already
in there as conditional. Tygre asked, so we are not adding
anything in permitted? Lackner stated, correct. Garton added, but
Roger's motion does add florist as a conditional. Tygre stated,
I just wanted to make sure I understood the motion.
Hunt stated, it does add the recognition of the permitted uses in
the SCI. Tygre stated, as conditional uses? Hunt answered, I look
at them as permitted uses, because the SCI already has restrictions
within the ratio.
Lackner stated, the original SPA agreement called out the uses in
SCI are allowed on site. We didn't know that until Roger sent us
back to do our homework last meeting.
Blaich asked, could you clarify for me, Exhibit 1, page 6 for the
SCI? So, any of those things could go down there, if there's a way
to do it? Lackner stated, you are not approving that, that is
something they already have on their property. Blaich stated, if
they want to come back now and have appliances, and put rental or
automobile repair, all these things; in each case, they would have
to be approved? Lackner stated, no, these would come in, and they
are allowed by right, assuming they were, the bottom of number 1
says, "All of these uses are permitted provided they do not create,
etc," Blaich stated, I would have a major problem if this whole
thing were to shift into that. Economically, it doesn't make
sense.
Hunt stated, it is not likely, I would just like to add in the
discussion; it doesn't have too much to do with this motion, but
I guess I'm a little upset with this Trueman property, generally,
because Trueman 3, got through the approval process, and when it
went through the approval process, that piece of property was
supposed to have nothing but light recreational, but somehow or
~
lj,
,""':.'.",
"
~/
,
PLANNING & ZONING COMMISSION
JUNE 20, 1995
another after it got through Planning and Zoning Commission and
City Council, someone got an erasure on the plat and changed things
around before it got filed. So, there was a grievous error created
by someone between the official approvals and the official filing.
Lamont asked, what's on there now? Hunt answered, the City had to
buy Trueman 3 to make the thing whole again for the transportation
plan. I'm just sort of wary that this SCI tended to get lost in
the shuffle there, possibly in the same way. That's why I'm
totally protective of it. Thank God Mary found what little there
was in the record concerning it. So, that's my piece and I don't
think we're doing anything unfair.
Hunt dismissed himself from the meeting due to personal reasons.
Lackner asked that the 123 W. Francis Historic Landmark Designation
by added to the agenda. It was on the agenda as a tabled item.
MOTION
Garton stated, I make a motion that we will add the Historic
Landmark Designation to the agenda for 123 W. Francis. Mooney
seconded. Voting commenced, vote was unanimous in favor, motion
carried,
123 W. FRANCIS HISTORIC LANDMARK DESIGNATION
VICKERY CONDITIONAL USE REVIEW FOR AN
ACCESSORY DWELLING UNIT
Amy Admidon of staff represented for staff and stated, Leslie
(Lamont) has asked, that I very briefly tell you what this project
is about, so you won't be confused by the next three items. This
is a parcel in the west end that's a 10,000 sq. ft. lot, or so.
Jake and Della (Vickery) are requesting landmark designations on
the entire site. They are attempting to create two units on the
parcel, you can have two detached units with at least 9,000 sq.
ft" historic landmark, or not. The idea is that the historic
structure will have a very small addition on it and the new
structure will be of average size for new houses in the west end.
An ADD is being proposed for each unit, the one in the historic
structure is voluntary, it is below grade as Mary will describe,
The one in the new structure is totally above grade; it's required.
They will also discuss a code amendment that's related to how the
land is owned, a possible lot split is proposed. I think that's
a basic summary of what is going on here. This is going to have
21
L, ,
~
Cl
.. '" I')
;e .-
--'-.
.c:
>< ~
W ~
~ 8
:3
~ ("10\
'-
II ;;
".. ::211
-- -~.~
-
p/"
."
w<'-
-' Jf.iioi .
..~ . <fl
~Jp'(f
\
:
,
,
,
r
~I.
..'
't':~
-,-~--- ~t:
".
".
"
/
- .
f'hft<~~
~ h1,!~~~~t;~!
~,~"'~ "",~ ~.h~
- ~'.~t4...- ~ti~-1
'!' lll"t "'ili~i~. Il'\"'i
~ il. '~"O'1,21;'
' oft ",N~' o!lH C\ 'S tol ~
a ".,........t"".. .-. '%
.1 Ig~~t~'~_~~~~~I~S
~h ~~~~t~:.~tiIl6~~~'l
~~! !!~1iiiiiiiii!~~1
\j
I""
,/,
~t
8
5i~
.J"."
North Mill Static
P.O. Box 5081
Aspen, CO 81611
"...,
Exhibit H
'.",,,..,.-
--
March 12, 1996
City of Aspen, Planning & Zoning
Mary Lackner, Planner
130 S. Galena st.
Aspen, CO 81611
Re: Current and previous NMS commercial tenants for Trueman
SPA variance.
Dear Mary:
Fol1owing is a 1ist of al1 commercia1 tenants of North Mil1
Station, both past and present:
Current Tenants
1. Aspen Bagel Bites - i1
2. Aspen Wine and Spirits - 6&
3. Alpine Hardware -71
4. Canyon C1eaners - 8';)
5. C1arks Market - 71
6. Le Gourmet Delicatessen - q,;-
7. Mai1 Boxes Etc. Packing and Shipping - 89
8. pi tkin County Bank '- t\TM '\S"
9. Rogers Lock Repair 7q
10. Sashae F10ral Arts - "Ii
11. Take Two Video - 88
Previous Tenants Duration & Location
1. Susann's Haircutting 1985-1995 lower 1evel
2. The Drug Company 1979-1994 main leve1
3. Pyramid Travel (AKA Escapade Tours) 1984-1988 main
4. Barkesdales Appliance 1985-1990 lower 1evel
5. Summit Cleaners 1980-1985 lower 1evel
6. Aspen Computer 1986-1989 10wer 1evel
7. Bank of Aspen 1979-1986 main level
8. A-I TV and Stereo 1979-1988 10wer & main 1evels
9. Great Western Spirit Co. 1979-1986 main level
10. Creative Printers 1984-1994 10wer level
11. Scott S. Leask Home Furnishing and Accessories
1980-1984 main level
12. Plantiques Ltd. F10ral 1979-1984 main 1eve1
13. Pitkin App1iance 1979-1985 lower leve1
14. Aspen Baking Company (pour La France) 1979-1986
10wer level
15. Happy Carrot Natura1 Foods 1979-1984 10wer level
16. The Property Group (Property Management Office)
1979-1983
Mary, if you have any questions please call me.
b MlR ^'" ~ +
1 eNJ"i:,I(
"-e~
(II
1:2.,000
ilip Bloemsma, Property Mana er
(I/i
-<~
Li ttle Annie.
ski corp. Ii
Brick paving i
in mall
Light rail
Town -
dirty
Initiative
or referen- I'
dum petitiolls
Ii
Vendor at II
Li ttle Nell :!
City's
Lond rating
Aspen
Institute
I
I
P t Z - I
Schuhmacher t
Bd Examiners;:
Bishop Ii
Ii
. II
Spec~al "
L:vent permit';
1.f>pen Ski I
club
TruL<l\\all
property -
concept_ual
subdivision
v~
.~".-
"""
-
1\177
Exhi
Regular ~1eatin_v_.__~.__~_______._~_~ ._~,~~;!.! ~~i~,! CO'~I~~_~~.~,._"
_ Ma.r:~._.8 ~ l!ln
---r
~l'IZl:N PAH'l'JCIPATION
1. Dave Farney, Little Annie Ski corporation, told Council there had ueen
growth in Skiing at Vail last year, and 24.9 per cent for the Aspen area.
he felt Pitkin County should plan ahead. Farney pa~sed out a draft of the
Impact statement done for the Little Annie Ski area.
a 34 per cent-
Farney said
Envil."onmental
2. lIans Brucker told Council he had come up wi th a personal idea to save money on the
brick job for the mall, whether it is five blocks or eight. Brucker said he thought
this could save several hundred dollars. t-layor Standley said the eit_y had al1:cady
gotten bid specs out on the mall. Brucker answered his idea could be done independently
of the bid specs and would present this to City I>lanager Mahoney and the planning staff
thi s week.
3. Hans Gramiger told Council he felt Owl Creek would be developed with the rail, not
necessarily with any other form of transportation. Gramiger said he felt light rail is
a tremendous growth generator, and the impact on Owl Creek will be great.
COUNCILMF.MBER COMMENTS
1. Councilman Behrendt said the alleys are filthy and pract_ically impassable in ce>rtain
places. The malls are still dirty. Councilman Behrendt said he would like to see an
effort made in the next week to clean them up.
2. Councilman wishart suggested the City look into a Chart_cr amcndtr.ent to stiffen up
the requirement for getting petitions for initiatives or referendums. City Attorney
Stuller answered thdt could be done by extending the number of signatures required
or limiting the items that can be voted on.
3. Coullcilman De Gregorio brought up the vendor on the Little Nell's sundeck. City
Attorney Stuller said the vendor had been cited by the City this morning.
4. Mayor Standley gave congratulations to the Aspen Police Department for the fine
job they did at Vail and the Colorado Law Enforcement ski race.
5. Mayor Standley told Council he and City Manager Mahoney were going to New York to
make a presentation to Moody's on the City's electric bonds to see if they could get
Aspen an A rating in the bond market.
6. Mayor Standley said the whole deal with the Aspen Institute is getting obfuscated
again. Mayor Standley asked City J.tanager Mahoney, Ms. Stuller, and Planner Kane to
put together a packet for the next agenda. The Institute Board meeting is Oil I.larch 26,
so the timing is appropriate. Naurice Mitchell of Denver University said that DU had
not made up their minds whether to put undergraduate or graduate students here.
STUDEN'l' COHMENTS.
There were none.
BOARDS & COMMISSIONS APPOI~TMENTS
Councilma:1 De Gregorio moved to nominate both GOst2 Johnson and John Schuhmacher to the
Planning and Zoning Commission; seconded by Councilwoman Pedersen. All in favor, motion
carried. John Schuhmacher was elected by paper ballot.
Councilman De Gregorio moved to re-appoint Gene Bishop to the Board of E}:aminers &
Appeals; seconded by Councilman wishart. All in favor, motion carried.
SPECIAL EVENT PERMIT - Aspen Ski Club
Mayor Standley explained that this permit is for the Ski Club's Las Vegas night like they
did last year. It is the major fund raising event for the ski club for the Aspen Skiers
Educational Foundation. The Eagle's Club is sponsoring the special event permit for
the one day.
Councilman Behrendt moved to grant the special events permits; seconded by Councilwoman
Pedersen; All in favor, illotion carried.
TRUEMAN PROPERTY - Conceptual Subdivision
City/County Planner Bill Kane told Ccuncil that six major points had been agreed upon
since the last meeting. Trueman agreed to a 60 foot road and proper alignment has been
showed. Any reference to the post office size has been dropped; the unnecessary curb
cuts on fUll street were dropped. Adequate provision for separate conveyance of land
to the school district has been given (this is lot 4). The sporting goods rental has
been dropped. Kane said this left two issues; the use of land in the panhandle, and
the issue of the food store size.
Jim Trueman told Council he had reviewed all items discussed at the last mee~ing and
had made changes favorable to conunents of Counci 1.' Trueman said he ..muld much appreciate
a motion to approve the subdivision plan as submitted. Councilman Behrendt questioned
not using lot 3 for one year. Trueman said he had no prOblem with not developing it
for a year.
Mayor SI:andley's only comment was on a grocery store at 20,000 square feet. Mayor
Standley said after talking to Bryan Johnson, t:'1'F, and Palllela Gassman, he feelH t:hat
is ,lll inappropritlle size grocery store. Mil.yor Standl€lY seid he ~lould like to Ree a
15,000 squarlC fQot grocery store, and asked for Counci 1 's opi nion. CouncilwonhlJl Johnston
concurrcu \"h.:Lt ap?ropriate sIze Is 15,000 square feet. Coullcilllli:ll) I-lehrendt \n.ul-cd
it J
I
~
I
I
I;
I'
11
f:
t
I
fi
L
r
,
,
,
"
)78
,-
/,
-
-
l~l!gu~~r. .."le~.~~~1J..
~~~r:~\.l7~~t.X..~?1l.!l.9~.~
_~~r~~. ~ ~__ ~_~_?~.
15,000 ~quare feet; Councilwoman Pedersen - 15,000 square feet. Councilman Wishart
said CounciL had gOlle t-hrou(jh the process, and he would stand by the duly reached
decision of 20,000 squ<.Ira fect. Councilman De Gregorio objected to it 20,000 square
foot store because of that 12,000 square feet is grocery and the other 8,000 square
feet is other retail uses. 20,000 square feet is too much because it is not a grocery
store. Councilman Parry agreed 'tlith Councilman Wishart, and said he believed that
20,000 square feet is the right size for that location.
Jim Trueman told Council he could not get an operat.or capable of ).'uo01119 a store for
less that 20,000 square feet. Trueman said the grocery store is the key to the project.
Trueman said that zoning exists for a 20,000 square foot store on that piece of property..
Councilwoman Johnston objected to the size of 20,000 square feet beCause it is a traffic !'
generator and brings people from other parts of the city. Joe Porter said that 'frueman I!
had been operating with the due process of City Council and had gone on from that I;
point. Council has changed their minds, and Porter said he did not know where to go Ii
from here. Architect Larry Yaw said the basic problem is that if the 20,000 square !i
feet store doesn't happen, the operator of that store doesn't happen, then the whole II
project doesn't happen. Yaw said he had gone through every phasing strategy possible ~!
to make tolis happen.
Mayor Standley said when the Council changed their vote, t.hey were being responsive to
the citi~ens. It is unfair to say that the Council is not being predictable and con- ,
sistent. Aspen now has a 15,000 square foot grocery store. Mayor Standley said it would.
be absurd for the Council'to allow development of 20,000 square feet not knowing what :,
kind of political changes are quite possibly going to occur in the next couple of Ii
months. Mayor Standley said he felt the Council had strong arguments for a smaller it
grocery store. Councilman De Gregorio said he did not feel it was the City's rezponsi-
bility to guarantee a developer economic profit. Kane said it was desirable for the
City to express what it wants in the way of a grocery store. Kane said he had a hard
tima believing that someone can't 15,000 square feet and make a store go in Aspen.
Councilwoman Pedersen said the argument in favor of a large food store was based on
Basalt and G1enwood Springs. This is Aspen, Colorado, and there are certain things
here that are valued such as scale, not too much convenience, taste.
'.I'ruelllan
property
cant.
Councilman Behrendt moved to deny the conceptual subdivision approval; sGconded by
Councilwoman Pedersen.
Trueman asked Council to consider the following changes; second floor employee housing ~.: IL
10,000 square feet, ground floor 15,000 square foot grocery store, 10,000 square feet If
other retail; b<.sement. 10,000 square feet of health center and service retail and to II
include 2,000 square feet of storage for a total of 47,000 square feet. ,:
---i
Kane said to take 5,000 square feet"out of the grocery store may not accomplish counCil'S!
goal; it may just relocate the 5,000 squafe feet from the grocery store. The argument
against the 20,000 square foot grocery at.ore is mainly again!:lt the non-food items; this
would just he moving them. Kane recommended this 5,000 square feet be put into service
retail uses. Architect Yaw said the specific uses would comply with the neighborhood
commercial zone. No one knows at present what uses will be in there, but they will
comply with the N/C standards. Mayor Standley said if the uses are restricted enough
and given identification so as not to pull away from the tourist retail, then it does
not create that problem. Kane said his argwnent is the duplication of commercial core
retailing.
Councilman Behrendt withdrew his motion, Councilwoman Pedersen withdrew her second.
The submitted site plan was marked to indicate the changes and resubmitted.
Councilman De Gregorio moved to approve the site plan as marked of to include dropping
the market to 15,000 square feet and increasing the retail to 10,000 square feet, at the
zoning discretion, include 2,000 square feet in the basement as storage and to hold the
panhandle in moratorium for one year, seconded by Councilman Parry.
Councilwoman Pedersen said she felt the town needed service/commercial areas most, not
just retail. Councilman Wishart said if, in fact, those things are needed, that is
what will move there.
All in favor of the motion with the exception of Councilwoman Pedersen. Motion carried.
ORDINANCE '4, SERIES OF 1975 - Definition of Commercial Bakeries
Mayor Standley opened the public hearing. There were no comments. Mayor Standley
closed the public hearing.
Councilman Parry moved to read Ordinance '4, Series of 1976; seconded by Councilwoman
Johnston. All in favor, motion carried.
ORDINANCE '4
(Series of 1976)
AN ORDINANCE MIENDING THE ASPEN ZONING CODE BY TilE ADDITION OF THE
SUBSECTION (bb) TO SECTION 24.3-1 SUCH AS TO PROVIDE' FOR 'I'IIE DEFINITION
QI-' COMMERCIAL BAKERY I WHICH DEFINITION PROVIDES FOR PRODUCTION AND
WHOLESALING OF BAKED GOODS BUT PROHIBITS OVER THE COUNTER SALES
THEREOF ON 'I'IIE PREloUSES was read by the city clerk.
Councilwoman redel"Sen moved t.o adopt Ordinance '4, Series of 1976, on second reading;
seconded by Councilwoman Johnston. Roll call vote; Councilmembers Behrendt, aye,
Dc Grc'gorio, aY(~1 J(,lmston, aye; Parry, aye; Pedersen, aye; Wishar.t, aye; Mayor Standley,
aye. Molion carried. '
--t-
I Ord.4, 1976
Definition
Commsrcial
Bakeries
'I
I
I
,I
I
[
1 r
L
wt~:;: v
o
.....~.'"
"-"
March 8, 1976 . . . Portion of Trueman Property Conceptual Subdivision
Approval
BEHRENDT: Motion to deny
STANDLEY Second?
PEDERSEN Second
STANDLEY Discussion?
TRUEMAN Could we have about two minute break?
STANDLEY Go ahead
TRUEMAN:
I'd like you to consider the following change: Going
from the top down, second floor 10,000 remains the same.
ground floor, 15,000 square foot retail area, grocery
retail area, 10,000 square foot other retail; basement,
10,000 square feet service retail, health center and
additional space for storage. I don't care what the
number is, say 2,000 square feet.
PEDERSEN:
In the basement?
TRUEMAN
In the basement.
BEHRENDT:
Thatfs a net of 7 more, is that correct?
STANDLEY
No, 2 more
WISHART:
BEHRENDT:
In the basement
47,000 feet is what we are talking about
WISHART:
2 more in the basement
TRUEMAN:
2,000 square feet of storage in the basement
DE GREGORIO:
Is what your talking about
WISHART:
Michael, would you withdraw your motion?
KANE:
I want to get it straight in my mind here.
STANDLEY:
That would have to be a plat modification so as not to
constitute contract zoning.
TRUEMAN:
We can mark ~t here this eveninga
KANE:
I think the intrigue here is we kind of agreed on a square
footage for plain retail, neighborhood/commercial retail
spaces, and then agreed on this "service" retail, which
was space intensive kind of things, S/C/! kinds of
,,..-., '"', '''.
~.
',......... ....."
-2-
retailing. To take 5,000 feet out of the grocery
store and simply put it in straight retailing may not
accomplish the goal here in that it's the same thing.
It's just relocating the 5,000 square feet of non-
essential food retailing to another kind of retail fundtion.
I think, at least for the planning department, that if
5,000 square feet were shifted into service retail, weld
be in the same place. . The arguement against 20,000 square
feet is that you get somewhere,between 5 and 8,000 square
feet of superfluous retail, non-food related items in a
20,000 square foot store. Thus the recommendation for
a lower ,food store. What Mr. Trueman's responding with
here is a shift of that 5,000 square feet. He's agreed
to go down to 15,000 square feet and take that 5,000
foot reduction and put it ~nto straight retailing. Well,
it just puts it on the other side of the door perhaps.
TRUEMAN
In the same category, the Jist of~things we're nbt going
it go into service
......~ ~,..'"",,,
~~I.._Ct. ~'~",j'., .,,~.
as straig'ht l;"~taHi.!ig. .P
o .--.. . ....... of::" ~
retailin.,.... ~.J<.' <"~~-.-,,~
., ~ "'-'
-~
just said was okay?
4It.., ~.
.~~.
,:.' '.."
reeo 'ending
,'::ti.
to be able to do.
KANE:
NO, he's shown it
JOHNSTON
Isn't that what he
KANE:
There are two classes of retail, one's a straight N/C
zoning reatil, the other's an S/C/I retail.
,
JOHNSTON:
?
STANDLEY:
What we approved before was service retail.
You've got both
There is 5,000 more retail than aill is recommending it be
5,000 service retail on the ground floor not the basement
level. A total of 15,000 service retail and 5,000 retail.
Is that riqht, Bill?
KANE:
Yea. 15,000 service retail and 5,000 retail, 15,000 grocery
store and 10,000 square foot employee. There's a subtle
distinction heret there's two kinds of retailing
JOHNSTON:
I understand, but where do you get 15,000 service retail?
KANE:
Well he wants to drop 5 from the grocery store and shift
it somewhere. His proposal ,is to shif~ it into straight
retail, which would make the straight retail . . .
JOHNSTON:
YAW:
KANE:
TRUEMAN
BEHRENDT
?
KANE:
TRUEMAN:
KANE:
~ ,
"","","j
.....,
',-,
-
''-
-
-3-
I'm looking at health center. It's health center and
service.
Shift it into commercial, which is sort of what the
whole things about. The specific Uses would comply with
neighborhood/commercial and what the specific uses are
that actually are in there are undetermined. No one
knows, Jim Trueman doesn't. ,But would comply with the
neighborhooa/commerical standards.
Does everyone understand the point?
Yes
This is what you asked me if I would do, and that's
what I said lid do, and now you're questioning the Uses.
We're talking about uses that are according to every
zoning that applies.
What about the 2,000 extra feet? They've asked for a
couple thousand . . .
Storage, underground storage
I think that just to be consistent,~~he concern is that
a 20,000 square foot
r
store is going to '_C-cre~te superfluous
- J:' 4 ~, .....
retail. To cut it to 15 and-thepShiftcthe 5,000 into
_ ~c!
another straight N/C retail, we've got, pardon Larry,
a Durant Mall situation again. Where we're going to
-1- N/C space again, and that's not. If it can gDing
into the service retail stuff, where you really get~
S/C/l kinds or retailing uses, like the furniture store,
the hardware store, stuff that the town needs
What if nobody rents those uses? I mean we're asking for
something that is spelled out in eve~y ??? we've had, not
a grocery s~qre now, but 5,000 feet of other uses as
spelled out in the whole list, the whole intention of
the zoning for down there. Neighborhood uses.
It looks to me like a good balance, Jim. The property was
zone by P & Z for neighborhood/commercial uses and service/
commercial/industrial uses. The net effect of this change
would be to create 15,000 square foot grocery, 5,000 retail,
...-..;'
r""
'-'
""""
'-
-
-4-
that's 20,000 square feet of straight N/C retailing
stuff. The property was also zoned SIC/I, service,
commercial and industrial. Take that 5,000 square foot
decrement from the grocery store, shift it into more
retail, then you have a nice mix.
You have 20,000 square
feet of straight retailing and 15,000 square feet of
space intensive S/C/I kinds of retailing. I'm simply
f'Operating on the principles that were enunciated by the
planning and zoning commission, the Council.
TRUEMAN:
You're making the assumption that it should be exactly
50/50. And I don't know where the assumption comes from.
STACY:
Bill, if we're going to get clear back to a planning thing
it's not an appropriate discussion. I have a 'question,
though. I'm not sure I agree with your basic tenant
that the reason the 20,000 square foot market was
inapproriate was because you'll have x-thousand square
feet of non-food retail. My concern with the 20,000
foot market is not so much what's in it, but the implication
that it becomes the largest market in Aspen; therefore, it
must be the best market in Aspen; therefore, it creates
a magnet. Now 15,000 foot market doesn't do that, and I
guess if the retailing, straight retailing, is restricted
enough" given the uses you've identified down there so as
it does not pull away from tourist retail, I don't really
have that problem. My problem is really the size of
the market becomes a magnet, not so much what's in the
KJ\NE:
market. And how do you evaluate that?
I don't th~nk my criticism deals adequately with your
comment. If that's your concern, then my criticism is
almost irrelevant. That all along' has not been our line
of argument.
STANDLEY
Then why be irrelevant?
All along our line of argument that the duplication of
KJ\NE:
commercial core retailing, and also the adjacent arguments
,",
,
,
!
r!
~
\,
STANDLEY
KANE:
TRUEMAN:
DE GREGORIO
BEHRENDT:
PEDERSEN
STANDLEY
DE GREGORIO
STANDLEY:
DE GREGORIO
",", 'I
'-,
\,,-'
-
--",-y"
-
-5-
about traffic generation.
Do you feel that you've got enough control over this that
there is, there are adequate non-tourist, retail uses
that could be plugged in there to the tune of 10,000 square
feet of retail, not service retail, that, that could be
plugged in there, I guess that's the question, that are
non-tourist?
Yea, they'd be conditional uses, not permitted uses in
the N/c zone right now to adequately fill that space.
But there are conditional uses, and you would be operating
under the presumption that there be conditional use hear-
logs and that conditional uses would be,granted for that
space. But, yes, the answer's yes.
We supplied a list of the uses, there were 30 or 40 items
on there. And I'm convinced that in 10,000 square feet
we're not going to go out and try and, it's the intention
of what we're talking about to not have tourist-type
retail down there. I understand the motive for the
zoning, and that's what we're dealing with. It's not out
inb&Cion, and I think you're zoning we're talking about
covers it, uses as listed is all we're asking for.
I'd like to ask if Michael will withdraw his motion first.
If he will not, I'd like to ask that we vote on the motion
as he made it and defeat it and entertain a new one.
I would say, yea, I'd be willing at this time to withdraw
my motion
Also withdraw my second.
There's no motion on the floor. Pete?
What did yo~ say about the site plan?
The site plan would have to be marked up so anything we
approve would be the site plan as submitted
I'd like to make a motion that we approve the site plan
with the mark offs as suggested to include dropping the
market to 15,000 square feet, increasing the retail to
10 and adding 2 on the bottom, as storage, and also
PARRY
BEHRENDT
DE GREGORIO
BEHRENDT
, WISHART
STANDLEY
DE GREGORIO
STANDLEY
STULLER
PEDERSEN
WISHART
PARRY
PEDERSEN
STANDLEY
'0
".,)
.....,
,,,",
',-,'
/~'~,.
--
-6-
hOlding the panhandle in moratorium for a year
Second
Question, did you want that to be simply a pure 5,000
feet of retail or 5,000 feet of service retail as the
planning department requested?
Retail.
Retail.
Retail with the constraints we have on the
At the zoning discretion
I mean, whatever, if they want to put service retail as
opposed to other retail, I don't care
Sandy, have we just stepped into contract zoning
They are submitting an amended plan.
I have some heavy feelings about the straight retail.
One of the areas that this city needs most in my opinion
is the service/commercial type of thing, not straight out
retail. We've got lots of retail. There are many things
in the service area that we don't have. I would have to
vote against the motion. I would rather see it go into
the service retail, rather than the retail retail.
Just to respond to that briefl~, If we really in fact do
need those things, I think that's exactly what Mr. Trueman
will put in there because the market place will decide.
Right
But I think there's a lot of difference in location, too.
Further discussion on the motion?
All in favor of the motion to adopt the conceptual sub-
division
Six to one.
~/";:l:~ . ;"Jt;~
'.. ..' '., "''';;~;Y
'.i\;}i;~{;,;, /
" .' '" ':.t:;,,,' Use Proposal for 10,000 sq. ft.
--,::;-
,j
('/I
.
Basement Area
~
,~hibit K
/v1a/(~ " 1171"
Oft.&: uf W1
The fo1101ving Neighborhood Service ftmctions are proposed to directly
accommodate neighborhood needs and to augment the concept of the
proposed Neighborhood Service Commercial Complex. These service
retail uses differ from the pedestrian oriented surface level uses in
that they do not require public shopping exposure, do not require
elaborately finished work spaees or natural light, and can afford the
less expensive rents resulting from the lower cost of unfinished base-
ment space. The uses noted are suggested to include and be similar
to those outlined in the Service/Commercial/Industrial Zone of the
Zoning Code of the City of Aspen.
'. --)
Dry Cleaning
S111a11 Appliance Repair and Sales
Television Service and Sales
Laundromat
Paint Supply Shop
Hardware and Home Repair Shop
Carpet/Flooring Shop
Shoe Repair
Barber & Beauty Shop
Public Health and Exercise Facility
Equipment and Goods Rental
Sporting Goods Manufacturer, repair & rental
Builders Supply
Plumbing Service & Fixture Sale
Printing and Publishing
Craft Industry
Catalogue Sales
Cabinet Sales & Repair
Bakery
Plant Supply & Florist
Key Shop
Pet Supply Shop
Catering Service
Furniture Store
Radio Station
)
; :---~...: ,
'~___.-J
Respectfully Submitted
-t~ we &voff'ed I~
Marci, B 1"111.>
,
C( ke<v(~.
'-.
j" ",...
I' ,
Cqpland Finholm Hagman Ya\v Ltd
, ~, ';
Larry Yaw
~ ..
JL Y:sb
:'I /
<0
~ ~
fa
POM
O~dJ"~I1.<:A '''q7':i
...,~
i I
DISTRICT
INTENTION
--,
....,.....
PERMITTED USES
Exhibit L
CONDITIONAL USES
Service/commercial/
Industrial
slcll
To allow the use of land
for limted commercial
purposes and limt ted indus-
trial purposes. with customary
accessory and institutional
uses. In addition, residences
for those employed in this
district may be included in
the service or commercial
~uildings or adjacent
thereto -as conditional uses
Limited commercial and dwelling units accessory
industrial uses including to other penu tted uses,
the followinq aDd similar cataloque sales store
uses: vehicle sales; equip-
rental, storage and repairi
gasoline service station:
automobile waabiaq facilities;
electrical and plaabinq
service shOpS; ~ted indus-
trial uses including the
following and siailllr uses:
builder's supplyr dry clean-
ing plant and laundry; fabri-
cation and repair of build-
materials and ~nents; lumber yard;
manufacture and repair of
sporting goods; print.ing and
publishing plantsr warehousing
and storage; and shop craft
industry; provided that no
permitted uses creates
an unusual traffic hazud,
noise, dust, fu.es, odors,
smoke, vapor, vibration,
glare, or industrial waste
disposal probl~ (see sec-
tion 24-3.3 ol
Neighborhood
Commercial
Ne
To allow convenience estab-
lishments as part of a
neighborhood, designed and
planned to be compatible
with the surrounding neigh-
borhood and to reduce traffic
generation, circulation and
parking problems
Small convenieDCe est.ablish- Service station;
ments designed aad int.ended appliance, TV sales
to serve the daily or fre- and service shop;
quent trade or service needs laundromat; garden
of an immediately surroundinq shop, hardware shop;
neighborhood. SUCh establish- paint and wallpaper
ments include food stores, store; carpet, floc
pharmaceuticals. liquor stores,ing and drapery she
dry cleaning and laundry pick- business and pro-
up stations, barber shops, fessional office;
beauty shops, post office accessory dwelling
branches, and sboe repair units
shops.
Office
o
To provide for the estab-
lishment af offices and
associated commercial
uses.
Medical, dental and other
professional and business
offices, mortuaries; flor-
ist; pharmacies for the ex-
clusive purpose or serving
medical and d~a1 offices;
.ing1e family. aaplex and
multi-family residences
Art, dance or
music studios,
business, fraternal
or social club;
shop craft industr)
library, nursery;
day care center;
athletic club
Lodqe-One
Restaurant
L-1
To encourage construction
ana renovation of lodqes
in the areas adjacent to the
commercial core and to pre-
vent the conversion of
existing lodges into long-
term residences.
Lodge units: ~ding houses;
hotel; dining roam, laundry
and recreational facilites
for guests only.
LOdqc-!'Wo
,Restaurant
L-2
To encourage const~ction
and renovation of lodges in
the area at the base of Aspen
Mountain and to allow con-
struction of tourist oriented
multi-family un1ts
Lodge units ~ing houses;
hotel; dining raDm, laundry
and recreation facilities for
quests only; MQlti-family
residences
-9d-
Exhibit N
MEMORANDUM
To: Mary Lackner, Planning Office
Thru: Nick Adeh, City Engineer ~
From: Chuck Roth, Staff Engineer (!1f2
Date: February 28, 1996
Re: Truman Lot I SPA Amendment
Last year you informed me of Council's interest in a sidewalk on the south side of Puppy Smith
Street, adjacent to the Truman Lot I parcel. You provided a copy of the subdivision agreement
which obligated the Truman Aspen company to build that sidewalk if directed by the City,
On July 28, I sent a letter to Phil Bloemsma, their property manager, together with a copy of the
subdivision agreement, requesting that they install sidewalk along the south side of Puppy Smith
Street. I met on site with Phil, and we looked at the possibility of providing the five foot buffer
space between the curb and the sidewalk He was reluctant to provide the buffer space due to the
extent of excavation and landscaping that would be required,
City staff was in agreement among themselves that this location was especially desirable for
providing separation from the pedestrian and the motor vehicles and that there physically was more
than enough space in which this could be accomplished,
The City has the ability to construct the sidewalk and invoice the Truman Aspen Company as
provided for in the subdivision agreement, however there may be a property line problem. The
drawings on file with the City are only design drawings for the Truman Aspen Subdivision, We do
not have as-builts. It appears that the property line location might not allow for a five foot buffer
zone and five foot sidewalk located entirely within the public right-of-way, There is however more
than enough space for the buffer zone and sidewalk between the curb and the parking lot.
Therefore we suggest that a condition of approval for their current application be that they construct
the sidewalk with the five foot buffer and provide and easement for any portion of the sidewalk that
may fall on their property.
City staff will have to meet in the engineering department's right-of-way Development Review
Committee to approve plans for the sidewalk and the applicant will have to obtain a permit from
Community Development for work in the public right-of-way.
M96,67
I
s~.
Tv-cAR. ANu'\ 16fhr. Cv ( (' I (J/ S tJ M ", ~j ')
,/ A - f\J c..
(~ ,1,<0 t ex ] reJA-V c.-V.1LA I ~ r.,UlkP
biw.1 /72 J'-1 'B s \ D ' -l SC.1 lJs,Gs O-too
P C>>' Mitt ~ t'{ i</1 sP4
-r tv0 leduu""J v ~<.A-'" f- -1-. 17 VI au ~\ j-V.J .
si-aC b
a h ~r.s; j
,
ID
, -4 ~ PUMi-ft eJ 1.-1' v 'J ~I l-
I See c.r,d J.v,~ --" ~
( 0+,(', u Suff' I Y
3 ('(0'/':'+
'-I (' &/ +", (03 J i-D^<.
G- u::",diho~ U.;,.R.LJ qrJclpj
1. -t '(;v,., if VI\.-(, .s ~ (
1, ch\'lcI--ev. !-for s I-o~
3 . 1000 t S to,^-<:.
~\ I
a f I' J.< dv-<-( S ~.~
5. I
Pet .5 TO~
(, - c(, ~ I ~ ~
UJ"J -> .
f N:zvtt &Ii
( (( v, c\ ,0/4.4'",i
G-<i IC~ S lwr
~o,c1ve"-f 5+0,,,,
Pal/cut Lv o-R-P f -
,,\oW
((ol1di+ IC'~ ~
a (v. ve.u U-tA. &A ~i p;: -4"r c.ov.; c. f ~ '- / \_h~-tLl7J
70 A-t )
P Z LoVVC(/h
f'> 11\ +eht 0 G 0/ tj;J; ctf fro.;J J
pc.J (VC. '~LI ~. j;UJf-~ /-v
q iJ'<A-lJ.,A_Q / r WUvL S,o()/J. (;;r seX @)
b I ~IMe (j~ ~~
S+vbG l.1 '''UOlt/'-A/f/J,j I )00 I -f, k .s-~b ID'd
vwrlrU ~,~ll uw, ecJJ'1 (tis by
~.._I_": I. t__'"'^~
scr
-
JjetJ6I~ coJh t /7 t. Cr s;#tudJt
krvd lU<fp- liMA' ft,
w?l1-kJ rf..-cUl--no~N'f ~ I: IS f- J" /faj ctrra ~v
oIl,//1I/ br-w"v ",40. i J(~
Vb I /-oyPk $II f',j -fl /I-fJ f!MJ
~
$ ilF cJ6
c
NC Is (':l Vcllj
cd ( Ii) "^'" c(
ref ~~
)' ou.f-L{~
""--
(or~f orJ -?>
tJ d c!QK ;,;) ;j t.
-'/ ,",,,p,1jt fool! /lALn..<(rulv/'t;-
.- Ctrrt#ller..ilfd'r rj t
-IM/OU'! ~ J
~/fdift():.u /.A.L<.
JoAII W. <I fl/'/AJ:. k!~.;:f>
&J
G Mt wos ~ N: S/lA tJ (tlf
JOf41t t ill j, &-.. W Sc 1- "'f//tJI/J -? ~.~ ~...i~ I-
-.J/ ()J
w~',J f& tvi It!.
- Dr!;/:..dJ Gfffl)vr~S.
Ifl St&" .cr,VI '
r-t: iN. ') fll- 7S-
r(: f"rJeI ~
SLI/ Nt:-
~!Jt -10
- JNf~
(/1-0 lu)", v'~
dAd NJIr,!tJ,; ~
""= . ..-:--
~ <l' -I~~K41,
a!hfl1/IICt'1! !-IO(/J/~
.t-
, ~,A)
\)\1'4
0'\ ,d l
rvV'10
v-P'
r
- -/riel 0.., /~4J
r0Jr(J
-<1UL>~ if II .
-MiILtJ/4,(J;< YW.,(, '
wl/l.fd /o,! f In
Ir;-/!? y/'J,
II.
((}fP~vf iLA /MJ~
1w /VI -- rP~1 2J )
(1'<< ,_)
(Fe ; - I1fJ)
Si d Ci-NoY Ie
O~(JtI~~ u-J~)\
---to \s r ^--O v ~ J
ufi u." {eu} ~ +
~
--rf u;.~ ~
0-" f~ffi
.sIcu
s'MJC,/ _
J Jy - M o~",
a c:J cJ '7J co 1\ c0X ~^ lu:UJ
-t LU.. \'^/ i :" , & 0 cL J-1_(J
~pf'OJc---O ,
-f-c, ~ ~
o G c(
~~ ~r C C
~ 9, II d , \J-,/ ~ J
'"'A ~_ f / )'rs uC 5 / Cp~
I , .- ~'._.
(,e. '2 ~1 ~'" d. I'r .
L
@ dea~ ~\ch'O/) - (, fVU>. M(~ \ ~
- t\.JUJfY ~ rof ru1 '
~s ,OOCi:P Md'Li {~
)~ 000 i> b~t
. I
,
?, 11000 j'\.X'Y' I tb>>
; ("')
..l....'1"k,J
"", I
0,
~'
,~..,..",
....m/
Regular Meeting
Aspen City Council
-
.'January 26, 1976
Fox the ~ncond floor uses, doctors and services offices, the planning office is recom-
lnending that they be covenanted to those uses npecificed to stop creeping commercialism.
The planning office wants this space restricted to offict' only so that the P & Z will
not he faced to conditional use hearings. Mayor Standley said he would be willing to
accept 15,000 stluarc feet of l>onCl fide office and medical useS. Councilman Parry said
he [(~lt it shoulJ he o(1en to \vhat-. the 0('0(1 jfl; Council Iws no idea whitt the need will
be. Hayor Stdndley pointed out that that sets up rating of uses; tht' developer can
rate other buildings in town.
'1
Councilwoman Johnston moved thilt Council determine the foot_print of the building at
this point. seconded by Councilman Behrendt. Councilmembers Wishart, Pedersen, Johnston
Behrendt in favol; Councilmembers Parry, De Gregorio, Hilyor Standley opposed. Motion
carried.
COUllci lman De Gregorio moved to accept a 25,000 square foot footprint; seconded by
Councilman Parry.
Planner Kane told Council it was irrelevant to discuss footprint. This building will
not be unif...,rmly two or three stories. The uses appropriate viII make it a staggered
buildlng; it could be 30,000 square feet on the first floor and only 5,000 square feet
on the second floor. The Councll will get two shot_s nt the architectural design of
this building.
Everyone opposed. Motion NOT carried.
Councilman Berhendt moved to reject 15,000 square feet fo~ doctors and services:
seconded by Councilman Wishart. All in favor, motion carried.
CounGilman Parry moved to accept neighborhood/retail at 5,000 square feet: seconded by
Councilman Wishart. All in favor, motion carried.
~u~cilman Behrendt moved to reject the health and recreational facility at 5,000 square
feet; seconded by Councilwoman e sen~
Councilman Wishart questioned this facility. Porter said it w~uld basically be handball
court, and sauna for the people that live there. Councilman De Gregorio said he could
see this becoming another health center 1 there c-.re two in town already. This would
be increasing the value or cost of the apartments that the Council is trying to keep
as low-cost housing. councilman Wishart agreed, but said he was not opposed to a
separate underground facility.
"
,
t".f'.The council has approved 20,000 square foot grocery store;
~,~ re!jjdential; and 5,000 square feet of neighborhood/retail,
feet. There is 20,000 square feet left unresolved.
10,000 square feet of
for a total of 35,000 square
D
A
in favor, motion carried.
Kane told Council th~n" was a fairly tedious procedures to go through regarding
engineering questions. Council decided to consider this on the next agenda. Councilman
De Gregorio left Council Chambers. "
Irv Sherrick, U. S. Post Office, told Council they were under a rnundate from t.he Post-
master C,eneral to study all alternatives possible to reduce capital expenditures.
Sh...rri('k said they might be able to drop the size of the building in Aspen to perhaps
19,000 square feel. Sherrick said the lack of capital funds does not_ affect the
project In Aspen: their interest still runs high. If anything d~es changes. Sherrick
said he would contact the City. Sherrick said their parking would be adequate to
handle customers; they propose 95 customer parking stalls.
ORDINANCE '59, SERIES OF 1975 - Vacating Alley 92
J.layor Standley opened the public hearing. Mayo!: Standley told Council that the
Commissioners hnd gotten the rcqttested easements from t.he adjacent property owners.
There were no other comments. ~layor Standley closed the public hearing.
Councilwoman Johnston moved to read Ordinance '59, Series of 1975, on second reading.
seconded by Council\o.'oman Pedel:sen. All in favor, motion carried.
ORDINTlNCE . 59
(Series of 1975)
,\:r OJUJT:)l'l!JCI~ \";\C;,'1'[::r. i\r.r. (If' Till: l'r..~,T';Tn l\!,U:Y':'l\Y r.vrnr. IN }\tin rWTNr.I~N
I;],"~"f: ":, C!.Ti Ar:111'<",:I::]",i'l: \01' hf,I'IT: ;.1:11 l],'.,I:I: 1'1, l:,\:;"j' i\~TI;;l li!lP]TI()I~i\j.
TOI'lNSITE (LYING WESTEHLY OF A NORTIIEH[,Y EXTENSION or TIlE El\ST LINE or
LOT 13, El\ST l\SrF.N AODITIOl~1 Sl\ID VACATION OF-WG PURSUANT TO St;CTION
43-2"301, ET.SEQ, C.R.S. 1973, AND DEHIG CONDITIONED ON RESERVATION OF
RIGII'f-OF-I'iAY rOR UTUITY I.OCl\TlON ^,JD MAINTENTlNCE OF PUBLIC l\ceF-55 TO
j,'lT:' l'lll,1(lU1HI': 1'111: Vile:'1"'I:\) l'olfl'l(n~; OF '1'111': Af,Ll:n.!;\y ""iI~ }'f'Cld by t-hQ
city clerL
j
Councilwoman Pederscn moved to adopt Ordinance '59, S~ries of 1975, on second reading;
seconded by Councilwoman Johnston. Roll call vote: Councilmembers Behrendt, aye:
;Ichnstoll, aye: f'iJrry, aye; rede>rsen, nye: Wishart, ayC'; Hayor Standley, aye. Motion
G;ll'l"j"O.
~J,!~I,-t_U'i~..r:l"~"!" _~..'!.I!_f,"!',:!~~~:.0..!1!:'_L"},r~ - n(';~()nlll'l "h"mM~ l'I'''I'<'t"l-y to C, CC>llncrviition
tlily<..r ~lt:;Hldl('y "l'f'l1eJ the public \I(',]rin'). ,'hcnJ were 110 comments. Ullyor f;U:lIldlcy
closed the public hcadnC{.
,
-.
Aspen City Council '-'
Regular Meeting
::)larch 25,1996
Roll call vote; Councilmembers Paulson, yes; Waggaman, yes; Marolt, yes;
Richards, yes; Mayor Bennett, yes. Motion carried.
ORDINANCE #8. SERIES OF 1996 - Trueman SPA Amendment
Mary Lackner, community development department, told Council there have
been changes in the ordinance since first reading based on staff review of the
original approval in 1976. Ms. Lackner reminded Council the applicant is
seeking to add 17 new uses to the SPA for the Trueman Center. The changes to
the ordinance have to do with the amount of SCI space to be part of the building
and a requirement to file deed restrictions on the 17 employees units. The
service retail uses agreed to by the applicant 20 years ago should total 10,000
square feet rather than the 1500 square feet pointed out at the last meeting.
Phil Bloemsma, representing the applicant, told Council this process was started
a year ago; the applicant merely wanted to update the uses at the Trueman
Center. Bloemsma said that has taken a long time, cost a lot of money, and staff
keeps asking for more concessions. Bloemsma said he would like to forget the
whole thing.
Mayor Bennett said most of elements the city has asked for were requirements of
the original approval. The owner of the property has a responsibility to live up to
these agreements. John Worcester, city attorney, agreed most of the conditions
in the ordinance are conditions of approval from the prior approval. Council
requested the ordinance be rewritten to list all the conditional and permitted uses
for the Trueman SPA.
Councilwoman Richards moved to table Ordinance #8, Series of 1996, to April
8; seconded by Councilman Paulson.
Mayor Bennett requested staff prepare the pros and cons on the deed restriction
issue. Stan Clauson, community development director, told Council after the P
& Z hearing when they did not recommend the application go forward with the
exception of 1 additional use, staff recognized it was important to make a
succinct record of the prior approved uses and conditions. Clauson told Council
staff feels it is not appropriate to charge the applicant for this extra time.
3
Aspen City Council C
Regular Meeting
:)larch 25, 1996
Worcester told Council the staff required the deed restrictions to make sure that
the units offered at the time of subdivision approval will remain affordable
housing and will be deed restricted forever and to also give the housing authority
a way to track affordable units.
Councilman Paulson said his problem with SCI/NC is how to handle monster
stores versus little shops that are selling the same things. Mayor Bennett
suggested a summary from staff of the existing size requirements in NC and SCI
zones. Councilwoman Richards said now that the previous commitments have
surfaced, she wants to see them met and completed.
Mayor Bennett said there will be a public hearing at the next meeting on this
item. All in favor, motion carried.
ORDINANCE #5. SERIES OF 1996 - Inventory of Historic Sites and Structures,
Round III
Amy Amidon, community development department, told Council this ordinance
was tabled to make sure of the location of the historic resources on the Meadows
property. There is a new map attached to the ordinance which the applicant has
reviewed and has agreed with the representations.
Mayor Bennett opened the public hearing. There were no comments. Mayor
Bennett closed the public hearing.
Councilwoman Richards moved to adopt Ordinance #5, Series of 1996, on
second reading; seconded by Councilman Paulson. Roll call vote;
Councilmembers Marolt, yes; Waggaman, yes; Richards, yes; Paulson, yes;
Mayor Bennett, yes. Motion carried.
ORDINANCE #9, SERIES OF 1996 - Increase Compensation for Council
John Worcester, city attorney, told Council this ordinance proposes to raise
Council and Mayor's salaries; Council's from $800 to $1350 and the Mayor's
$1150 to $1750. This increase takes in the cpi over the years since the last
increase. The increase also attempts to provide compensation for
councilmembers to buy into the city's health insurance. Worcester noted the City
Charter does not allow a sitting Council to raise their own salaries; this will not
4
...'"
Oruary 26,1996
Aspen City Council_ Regular Meeting
ORDINANCE #5, SERIES OF 1996 - Inventory of Historic Sites and
Structures, Round III
Amy Amidon, community development department, told Council this Ordinance
designates as historic a portion of the Aspen Meadows property and the Red
Butte Cemetery. It also deletes two structures, 437 W. Smuggler and 325 N.
Third due to their demolition, and also removes 925 King street, which clarifies
that 935 King Street stays on the inventory.
Mayor Bennett opened the public hearing.
Hal Disher, representing the Aspen Institute, told Council their understanding is
that Anderson Park and 50 feet around the park are designated historic. The
areas outside that will not be historic. Disher said the map is difficult to
determine what is being designated. Ms. Amidon said the HPC resolution
specifically lists what is being designated. John Worcester, city attorney,
suggested continuing this so the Institute and staff can make sure they are in
agreement.
Councilwoman Richards moved to continue Ordinance #5, Series of 1996, to
March 11; seconded by Councilwoman Waggaman. All in favor, motion carried.
ORDINANCE #8, SERIES OF 1996 - Trueman Lot 1 SPA Amendment
Councilwoman Waggaman moved to read Ordinance #8, Series of 1996;
seconded by Councilman Paulson. All in favor, motion carried.
ORDINANCE #8
(Series of 1996)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A
SPECIALLY PLANNED AREA AMENDMENT FOR THE
TRUEMAN/ASPEN COMPANY TO ADD SEVERAL NEW USES TO THE
APPROVED SPAIPLAN was read by the city clerk
Mary Lackner, community development department, told Council the Trueman
center is zoned NIC (neighborhood/commercial) with an SPA overlay. The
applicant is requesting 23 new uses be added as permitted uses. This went to P &
3
Aspen City Council C Regular Meeting
Vuary 26, 1996
Z and during that review it was discovered that SCI zoning was also placed on
this property. This only shows up in the recorded documents. Ms. Lackner said
out of the 23, only 17 are requested to be added.
Ms. Lackner told Council staff identified several uses that would be appropriate
to be added to the list; 4 use permitted by right; 6 conditional uses; 4 present
conditional uses to be upgraded to use by right. Ms. Lackner told Council P & Z
reviews conditional uses for consistency with underlying zone district. This area
has been traditionally service/commercial/industrial and
neighborhood/commercial type of uses. Staff feels the expansions of commercial
core uses may be questionable.
Ms, Lackner said another issue at P & Z was SCI uses added to the subdivision.
In the original approvals there was discussion at Council that this shopping center
may pull businesses out of the commercial core. This area traditionally had SCI
and NC uses, P & Z recommended that as many square feet of SCI space that
was currently being used be reserved for SCI uses so that the do not change into
more retail use. This is about 1500 square feet out of 35,000 square feet, or 3
percent of the existing building. Staff agrees with this recommendation.
Another issue is the sidewalk. In the original approval the owner agreed that
anytime the city asked in writing to have the sidewalk put in on Puppy Smith
street, the applicant would do that. The city asked in writing in July 1995; the
sidewalk has not been installed,
Philip Bloemsma, property manager of the North Mill Station, said the applicant
feels the permitted uses of the NC zone district are antiquated. They should be
updated, the redundant ones should be eliminated. Bloemsma said they do not
agree with the recommendations of P & Z.
Councilwoman Richards asked how using the outdoors as a garden supply area
complies with the original open space requirements for the SPA. Ms. Lackner
said the use of this area for garden sales was denied by P & Z as it did not meet
. requirements. P & Z did allow display of hanging baskets, which are actually
sold in one of the stores. The use of the courtyard is not part of this application.
Bloemsma said they plan to put the sidewalk in this summer.
4
,......,
Aspen City Council '- Regular Meeting
.Juary 26,1996
Councilwoman Waggaman said she would not be opposed to a garden center in
the open space; it would make it much more attractive. It should be an area
accessible to the public' Councilwoman Richards said the Council cannot exempt
open space from a development and allow one person to use their open space.
Councilwoman Richards agreed the existing open space could be improved.
Stan Clauson, community development director, said one issue is whether shops
may spill their merchandise onto the streets and sidewalk. The present city codes
do not permit this and P & Z has been strict in their interpretation of the
restrictions. Clauson suggested the downtown enhancement review may visit this
to see if there is a way to allow more flexibility. Clauson said in dedicated open
space, the staff has taken the position that if items are displayed outside without
sale information, no price tag but perhaps where they can be purchased, this is all
right.
Councilman Paulson asked if there were discussions at P & Z about conflicts of
requested permitted uses and some of the existing items for sale in Clark's
Market. Councilman Marolt said an issue for him is the ratio of SCI to NC uses,
The SCI uses may be obsolete. Mayor Bennett said the use of open space for
plants or benches should be addressed by the downtown enhancement group
Councilman Marolt said he does not feel the 1500 square foot ratio of SCI to NC
is not adequate. Clauson said one purpose of the SCI and NC zone was to limit
the range of uses so that the ground rents would be limited and shops that serve
local customers will be emphasized. That purpose is still in effect. The SCI
zone also looks at light industrial with the same principle. Clauson told Council
the SCI uses are under the greatest pressure of being pushed out of town because
of escalating rents and the impact of these uses. P & Z made the
recommendation to preserve the ratio of SCI at the North Mill Station in order to
protect these uses, and to provide for a mix of SCI uses. Councilwoman
Richards said the P & Z recommendation to keep the current ratio is a fair one.
Councilman Marolt said the city needs more SCI uses within the city limits; these
have been eliminated at a rapid rate.
Councilwoman Waggaman said each of area of town being gentrified and she is
in favor of maintaining a certain ratio of this building as SCI. Councilwoman
Richards said if the plat references both NC and SCI, she cannot see letting it
become all NC Councilman Marolt said there are some light industries that
5
1"'''''
Aspen City Council ~ Regular Meeting
.......,
l,...Jruary 26, 1996
would be appropriately located in the Trueman property. Councilman Marolt
said he would not like to eliminate the SCI portion of the Trueman Center.
Councilwoman Waggaman said she cannot envision a bookstore that would be
only "locally serving" and would fit in the Trueman Center. There are plenty of
places that sell books in the commercial core. Mayor Bennett asked how much
control the city has over "conditional uses". Ms. Lackner said conditional use is
a public hearing at P & Z. The first standard an applicant has to meet is whether
the use is consistent with the purposes, goals, objectives and standards of the
AACP and the intent of the zone district. Ms. Lackner said the difficult thing is
when a store comes in under certain representations and gradually changes into a
higher scale use. The conditions of the conditional use will have to be adequately
written to prevent this. Mayor Bennett said he feels there may be a lack of
control when businesses turn over again and again and staff does not remember
the original conditions.
Councilwoman Richards suggested reviewing the P & Z minutes about this and
what they were thinking when they recommended only one use be added. Mayor
Bennett said he can accept staff's recommendation with the concern of what
control the city has over the conditional uses. Clauson pointed out there are
some limitations caused by the site which will likely keep out certain high end
uses. Generally people who go to the Trueman Center go with a purpose, not
just shopping. Councilwoman Richards requested for second reading an
overview of how many spaces in town are NC and SCI. Councilman Marolt
reiterated SCI space is lacking in the community. There should be more than
1500 square feet in this subdivision. Mayor Bennett said the specific problem
here is that the number comes from an old agreement.
Councilwoman Waggaman moved to adopt Ordinance #8, Series of 1996, on first
reading; seconded by Councilman Marolt. Roll call vote; Councilmembers
Richards, yes; Marolt, yes; Paulson, no; Waggaman, yes; Mayor Bennett, yes.
Motion carried,
Councilwoman Waggaman moved to go into executive session at 6:30 p.m. for
the purpose of discussing negotiations and possible real property acquisition;
seconded by Councilwoman Richards. All in favor, motion carried.
6
...-,
Aspen City Council \.... Regular Meeting
r' "'\
l......Jruary 26, 1996
Councilman Marolt moved to come out of executive session at 7:55 p.m.;
seconded by Councilman Paulson. All in favor, motion carried.
Councilwoman Waggaman moved to adjourn at 7:55 p.m.; seconded by
Councilman Marolt. All in favor, motion carried.
lerk
7
?".......
".
-
"~"'"
North Mi11 Station
P.O. Box 5081
Aspen, CO 81611
February 29, 1996
City of Aspen, Planning
Mary Lackner
130 S. Galena St.
Aspen, CO 81611
Re: Current and previous NMS commercia1 tenants for Trueman
SPA variance.
Dear Mary:
Following is a list of all commercial tenants of North Mi11
Station, both past and present:
Current Tenants
1. Aspen Bage1 Bites
2. Aspen Wine and Spirits
3. A1pine Hardware
4. Canyon C1eaners
5. C1arks Market
6. Le Gourmet De1icatessen
7. Mail Boxes Etc. Packing and Shipping
8. Pitkin County Bank
9. Rogers Lock Repair
10. Sashae F1ora1 Arts
11. Take Two Video
Previous Tenants
1. Susann's Haircutting
2. The Drug Company
3. pyramid Trave1 (AKA Escapade Tours)
4. Barkesdales App1iance
5. Summit Cleaners
6. Aspen Computer
7. Bank of Aspen
8. A-I TV and Stereo
9. Great Western Spirit Co.
10. Creative Printers
11. Scott S. Leask Home Furnishing and Accessories
12. P1antiques Ltd. F1ora1
13. pitkin Appliance
14. Aspen Baking Company (Pour La France)
15. Happy Carrot Natura1 Foods
16. The Property Group (Property Management Office)
Mary, please 1et me know if you have any questions.
Philip Bloemsma, Property Manager
'"
-
.......
~
MESSAGE DISPLAY
TO Mary Lackner
From: Cindy Christensen
Postmark: Feb 27,96 2:56 PM
Status: Previously read
Subject: Reply to: Trueman Aspen
------------------------------------------------------------------------------
Reply text:
From Cindy Christensen:
This was one that a deed restriction. was never recorded. It would be
a good idea if we could at least get a deed restriction done on these
units.
Preceding message:
From Mary Lackner:
I think you looked at this last year. I am interested in knowing
what type of deed restrictions they presently have on the (12 units?)
that are on top of Clark's Market. Are you folks interested in
seeing these updated to current, more enforceable requirements? We
are looking at an SPA amendment and may bring this up to Council in
March. THanks for your help Cindy.
-------========x========-------
J 7 (h4Js - Trv..Q /41" 4 fl'J/J
- SJA
I"'"
-
,..,
-
MESSAGE DISPLAY
TO Mary Lackner
From: stan Clauson
Postmark: Mar 07,96 10:57 AM
Status: Previously read
Subject: Reply to a reply: Aspen Truman Co. PUD Amendment
Reply text:
From Stan Clauson:
Actually, Mary, it does make sense to bring peds up on a dedicated
walkway. Maybe we could discuss it with them to see if they would
voluntarily include it in the sidewalk project, particularly if they
get some satisfaction with Council's approvals.
Preceding message:
From Mary Lackner:
I don't believe I was involved in any of these discussions. We have
already had first reading of this ordinance and do not believe we can
bring up a new issues without it going to a third reading.
From Chuck Roth:
On-going discussion has reminded me that last year some time, I was
requested to explore the possibility of obtaining an internal
circulation sidewalk within the Truman Subdivision & PUD. I do not
remember if the request came from you, P & Z, Council, Bill Efting.
The location of the requested sidewalk is alongside the driveway to
the parking lot of Clarks and other Truman leasee businesses. The
location is behind the curb on the landscaped median between the
driveway and the Post Office parking and mail drop boxes. Perhaps
the current application should include this issue.
-------========x========-------
~~~ .'
"/:....~~:.~~
-
--
-,
,r----'
(
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
DENYING A CONDITIONAL USE
REQUEST BY THE TRUEMAN/ASPEN COMPANY
FOR A SEASONAL GARDEN SHOP
TO BE LOCATED ON LOT 1 OF THE TRUEMAN SUBDIVISION
Resolution No. 95-~
WHEREAS, pursuant to Section 24-5-212 of the Aspen Land Use
Regulations, the Neighborhood Commercial zone district allows a
"garden shop" subject to Conditional Use review approval as
described Section 24-7-304; and
WHEREAS, the Planning Office received an application from the
Trueman Aspen Company and Sashae Floral Arts, represented by Philip
Bloemsma, for a Conditional Use review for a garden shop to be
located within the courtyard of the shopping center; and
WHEREAS, the Planning and Zoning commission considered the
applicant's request at a duly noticed public hearing on May 2, 1995
at which time the Commission made the following findings:
1. The Commission found that the proposed request was an
extension of retail space into walkways and open space
which is commercial growth without mitigation; and
2. The Commission found it would set a bad precedence for
a commercial use to expand into open space or under
existing overhangs; and
3. The Commission found that the applicant can discretely
beautify the existing open space with flower baskets and
plants without needing a conditional use review.
WHEREAS, after the Commission made these findings they voted
6-0 to deny the applicant's request.
NOW, THEREFORE BE IT RESOLVED by the Commission that the
Conditional Use review for a garden shop to be located in the
courtyard of Lot 1 of the Trueman. Subdivision is hereby denied.
APPROVED by the Commission at its regular meeting on May 2,
1995.
Attest:
~0XQ(t QCLhJ1. 1110
Sharon Carri11o,
Deputy City Clerk
Planning and Zoning commission:
tv. IZ.. L
W. Bruce Kerr, r
Chair
NL/SC l
SCl
" f',JC/.s ('l
~Ll/NG - LC..tI,
"Ne-c.,.I
,Vc. -co...11
N L - ('''r.A
. ,NC-
:/"fC
-se:r:.
S:C:L
5CI..
SC1
-S C:1-
,_." SCL
.$ CI - Lc""J.
$( ::L
Sc~
N(- UJ.-J.
S <: '"L
- '
"
.
/v1a;,~ 2, Iq7~
drr.i1C"r i:'1
#"
~. .,
....
Use Proposal for 10, 000 sq. fL Basement Area
The following Neighborhood Service functions are proposed to directly
accommodate neighborhood needs and to augment the concept of the
proposed Neighborhood Service Commercial Complex. These service
retail uses differ from the pedestrian oriented surface level uses in
that they do not require public shopping exposure, do not require
elaborately finished work spae:es or natura] light, and can afford the
less expensive rents resulting from the lower cost of unfinished base-
ment space. The uses noted are suggested to indude and be similar
to those outlined in the Service/Commercial/Industrial Zone of the
Zoning Code of the City of Aspen.
Dry Cleaning
S!llall Appliance Repair and Sales
Television Service and Sales
Laundromat
Paint Supply Shop
Hardware and Home Repair Shop
Carpet/Flooring Shop
Shoe Repair
Barber & Beauty Shop
Public Health and Exercise Facility
Equipment and Goods Rental
Sporting Goods Manufacturer, repair & rental
Builders Supply
Plumbing Service & Fixture Sale
Printing and Publishing
Craft Industry
Catalogue Sales
Cabinet Sales & Repair
Bakery
Plant Supply & Florist
Key Shop
Pet Supply Shop
Catering Service
Furniture Store
Radio Station
-tki-J UJ" o.v~t't'eA ,''''
Ma,d, '2 tell f..
,
C(
hei{(t'~ .
Respectfully Submitted
Cqpland Finholm Ha,gman Yaw Ltd
,
~. .
~' ,
Larry Yaw
JL Y;sb
-
.......
.....,,-
.....;,;1'
MEMORANDUM
TO: Aspen Planning Commission
FROM: Planning Staff (HC)
RE:I Trueman Property Subdivision Preliminary Plat
DATE: June 7, 1976
This is a request for Preliminary Plat approval for the Trueman
Property Subdivision. The area of the project is divided as
follows:
Lot I
Lot II
Lot II I
Lot IV
ROW
2.74 acres
2.39 acres
1. 24 acres
.49 acres
1.36 acres
8.22 acres
8uilding Footprints
Parking
Recreation
Open Space
ROW
L 26 acres
2.37 acres
1. 24 acres
1. gg 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 first floor building size by 2,000 square feet for an
enclosed loading area. We have scheduled the applicant for City Council
agenda on June 14~ 1976 to discuss this change and to report on progress
with the application. Also, we have included the minutes of the Council
action for your review.
The COIT111ents 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. Pedes tri an Access -
A. Major trail is located in disputed area. Needs
be surveyed around existing cottonwood trees.
B. Trail access to Bennett site either by Mill Street
sidewalk or along west of grocery building,
,..;"-"
,...",
...,.,
'-'
MEMO
Trueman Property Preliminary Plat
June 7. 1976
Page Two
3, Housing - a schedule for buildin9 employee housing units
must be developed by applicant ,and approved by P & Z
and Council. Otherwise no guarantees exist for construction
of the units, Present plan calls for 13 units on second
floor. but construction not part of first phase of project.
Parkin9 spaces need be allocated on the Trueman site for
these residential units,
4,
Parking -
A,
We are in agreement with the number
for the commercial complex provided
spaces are reserved.
of 123 spaces
hous i ng
B, Parking for Lot II, the Post Office, is not shown.
We feel the Post Office will argue for an excessive
amount of parking space. Such space will supplement
that available for the commercial space.
C. The design for the parking lot is massive and should
be llbroken upu by additional landscaping buffers.
5. Lot II - Post Office site is left in undeveloped state
precipitating the following concerns:
A. Parking spaces?
B. Auto circulation through site?
An easement is needed from Lot II to serve
commercial access road or the lot lines between
Lot I and Lot II should be described by the access
road.
C. Lot II approval should be conditioned on meeting
the design standards of the City of Aspen Sub-
division Regulations (Section 20.16-17).
6. Fire Protection - per Oick Miller, Aspen Fire Chief:
A. Two fire hydrants will be required,
B. Emergency fire truck access is needed to the rear
of the commercial building either by easement through
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 pull off zone
for taxi's~ limousine.
8, Transportation-
A. A bus stop is located on Mill Street~n provides
access to the site.
B. Auto access is via one road cut on Mill Street.
C. No auto access is provided to serve the contiguous
Bennett properties forcing an additional road cut
to serve the Bennett site,
"
'"'
-.J
'-'
MEMO
Trueman Property Preliminary Plat
June 7, 1976
Page Three
D. "l1:lrse ,Si1l! - the contiguous ownership to the north
would be serviced by the Trueman access road. Property
between the road right-of-way and property line should
be deeded to the City to control north side access
thus providing a mechanism for repayment (through the
City) of road costs to the developer (Trueman).
g. Mill Street Improvements -
A. The City must schedule and budget improvements to Main
Street to accomodate increased use generated by Trueman
development.
B. Improvements to Mill Street may necessitate a new access
point for Capp's Auto through the Rio Grande site. Dr
the City may wish to purchase Capp's as an alternative
to providing Rio Grande access.
C Since the improvements to Mill Street by the City will
be precipitated by the Trueman development, the developer
should pay a share of the improvement costs.
The, previous Schottland development was committed to
pay 50% of the costs of improvements on Mill Street
which fronted the development, Such improvements would
include, cutting, filling, grading, regrading, paving,
sidewalks, curbs and gutters. It would be appropriate
to pay such sums to the City upon commencement of such
improvements. We feel this is an appropriate requirement
for the Trueman development,
10. Public Use Dedication - we recommend a cash dedication of
6% of the market value of the land to the City.
11. Engineering Comments - As of this writing, specific comments
of the City Engineer have not been received. Numerous
meetings have occurred among the planning staff, Trueman
representatives and the Engineering Department. Should
Preliminary Plat be granted by P & Z, such approval should be
conditioned on the design standards Section 20-16-17 of the
City of Aspen Subdivision Regulations.
In surrunary, the Planning Office recoll1Tlends approval of the Preliminary
Plat based upon the above broadly described conditions and upon approval
by the City Council of the revised configuratIon of the grocery store
which now contains a 15,500 square foot food store and a 1,500 square foot
enclosed loading area. Essentially, the 2,000 square foot basement
storage has been transferred to the first floor for loading and checkout
services. We feel the City Council should be consulted as to this alteration
in their Conceptual Subdivision approval.
,,"\
t""'
,
"-.J
MI :Mnh'^Nf"l 1M
TO:
Aspen City Council
FROM:
C. Collins, P. Dobie, B. Goodheim
Planning & Zoning Commission
RE:
Trueman Property
'DATE:
December 22, 1975
At the December 9, 1975 meeting of the Planning & Zoning Commission
-approval was given to Conceptual Subdivision for the Trueman Property
by a 4 to 3 vote of the Commission.
Because of the importance of development in this area to overall planning
,in the City, the minority Commission members in the above decision wish
to convey to Council their reasons for not approving the conceptual sub-
division application.
The objections vary with individual members, but the following comments
reflect the general consensus in voting for disapproval:
1. The proposed development of 23,000 square feet for a Post Office
and 75,000 souare feet for a commercial, office and residential
building is not within the intent of Service/Commercial/Industrial
and Neighborhood Commercial which the area is presently zoned.
The total of 98,000 souare feet is almost tlAro full city blocks (91 'Yo)
in area and is therefore regional rather than neighborhood in scope.
2. The proposed scale of the project will seriously impact the area,
especially in terms of car and traffic generation.
3. The development will lead to further exodus of businesses from the
downtown area and jeopardize mall extension and a viable core area.
4. The project is not compatible with plans to deemphasize the car and
encourage use of public transit.
5. The problems associated with traffic circulation through the rail-
road property and to Red Mountain have not been resolved.
6. cAny plan which includes 20,000 square feet for a food store is not
consistent with Planning Office recommendations that the maximum
size be reduced to 12,000 square feet.
We respectfully submit that the proposed conceptual plan is too extensive
and bulky to come under the Neighborhood Commercial idea of "convenience
shopping" and it does not meet any of the needs for Service/Commercial!
Industrial operations in that area;
,....., ( )
'-"'" ~:J
I ) ......
'.",.,.r
MH1ORANOUf4
TO: Aspen City Council
FROM: Planning Office, Bill Kane
RE: Trueman Property Conceptual Subdivision
OATE: February 19, 1976
Three central issues remained unresolved as of our last discussion of the
Trueman Property - Conceptual Subdivision: 1) Commercial building size;
2) Total number of lots, and 3) Engineering considerations for curb
cuts on Mill and internal street right-of-way. With the exception of
some minor reservations concerning the use mix, we feel that the plan
has been amended to deal with the planning staff and Council objections.
In short, the plan now calls for 1) two (2) developable lots including
the Post Office and 2) a 45,000 square foot building to include:
a) food store 20,000 square feet,
b) associated neighborhood commercial uses 5,000 square feet,
c) health club and service related retail - basement 10,000
square feet,
d) employee housin9, 10,000 square feet.
The 10,000 square feet of office space previously discussed has been
changed to 3,500 square feet of health club and 6,500 square feet of
service retail. We support the concept of this change for two reasons:
1) The town is drastically overbuilt in office space with
170,000 square feet having been constructed last year.
2) The Trueman property was always planned to handle some
S.C.I. uses and continues to be the last feasible area
for space intensive retailing (furniture, appliance
repair, etc.).
While we agree with the concept we disagree with the location of sporting
goods rental as outlined in Mr. Yaw's letter and we will recommend
stronger, definitive controls on the uses proposed in the basement.
...,
V"Ia
......',
MEMORANDUM
TO:
Mayor and City Council
Amy Margerum, City Manager~ f,. (Y
/-'1
/
Stan Clauson, Community Development Direc'i,?:/ '
THRU:
THRU:
FROM:
Mary Lackner, Planner
RE:
Trueman Lot 1 SPA Amendment - 1st Reading
DATE:
February 26, 1996
SUMMARY: The applicant is seeking City approval to add 23 new permitted uses on Lot 1 of !be
Trueman Subdivision SPA which is located in the NC (Neighborhood Commercial) zone district.
The Planning and Zoning Commission considered !be applicant's request on June 6th and June 20,
1995, at which time !be Commission voted 4-3 to add only !be use "florist" to the conditional uses
permitted on Lot 1 of !be Trueman Subdivision.
Subsequent to !be Planning and Zoning Commission's consideration of !be applicants request, the
applicant asked !be Planning Office to withdraw !be application prior to consideration by City
Council. In December, !be applicant decided to pursue the request before City Council. The
application was reactivated at this time and has been scheduled for hearings before Council.
APPLICANT: Trueman Aspen Company, represented by Philip Bloemsma.
LOCA nON: Lot 1, Trueman Subdivision. (Clark's Market shopping center).
ZONING: NC/SPA - Neighborhood Commercial zone district with Specially Planned Area overlay.
STAFF COMMENTS: To assist Council in understanding !be applicant's request the following
exhibits are attached:
Exhibit A - application
Exhibit B - staff analysis of !be request
Exhibit C - NC and SCI zone district information
Exhibit D -Planning and Zoning Commission resolution 95-15.
The applicant initially sought to add 23 additional uses as permitted uses in the Trueman SPA. After
the June 6th Planning Commission review and before the June 20th review, staff identified Lot 1 of
the Trueman Subdivision had both NC and SCI uses approved for the lot. This is identified on the
approved SPA plan, which is recorded in Plat Book 5 at Page 75.
Since the additional uses of the SCI zone were not identified until part way into !be Planning
Commission review, !be applicant's original request actually includes several uses which are already
permitted or conditional uses. Staff has deleted fro. the original list of 23 uses requested by the
"'"
-
.'.,......
....,.'
applicant !bose uses which are actually permitted in the SCI zone. The remaining requested uses are
as follows:
1. Travel agency
2. Second hand store
3. Optical lab
4. Office supply
5. Furniture store
6. Children/toy store
7. Bookstore
8. Gift and card shop
9. Take-out food shop
10. Florist
11. Sporting goods store
12. Appliance store
13. Pet Store
14. Clothing and shoe store
15. Bed, ba!b and linen store
16. Arts and crafts
17. All current conditional uses would be considered permitted uses.
Staff analysis of each of these uses and their appropriateness in this zone district and SPA have been
evaluated in Exhibit B.
SCI SQUARE FOOTAGE: The Planning and Zoning Commission had considerable discussion
regarding !be amount of space that is reserved for SCI uses. The original approval documents for the
Trueman Neighborhood Commercial Project (TNCP) did not specify a percentage of net leasable
space that needed to be reserved for NC and SCI use. Instead !be applicant may lease all the
commercial space to NC uses only and not maintain any for SCI. The Commission is concerned that
there needs to be a balance of NC and SCI uses within !be project. In the 1976-77 City Council
hearings, council specifically discussed !bat the need for retail space in !be Trueman project should
not be a duplication of commercial core retailing, but needs to be service commercial oriented and
comply with the underlying NC zone district.
To maintain the initial intent of !be TNCP, wi!b the approval of both NC and SCI uses, the
Commission has forwarded a recommendation to Council that would amend !be SPA to require that
1500 square footage of net leasable space always be maintained for SCI businesses. Currently !be
only two SCI uses at !be Trueman project are the lock shop and the commercial bakery. These uses
equate to approximately 1500 net leasable square feet. Staff is recommending a condition with this
SPA amendment that would permanently require a minimum of 1500 net leasable sq.ft. to be
maintained for SCI oriented businesses. This represents three percent of the total building floor area
which is approximately 47,000 sq.ft.
SIDEWALK ISSUE: In the approved Subdivision Agreement for the Trueman Neighborhood
Commercial Project (TNCP), recorded in Book 327 at Page 25-38, there is specific language
regarding the addition of a sidewalk along Puppy Smith Street. This language reads:
2
,.....
........
.....,
....",,,#1'
3. Future Improvements: North Mill Street and Puppv Smith Street.
...In the event !bat !be City shall elect to construct or install any street
improvements on North Mill Street or a sidewalk on Puppy Smi!b Street in the
right-of-way abutting the TNCP, Trueman agrees, upon sixty (60) days written
notice, and on such terms as are mutually agreed upon by Trueman and the
City, to reimburse !be City for that portion of the actual cost of such
improvements, including reasonable engineering and inspection charges not to
exceed fifteen percent (15%), which is properly allocable to !be TNCP in
relation to frontage of the TNCP affected thereby. The proposed
improvements may include, but shall not be limited to, cutting, filling, grading,
regrading, paving, sidewalk, curbs, gutters, and drainage appurtenances. The
City shall have !be right to construct or install such improvements in phases or
increments, e.g. curbs and gutters in one year and sidewalks in a subsequent
year, and Trueman shall reimburse the City for each successive phase or
increment as above set forth.
It is staffs position !bat a sidewalk can be required at any time and does not necessarily have to relate
to a land use application on this property. However, engineering, planning and the PBC have
identified a need for a sidewalk in !bis area and has requested that one be constructed within 180 days
from !be date of Council's approval of this SPA amendment.
STAFF RECOMMENDATION: The Planning and Zoning Commission recommends !bat only a
"florist" be added to the list of conditional uses permitted for Lot I of the Trueman Subdivision, as
indicated in Reso 95-15. The Commission also wanted to ensure that a current square footage of SCI
uses always be maintained for SCI businesses.
Planning staff recommends partial approval of the applicant's request to expand the permitted uses on
Lot 1 of the Trueman SPA. For reasons noted in the review section of this memorandum, many of !be
uses proposed do not meet the purpose of the underlying NC zone district.
Staff recommends !bat !be following uses be added to the uses currently permitted by right on Lot 1
of the Trueman SPA:
1. Second hand store
2. Office supply
3. Florist
4. Catalog store
Staff further recommends !bat the following uses be added as conditional uses to Lot 1 of the
Trueman SPA:
1. Furniture shop
2. Children/toy store
3. Bookstore
4. Appliance store
5. Pet store
3
,.....
"""
6. Arts and crafts
The following uses are presently conditional uses in the NC zone district. Staff recommends that
these uses become permitted by right for Lot 1 of the Trueman SPA:
1. Laundromat
2. Garden shop
3. Hardware store
4. Paint and wallpaper store
The following conditions are recommended for this SPA Amendment:
1. The applicant shall file a new SPA agreement with !be City of Aspen wi!bin 180 days from
the date of approval by City Council. Failure on the part of the applicant to record !be final
development plan and SPA agreement wi!bin a period of 180 days following its approval by
city council shall render the plan invalid.
2. The applicant shall construct a new sidewalk on the north property boundary of !be property
adjacent to Puppy Smi!b Street. The plan for !bis sidewalk must be reviewed and approved
by the Planning Office and City Engineer. The sidewalk shall be constructed within 180 days
from the date of approval by City Council.
3. In order to maintain the balance of NC and SCI uses in !be project the applicant shall
maintain at least 1500 net leasable square feet for SCI uses on Lot 1. The remaining net
leasable square footage may be utilized for NC uses.
RECOMMENDED MOTION: "I move to read Ordinance ~, Series of 1996." "I move to approve
Ordinance $., Series of 1996 at first reading."
Exhibits:
Ordinance $, Series 1996
Exhibit A - application
Exhibit B - staff analysis of !be proposal
Exhibit C - NC and SCI zone district uses and purpose
Exhibit D - Planning and Zoning Commission resolution 95-15
4
,:~,_~.,,-f!;:~~ -.'-'
.,~,":' "-II~
(r
Exhibit A
ruemiui >jA~";~n Company
"300 Puppy Smith
fAspen, ,-CO 81611
.,,- "- ,.
March 28, '1995
City of Aspen
Planning and Zoning Commission
130 South Galena Street
Aspen, CO 81611
Re: Garden Center conditional use and Trueman SPA variance
Dear Commission Members:
Trueman Aspen Company is sUbmitting an application package
to the Planning and Zoning office to seek an approval of a
conditional use in the Neighborhood Commercial zone district
(sec. 5-212) as well as a variance to the Trueman SPA.
'.
The conditional use we are seeking is a "Garden Shop".
Trueman Aspen Company is requesting to use this permit for a
garden center located in the courtyard of the shopping
center.
The variance to the Trueman SPA is intended to allow more
locally oriented uses than are currently permitted under the
N/C zone guidelines (see attached). Following are the
attachments and information needed to begin the permit
process:
1. The street address of the proposed site, located at
lot #1, is:
North Mill Station
300 Puppy Smith
Aspen, CO 81611
Tel. #303-925-8603
2. The applicant is Trueman Aspen Company
3. The authorized representative of the applicant is
Philip Bloemsma, Agent and Property Manager.
4. Attached are the following:
a. A disclosure of ownership by way of 1993
real estate tax notice
b. A vicinity map locating the property
c. A description of the proposed uses with an
explanation of how the uses comply with the
standards of the Planning and Zoning office.
Thank you for your consideration in this matter.
~:;;lY ,
. QSL-~.g-
Philip Bloemsma,
-~
Agent
.; ~~~,,;
.'.-,~.i.t'f
r:..
ill 1'"'''-
ueman Aspen Company~
p.O. Box 5081
'Aspen, CO 81611
March 28, 1995
~
..
"<..$
City of Aspen
planning and Zoning Commission
130 South Galena St.
Aspen, CO 81611
Re: Trueman Center SPA Variance
Dear Commission Members:
The Trueman Center currently lies in the neighborhood
commercial zone district. with this application, Trueman
Aspen Company is seeking a SPA variance to allow the
following uses as permitted uses:
1. Travel Agency
2. Second Hand Store
3. Kitchen Supply Store
4. Optical Lab
5. Office Supply
6. Lighting Store
7. Photo/Framing Store
8. Furniture Store
9. Auto Parts Shop
10. Children/Toy Store
11. Book Store
12. Gift and Card Shop ~
13. ~-"QRiQR'a B_L:S.~""< -.... <''Agpt~ ^Ol.l.t ~D '5hl:)1)
14. Florist I
15. Lock Shop
16. Sporting Goods Store
17. Appliance Store
18. Pet Store Store
19. Clothing and Shoe Store
20. Audio/Video/Computer/Communications Store
21. Bed Bath and Linen Store
22. Arts and Crafts
23. We would also ask that all existing conditional uses
be considered permited uses.
Trueman Aspen Company feels that all of the requested uses
conform with the intent of the zone district and the
original intent of the City Council in designating the
parcel SpeciallY Planned Area.
ilip Bloemsma, Agent
~:;:-
'":1.i!5.CC'
~Bi:n
'".,',~,i;~,'
~, -"'.
"",.,. .'
-
.,Jllan Aspen Comparfy ,
o puppy Smi th"-'-
7l'spen, CO 81611
March 29, 1995
/'
,<;,,"/
City of Aspen
Planning and Zoning Commission
130 South Galena St.
Aspen, CO 81611
Re: Trueman SPA Variance and Conditional Use response to
review standards.
Dear Commission, Members:
Following is a response to the review standards of the P&Z
per attachment 4 of the conditional use and SPA development
application. Trueman Aspen Company feels that the
Conditional Use and SPA Variance are consistent with the
intent of the commission and council. Also the requests
are consistent and compatible with the character of the
immediate vicinity and enhances the mixture of the existing
uses.
The impact will be minimal. There will be virtually no
visual impacts and the proposed uses will require no
additional services or public facilities in order to
operate. The Trueman Center 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 any proposed use.
The Conditional Use and SPA Variance proposed by Trueman
Aspen Company are consistent with all standards and
objectives of the Aspen Area Comprehensive Plan (AACP). In
particular, the AACP suggests that the NC zones permitted
and conditional uses be revised. The uses will be a
convenienca to the local community. They will enhance the
objectives of the zone district by serving the needs of the
local who requires convenience and ease with daily errands.
With this in mind, Trueman Aspen Company feels that the
proposed uses are appropriate for the Neighborhood Zone
District. Thank you for your consideration.
..J
~
and Property Manager
-'t~~.:
..~~tff ~
/'.'
'",,/
/.. ",
Exhibit B
....,i
Review Criteria for Trueman Lot 1 SPA Amendment
This project is being reviewed !brough !be Final SPA review process, since !be addition generally
complies with !be Conceptual SPA plan that was approved in 1977, as permitted by Section 24-7-
804(C)(2) of the Aspen Municipal Code. The Final SPA review process requires review by the
Planning Commission and City Council.
The applicant is seeking to add !be following uses as permitted uses in the Trueman SPA. Staff has
added (SCI) next to those uses we believe are already allowed in the SCI zone.
1. Travel agency
2. Second hand store
3. Optical lab
4. Office supply
5. Furniture store
6. Children/toy store
7. Bookstore
8. Gift and card shop
9. Take-out food shop
10. Florist
11. Sporting goods store
12. Appliance store
13. Pet Store
14. Clothing and shoe store
15. Bed, bath and linen store
16. Arts and crafts
17. All current conditional uses would be considered permitted uses.
To help Council understand !be nature of !be applicant's request, !be existing uses permitted by right
and conditional uses of the NC and SCI zone districts are included in Exhibit C. Staff has also
included the purpose statements of the CC, Cl, SCI, and 0 zone in this exhibit to assist Council in
their evaluation of this application.
Staff believes !be applicant's request could have substantial implications for the Trueman SPA. The
purpose of !be NC zone district should be considered when reviewing the nature of !be proposed uses.
The purpose of the NC zone district follows:
The purpose of !be Neighborhood Commercial (NC) zone district is to
allow small convenience retail establishments as part of a neighborhood,
that are designated and planned to be compatible with !be surrounding
neighborhood, to reduce traffic generation, and mitigate traffic circulation
and parking problems, and to serve !be daily or frequent trade or service
needs of the neighborhood.
The Planning Office has provided the following comments about each of !be proposed uses to be
added to !be Trueman SPA. In parenthesis are the zone districts in which !bese uses are currently
allowed by right.
"'....
.......
r'"""
......,
1. Travel agency (CC, Cl, 0)
A travel agency is considered a professional office. This use is permitted in the three primary
commercial zone districts in Aspen. Staff does not support increasing the ability of this type of
professional office to be extended into the NC zone district.
2. Second hand store (CC, C 1)
Second hand stores are popular retail establishments that serve a niche !bat regular retail does not
provide. This is a retail use that can be narrowly defined. Staff recommends this as a use permitted in
the NC zone.
3. Optical lab (CC, Cl, 0)
No explanation is offered in !be application as to !be nature of an optical lab. Medical offices are
permitted in the CC, Cl and 0 zone districts, which seems appropriate for an optical lab. Staff does
not see an optical lab as appropriate in !be NC zone.
4. Office supply (CC, Cl)
Office supply may be an appropriate convenience use in !bis area.
5. Furniture store (CC, Cl)
Furniture stores vary in their orientation to customers. Depending on !be type of business !bis may be
an appropriate use in !bis zone. Staff recommends this be a conditional use.
6. Children/toy store (CC, CI)
Although mostly geared to the commercial core area, a children store or toy store could be oriented to
serving !be local population. Again, depending on the orientation of the particular business, it mayor
may not be appropriate in the NC zone. Staff recommends that a children/toy store be a conditional
use.
7. Bookstore (CC, Cl)
Bookstores are also a conditional use in the 0 zone in historic landmarks. The grocery store carries
some magazines and books of interest to their customers. Depending on the orientation and type of
bookstore it may be appropriate in !be NC zone. Staff recommends that !bis be a conditional use.
8. Gift and card shop (CC)
Staff does not believe a gift shop is appropriate in !be NC zone district. The combination pharmacy,
card shop, beauty shop, gift shop of The Drug Store provided a variety of uses that were oriented to
the local neighborhood. A gift and card section of a larger local oriented store would be appropriate.
9. Take-out food shop (CC)
2
-
'-'
....""
A food market is a permitted use in !be NC zone. The definition of a food market is "... a store which
primarily sells packaged, bulk and fresh foods, which may have indoor seating up to ten seats, and no
wait service." Staff believes !bis definition provides for !be type of food service that's appropriate for
the NC zone. An emphasis of the NC zone is to reduce traffic trips, !berefore staff does not believe a
take-out food shop (Le. fast food) would be consistent wi!b the purpose of !be NC zone.
10. Florist (CC, Cl)
A florist would be a use consistent with the purpose of the NC zone. Staff recommends !bat !bis be a
permitted use.
11. Sporting goods store (CC)
Although Aspen's local population is oriented to outdoor and sporting activities, this use would be
extremely difficult to enforce in an NC zone district. Staff believes this use is most appropriate in the
main commercial zone districts of town.
12. Appliance store (CC, Cl)
The SCI zone district permits "appliance and equipment, rental, storage, and repair". Depending on
the specific orientation of an appliance store, this use may already be permitted in !be Trueman SPA.
13. Pet Store (CC, Cl)
Generally it is the local population !bat would patronize a pet store. Staff believes !bis would be
consistent wi!b the NC zone if it was subject to a conditional use review.
14. Clo!bing and shoe store (CC, Cl)
Although clothing and shoe apparel is needed by the local population as well as visitors, staff does not
believe a clothing or shoe store is appropriate in the NC zone, as they are permitted in !be other
commercial zones in town.
15. Bed, bath and linen store (CC, CI)
Staff believes this would be too specialty oriented and not a use that would be frequented by !be local
population on a recurring basis.
16. Arts and crafts (CC, Cl)
A use such as Aspen Art Supply may be appropriate in this location. There are other arts and crafts
related businesses that staff does not believe would be appropriate. Depending on !be orientation of
the business staff recommends that !bis use be a conditional use in the zone.
17. All current conditional uses would be considered permitted uses.
3
,".....,
......
........."
The current conditional uses of !be NC zone district are: service station; laundromat; garden shop;
hardware store; paint and wallpaper store; carpet, flooring and drapery shop; business and
professional office, free market dwelling units which are accessory to other permitted uses, home
occupation, and satellite dish antennae.
Staff believes that !be following existing conditional uses should be permitted by right: laundromat,
garden shop, hardware store, and paint and wallpaper store. (Satellite dishes have been eliminated
from the code as a conditional use in all zone districts). The remaining uses should be maintained as
conditional uses as they be have an orientation or impacts that should be reviewed in the public
hearing context of a conditional use review. Finally, staff believes !bat a catalog store would be an
appropriate use in the NC zone and recommends that !bis be added to !be permitted use in the
Trueman SPA.
Specially Planned Area Criteria: Section 24-7-804(D)(2), Specially Planned Area regulations of the
Municipal Code, permits use variations from !be underlying zone district if the variations comply wi!b
the standards of Section 7-804(B) of !be Code. The following review standards are set forth in
Section 24-7-804(B) of !be Aspen Municipal Code:
1. Whether the proposed development is compatible with or enhances
the mix of development in the immediate vicinity of the parcel in
terms of land use, density, height, bulk, architecture, landscaping, and
open space.
Response: The proposed SPA amendment will expand the range of commercial uses permitted in the
Trueman SPA. No increase in square footage is proposed. Staff has made comments on each of !be
23 proposed uses in !be preceding section.
2. Whether sufficient public facilities and roads exist to service the
proposed development.
Response: The City Engineer submitted comments on the Pitkin County Bank satellite branch office
conditional use application. These referral comments identified a need for a sidewalk to be
constructed on !be sou!b side of Puppy Smith Street. The Planning Office and Planning Commission
did not believe !be construction of a sidewalk was appropriate for mitigation in the bank's conditional
use application, however staff would like to reconsider this requirement with this SPA amendment.
Al!bough the applicant is not increasing the square footage of the structure, !be proposed increase in
types of commercial uses at the shopping center warrant !be installation of a sidewalk on the parcel.
Individual conditional use reviews may not necessitate a sidewalk but these code amendments should
be viewed as a more significant change to the SPA.
3. Whether the parcel proposed for developrnent is generally suitable for
development, considering the slope, ground instability and the
possibility of mud flow, rock falls, avalanche dangers and flood
hazards.
Response: This provision does not apply for the proposed use amendment.
4
-
--
'''...#
4. Whether the proposed development creatively employs land planning
techniques to preserve significant view planes, avoid adverse
environmental impacts and provide open space, trails and sirnilar
amenities for the users of the project and the public at large.
Response: The applicant is only asking for an increase in commercial uses allowed by right in the
SPA. No public amenities are proposed as no new development is proposed.
5. Whether the proposed development is in compliance with the Aspen
Area Community Plan.
Response: One of the goals of the AACP is to revise !be permitted and conditional uses of the NC
zone district so !bat only local serving uses are permitted. The purpose of !be NC zone also
emphasizes providing daily and frequent neighborhood services and the reduction of traffic. Staff
has closely reviewed !be proposed list of uses and has made comments relative to their
appropriateness in the NC zone district, as recommended by the AACP.
6. Whether the proposed development will require the expenditure of
excessive public funds to provide public facilities for the parcel, or the
surrounding neighborhood.
Response: The City has been working on improvements to Puppy Smi!b Street and has suggested
!bat !be applicant provide a sidewalk along the south side of !bis street. Therefore, the proposed
amendment will not require !be expenditure of public funds to provide public facilities.
7. Whether the proposed development on slopes in excess of twenty
percent (20%) meet the slope reduction and density requirements of
Section 7-903(B)(2)(b).
Response: No new development is proposed, therefore !bis provision does not apply.
8. Whether there are sufficient GMQS allotments for the proposed
development.
Response: The applicant is not seeking to increase !be floor area of the project. The request to add
supplementary uses to those presently allowed does not trigger !be need for GMQS allotruents.
2. The applicant shall construct a new sidewalk on the north property boundary of the property
adjacent to Puppy Smith Street. The plan for !bis sidewalk must be reviewed and approved
by the Planning Office and City Engineer. The sidewalk shall be constructed wi!bin 180 days
from the date of approval by City Council.
5
r-..
'",.I
Exhibit C
Zone District Purposes
The purpose of the NC zone district follows:
The purpose of the Neighborhood Commercial (NC) zone district is to allow small
convenience retail establishments as part of a neighborhood, that are designated and planned
to be compatible wi!b !be 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 !be neighborhood.
The purpose of the CC (Commercial Core) zone district is:
The purpose of !be Commercial Core (CC) zone district is to allow !be use of land for retail
and service commercial, recreation and institutional purposes with customary accessory
uses to enhance !be business and service character in the central business core of the city.
Hotel and principal long-term residential uses may be appropriate as conditional uses, while
residential uses are permitted or may be appropriate as conditional uses.
The purpose of the Commercial (Cl) zone district is:
The purpose of !be Commercial (Cl) zone district is to provide for the establishrnent of
commercial uses which are not primarily oriented towards serving the tourist population.
The purpose of the Service/Commercia1/Industrial (S/C/I) zone district is:
The purpose of !be Service/Commercia1/Industrial (S/C/I) zone district is to allow for the
use of land for the preservation or development of limited commercial and industrial uses
which do not require or generate high customer traffic volumes, and to permit customary
accessory uses, including residential dwellings.
The purpose of the Office (0) zone district is:
The purpose of the Office (0) zone district is to provide for the establishment of offices and
associated commercial uses in such a way as to preserve !be visual scale and character of
former residential areas !bat now are adjacent to commercial and business area, and
commercial uses along Main Street and o!ber high volume thoroughfares.
,",
"..;
NC and SCI Zone District Uses (permitted and Conditional)
The following uses of !be Neighborhood Commercial (NC) zone district are permitted as of right:
1. Drug store
2. Food market
3. Liquor store
4. Dry cleaning and laundry pick-up station
5. Barber shop
6. Beauty shop
7. Post office branch
8. Record store
9. T.Y. sales and service shop
10. Shoe repair shop
11. Video rental and sale shop
12. Accessory residential dwellings restricted to affordable housing guidelines
13. Accessory buildings and uses
The following uses are permitted as conditional uses in !be Neighborhood Commercial (NC):
1. Service station
2. Laundromat
3. Garden shop
4. Hardware store
5. Paint and wallpaper store
6. Carpet, flooring and drapery shop
7. Business and professional office
8. Free market dwelling units which are accessory to o!ber permitted uses
9. Home occupation
10. Satellite dish antennae
The following uses are permitted as of right in the Service/Commercia1/Industrial (SCI) zone
district.
1. Limited commercial and industrial uses including the following and similar uses:
Vehicle sales
Appliance and equipment rental, storage, and repair
Automobile repair
Automobile washing facilities
Electrical and plumbing service shops
Commercial bakery
Computer product sales and services
2
,.,
,,,",,
/" ",
Limited industrial uses including:
Builder's supply
Industrial dry cleaning plant and laundry
Fabrication and repair of building materials and components
Lumberyards
Manufacture and repair of electronics or sporting goods
Printing and publishing plants
Telecommunications supply
Typesetting
Warehousing and storage
Shop-craft industry and similar uses
Artists' studios with optional accessory dwellings
All of !bese uses are permitted provided !bey do not create unusual traffic hazard,
noise, dust, fumes, odors, smoke, vapor, vibration, glare or industrial waste disposal
problems, and provided that no permitted uses principally sell daily for frequently
bought items to the general public;
2. Accessory residential dwellings restricted to affordable housing guidelines;
3. Home occupations; and
4. Accessory buildings and uses.
The following uses are permitted as conditional uses in !be SCI zone district:
1. Full-service gas station;
2. Dance studio;
3. Martial arts studio;
4. Dwelling unit accessory to permitted uses other than artists studio;
5. Catalogue sales store;
6. Laundromat;
7. Photography studio;
8. Satellite dish antennae;
9. Above-ground fuel storage tanks.
3
.. ---~--.._'.,--~-
. ' :;;:..,';"~" ',".
...:....
-
--
Exhibit 0
;---
(
,
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING CONDITIONAL APPROVAL
OF A SPA AMENDMENT
TO CITY COUNCIL
FOR THE TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT
TO PERMIT ADDITIONAL USES IN THE SPA
Resolution No. 9S-JES
WHEREAS, Philip Bloemsma, the representative for the Trueman
Aspen Company, has submitted an application to the Planning Office
requesting the addition of 23 uses to be considered permitted uses
for Lot 1 of the Trueman Subdivision SPA; and
WHEREAS, the Trueman Neighborhood Commercial Project was
approved in 1977 with the uses of the NC (Neighborhood commercial)
and SCI (Service/Commercial/Industrial) zone district. This is
indicated in Plat Book 5 at Page 75. The applicant is seeking to
add additional uses to those presently specified in the NC and SCI
zones and is requesting an SPA Amendment pursuant to sections 24-
7-804(B) and 24-7-804(D) (2) of the Aspen Municipal Code; and
WHEREAS, the Applicant is seeking to have the following uses
become permitted uses for Lot 1 of the Trueman Subdivision SPA:
travel agency; second hand store; kitchen supply store; optical
lab; office supply; lighting store; photo/framing store; furniture
store; auto parts shop; children/toy store; bookstore; gift and
card shop; take-out food shop; florist; lock shop; sporting goods
store; appliance store; pet store; clothing and shoe store;
aUdio/video/computer/communications store; bed, bath and linen
store; arts and crafts; and, all current conditional uses would be
considered permitted uses; and
WHEREAS, it has been found that several of these uses are
permitted in the SCI zone district and that a SPA amendment is not
necessary if these following uses comply with the explanation
included in the SCI zone district: kitchen supply store; lighting
store; photo/framing store; auto parts shop; lock shop;
aUdio/video/computer/communications store; and, arts and crafts
store.
WHEREAS, the Planning and Zoning Commission considered the
Applicant's request at a duly noticed public hearing on June 6th
and June 20 1995. The Commission expressed concern that many of
the proposed uses did not meet the intent of the NC zone district
and that these new commercial uses would erode the NC zone. The
Commission further identified that the expansion of the proposed
uses into the NC zone would turn the Trueman center into an area
that would compete with the commercial core; and
WHEREAS, the Commission discussed the application and voted
to approve a modified version of the applicant's request by a vote
'-.., of 4-3.
.,-.,
, -
,...
-
'.,-,-'
,.--.-.--
NOW, THEREFORE BE IT RESOLVED by the Commission:
That it hereby recommends a modified approval of the applicant's
request that would add the use "florist" to the conditional uses
permitted at the Trueman Subdivision SPA for Lot 1 to City Council.
NOW, THEREFORE BE IT FURTHER RESOLVED by the Commission:
That it hereby recommends that the current square footage of SCI
uses be calculated and require this percentage of space to always
be reserved for SCI use in the project to City Council.
APPROVED by the Commission at its regular meeting on June 20, 1995.
Attest:
Planning and
commission:
Zoning
~~ 0.CL>t>ullD
haron Carrillo,
Deputy city Clerk
Sauz #aftcw
Sara Garton,
Chair
reso.apz.spa.trueman
2
.......
"',
ur:.G 7 1995
Trueman Aspen Company
P.O. Box 5081
Aspen, CO 81611
December 6, 1995
City of Aspen
Community Development
Mary Lackner
130 S. Galena St.
Aspen, CO 81611
Re: Trueman SPA amendment
Dear Mary:
Per your request, I am writing this letter asking to
reopen the Trueman SPA amendment. After speaking with Stan
Clauson it was agreed that all billing currently owed by
Trueman Aspen Company would be paid in full.
In exchange the fees to
waived by the city. If
our office at 925-8603.
with plans for the next
further pursue an amendment would be
you have any questions please call
I look forward to hearing from you
step in the process.
("
~
for Trueman Aspen Company
t""
\..,--
"'"
~
MESSAGE DISPLAY
TO
CC
Mary Lackner
Dave Michaelson
TO
CC
Debbie DuBord
Cindy Houben
From: Stan Clauson
Postmark: Nov 30,95 2:48 PM
Status: Previously read
Subject: Trueman Zoning
Message:
I have struck a deal with Phil Bloemsma that Trueman would pay the
amount currently outstanding on their zoning change, which they had
protested. But if they want to take the recommended changes from P&Z
on to Council, we would do it for free. Phil may be calling you,
Mary.
-------========x========-------
r"',
v
-
-
MEMORANDUM
TO:
Planning and Zoning commission
FROM:
Mary Lackner, Planner
RE:
Trueman Lot 1 SPA Amendment - Public Hearing
DATE:
June 20, 1995
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY:
permitted
in the NC
The applicant is seeking City approval to vary the uses
on Lot 1 of the Trueman Subdivision SPA which is located
(Neighborhood Commercial) zone district.
At the June 6th meeting, the Commission requested that the Planning
Office conduct further research to identify past agreements and
approvals for the Trueman Subdivision. This memo presents the
findings from the additional research.
APPLICANT: Trueman Aspen Company, represented by Philip Bloemsma.
LOCATION: Lot 1, Trueman Subdivision.
ZONING: NC - Neighborhood Commercial zone district.
STAFF COMMENTS: The approved SPA plan for Lot 1 of the Trueman
SPA, which is recorded in Plat Book 5 at Page 75, approved NC and
SCI uses on this parcel.
"Exhibit 1" includes the purpose section of the NC and SCI zone
districts and the list of permitted and conditional uses in each
of these zone districts. "Exhibit 2" is the complete June 6th
Planning Office review memo on this item.
The applicant was initially seeking to add the following uses as
permitted uses in the Trueman SPA. with the new information staff
has obtained, several of these uses may be permitted or conditional
uses in the SCI zone district. Staff has noted SCI next to each
item that may be considered an SCI use:
1. Travel agency
2. Second hand store
3. Kitchen supply store ISCI)
4. Optical lab
5. Office supply
6. Lighting store ISCI)
7. Photo/framing store ISCI)
8. Furniture store
9. Auto parts shop ISCI)
10. Children/toy store
11. Bookstore
12. Gift and card shop
13. Take-out food shop
c
,....
--
14. Florist
15. Lock shop (SCI)
16. Sporting goods store
17. Appliance store
18. Pet Store
19. Clothing and shoe store
20. Audio/video/computer/communications store (SCI)
21. Bed, bath and linen store
22. Arts and crafts (SCI)
23. All current conditional uses would be considered
permitted uses.
Staff urges the Planning Commission to tabulate each of the above
uses into permitted, conditional, or prohibited uses for the
Trueman SPA and have this available at the meeting for discussion.
SIDEWALK ISSUE: In the approved Subdivision Agreement for the
Trueman Neighborhood Commercial Project (TNCP), recorded in Book
327 at Page 25-38, there is specific language regarding the
addition of a sidewalk along Puppy smith Street. This language
reads:
Future Improvements:
smith Street.
North Mill Street and PUppy
3.
. ..In the event that the city shal1 elect to
construct or install any street improvements on North
Mill Street or a sidewalk on Puppy Smith Street in the
right-of-way abutting the TNCP, Trueman agrees, upon
sixty (60) days written notice, and on such terms as are
mutually agreed upon by Trueman and the city, to
reimburse the City for that portion of the actual cost
of such improvements, including reasonable engineering
and inspection charges not to exceed fifteen percent
(15%), which is properly allocable to the TNCP in
relation to frontage of the TNCP affected thereby. The
proposed improvements may include, but shall not be
limited to, cutting, filling, grading, regrading, paving,
sidewalk, curbs, gutters, and drainage appurtenances.
The city shall have the right to construct or install
such improvements in phases or increments, e.g. curbs and
gutters in one year and sidewalks in a subsequent year,
and Trueman shall reimburse the City for each successive
phase or increment as above set forth.
It is staff's position that a sidewalk can be required at any time
and does not necessarily have to relate to a land use application
on this property.
STAFF RECOMMENDATION: Staff would like the Planning commission to
go through the proposed list of uses and determine which should be
permitted, conditional, and prohibited uses.
2
c
~
'-
Planning staff recommends partial approval of the applicant's
request to expand the permitted uses on Lot 1 of the Trueman SPA.
For reasons noted in the memorandum, many of the uses proposed do
not meet the purpose of the underlying NC zone district.
The following uses may be permitted in the SCl zone district and
therefore no code amendment is necessary for these:
1. Kitchen supply store
2. Lighting store
3. Photo/framing store
4. Auto parts shop
5 . Lock shop
6. AUdio/Video/Computer/Communications store
7. Arts and crafts
staff recommends that the following uses be added to the uses
currently permitted by right on Lot 1 of the Trueman SPA:
l.
2 .
3 .
4.
Second hand store 3
Office supply j
Florist J- '/
Catalog store 2
iPNt1) l~~
Staff further recommends that the fol1owing uses be added as
conditional uses to Lot 1 of the Trueman SPA:
1. Furniture shop 2
2. Children/toy store''l..
3 . Bookstore..3
4. Appliance store i-
5. Pet store 2.
The following uses are presently conditional uses in the NC zone
district. Staff recommends that these uses become permitted by
right for Lot 1 of the Trueman SPA:
1. Laundromat
2. Garden shop
3. Hardware store
4. Paint and wal1paper store.
The following conditions are recommended for this SPA Amendment:
1. The applicant shall file a new SPA agreement with the City of
Aspen within 180 days from the date of approval by city
Council. Failure on the part of the applicant to record the
final development plan and SPA agreement within a period of
180 days following its approval by city council shall render
the plan invalid.
3
1"""\
........
-.
"'"
RECOMMENDED MOTION: "I move to recommend to City Council a use
amendment to the Trueman Lot 1 Final SPA, as recommended in the
Planning Office memorandum dated June 20, 1995."
Exhibits:
11111 -
Purpose of the NC and SCI zone districts and the list of
permitted and conditional uses for each of these zones
June 6, 1995 Memorandum to the Planning commission
"2" -
4
t"'
---
"".
--
EXHIBIT 1
The purpose of the NC zone district follows:
The purpose of the Neighborhood commercial (NC) zone
district is to allow small convenience retail
establishments as part of a neighborhood, that are
designated 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 following uses of the Neighborhood Commercial (NC) zone
district are permitted as of right:
1. Drug store
2. Food market
3. Liquor store
4. Dry cleaning and laundry pick-up station
5. Barber shop
6. Beauty shop
7. Post office branch
8. Record store
9. T.V. sales and service shop
10. Shoe repair shop
11. video rental and sale shop
12. Accessory residential dwellings restricted to
affordable housing guidelines
13. Accessory buildings and uses
The following uses are permitted as conditional uses in the
Neighborhood Commercial (NC):
1. Service station
2. Laundromat
3. Garden shop
4. Hardware store
5. Paint and wallpaper store
6. Carpet, flooring and drapery shop
7. Business and professional office
8. Free market dwelling units which are accessory to
other permitted uses
9. Home occupation
10. Satellite dish antennae
5
/~
',-"
r-"
.......
The purpose of the Service/Commercial/Industrial
district is:
(SCI)
zone
The purpose of the service/commercial/Industrial (SCI)
zone district is to allow for the use of land for the
preservation or development of limited commercial and
industrial uses which do not require or generate high
customer traffic volumes, and to permit customary
accessory uses, including residential dwellings.
The following uses are permitted as of right
service/Commercial/Industrial (SCI) zone district.
in
the
1. Limited commercial and industrial uses including the
following and similar uses:
Vehicle sales
Appliance and equipment rental, storage, and repair
Automobile repair
Automobile washing facilities
Electrical and plumbing service shops
Commercial bakery
Computer product sales and services
Limited industrial uses including:
Builder's supply
Industrial dry cleaning plant and laundry
Fabrication and repair of building materials and
components
Lumberyards
Manufacture and repair of electronics or sporting
goods
Printing and publishing plants
Telecommunications supply
Typesetting
Warehousing and storage
Shop-craft industry and similar uses
Artists' studios with optional accessory dwellings
All of these uses are permitted provided they do not
create unusual traffic hazard, noise, dust, fumes, odors,
smoke, vapor, vibration, glare or industrial waste
disposal problems, and provided that no permitted uses
principally sell daily for frequently bought items to the
general public;
2. Accessory residential dwellings restricted to affordable
housing guidelines;
3. Home occupations; and
4. Accessory buildings and uses.
6
<"'-
..-,.
'-'
'-'"
The following uses are permitted as conditional uses in the SCI
zone district:
1. Full-service gas station;
2. Dance studio;
3. Martial arts studio;
4. Dwelling unit accessory to permitted uses other than
artists studio;
5. Catalogue sales store;
6. Laundromat;
7. Photography studio;
8. Satellite dish antennae;
9. Above-ground fuel storage tanks.
7
c
I""
-
Exhibit 2
MEMORANDUM
TO:
Planning and Zoning commission
FROM:
Mary Lackner, Planner
RE:
Trueman Lot 1 SPA Amendment - Public Hearing
DATE:
June 6, 1995
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY:
permitted
in the NC
The applicant is seeking City approval to vary the uses
on Lot 1 of the Trueman Subdivision SPA which is located
(Neighborhood Commercial) zone district.
APPLICANT:
Trueman Aspen Company, represented by Philip Bloemsma.
LOCATION:
Lot 1, Trueman Subdivision.
ZONING: NC - Neighborhood Commercial zone district.
APPLICANT'S REQUEST: The applicant is requesting an SPA use
amendment to allow more locally oriented uses than are presently
permitted in the NC zone district.
Please refer to application information, Exhibit "A".
PROCESS: This project is being reviewed through the Final SPA
review process, since the addition generally complies with the
Conceptual SPA plan that was approved in 1977, as permitted by
section 24-7-804(E) (2) of the Aspen Municipal Code.
The Planning Commission shall forward a recommendation to City
Council for the proposed SPA amendment.
STAFF COMMENTS: Section 24-7-804 (D) (2), Specially Planned Area
regulations of the Municipal Code, permits use variations from the
underlying zone district if the variations comply with the
standards of section 7-804(B) of the Code.
The purpose of the NC zone district follows:
The purpose of the Neighborhood Commercial (NC) zone
district is to allow small convenience retail
establishments as part of a neighborhood, that are
designated 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 applicant is seeking to add the following uses as permitted
uses in the Trueman SPA.
c
-
>wi
1. Travel agency
2. Second hand store
3. Kitchen supply store
4. Optical lab
5. Office supply
6. Lighting store
7. Photo/framing store
8. Furniture store
9. Auto parts shop
10. Children/toy store
11. Bookstore
12. Gift and card shop
13. Take-out food shop
14. Florist
15. Lock shop
16. Sporting goods store
17. Appliance store
18. Pet Store
19. Clothing and shoe store
20. Audio/Video/Computer/Communications store
21. Bed, bath and linen store
22. Arts and crafts
23. All current conditional uses would be considered
permitted uses.
To help the Planning commission understand the nature of the
applicant's request, the existing permitted by right and
conditional uses of the NC zone district are included in Exhibit
"B". Staff has also included the purpose of the CC, Cl, SCI and
o zone in this exhibit to assist the Planning commission in their
decision.
Staff believes the applicant's request could have substantial
implications on the Trueman SPA. The purpose of the NC zone
district should be considered when reviewing the nature of the
proposed uses.
The Planning Office has provided the following comments about
of the proposed uses to be added to the Trueman SPA.
parenthesis are the zone districts in which these uses
currently allowed by right.
each
In
are
1. Travel agency (CC, Cl, 0)
A travel agency is considered a professional office. These uses
are permitted in the three primary commercial zone districts in
Aspen. Staff does not support increasing the ability of this type
of professional office to be extended into the NC zone district.
2. Second hand store (CC, C1)
Second hand stores are popular retail establishments that serve a
2
r
'-
,,,",,,,
.-..)
niche that regular retail does
that can be narrowly defined.
permitted in the NC zone.
not provide. This is a retail use
staff recommends this as a use
3. Kitchen supply store (SCI)
A kitchen supply store can mean many different things, from the
sale of kitchen appliances and cabinets to specialty accessory
kitchen items. Depending on the emphasis this use would be most
appropriate in either the SCI zone or the CC and C1 zones. Staff
does not see a kitchen supply store serving the daily or frequent
trade of the neighborhood.
4. Optical lab (CC, C1, 0)
No explanation is offered in the application as to the nature of
an optical lab. Medical offices are permitted in the CC, Cl and
o zone districts, which seems appropriate for an optical lab.
Staff does not see an optical lab as appropriate in the NC zone.
5. Office supply (CC, C1)
Office supply may be an appropriate convenience use in this area.
6. Lighting store (SCI)
A lighting store would be a construction related or specialty type
store. Staff does not believe it meets the purpose of the NC zone.
7. Photo/framing store (CC, Cl, SCI)
Photo and framing stores have been interpreted to be included in
almost all commercial zone districts. Their scope of business
varies quite significantly from high end stores like the Hill
Gallery to more general photo and framing like Fox Photo.
Depending on the nature of the business this may be an appropriate
use in this area. Staff recommends that this be a conditional use.
8. Furniture store (CC, C1)
Furniture stores vary in their orientation to customers. Depending
on the type of business this may be an appropriate use in this
zone. Staff recommends this be a conditional use.
9. Auto parts shop (SCI)
Cap's Auto Supply is located in the Office zone district across the
street from the Trueman center. It is a non-conforming use in the
o zone, but it is a local serving business. An auto parts shop
would be an appropriate use in the NC zone.
10. Children/toy store (CC, Cl)
3
"....
\,.,...
,.....
-
Although mostly geared to the commercial core area, a children
store or toy store could be oriented to serving the local
population. Again, depending on the orientation of the particular
business, it mayor may not be appropriate in the NC zone. Staff
recommends that a children/toy store be a conditional use.
11. Bookstore (CC, C1)
Bookstores are also a conditional use in the 0 zone in historic
landmarks. The grocery store carries some magazines and books of
interest to their customers. Depending on the orientation and type
of bookstore it may be appropriate in the NC zone. Staff
recommends that this be a conditional use.
12. Gift and card shop (CC)
Staff does not believe a gift shop is appropriate in the NC zone
district. The combination pharmacy, card shop, beauty shop, gift
shop of The Drug Store provided a variety of uses that were
oriented to the local neighborhood. A gift and card section of a
larger local oriented store would be appropriate.
13. Take-out food shop (CC)
A food market is a permitted use in the NC zone. The definition
of a food market is "... a store which primarily seIls packaged,
bulk and fresh foods, which may have indoor seating up to ten
seats, and no wait service." staff believes this definition
provides for the type of food service that's appropriate for the
NC zone. An emphasis of the NC zone is to reduce traffic trips,
therefore staff does not believe a take-out food shop (i.e. fast
food) would be consistent with the purpose of the NC zone.
14. Florist (CC, C1)
A florist would be a use consistent with the purpose of the NC
zone. Staff recommends that this be a permitted use.
15. Lock shop (SCI)
Staff believes this would be an appropriate
district, and could be permitted by right.
there is a lock shop in the Trueman center at
use in the NC zone
It should be noted
this time.
16. Sporting goods store (CC)
Although Aspen's local population is oriented to outdoor and
sporting activities, this use would be extremely difficult to
enforce in an NC zone district. Staff believes this use is most
appropriate in the main commercial zone districts of town.
4
,-..
\.,.,
"""'I
'-'
17. Appliance store (CC, Cll
An appliance store is most appropriately located in the SCl zone
district, however it does generally serve the local population.
staff recommends that an appliance be a conditional use as the
orientation of such business can vary significantly.
18. Pet store (CC, Cl)
Generally it is the local population that would patronize a pet
store. staff believes this would be consistent with the NC zone
if it was subject to a conditional use review.
19. Clothing and shoe store (CC, Cl)
Although clothing and shoe apparel is needed by the local
population as well as visitors, staff does not believe a clothing
or shoe store is appropriate in the NC zone, as they are permitted
in the other commercial zones in town.
20. Audio/Video/computer/Communications store (CC, Cl, SCl)
video rental, and T.V. service and repair are permitted uses in the
NC zone. Staff believes that this use represents an updating in
the land use code in recognizing the need for more electronic
communications oriented uses. Due to the wide range of the type
of business that would fall into this category, staff believes this
is should be a conditional use in the NC zone.
21. Bed, bath and linen store (CC, Cl)
Staff believes this would be too specialty oriented and not a use
that would be frequented by the local population on a recurring
basis.
22. Arts and crafts (CC, C1, SCl)
A use such as Aspen Art Supply may be appropriate in this location.
There are other arts and crafts related businesses that staff does
not believe would be appropriate. Depending on the orientation of
the business staff recommends that this use be a conditional use
in the zone.
23. All current conditional uses would be considered
permitted uses.
The current conditional uses of the NC zone district are: service
station, laundromat, garden shop, hardware store, paint and
wallpaper store, carpet, flooring and drapery shop, business and
professional office, free market dwelling units which are accessory
to other permitted uses, home occupation, and satellite dish
antennae.
5
r-
--
'~
staff believes that the following existing conditional uses should
be permitted by right: laundromat, garden shop, hardware store, and
paint and wallpaper store. (Satellite dishes have been eliminated
from the code as a conditional use in all zone districts).
The remaining uses should be maintained as conditional uses as they
be have an orientation or impacts that should be reviewed in the
public hearing context of a conditional use review.
Finally, staff believes that a catalog store would be an
appropriate use in the NC zone and recommends that this be added
to the permitted use in the Trueman SPA.
Specially Planned Area criteria: The following review standards
are set forth in section 24-7-804(B) of the Aspen Municipal Code:
1. Whether the proposed development is compatible with
or enhances the mix of development in the immediate
vicinity of the parcel in terms of land use,
density, height, bulk, architecture, landscaping,
and open space.
Response: The proposed SPA amendment will expand the range of
commercial uses permitted in the Trueman SPA. No increase in
square footage is proposed. Staff has made comments on each of the
23 proposed uses in the preceding section.
2. Whether sufficient public facilities and roads exist
to service the proposed development.
Response: The City Engineer submitted comments on the Pitkin
County Bank satellite branch office conditional use application.
These referral comments identified a need for a sidewalk to be
constructed on the south side of Puppy smith Street. The Planning
Office and Planning commission did not believe the construction of
a sidewalk was appropriate for mitigation in the bank's conditional
use application, however staff would like to reconsider this
requirement with this SPA amendment. Although the applicant is not
increasing the square footage of the structure, the proposed
increase in types of commercial uses at the shopping center warrant
the installation of a sidewalk on the parcel. Individual
conditional use reviews may not necessitate a sidewalk but these
code amendments should be viewed as a more significant change to
the SPA.
3. Whether the parcel proposed for development is
generally suitable for development, considering the
slope, ground instability and the possibility of
mud flow, rock falls, avalanche dangers and flood
hazards.
6
"""
v
""
-
Response: This provision does not apply for the proposed use
amendment.
4. Whether the proposed development creatively employs
land planning techniques to preserve significant
view planes, avoid adverse environmental impacts
and provide open space, trails and similar amenities
for the users of the project and the public at
large.
Response: The applicant is only asking for
commercial uses allowed by right in the SPA. No
are proposed as no new development is proposed.
an increase in
public amenities
S. Whether the proposed development is in compliance
with the Aspen Area community Plan.
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 providing daily and frequent neighborhood services and
the reduction of traffic. Staff has closely reviewed the proposed
list of uses and has made comments relative to their
appropriateness in the NC zone district, as recommended by the
AACP.
6. Whether the proposed development will require the
expenditure of excessive public funds to provide
public facilities for the parcel, or the surrounding
neighborhood.
Response: The City has been working on improvements to Puppy smith
Street and has suggested that the applicant provide a sidewalk
along the south side of this street. Therefore, the proposed
amendment will not require the expenditure of public funds to
provide public facilities.
7. Whether the proposed development on slopes in excess of
twenty percent (20%) meet the slope reduction and density
requirements of section 7-903(B) (2) (b).
Response: No new development is proposed, therefore this provision
does not apply.
8. Whether there are sufficient GMQS allotments for the
proposed development.
Response: The applicant is not seeking to increase the floor area
of the project. The request to add supplementary uses to those
presently allowed does not trigger the need for GMQS allotments.
STAFF RECOMMENDATION: Planning staff recommends partial approval
7
o
-
>....,I
of the applicant's request to expand the permitted uses on Lot 1
of the Trueman SPA. For reasons noted in the memorandum, many of
the uses proposed do not meet the purpose of the underlying NC zone
district. Staff recommends that the following uses be added to the
uses currently permitted by right on Lot 1 of the Trueman SPA:
1. Second hand store
2. Office supply - "0
3. Auto parts store
4. Florist
5 . Lock shop
6. Catalog store
Staff further recommends that the following uses be added as
conditional uses to Lot 1 of the Trueman SPA:
1. Photo/framing shop - "
2. Furniture shop -
3. Children/toy store
4. Bookstore ,. ~
5. Appliance store
6. Pet store
7. Audio/Video/Computer/Communications store
8. Arts and craft store - ,
The following uses are presently conditional uses in the NC zone
district. Staff recommends that these uses become permitted by
right for Lot 1 of the Trueman SPA:
1. Laundromat
2. Garden shop
3. Hardware store
4. Paint and wallpaper store.
The following conditions are recommended for this SPA Amendment:
1. The applicant shall file a new SPA agreement with the City of
Aspen within 180 days from the date of approval by City
Council. Failure on the part of the applicant to record the
final development plan and SPA agreement within a period of
180 days following its approval by city council shall render
the plan invalid.
2. The applicant shall construct a new sidewalk on the north
property boundary of the property adjacent to Puppy smith
Street. The plan for this sidewalk must be reviewed and
approved by the Planning Office and city Engineer. The
sidewalk shall be constructed within 180 days from the date
of approval by City Council.
8
,....
........,
,:)
RECOMMENDED MOTION: "I move to recommend to City Council a use
amendment to the Trueman Lot 1 Final SPA, as recommended in the
Planning Office memorandum dated May 2, 1995."
Exhibits:
"A" - Application Information
"B" - List of Existing NC permitted and conditional uses
Purpose sections of CC, Cl, SCI and 0 zone districts
"C" - Zoning referral comments
9
,
~;fi'
j. ~~'"
~:':. ..~:t
','-""-,-'
, ,':-~~;:':'L:?}~~:._ .. ..: \~r:-;-'~'
.:Truem;;n'''A~pen Company
,300 Puppy Smith
Aspen, _CO 8 1611
..., ~" ,"
:-1-
March 28, 1995
r....
.......,'
Exhibit A
,.
City of Aspen
Planning and zoning Commission
130 South Galena Street
Aspen, CO 81611
Re: Garden Center conditional use and Trueman SPA variance
Dear Commission Members:
Trueman Aspen Company is submitting an application package
to the Planning and Zoning office to seek an approval of a
conditional use in the Neighborhood Commercial zone district
(sec. 5-212) as well as a variance to the Trueman SPA.
The conditional use we are seeking is a "Garden Shop".
Trueman Aspen Company is requesting to use this permit for a
garden center 10cated in the courtyard of the shopping
center.
The variance to the Trueman SPA is intended to allow more
locally oriented uses than are currently permitted under the
N/C zone guidelines (see attached). 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
Tel. #303-925-8603
2. The applicant is Trueman Aspen Company
3. The authorized representative of the applicant is
Philip Bloemsma, Agent and Property Manager.
4. Attached are the following:
a. A disclosure of ownership by way of 1993
real estate tax notice
b. A vicinity map locating the property
c. A description of the proposed uses with an
explanation of how the uses comply with the
standards of the Planning and Zoning office.
Thank you for your consideration in this matter.
121'Y'
Philip Bloemsma, Agent
o
o
Trueman Aspen Company
P.O. Box 5081
Aspen, CO 81611
March 28, 1995
City of Aspen
Planning and Zoning Commission
130 South Galena St.
Aspen, CO 81611
Re: Trueman Center SPA Variance
Dear Commission Members:
The Trueman Center currently lies in the neighborhood
commercial zone district. With this application, Trueman
Aspen Company is seeking a SPA variance to allow the
following uses as permitted uses:
1. Travel Agency
2. Second Hand Store
3. Kitchen Supply Store
4. Optical Lab
5. Office Supply
6. Lighting Store
7. Photo/Framing Store
8. Furniture Store
9. Auto Parts Shop
10. Children/Toy Store
11. Book Store
12. Gift and Card Shop ['
13. ~'.'QRiQR'6 B_1' :S.~"n' -" C'l:lQPf~ ~ou.t '"'\POD '5hct>
14. Florist I
15. Lock Shop
16. Sporting Goods Store
17. Appliance Store
18. Pet Store Store
19. Clothing and Shoe Store
20. AUdio/Video/Computer/Communications Store
21. Bed Bath and Linen Store
22. Arts and Crafts
23. We would also ask that all existing conditional uses
be considered permited uses.
Trueman Aspen Company feels that all of the requested uses
conform with the intent of the zone district and the
original intent of the City Council in designating the
parcel Specially Planned Area.
ilip Bloemsma, Agent
-",.;.
., "-
.-..;.,< ,
i!'~..i
." j..if
Ji.
I., --1
. 'Ii
,.~,.j
Trueman Aspen comp~
300 Puppy Smith
Aspen, CO 81611
......'"
-..1
March 29, 1995
City of Aspen
Planning and Zoning Commission
130 South Galena St.
Aspen, CO 81611
Re: Trueman SPA Variance and Conditional Use response to
review standards.
Dear Commission Members:
Following is a response to the review standards of the P&Z
per attachment 4 of the conditional use and SPA development
application. Trueman Aspen Company feels that the
Conditional Use and SPA Variance are consistent with the
intent of the commission and council. Also the requests
are consistent and compatible with the character of the
immediate vicinity and enhances the mixture of the existing
uses.
The impact will be minimal. There will be virtually no
visual impacts and the proposed uses will require no
additional services or public facilities in order to
operate. The Trueman Center 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 any proposed use.
The Conditional Use and SPA Variance proposed by Trueman
Aspen Company are consistent with all standards and
objectives of the Aspen Area Comprehensive Plan (AACP). In
particular, the AACP suggests that the NC zones permitted
and conditional uses be revised. The uses will be a
convenienc~ to the local community. They will enhance the
objectives of the zone district by serving the needs of the
local who requires convenience and ease with daily errands.
With this in mind, Trueman Aspen Company feels that the
proposed uses are appropriate for the Neighborhood Zone
District. Thank you for your consideration.
~
~
Agent and Property Manager
;:_f:~
:-~if!. ~.
o
:)
EXHIBIT B
The following uses of the Neighborhood Commercial. (NC) zone
district are permitted as of right:
1. Drug store
2. Food market
3. Liquor store
4. Dry cleaning and laundry pick-up station
5. Barber shop
6. Beauty shop
7. Post office branch
8. Record store
9. T.V. sales and service shop
10. Shoe repair shop
11. Video rental and sale shop
12. Accessory residential dwellings restricted to
affordable housing guidelines
13. Accessory buildings and uses
The following uses are permitted as conditional uses in
the Neighborhood Commercial (NC):
1. Service station
2. Laundromat
3 . Garden shop
4. Hardware store
5. Paint and wallpaper store
6. Carpet, flooring and drapery shop
7. Business and professional office
8. Free market dwelling units which are accessory to
other permitted uses
9. Home occupation
10. Satellite dish antennae
The purpose of the cc (Commercial Core) zone district is:
The purpose of the Commercial Core (CC) zone district is
to allow the use of land for retail and service
commercial, recreation and institutional purposes with
customary accessory uses to enhance the business and
service character in the central business core of the
city. Hotel and principal long-term residential uses may
be appropriate as conditional uses, while residential
uses are permitted or may be appropriate as conditional
uses.
The purpose of the Commercial (C1) zone district is:
The purpose of the Commercial (Cl) zone district is to
c
~
provide ror the establishment or commercial uses which
are not primarily oriented towards servinq the tourist
population.
The purpose of the Service/Commercial/Industrial (S/C/I) zone
district is:
The purpose of the service/commercial/Industrial (S/C/I)
zone district is to allow for the use of land for the
preservation or development of limited commercial and
industrial uses which do not require or qenerate hiqh
customer traffic volumes, and to permit customary
accessory uses, including residential dwellinqs.
The purpose of the Office (0) zone district is:
The purpose of the Office (0) zone district is to provide
for the establishment of offices and associated
commercial uses in such a way as to preserve the visual
scale and character of former residential areas that now
are adjacent to commercial and business area, and
commercial uses along Main street and other high volume
thorouqhfares.
l,
c
"""
.....;
EXHIBIT B
The following uses of the Neighborhood Commercial (NC) zone
district are permitted as of right:
1. Drug store
2. Food market
3. Liquor store
4. Dry cleaning and laundry pick-up station
5. Barber shop
6. Beauty shop
7. Post office branch
8. Record store
9. T.V. sales and service shop
10. Shoe repair shop
11. Video rental and sale shop
12. Accessory residential dwellings restricted to
affordable housing guidelines
13. Accessory buildings and uses
The following uses are permitted as conditional uses in
the Neighborhood Commercial (NC):
1. Service station
2. Laundromat
3. Garden shop
4. Hardware store
5. Paint and wallpaper store
6. Carpet, flooring and drapery shop
7. Business and professional office
8. Free market dwelling units which are accessory to
other permitted uses
9. Home occupation
10. Satellite dish antennae
The purpose of the CC (Commercial Core) zone district is:
The purpose of the Commercial Core (CC) zone district is
to allow the use of land for retail and service
commercial, recreation and institutional purposes with
customary accessory uses to enhance the business and
service character in the central business core of the
city. Hotel and principal long-term residential uses may
be appropriate as conditional uses, while residential
uses are permitted or may be appropriate as conditional
uses.
The purpose of the Commercial (Cl) zone district is:
The purpose of the Commercial (Cl) zone district is to
c
o
provide for the establishment of commercial uses which
are not primarily oriented towards serving the tourist
population.
The purpose of the Service/Commercial/lndustrial (S/C/I) zone
district is:
The purpose of the service/Commercial/Industrial (S/C/I)
zone district is to allow for the use of land for the
preservation or development of limited commercial and
industrial uses which do not require or generate high
customer traffic volumes, and to permit customary
accessory uses, including residential dwellings.
The purpose of the Office (0) zone district is:
The purpose of the Office (0) zone district is to provide
for the establishment of offices and associated
commercial uses in such a way as to preserve the visual
scale and character of former residential areas that now
are adjacent to commercial and business area, and
commercial uses along Main street and other high volume
thoroughfares.
June 1, 1995
TO:
FROM:
RE:
c
~
Exhibit C
MEMO
MARY LACKNER ../l
BILLDRUEDING, ZONING OFFICER~
TRUEMAN LOT 1 SPA AMENDMENT
Item #12:
My comments to your memo are:
Item #13:
Item #22:
Item #23
We need a definition of "gift shop."
How much over-the-counter sales of on-site prepared
foods will be permitted in conjunction with
"primary" packaged goods?
Do we need to define "arts and crafts?"
Are business and professional offices to be
considered as current uses? This appears to
conflict with item # 1. Also, there is a difference
between a "laundromat" and a commercia laundry
(drycleaning) which exist at Clark's and also the
SICII zone.
o
~
tt f:
.. .
.""",.,t~
,t;;:j
,
July 21,1995
.,_-;"~~';~;;.);i:.::.
!
.
Mr. Phil Bloemsma
Truman Aspen Company
P.O. Box 5081
Aspen, Colorado 81611
THE CITY OF ASPEN
OFFICE OF THE CITY ENGINEER
Hand Delivered
Re: Puppy Smith Street Sidewalk
Dear Phil:
I am writing in response to your request for a letter concerning the City request that the Truman
Aspen Company install sidewalk on its frontage on Puppy Smith Street from North Mill Stn,et to
the entry driveway to Clark's Market.
Attached is a copy of the Subdivision Agreement for the Truman N~ighborhood Commercial
Project. Please refer to the highlighted paragraphs on pages 3 and 4. As stated therein, the City
can build the sidewalk and be reimbursed by the Truman Aspen Company. This letter
constitutes the sixty (60) day notice stipulated in the agreement. As you and I discussed, it may
be economically preferable for the Truman Aspen Company to construct the sidewalk at its own
expense.
Please let me know your intentions at your earliest convenience. If you elect not to construct the
sidewalk, we will use the current city contractor to perform the work.
For your information, the re-construction of Puppy Smith Street IS out for bid with work
anticipated to commence the day after Labor Day.
If you have any questions, please drop by or call me at 920-5088.
Thank you.
Sincerely,
~~
Chuck Roth, P.E.
Engineering Department
cc: Mary Lackner, Planning Office L95,62
130 SOUTH GALENA STREET. ASPEN, COLORADO 81611 . PIIONE 303.920.5088 . FAX 303.920.5197
\
,
i:
";~
r~.?
Ii.
,.
,,~,,;
,
,/
~ ,.
41\ '_ ..__",-,ft-'
l~,,!'" ~':~,.:.;,:a p'
.~:~.;.:r'~: ;.:'~<t:,_il b
,~lF
,;i/
" i
..')~..
i,
{ ':~
,I'
J,,_ :!.
.,
l
1'.
,l_)
;1/'
II
/1','
If
.il'
.!~
,I
j.:
~ ..
1;\
~ f
I ~
,.
"
'.
c
'~':~'!':;<"}-" --,.o". : ,~:/:"~:f>:-'
'>8~i~t}.r:::tS.~';iJ~i.~:,;;:; - ,",~;~~~~;~,:-
APr! 1
I
I
I
i
i
.Tulj(' Hane
R, 1!177
It'',.:flnl,'d 1121) M.t
1H34G4
327 t'^ct
25
BOO!
SUBDIVIbION
I
IIGREEMENT
FOR
TRUEflllN NEIGIIDORIIOOD cmlMERCIIIL
\
PROJECT
(herl:in.:\ftcr "TNCP")
/
/
,/
I
TillS M~n~E:--1ENT" rn.ld(~ and (>nt~r("d into this
tf.~l.It,
~/-"-
, 1977:, by and between James R~ Trueman,
,
of co1umbuo. Ohio (hCrcinr,rtcr ':Trucmnn"l, n~d The City of
i\!>pC:"'l, ^~pcn. Colorado, a1 munlcl.ptll corporatlon (hcrc1n-
d~lY of
"ftc'r "City").
,
WITd~~S_~!1I :
7!li\T WlIEREi\S, ~ru('man hns !':ubmi tt('d to the Ci tv fo~
.'lprrov"l, '-':7<:'cution "nd Jecordinq .J. Final rLlt of :l tract
n[ ];",,1 01 Lu"trd in the 10Ul:hW0,t one-quorter of Section 7,
'J'rn'm:~hip In South, n,lnqc 8<1 W~st of th~ 6th Principal Hl":'l'i-
di..,n, ci !~y o( ,,,;.w'n, l~itJ.:in County, color,ldn, '...hich trilct
i;; ~:\l'y...:n :11)(1 (l'-'~'.iqnOlt('d on ~,"\id rl,.t ."\,, Lot:" t, 2, J ;ITal
4, tltld 011t P.,rc('l" ,\ ,lnd n, 'l'NCP: and,
':;ll[.:nr-:,\s, tlH' "ubj(~ct prop(~r::'y i" locLlt('(l Hithin
,.111 .\ re.) or lh(' C i t'/ pr(.'~H'n t '.y zorH'u .sr.1\; and,
-"'iIIE1~EM~, th.-' ci ty hns fully con"it]('('cd sa id ~-
di"i"i.nn p:"at:, th0 pr(."('~tty propo!;c-d dClv("1opmC"nt ilnd im-' ,:.;..
pmv"mrnL, of t,nt" 1, 2, ~ .,nJ 4, "nu Out pnrcolo ^ ond n'
I;lwr.-.on, <10(1 thf' rroqu i r(' e:11;" t.o 11(' impo;.0tJ upon them by
r0~!ion of tile ;.~)riividin
th~r<~of: ilnd,
,
/
h"IIERE.\S, under the aut.hori ty of $cction 20-16 (c) of
the Hunicipi11 Code of th City of ^spcn. Colorado, the City" is
0ntitled to aS5urn\1CC>s t i'lt the m<l.tt~r5 hereinafter i'lgrccd
I'
f,\;'.
"'.\
:,,.
;...
r
- ~;
;1"'
I~. eel;"
0\'" .,"."
" i#:.,
.' '.;'i.>.
!
:-_:t:~~'.,J'."
- '.',_.
. ~;\,
'8t:~1
,u::t.
p'~~:, '_"I'c.
:"'~~;!::;';:":'
'~Sh~:~'ln
"
.:~~;;.L~.:
;ce.,-':~i-tr'l
,.:.'
f >.~~:t;I-,-i.' ::11:"
0;" "~,
'm~'~::!.:' o!
:;,'j'-
.": :,'.....:~
t,!\lt;I;.i.~
'.....
. '~~9.~~~~.'~_::':
'l:h,~*'C:"~
. ~:~'~\:~~{:i.;;~
'_~~'i'~J;:~
sc<n~n" :_
:;~':.;;
w,,~_t)r
:~:'!f:
li;;i(t"..
',.~l;
.!:::~'(
ini~h
';M~:~[~.~.t
. . . . f ~ - .
i.i:F~;\~. ',:
- :~l.
tti;!:
"-,\.;;:'
tl~(;:'r.: 1.1
.,:'1.:"
t6:o-':t...;:~:
,.
as:, ',;-e'I:
"'::::
dL~'f.,:il
m.-:.::.\~~ .
coni:tn
,-.::.
. ,.,""
to be !
. . ;.~
T"'U~!tl;ll
'.
.. i>~
c
:>
"07 ..."
e~ ...., fl./;( (.,J
Lo will be f.-:,_tthrully pcr'(~rmed by 't'~u(!ml'ln: and,
\ Wm:l:c:',S, Truo",en is ','!.lling ~" en~er into such
1
t agreement wl t11, t'.nd to p::ovid3 r-;uch ."sourt':.n~~9 to, th';! city.
,
I
I
I
I
NON, l],'m:m~tOnE, in con!\ideratlon or the premises,
the mutual covenants h~rein containe(l, and the approval,
execution and acceptance of the Final Plat of TNCP by the
City for recording, the parties hereto hereby agree a9 follows:
1.
Waterlines. Trueman shall engineer and oon-
'~l' .
struct those water mains, including fire hydrants and ap-
purtenances, as shown on the UTILITY 'MODIFICATION PLAN,
shown as .heet number (4) of his Final Plat. Plans
and specifications for these mains shall be subject to the
approval of the City Engineer prior to construction. The
construction of these mains shall be completed within the
time scheduled for the completion of the proposed develop-
:'.H:-
ment of Lot 1, TNGP.
The ag~eed estimated cost for the construction of
/
these improvements is $42~288.00. Trueman is to be liable
/' -..
for the payment (in an estimated amount of $20,318.00) of
7.
d-
the COdt of relocating the existing eight inch (8") well line
running from the well house to Mill Street, to a point further
south in Lot 1, TNCP, and constructing the eight inch (8")
:r
water line along Puppy Smith Street. The City is to be
liable for the payment of the cost of constructing a twelve
o ct-
inch (12") water line from the intersection of Hallum and
Monarch Streets to Lot 1. For the continuation of this twelve
inch (l2") lie through Lot I to Mill! Street, Trueman shall be
liable for the equivalent cost of an'eight inch (8") line and
the City shall be liable for the difference due to oversizing
~;) uf
In addition, the City will construct
to twelve inch (12").
"~ty is
as well as pay for, the replacement of the existing six inch (6")
distribution main on Mill Street with a new twelve inch (12")
I_,l
main. The City agrees to reimburse Trueman for the cost of
construction he performs on its behalf in periodic installments
to be made monthly based upon a progress report submi~ted by
Trueman and approved by the City Engineer.
-2-
'\
k
'rrt.:.:.:
aft~r c
tllkcn L.
condcrn;'
the "bc
con~tr"
\ the sr'
I
. ~hoWI1
and '~:'I
nppr\)tf:' .
canstro
9chr>:1l.l:
of Lot
0'= thi~..
"t':
tha t hI
ticn o~
or siue-.
abllttiwi
be pror-=:"
gidc~.,a 11:
coven.iJ: 1.:::;
the forn:.'
city sb,l:
,:--.
c
~
.<.l
,( ~ :':'
{~'J
("'~-.t n.~
~rr.! ~.':.. ~ ,\....~t G.
Th~' r:,~.rLt;.:'!?: 7111:.1.:.1.11.y J.c":no",'t-sc.gc t.ha.t the ~~r~~FJol;iJ
agrecll1:,ryt. ~IY 'rru~~-::n ~o ro!'.;!locat.e t!:.~ eight inch (a") ',,.al"?r
line sh.:lll in no .~:.ly constltut~ a wai.,:::!r by Trueman of, and
,I~; :
Truer""m hereby reserves, any right,s he may nO;'1 have or ~1f~re-
,
after obtain again!Jt t!1e Cl t~t for the value of the land
taken by virtue of the installatio~ of said line without
condemnation.
No certificate of occupancy shall be issued until
the above described and referenced water mains have been
constructed or relocated as hereinabove described.
2. Sewer Line. Trueman shall engineer and construct
I
the se'''''er line as she'"," on the UTILITY MODIFICATION PLAN,
shown as sheet numher four (4) of his Final Plat. Plans
and specifications for the line shall be subject to the
approval of the City Engin~er prior to construction. The
construciton of this line shell be completed within the time
scheduled for th(~ complcti':m of the proposed development
"
The agreed estimated cost of the construction
ti",'
of Lot 1, TNCP.
r:"'.h( ..
vf this line is $8,187.00.
3. Future If"1Drovcmcnts: ; North Mill Street
and Puppy Smith Street.
Trueman covenants and agrees to and with the City
,
that he will affirmatively consent to and join in the forma-
,,!l'..!
tion of any street improvement district for North Mill Street
i
or sidewalk improvement district for Puppy Smith Street,
!
abutting all or any part of the TNCP, that may h8reafter
I
be proposed or formed for the construction of street or
sidewalk improvements. Trueman h~reby waives and further
covenants and agrees to waive any; right of protest against
'.'.':( l'.f~
. 1 :.,e
j ~~;1"'1
"1':1...
"nGh (6")
( 1_ __~ ., 1
the formation of any such district. In the event that the
f
City shall elect to construct or install any street improvements
.\: lmlC'1ts
. ,_".) by
-3-
I
\
\
\
,
C -.
-,'
tee: 327 wr. 1.:3
':>n N01 !:h :u.u street or sid'~'4ar';. on Puppy Smith st_reet
lri U:a ri:Jhl'.'J:-':;~Y ;:.l]ut.ting '.:.:;~ -r:-1C!', 'rrur'''':'-~. rl~r~e8, upon
,.,;lxLY (60) tlilY~ .,'r.lttcn nl",~icg, and on ~uch terID!\ as are
muLu.:Llly agreed urcn by 'frucr.l:\n and the citl', to t~imbur~f"
t.he Clty for that portion of U1e actual cost of ~uch imp:r.ova-
mentn, including re~son~blp- engineering :and in~p~ction
charges not to exceed fifteen percent (lS\', which is prop-
I
erly allocable to the TNCP 1n relation to frontage of the
'"
TNCP affected thereby. The proposed improvements may include,
,
but .hall not be limited to, cutting, filling, grading, re-
I
grading, paving, sidewalk, curbs, gutters, and drainage
appurtenances. The City shall have the!right to construct
, I
or install such improvements in phases or increments, e.g.
I
curbs and gutters in one year and sidewalks in a subsequent
year, and Trueman shall reimburse the city for each successive
phase or increment as above set forth.
4. PUppy Smith Street. Trueman shall improve
the entire length of Puppy Smith Street: through Lots 1, 2
and 3, TNCP, with paving, ccrb, and gutter, as shown on sheet
number three (3) of the Final Plat, according to normal city
specifications. Construction drawings and specifications
shall be approved by the City Engineer prior to commencemrnt
of construction. The agreed estimated cost of construction
of this improvement i. $22,164.00.
The City agrc~s to assume snow removal responsi-
/
bilities on PUPBY Smith Street upon execution of this Agreement,
/
and to assume all other road surface maintenance responsibili-
/
ties one {II year from th;-date the City accepts the road
improvements constructed by Trueman.
5.
,
Landscaping. Trueman shall landscape Lot 1,
TNCP, in accordance with the landscaping plans attached a9
sheet number five (S) to the Final Plat. All such landscaping
-4-
........,..-....
,....'"
-.
-
.........
.,--
;>r,,~
......;
\
a
~'-;'d.1 ;H~
u.)i:~ :' -'.
j
j
T>'~ r,s"-
within on,,'
issued 19 s:
5.
cost of Cf')'n-'
dQscribF:!d,
above-de~c:-l
$100, 461. O~.
from thn ilt:r-
performanc~"
mo!!nt!J hnrr- 1:1
Huntington f'
and 'rhe Hllllt.;.
agreement 1':..;1
on Lot 1, r'lr~!
construction ','
construct. i.on 1,
improvements 11
MortgAge CC"lP:J'
constructL", 1
obligations er:'"
financing i:'
The Hunting f L':
guarantee for
which satir;!l""-'
commenccm:1n t ,'.
and his lender
described havr
met as hereinil1"
under the con~..:'+:
estimated, fr'":'n'
struction <Ind
howcv~ r ,
thlt
, '0
t~.,,)
~Jp ~n
{11': I ~ld('.
!'~-
'.'Jct
,"T.
'-1'1 'nL
.:~ l V,..
F.:."",'
,
...!lC....t
11. city
Lt, ~ , '!
:n(;, ~'Jnt
.", ion
r';_1['.~~ ,1._
.;_~.; i\qrccment,
r,,'sibLll-
d
;,,~. t: 1,
,,~ as
tl TJsc'lping
---.-...,
,
c
shall be co:nplete':
o later than!one (I) year
"'"'.,
. 'wi. I m,
, '..'.... I...
from the
j~'...
date a certificate of Oocul?1.ncy is issuC'd for the project to
be constructed on Lot 1, ~xcept thnt landscaping which shall be
completed ;.Jeter Lh," con~truction 'of b,;provements on North Mill
SLrt,,-!t b1' t.J~'~ City O~ i~3 r.ot<l.in~~ hnG b~~n complnti:<, .-:>11 .'"
-.;.
forth sp.,ci.Elcnlly on ~h~~t numb~r f.i.ve (~) of the ?li,..-'l !\,~. ":.
The agreed estinln.ted eo~t of such lzo.ndsc.!lping to be complet':-1
within one (1) )'r"Ilr Crom the d.(ltE! a e~rtific:lte of occupancy j3
issued is $7,000.00.
6. Escrow Arranqcm"nt. It is estimated that t:~e aggregate
cost of constructing and installing all of the improvements herein
described, exclu~ive of landscaping to be completed after the
above-described North Mill Street improvements, will not excp.ed
SlOO,46l,n6. Tru~man has received a construciton loan commitment
,
from the Huntington Not'tgage Company and in order to secure the
,
performance of the construction and installation of the improve-
ments herein .'lgreed to by Truemanl and the City, Trueman and The
Huntington Hortgage Company hereby agree that at the time Trueman
ann The Huntington Mortgage Company enter into a construction loan
aqrCf"ment for the construction of the iTT'l!,rovements to be construct"d
on Lot 1, funds in the amount of the aforesaid estilTlatcd costs of
construction will be specifically allocated and set aside in the
construction loan for use in construction and installation of the
improvements herein described. If Trueman and the Huntington
Mortgage Company do not consummate the loan contemplated by the
construction loan commitment, the Huntington Mortgage company's
obligations contained herein shall be null and void. If construction
financing is obtained through any financial institution other than
The Huntington Mortgage Company, Truem~n agrees to obtain a similar
guarantee for the construction and installation of the improve~nts
which satisfies the requirements of this Section 6 prior to
commencement of construction. By ~igning this Agreement, Trueman
I
and his lender agree that so long as any of the improvements herein
described have not been completed I or the conditions have not been
i
met as hereinabove provided, there shall be withheld from disbursement
under the construction loan agreement so much of said funds as is
estimated, from time to time, to be necessary to complete the con-
I
struction and installation of said improvements. In the event,
however,
that any----------------+-------------------------------
~,.'_. "
.___::5..::_......_
T.
-~
,.- ~..
tl'lCii"
pr--
(lc "
.:1!1r
to
rr'~
Er,-.; .
am~
.1t'!l~
St~ ..'
cC'rr;
the
daY"
r~qtl.
tI'l.U~'
h"s 1
of S;'J
ray''''
to !~
all
ne,'";("'.'
ing~. ---
dlsb"
sb.tJ '
acc' ..
En9'i.l' .
.
~-
'''0' 2r)
. \"1~ I~qate
:j h(~rcin
,.';(>
-'''-'''',1
;.;',"Ptt
" t! lc~
. :JVr:-
]10
l,~' -If _, n
,
'~ lrJclll
. ,'t.: r" ~~t('il
.1., of
i. .!1('
the
'If',1
-' '/ ; - ~ 1 ('
')1",'/ 1 ~
c'~,~'~ truction
r than
.3 '.:irrilar
'fr'rn'~nts
t.,:
""
:;',In
t~; herein
'\'..~l bl~en
"I. \..; ~',b\lrsemcnt
a" 1:,
'!1'~ CDn-
,.- '1 t,
C .,:K '- ~":>.
portion or the work and imprOVI?Mcnt:1 h.we not br;-.en insl-.u.l1ed
,1ccQ\:Jlng to the conditiono-: cont.'lincd herein, then, and in
that e:vent, th~ C.l.ty ma.y h,')ve !Jur-:':1 remaining work and irr.prove-
li' at.S completed by $lJ'".~h me;1ns and in such ma.nner; by con~' :""\t'!t
with or hd !l;ou:1~' p'JL:'ic L~".t5.ng, nr otI1C!:'.d:l~, as 11.:. rc:.~~' <.,-:~;;'
advisable, :tnd Trucm~n and 11.:5 1""nd0t", by ~i';l'ntnq thl!l -".g=~('-
ment, agre~ to disburse funds La th~ City frcm the con:t~~ctlc~
loan to n'!imburse the City for its costs incurred in c':)tr.:-:latl:1C'
'! .'
said work and improvernent~; provided, however, that in no event
shall Trueman ~nd his lender be obligated to pay to the City
more than the aggregate sum of $100,461.00, less those amounts
previously paid and approved by the City, by reason of the
default of Trueman in performance of the te~s, conditions
and covenants h~rein contain~d. From time ~o time as ~ork
"
to be performed and improvements to be constructed hereunder
progresses, Trueman may request in writing lhat the City
Engineer inspect such work and improvements as are completed,
and may submit to the City the costi of such completed'work
and improvements. When the City Engineer is satisfied thut
such work and improvements as are r~quired by Trueman to be
completed, have in fact been completed in accordance with
the terms hereof, and, in no event ~ater than twenty (20)
days from the submission by Truemanl to the City of such
I
request for inspection by the City Engineer, the City Engineer
must submit to Trueman and his lender his statement that he
has no objection to the release by Trueman and his lender
of so much of the construction loan: proceeds allocated for
payment of said completed work, or detailing his objections
to release of all or part of the con3truction loan proceeds
allocated for payment of said co~pleted work, as are thought
necessary to pay the cost of work performed and improvements
installed pursuant to the terms of this Agreement. All funds
disbursed from the construction loan in accordance herewith
shall be subject to a ten percent (10%) retainage until final
acceptance of the project improvements. Should the City
.
/
Engineer fail to submit his statement in a timely fashion as
/
/
/'
,
-6-
------... -~._._---.......-.....~
f'".,.~
~ ~. "
~-,-""._,-,..
c ,..~~;.o;"
hr:r.einaboVf~ pr('v1tkd, thp.n Trucma~ n.'ld his lcntl~r s:hall 11, ,.-"!
".he right to d,;"'Jur5e [rom the ccmzt L'uJllon In.," proccp.t1.~ sl-
lCf:ated for prtyn'l.l~nt of f,~id cOO1pleb'd work Curds necf'!lsary
to r.'!'!y ~:;"! id co:' t~ [C'tt'th"" 1. th. Tnn p: "';durr~ for' C(I!l'!!J l~tlon
,)( inipro\l'err.;",","" ,:,~'J, ~"'c;=~~ by th.~ cl::-.y ;1j~1 =~il;"~'!:Jl",::~m(!:nt of
,
::.:u:. Cl ~i' lll" l. -.:': '-.'1' r.ttF:m~:n ;I,no 111::\ l'''ndt?r~ill'lll nppty
l,';"d:hcr thE!r!! "'_~ ~','~l! (I.t' more da!..,ults, 'or'" :":':UCC'2SB:ion of
dnfaults on th~ p:ll!:'t. of 'l'ruprn.:t.n 1n performing the te.rt"!.~,
ronditi~n5 and covenants contained in this Agreement.
,
Dy reason of the above created ~rrangement,
Trueman is in no way relieved of any obliqations to mak~ the
improvements above provided for, nor is' the city obligated
to assume the rc~ponsibility for these improvements by
acceptance of this arrangement.
7. Obliqation to Conform to L~W9. Notwithstanding
anything contain~d herein to the contrary, Trueman, in
developing the proper~y contained within the said Plat, and
the other impro11em~nts as herein described, shall fully
comply with all applicable rules, regulations, standards and
laws of the City, and ether governMental ag~ncies and bodips
/
having jurisdi9~ion: these shall include, but not be limited
to, the provl!Jio:1s of Sect.ion 24 of the Aspen Municipal Code,
,
regarding Planned United Development.
8.
Dedication Payroe~ts. Truemen and the City
mutually agree that the sum of $'0,000.00 represents six
percent (6%) of the current fair market value of Lots 1,
2, 3 and 4, anu out Parcels A and B, TNCP, and that such
amount shall be paid by Tru~rnan to the City in the following
manner: the sum of $90,000.00 in the form of a promissory
note in the form attached a3 Exhibit "A,. payable at the time
,
a certificate of occupancy is issued f~r the project to be
developed on Lot 1, or on June 1, 1978, whichever first
occurs. PROVIDED, however, that the six percent (6\) dedi-
cation sum referred to herein, and the amount of the promis-
sory no.te form attached as Exhibit "A" shall be adjusted to
-7-
--. ......
1"',' ~
..-----.
"'"
,
-
c-:.'-"
t"l' .
~:a
that:. C"
elate.! c."
Exhib.l "
t'fot"l!'!-~'- ,
I
I
,
.
I
I
i
i
I
!
in lif'1l
nection
mutun ll}
Cl t:y t'lhM"i.
t
t!xJ.!Jt~nt
interr~ :.:.
until ".,,-
bl')~n ee"
Final 1~1...,
men t fot'
way hell1 .1.
the PH,I"
favor of tl, "
the Flnal
Strl!ct. .!H':-O
the FinH 1
and right-'
Trueman, i
ment (s) wile.
record.
-------.
....~~-.......'--
'\:1,11'
\ t.-
III
.!
. d i ~l""
1,1
.. ,~; !
,"
"
..
J,:;-"i"
,,',-'.1-
l t.U
.<.
.",.....,..""
c
:>
Plt.;'c.....
~ -.
(.,.",
.. '--...
."..~
eompl~f with S~ction 20-10(1.1) (6) of th".! Asp"'" Municipal code
(wIth.l ."'~;;". to ::Li;:--':': r 'sl~.;nti,...l ,1m! CC-~-~ -'reial G.r'-'~'''': ".':'-
m~nt:. (h:,J:"~'~_ll :,.,,: .-ucb '~djt,~.t;.;:"t'~nt r1hi'dJ. :-".~ made u?c., r~""l_
m~nCl':!rnl~n,~ of eon~'l~,-:'Jcflon of ':h~ prnpn':1r;',(! 10 ,000 gqu".::-'~ lBltt
of re!1ir.:!er.tl<tl dc.v'!lcpm0nt to be initlat:.t!d in the second
phase of dpvclopm~nt of the TNCP, and ~h1l11 be ba!led on
the value per square foot ($5.00) of the TNCP set forth in
that certain mrmorandum to nill Kane from Mick Mahon~y,
dated Octohnr 14, 1976, and a.ttached hereto in copy form as
Exhibit "0." Tru"man and the Cit~ further agree that th"
aforoRaid sun constitutes the sole llnd only cash (or land
i~ li"u thereof) dedication which will be required in con-
nection with ~he subdividing of the within lots, TNCP.
9. VAcation of Eas~ments. The city and Truem~n
mutually aqrne that the acceptance of the Final Plat by the
City shnll not be deemed to constitute a vacation of the
existent water and sewer eagements within the TNCP, and no
intcr~~t in the sam~ shall be deemed wniv~d or conveyed
until ~uch time a~ all water and sewer improvements have
bepn completed as shown on sheet number four (4) of the
Final Plat. It ls, however, mutually agreed that the ease-
ment for the Puppy Smith Street (Rio Grande Drive) right-of-
way hel<l by the City a"d recorded ,in Book 180 at Yage 182 of
i
the Pitkin County Records, shall be vacated by the City in
i
favor of the Puppy Smith Street r!ght-of-way dedicated in
I
the Final ~lnt, TNCP, when the improvements for Puppy Smith
i
Street arc completed aB shown on 9heet number three ()) of
,
the Final Plat. Such v~cation and waiver of this easement
and right-of-way shall be made in :a manner satisfactory to
Trueman, including the execution by the City of any instru-
ment(s) which Trueman may deem ne~es9ary to place of public
record.
-8-
"'"
,
t!;"
ri
by '-~":
The ~;-:'
18 $::'.
strl1ct '
gas, nL
Final j'
HCL"'"l'Jl)
vlnf'..dl,
d,,,te 0'-
!IIpf'.....L~ I.
the C! '.,<
Thl'! .1.':1"
is $2' I
shall r'
in tht 1
tlnd pI
sholl '.~'
su,bj~ct
agrf'~S "
right-.,,:C
Coun t.y ~"
road t:' t~"
_______'_.-_ _u
,. ~~r'~--"-. ~,
\!1
;-,,'
1'1'1
. ..~~ f-
':). of
;n
;t.
il:1
,r
t':)
:1-
'.'1i',,:
1""
,,:r.,l
:I',~ ...'"
o
n
0::.
:'1>0'::
.......".
10. Or_'1inarvl' Irrr:~':)v~men!:~_. Trueman shall ClJnst!:l.1Ct
those drain1l9~ improvem('~nts sho...rn on sheets numbered fOl:r (4)
:'it,d five '-:~ ~f l!le r;ilal Plat'.,
,.1 ,h"!"HT; b~d in the De':-~-
ocr, 1976, ..~:lht-Mc' 'lugh1!n prcJ.Lrdlli1.ry -:In(,lln(~erlnCJ util1-
tie" l'eporl (;_''<-> revi''''d), which impn"'.~ment.s ~hllll be r:o."pl.~t'!:d
p_~ior to the d.'1tc of lssuancc of a C:urti!icate of occupancy.
t
;/1
'/'
l
,
Plans ~nd ~p~cificationg for the imnrov~mcnts ghall be arprov~d
by the City Engineer prior to commencement of construction.
i
The agreed e~timated cost of constructing th~se improvem~nts
is $21.062.00.
11.
T I
...mprovemcnts.
,
Trueman shall con-
other Utili ty
struct those other utility Improvem~nts (power, telephone,
i
gas, and cable TV) as sh~'n on sheet number four (4l of the
Final Plat, and described in the December, 1976, Wright-
McLaughlin preliminary engineering utilities report (as re-
vised), which improvements shall be completed prior to the
date of is~unnce of a certificate of occupancy. Plans and
specifications for the improvements shall be approved by
the city Engineer prior to corrmencemcnt of construc~ion.
The agreed e~timated cost of constructing these improvements
is $21. 730.00
12. As-Built plans and Warranty. Before the City
shall finally accept any easements or improvements enumerated
in this Agreement, Trueman shall submit as-built surveys
and plans to th~ City Engineer. All public improvements
~
shall be conveyed to the city or the respective utility
/
subjcct~to done (1) year warranty against defectg or failure.
,
13. vacation of Water Riqht-oi-Way. The City
agrees to v~cate and waive its pres~ntly exi9ting water
right-of-way recorded in Book 241 at Page 887 of the Pitkin
county Records, and located a1~nq the old Rio Grande Rail-
road right-of-way through the TNCP. Such vacation and waiver
-9-
.~.~
-
,
---....~.._-_._---_.,.-'-
.
c
,,...- : O'1'1t
9h~11 be in a m.1nnt~r ~l'tJ"' t'".1ct'Jrr '":0 Truf'JI"',lIp, incluuiug thf!
('!xecutlon L:,' the Citl-. of any instJ::u~cnt(~) which Tr'l("~~l'n
m~y d'~('m !'I-?c:~~~~.~ty t pL'c~ 0'" 'Public r~cnrd.
1.1. c~__~.-':_~~...~:.::...... ~.~S2:3.~< l'u;'".'__
In the P.VNlt thiQ Cl ~S nlleM! ."'uy lnndC'",n,..;: other ';~1.~!\ I. ...~.-
owning lots <41tll.!.n tl1~ 'I'~!c!' to el'~ncct to Puppy S:lLL;l :;..;==~",':-
for the purpose of acCe.!lB to their prep.prty, the city ~~reef~
to reimburse Tru"';n<1n Ear: :\ pro{mrtlonato !hare of t.!le Goa:t
of con!lltruction of Puppy Smith Strf'!et, AS set forth 1n para.-
graph four (4) above, within .ixty (60) da\'. of the date of
"
installation of the curb cut. The city'g proportionnte 8har~
/
shall be/lnthe same ratio to the total co~t as the ratio be-
/ ~
tween the connectlng~lnn~ownecls front3qe and the total front-
age of Puppy Smith Street. The tot,l front,ge of Puppy Smith
Street i. agreed to be 1097.61 feet, The aetual co.t of con-
struction of Puppy smith SLreet shall be 91Jbstanti<1ted by
appropriate docu~cnts upon co~pletion of improvements.
15. Scheduling of proiect.. The City and Trueman
agree to coordin~tc scheduling of con9tructlon of utility
and road improvements to mutually benefit the interests
of both pZ'.:.:tles. Improvements agS11med by Trueman by this
,
Agreement which must be completed within a designated per-
iod of time, must be completed within such time. Whenever,
'1 in the ~greement or Final Plat, Trueman has as.umed the con-
struction of any improvements, but has not specified a time
for completion, all such improvements m~st be finished within
and labor: (bl the need for the
by (al availability of materials
.. '-
improvements by area residents,
a reasonab~c time as determined
and the public in general, if the public need is generated by
I
the TNCP or any major government~l improvements in the area,
. '
(el the antic~pated sequence of ~nstallation of utilities by
Trueman or the City~ and, (dl other relevant factors. To this
end, it is contemplated that both Trueman and the City will .eek
,
i
-10- i
i
\
\
-
-_.--,._-----~-~_.._- -_.------~---'~.~~_._-'_..
._~~,,---=,=~=-...........~---,-----.--~_.-
. ,-,
c
:>
. .
t'"'("I........
e("'t~ ";":::' r~t
to ~uht; t.:1.,\tlL\lly comply wHJt the rp-cof!llT1~rulation3 ~e'.: f.orth
in tk. '.I'.~ht-Ik!-,.1L~'Jhl1l1 r~,"l.:~'.l.-llt;,ry (!ngirl(!f":r-1_lIg ~c~.ol'"t. (,
. .
rcvLl. ;}. t.~,:'.t~d n3Cc::-.'~,;.~r 1.":~} j. (' J
16. ~~.:.~t~nce of rl'at. Upon ~xecullon o~ th,t:"'
}\qr~f!r''''~~~ ~\y all p~rti~9 hereto;, t.'tc City agree;! to appro."~--,
,
llnd P.~~cuto tht.! r'ln-,l Pl"t of TNCP' and accept the s...-:-'~ fo::
recording in th~ real prop@rty records of Pitkin C~lnty,
color~do, upon pnyment of recordinglfces and costs by Trueman.
TillS lIGREEME~IT shall be binding upon the parties
hereto, their respective Bucce~sor9 and assiqns.
,
"
SUBDI'lIDER:
!
J~ R. Ruem~ --
CITY:
;ATTES',: t
l:;Pb .,' \ .~
City Clt'~
.'
Where applicable to the undersigned, the terms,
,
conditions and covenants hereinabove set forth are hereby
read, c(}neented to and approved' by T:"te Huntington fla':ional
B.,nk of Columbus (Trueman's lender) this I-/vI' day of
lIpril, 1977.
-:',,/
.
~ /
/ "
/
/
~
/' /-
I
I -1 -
I
1
"
"",,- ~ - ~''f'. -~"...-- -
,..~
111o~.r1" f'
TilE HUNTINGTON ~1=Ar..
BI\!lK-GF-€9WMBUS
By: -K Ij;t~~ j(J~M
c.
. ,.
-,-~--.,~
J!-;:
i ne
'ther
f;
h:
1/
...('lv~ '/
1 be
;';rld
~ing
~L
nch (6")
L!")
, f
It'lC!''1ts
hI'
-~
AcJ ('0] ~ V'\ t
t\JC
Pr<JJ ~t
s: uC\ V lS I Oil
\7ue~'l
o
("'>~',"" n.~"
.;:~ i r:'t t:; I
noc~
The r;;;".rLie!; rrutut.l..lly ac~';novl~dgc that the [urc,;!,olJ,q
agrC(!J\1r;:!nt l~y 'rrU:fm;:c.l1 to. relocate t!1C eight inch (8") "'r'at~r
/" ",,/ I
I ~ .
line shall in no way constitute a ~alver by Trueman of, and.
i ,~'
'l'rUC!Mln hereby reserves, any rights he may noW have or here-
after obtain against the City for Ithe value of the land
taken by virtue of the installation of said line "dthout
condemnation.
,
No certificnte of occupancy shall be issued until
i
the above described and referenced water mains have been
I
constructed or relocated as hereinabove described.
,
2. Sewer Line. Trueman ~hall engineer and construct
the sewer line as shown on the UT~LITY MODIFICATION PLAN,
shown as sheet numher four (4) of his Final Plat. Plans
1
and specifications for the line shall be subject to the
approval of the C~ty Engineer prior to construction. The
construciton of this line shall be completed within the time
scheduled for the completion of the proposed development
of Lot 1, TNCP. The agreed estim~ted cost of the construction ~\
,
0f this line is $8,187.00.
3. Future 1m rovements: North Mill Street
,,/
and Puppy Smith Stree
~
,
Trueman covenants and agre s to and with the City
that he will affirmatively consenk to and join in the forma-
tion of any street improvement diltrict for North Mill Street
or sidewalk improvement district or Puppy Smith Street,
abutting all or any part of the T CP, that may hereafter
be proposed or formed for the conrtruction of street or
sidewalk improvements. Trueman hrrebY waives and further
covenants and agrees to waive any right of protest against
the formation of any such distric~. In the event that the
City shall elect to construct or
!install
1
i
any street improvements
-)-
c
~ i i
.,';-.
I,
I
I'
Ii
s~ d eJ.JJ cJ2 t
Y' ~l.JIc.nx:>V\t
Ii
:,ili
11'11'1
.) !
I"
''1- ~ "', "l"'_'-"". ;'_..."I_.~.~,,:~,\. ''''l''''''''""f--~--'''-'
_w_~~......-~~. _..._.,,'
\
\
\
\
,
-'"f''''''
('"
v
'1
-
~Q
(;.u
, 3 ?7
t,oe c:... rr,n.
c'n NOl !:h Hill street or slde.,'alk on puppy Smith st.reet.
1T; Ule rl:Jhl--o:-'\,~ay ,,'"JUtt.ing t';~ 'r.~,'CP, 'l.'ru(~TI::",n 'nqrseli, \lpOn
sbtLY (GO) clays ~",'r.tttcn n('ltica, and on ~uch terrng as are
mutually agree.d upon by 'rru('t;tn.l1 nnd the city, to t:eimburge
the city for that portion of the actu::Il 'cost of such improve-
I
t;
:/
TNCP affected thereby.
, '
number three (3) of the Final Plat, according to normal city
specifications. Construction drawings :,and specifications
,
shall be approved by the city Engineer 'prior to commencemf"'nt
of construction. The agreed estimated cost of construction
of this improvement is $22,164.00.
The city agrees to assume snoW removal responsi-
/
/
Smith street upon execution of this Agreement,
bilities on puppy
and to assume'~l other road surface maintenance responsibili-
/' ,_/
ties one (1) year from the date the city accepts the road
improvements constructed by Trueman.
5.
Landscaping.
,
Trueman s~all landscape Lot 1,
TNCP, in accordance with the landscaping plans attached as
sheet. number five (5) to the Final Plat. All such landscaping
-4-
'-"'"'-'~~'" '1:;:~,- -::-~"~-)r;
'~,""{.~' ,." , ~
.~.-"-;,..._,,.,-_...--
"'.,
............
,
--~o~.~~..-~".~',' ,~ ,.., '~f.~,~;!!(,~.,.:'~""I'''''
'V';'-,
f:~;rlll he- ('c':
date t' ,..
. i
-,
".
TIn ~q-'
...ithin on"
issued is $,.
6.
cost bf con!:"
doscribed, c
above-descr J ;
$100,461.00.
from tho Hun '~:
performance (:
ment.!I herrdn ;
Huntington f.'r,:
and The HIJI1U.l"
agreement fU1
on Lot 1, f1.1m"
construction '~1
constructlon If
improvements h
, ,
HortgAge CO!llpn'
constructl:l1l I"
obligations C(\:,'
f inancing i:~ (.
The Hunting' U:',
guarantee for
I
\ which satisfit!~
commenc~ment (I
t. 'and his lender
I descr ibed have,
met as hereinab:
under the con:,t~'\1 1 j,
estimated, frOll' t tc
struction and ;, ','
however, thilt t_:';" ,
c
o
MEMORANDUM
TO:
Planning and Zoning Commission
FROM:
Mary Lackner, Planner
RE:
Trueman Lot 1 SPA Amendment - PUblic Hearing
DATE:
June 6, 1995
=================================================================
SUMMARY:
permitted
in the NC
The applicant is seeking City approval to vary the uses
on Lot 1 of the Trueman Subdivision SPA which is located
(Neighborhood commercial) zone district.
APPLICANT:
Trueman Aspen Company, represented by Philip Bloemsma.
LOCATION:
Lot 1, Trueman Subdivision.
ZONING: NC - Neighborhood Commercial zone district.
APPLICANT'S REQUEST: The applicant is requesting an SPA use
amendment to allow more locally oriented uses than are presently
permitted in the NC zone district.
Please refer to application information, Exhibit "A".
PROCESS: This project is being reviewed through the Final SPA
review process, since the addition generally complies with the
Conceptual SPA plan that was approved in 1977, as permitted by
section 24-7-804(E) (2) of the Aspen Municipal Code.
The Planning Commission shall forward a recommendation to city
Council for the proposed SPA amendment.
STAFF COMMENTS: Section 24-7-804 (D) (2), Specially Planned Area
regulations of the Municipal Code, permits use variations from the
underlying zone district if the variations comply with the
standards of Section 7-804(B) of the Code.
The purpose of the NC zone district follows:
The purpose of the Neighborhood Commercial (NC) zone
district is to allow small convenience retail
establishments as part of a neighborhood, that are
designated 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 applicant is seeking to add the following uses as permitted
uses in the Trueman SPA.
t"'"
---
~
\'-,./
1. Travel agency
2. Second hand store
3. Kitchen supply store
4. Optical lab
5. Office supply
6. Lighting store
7. Photo/framing store
8. Furniture store
9. Auto parts shop
10. Children/toy store
11. Bookstore
12. Gift and card shop
13. Take-out food shop
14. Florist
15. Lock shop
16. Sporting goods store
17. Appliance store
18. Pet Store
19. Clothing and shoe store
20. Audio/Video/Computer/Communications store
21. Bed, bath and linen store
22. Arts and crafts
23. All current conditional uses would be considered
permitted uses.
To help the Planning commission understand the nature of the
applicant I S request, the existing permitted by right and
conditional uses of the NC zone district are included in Exhibit
"B". Staff has also included the purpose of the CC, Cl, SCI and
o zone in this exhibit to assist the Planning commission in their
decision.
staff believes the applicant I s request could have substantial
implications on the Trueman SPA. The purpose of the NC zone
district should be considered when reviewing the nature of the
proposed uses.
The Planning Office has provided the following comments
of the proposed uses to be added to the Trueman
parenthesis are the zone districts in which these
currently allowed by right.
about
SPA.
uses
each
In
are
1. Travel agency (CC, Cl, 0)
A travel agency is considered a professional office. These uses
are permitted in the three primary commercial zone districts in
Aspen. Staff does not support increasing the ability of this type
of professional office to be extended into the NC zone district.
2. Second hand store (CC, C1)
Second hand stores are popular retail establishments that serve a
2
',c':.:
-. ~ --_. -~-.__.__':"'--.~
c
o
niche that regular retail does
that can be narrowly defined.
permitted in the NC zone.
not provide. This is a retail use
staff recommends this as a use
3. Kitchen supply store (SCI)
A kitchen supply store can mean many different things, from the
sale of kitchen appliances and cabinets to specialty accessory
kitchen items. Depending on the emphasis this use would be most
appropriate in either the SCI zone or the CC and Cl zones. Staff
does not see a kitchen supply store serving the daily or frequent
trade of the neighborhood.
4. optical lab (CC, Cl, 0)
No explanation is offered in the application as to the nature of
an optical lab. Medical offices are permitted in the CC, Cl and
o zone districts, which seems appropriate for an optical lab.
Staff does not see an optical lab as appropriate in the NC zone.
5. Office supply (CC, Cl)
Office supply may be an appropriate convenience use in this area.
6. Lighting store (SCI)
A lighting store would be a construction related or specialty type
store. staff does not believe it meets the purpose of the NC zone.
7. Photo/framing store (CC, Cl, SCI)
Photo and framing stores have been interpreted to be included in
almost all commercial zone districts. Their scope of business
varies quite significantly from high end stores like the Hill
Gallery to more general photo and framing like Fox Photo.
Depending on the nature of the business this may be an appropriate
use in this area. staff recommends that this be a conditional use.
8. Furniture store (CC, Cl)
Furni ture stores vary in their or ientation to customers. Depending
on the type of business this may be an appropriate use in this
zone. staff recommends this be a conditional use.
9. Auto parts shop (SCl)
Cap's Auto Supply is located in the Office zone district across the
street from the Trueman center. It is a non-conforming use in the
o zone, but it is a local serving business. An auto parts shop
would be an appropriate use in the NC zone.
10. Children/toy store (CC, Cl)
3
c
r'\
,.....l
Although mostly geared to the commercial core area, a children
store or toy store could be oriented to serving the local
population. Again, depending on the orientation of the particular
business, it mayor may not be appropriate in the NC zone. staff
recommends that a children/toy store be a conditional use.
11. Bookstore (CC, Cl)
Bookstores are also a conditional use in the 0 zone in historic
landmarks. The grocery store carries some magazines and books of
interest to their customers. Depending on the orientation and type
of bookstore it may be appropriate in the NC zone. Staff
recommends that this be a conditional use.
12. Gift and card shop (CC)
Staff does not believe a gift shop is appropriate in the NC zone
district. The combination pharmacy, card shop, beauty shop, gift
shop of The Drug Store provided a variety of uses that were
oriented to the local neighborhood. A gift and card section of a
larger local oriented store would be appropriate.
13. Take-out food shop (CC)
A food market is a permitted use in the NC zone. The definition
of a food market is "... a store which primarily sells packaged,
bulk and fresh foods, which may have indoor seating up to ten
seats, and no wait service. II staff believes this def ini tion
provides for the type of food service that's appropriate for the
NC zone. An emphasis of the NC zone is to reduce traffic trips,
therefore staff does not believe a take-out food shop (i.e. fast
food) would be consistent with the purpose of the NC zone.
14. Florist (CC, Cl)
A florist would be a use consistent with the purpose of the NC
zone. Staff recommends that this be a permitted use.
15. Lock shop (SCI)
staff believes this would be an appropriate
district, and could be permitted by right.
there is a lock shop in the Trueman center at
use in the NC zone
It should be noted
this time.
16. Sporting goods store (CC)
Although Aspen's local population is oriented to outdoor and
sporting activities, this use would be extremely difficult to
enforce in an NC zone district. Staff believes this use is most
appropriate in the main commercial zone districts of town.
4
.-,:_.*':',".~_..._---"
c
~
17. Appliance store (CC, Cl)
An appliance store is most appropriately located in the SCI zone
district, however it does generally serve the local population.
Staff recommends that an appliance be a conditional use as the
orientation of such business can vary significantly.
18. Pet Store (CC, C1)
Generally it is the local population that would patronize a pet
store. staff believes this would be consistent with the NC zone
if it was subject to a conditional use review.
19. Clothing and shoe store (CC, C1)
Although clothing and shoe apparel is needed by the local
population as well as visitors, staff does not believe a clothing
or shoe store is appropriate in the NC zone, as they are permitted
in the other commercial zones in town.
20. AUdio/Video/Computer/Communications store (CC, C1, SCI)
video rental, and T.V. service and repair are permitted uses in the
NC zone. Staff believes that this use represents an updating in
the land use code in recognizing the need for more electronic
cor:unications oriented uses. Due to the wide range of the type
of Dusiness that would fall into this category, staff believes this
is should be a conditional use in the NC zone.
21. Bed, bath and linen store (CC, Cl)
Staff believes this would be too specialty oriented and not a use
that would be frequented by the local population on a recurring
basis.
22. Arts and crafts (CC, Cl, SCI)
A use such as Aspen Art Supply may be appropriate in this location.
There are other arts and crafts related businesses that staff does
not believe would be appropriate. Depending on the orientation of
the business staff recommends that this use be a conditional use
in the zone.
23. All current conditional uses would be considered
permitted uses.
The current conditional uses of the NC zone district are: service
station, laundromat, garden shop, hardware store, paint and
wallpaper store, carpet, flooring and drapery shop, business and
professional office, free market dwelling units which are accessory
to other permitted uses, home occupation, and satellite dish
antennae.
5
'~
f"',
'"-'"
,......
staff believes that the following existing conditional uses should
be permitted by right: laundromat, garden shop, hardware store, and
paint and wallpaper store. (Satellite dishes have been eliminated
from the code as a conditional use in all zone districts) .
The remaining uses should be maintained as conditional uses as they
be have an orientation or impacts that should be reviewed in the
public hearing context of a conditional use review.
Finally, staff believes that a catalog store would be an
appropriate use in the NC zone and recommends that this be added
to the permitted use in the Trueman SPA.
Specially Planned Area criteria: The following review standards
are set forth in Section 24-7-804(B) of the Aspen Municipal Code:
1. Whether the proposed development is compatible with
or enhances the mix of development in the immediate
vicinity of the parcel in terms of land use,
density, height, bulk, architecture, landscaping,
and open space.
Response: The proposed SPA amendment will expand the range of
commercial uses permitted in the Trueman SPA. No increase in
square footage is proposed. Staff has made comments on each of the
23 proposed uses in the preceding section.
2. Whether sufficient public facilities and roads exist
to service the proposed development.
Response: The city Engineer submitted comments on the Pitkin
County Bank satellite branch office conditional use application.
These referral comments identified a need for a sidewalk to be
constructed on the south side of Puppy smith street. The Planning
Office and Planning commission did not believe the construction of
a sidewalk was appropriate for mitigation in the bank's conditional
use application, however staff would like to reconsider this
requirement with this SPA amendment. Although the applicant is not
increasing the square footage of the structure, the proposed
increase in types of commercial uses at the shopping center warrant
the installation of a sidewalk on the parcel. Individual
conditional use reviews may not necessitate a sidewalk but these
code amendments should be viewed as a more significant change to
the SPA.
3. Whether the parcel proposed for development is
generally suitable for development, considering the
slope, ground instability and the possibility of
mud flow, rock falls, avalanche dangers and flood
hazards.
6
o
:>
Response: This provision does not apply for the proposed use
amendment.
4. Whether the proposed development creatively employs
land planning techniques to preserve significant
view planes, avoid adverse environmental impacts
and provide open space, trails and similar amenities
for the users of the project and the public at
large.
Response: The applicant is only asking for
commercial uses allowed by right in the SPA. No
are proposed as no new development is proposed.
an increase in
public amenities
5. Whether the proposed development is in compliance
with the Aspen Area community Plan.
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 providing daily and frequent neighborhood services and
the reduction of traffic. Staff has closely reviewed the proposed
list of uses and has made comments relative to their
appropriateness in the NC zone district, as recommended by the
AACP.
6. Whether the proposed development will require the
expendi ture of excess i ve public funds to provide
public facilities for the parcel, or the surrounding
neighborhood".
Response: The City has been working on improvements to Puppy Smith
street and has suggested that the applicant provide a sidewalk
along the south side of this street. Therefore, the proposed
amendment will not require the expenditure of public funds to
provide public facilities.
7. Whether the proposed development on slopes in excess of
twenty percent (20%) meet the slope reduction and density
requirements of section 7-903(B) (2) (b).
Response: No new development is proposed, therefore this provision
does not apply.
8. Whether there are sufficient GMQS allotments for the
proposed development.
Response: The applicant is not seeking to increase the floor area
of the project. The request to add supplementary uses to those
presently allowed does not trigger the need for GMQS allotments.
STAFF RECOMMENDATION: Planning staff recommends partial approval
7
c
""'"
....,,/
of the applicant's request to expand the permitted uses on Lot 1
of the Trueman SPA. For reasons noted in the memorandum, many of
the uses proposed do not meet the purpose of the underlying NC zone
district. Staff recommends that the fOllowing uses be added to the
uses currently permitted by right on Lot 1 of the Trueman SPA:
1.
2.
3 .
4.
5.
6.
Second hand store
Office supply
Auto parts store
Florist
Lock shop
Catalog store
..\-\-~~
1\> Q.i j\AAM
Staff further recommends that the following uses be added as
conditional uses to Lot 1 of the Trueman SPA:
1.
2.
3.
4.
5.
6.
7.
8.
Photo/framing shop
Furniture shop
Children/toy store
Bookstore
Appliance store
Pet store
Audio/Video/Computer/Communications
Arts and craft store
store
. ..9
10' \CllP
())Y\11 II
The following uses are presently conditional uses in the NC zone
district. Staff recommends that these uses become permitted by
right for Lot 1 of the Trueman SPA:
1. Laundromat
2 . Garden shop
3. Hardware store
4. Paint and wallpaper store.
The following conditions are recommended for this SPA Amendment:
1.
2.
The applicant shall file a new SPA agreement with the city of
Aspen within 180 days from the date of approval by City
Council. Failure on the part of the applicant to record the
final development plan and SPA agreement within a period of
180 days following its approval by city council shall render
the plan invalid.
The applicant shall construct a new sidewalk on the north
property boundary of the property adjacent to Puppy smith
Street. The plan for this sidewalk must be reviewed and
approved by the Planning Off ice and city Engineer. The
sidewalk shall be constructed within 180 days from the date
of approval by city council.
8
.'#'
lV
#,'x! \ ~\
\0L 'vr\
S\ \vY
.,,)! ~ \
\~ XI>
- ..;..~._._--~--,--_._----- .~.
c
o
RECOMMENDED MOTION: "I move to recommend to city council a use
amendment to the Trueman Lot 1 Final SPA, as recommended in the
Planning Office memorandum dated May 2, 1995."
Exhibits:
"A" - Application Information
"B" - List of Existing NC permitted and conditional uses
Purpose sections of CC, C1, SCl and 0 zone districts
"c" - Zoning referral comments
9
r'-
"'""
_.;- --
_-_'-J.,_"
~
. -:::;~~,~:- fl .. .
:.TruemanAspen Company
.-300 Puppy Smi th
. Aspen,.CO 81611
,"\..'.
:-~ .....
March 28, 1995
Exhibit A
City of Aspen
Planning and Zoning Commission
130 South Galena Street
Aspen, CO 81611
Re: Garden Center conditional use and Trueman SPA variance
Dear Commission Members:
Trueman Aspen Company is submitting an application package
to the Planning and Zoning office to seek an approval of a
conditional use in the Neighborhood Commercial zone district
(sec. 5-212) as well as a variance to the Trueman SPA.
The conditional use we are seeking is a "Garden Shop".
Trueman Aspen Company is requesting to use this permit for a
garden center located in the courtyard of the shopping
center.
The variance to the Trueman SPA is intended to allow more
locally oriented uses than are currently permitted under the
N/C zone guidelines (see attached). 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
Tel. #303-925-8603
2. The applicant is Trueman Aspen Company
3. The authorized representative of the applicant is
Philip Bloemsma, Agent and Property Manager.
4. Attached are the fOllowing:
a. A disclosure of ownership by way of 1993
real estate tax notice
b. A vicinity map locating the property
c. A description of the proposed uses with an
explanation of how the uses comply with the
standards of the Planning and Zoning office.
Thank you for your consideration in this matter.
-
Bloemsma, Agent
... ....j:~,:;;:;.;;.'. -
.....~.?2-.:..:..;:..;,;;.:i:::::~'-...--.i;>.:/:.
c
o
Trueman Aspen Company
P.O. Box 5081
Aspen, CO 81611
March 28, 1995
City of Aspen
Planning and Zoning Commission
130 South Galena St.
Aspen, CO 81611
Re: Trueman Center SPA Variance
Dear Commission Members:
The Trueman Center currently lies in the neighborhood
commercial zone district. with this application, Trueman
Aspen Company is seeking a SPA variance to allow the
fOllowing uses as permitted uses:
1. Travel Agency
2. Second Hand Store
3. Kitchen Supply Store
4. Optical Lab
5. Office Supply
6. Lighting Store
7. Photo/Framing Store
8. Furniture Store
9. Auto Parts Shop
10. Children/Toy Store
11. Book Store
12. Gift and Card Shop 0 r
13. ~"QRiQR~ B l' :S-~"'TO' -'" '''Rgp f~ Ao~t ~D 5~lcr
14. Florist
15. Lock Shop
16. Sporting Goods Store
17. Appliance Store
18. Pet Store Store
19. Clothing and Shoe Store
20. AudiolVideo/ComputerlCommunications Store
21. Bed Bath and Linen Store
22. Arts and Crafts
23. We would also ask that all existing conditional uses
be considered permited uses.
Trueman Aspen Company feels that all of the requested uses
conform with the intent of the zone district and the
original intent of the City Council in designating the
parcel Specially Planned Area.
1;2r r ;3ur7 _
._~;QJ -~ ::::>
ilip Bloemsma, Agent
-~ \~
~,~;:. ;
~~ .
.......-...
.j~':
. ..._~--.:-__.
f"'"
""
....,.
Trueman Aspen Company
300 Puppy Smith
Aspen, CO 81611
March 29, 1995
City of Aspen
Planning and Zoning Commission
130 South Galena St.
Aspen, CO 81611
Re: Trueman SPA Variance and Conditional Use response to
review standards.
Dear Commission Members:
FOllowing is a response to the review standards of the P&Z
per attachment 4 of the conditional use and SPA development
application. Trueman Aspen Company feels that the
Conditional Use and SPA Variance are consistent with the
intent of the commission and council. Also the requests
are consistent and compatible with the character of the
immediate vicinity and enhances the mixture of the existing
uses.
The impact will be minimal. There will be virtually no
visual impacts and the proposed uses will require no
additional services or public facilities in order to
operate. The Trueman Center 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 any proposed use.
The Conditional Use and SPA variance proposed by Trueman
Aspen Company are consistent with all standards and
objectives of the Aspen Area Comprehensive Plan (AACP). In
particular, the AACP suggests that the NC zones permitted
and conditional uses be revised. The uses will be a
convenienca to the local community. They will enhance the
objectives of the zone district by serving the needs of the
local who requires convenience and ease with daily errands.
With this in mind, Trueman Aspen Company feels that the
proposed uses are appropriate for the Neighborhood Zone
District. Thank you for your consideration.
~
~
Agent and Property Manager
~.:~;:-
.-.. --...---
"-.- --. -.----.--.--
c
o
EXlIIBIT B
The following uses of the Neighborhood Commercia~ (NC) zone
district are permitted as of right:
1. Drug store
2. Food market
3. Liquor store
4. Dry cleaning and laundry pick-up station
5. Barber shop
6. Beauty shop
7. Post office branch
8. Record store
9. T.V. sales and service shop
10. Shoe repair shop
11. Video rental and sale shop
12. Accessory residential dwellings restricted to
affordable housing guidelines
13. Accessory bui:dings and uses
The following uses are permitted as conditional uses in
the Neighborhood Commercial (NC):
1. Service station
2. Laundromat
3. Garden shop
4. Hardware store
5. Paint and wallpaper store
6. Carpet, flooring and drapery shop
7. Business and professional office
8. Free market dwelling units which are accessory to
other permitted uses
9. Home occupation
10. Satellite dish antennae
The purpose of the cc (Commercial Core) zone district is:
The purpose of the Commercial Core (CC) zone district is
to allow the use of land for retail and service
commercial, recreation and institutional purposes with
customary accessory uses to enhance the business and
service character in the central business core of the
city. Hotel and principal long-term residential uses may
be appropriate as conditional uses, while residential
uses are permitted or may be appropriate as conditional
uses.
The purpose of the Commercial (CI) zone district is:
The purpose of the Commercial (Cl) zone district is to
..-.-- ,"
. ----_..... .--. -- ,._---_.._.~
~;-:,--~.~:-~".~...:....--::~-.:;..~.-:...~~~~;:::-.:'--
. .,=-::"--:-:;"..;-=-~""::=';"-~.:':' _._...~-
I""
",...,
'__i
provide for the establishment of commercial uses which
are not primarily oriented towards servinq the tourist
population.
The purpose of the Service/Commercial/Industrial (S/C/I) zone
district is:
The purpose of the service/commercial/Industrial (S/C/I)
zone district is to allow for the use of land for the
preservation or developlllent of lilllited commercial and
industrial us.s which do not require or qenerate hiqh
customer traffic volUllles, and to permit customary
accessory uses, iDcludiDq residential dwellinqs.
The purpose of the Office (0) zone district is:
~he purpose of the Office (0) zone district is to provide
for the establishment of offices and associated
commercial uses in such a way as to preserve the visual
scale and character of former residential areas that now
are adjacent to commercial and ~usiness area, and
commercial uses alonq Main street and other hiqh volume
thoroughfares.
l,_
June 1, 1995
TO:
FROM:
RE:
'"
....,..,
:)
Exhibit C
MEMO
MARY LACKNER ~
BILL' DRUEDING, ZONING OFFICER V
TRUEMAN LOT 1 SPA AMENDMENT
My comments to your memo are:
Item #12:
Item #13:
Item #22:
Item #23
We need a definition of "gift shop."
How much over-the-counter sales of on-site prepared
foods will be permitted in conjunction with
"primary" packaged goods?
Do we need to define "arts and crafts?"
Are business and professional offices to be
considered as current uses? This appears to
conflict with item # 1. Also, there is a difference
between a "laundromat" and a commercia laundry
(drycleaning) which exist at Clark's and also the
S/C/I zone.
,
o
~
MEMORANDUM
TO:
Planning and Zoning commission
FROM:
Mary Lackner, Planner
RE:
Trueman Lot 1 Conditional Use Review for a Garden Shop -
Public Hearing
DATE:
May 2, 1995
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY: The Planning Office recommends approval of the
conditional use review to allow a garden shop on Lot 1 of the
Trueman Subdivision, if the use does not encroach in the courtyard
seating area.
APPLICANT: Trueman Aspen Company, represented by Philip Bloemsma.
LOCATION: Lot 1, Trueman Subdivision.
ZONING: NC - Neighborhood Commercial zone district.
APPLICANT'S REQUEST: The applicant requests Conditional Use
approval to place a garden shop in the courtyard of the shopping
center from Memorial Day for a period of up to three months. The
garden shop will be operated by the business Sashae and items for
sale will consist of potted plants, carts with bedding plants, and
tables with plants. A sales clerk from Sashae will work in this
area however, sales will take place in the store Sashae, as no cash
register is proposed in the outdoor area.
Please refer to application information, Exhibit "A".
PROCESS: The Planning and Zoning Commission will make the final
determination on this application.
STAFF COMMENTS: A garden shop is called out in the NC zone
district as a conditional use.
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
. .~._...:;".:'~;.o-...'__'.":'.'..';;'.~-__..
c
:)
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 proposed garden shop conditional use meets this
standard as the local community would be the primary customer of
a garden shop and that traffic trips would most likely be combined
to the post office and grocery store.
B.
Response:
character
this area
C.
The conditional use is consistent and compatible
with the character of the immediate vicinity of the
parcel proposed for development and surrounding land
uses, or enhances the 1Dixture of complimentary uses
and activities in the immediate vicinity of the
parcel proposed for development; and
The garden shop will be compatible with the uses and
of the immediate vicinity as the existing businesses in
are necessity and convenience oriented.
The location, size, design and operating
characteristics of the proposed conditional use
1Dinimizes 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 outdoor garden shop is proposed to accommodate an
approximately 600 sq. ft. space within the courtyard of the shopping
center.
The Zoning Enforcement Officer has indicated that the proposed
garden shop is located within approved open space of the Trueman
SPA (Exhibit "B"). The application materials do not provide the
level of detail to determine whether this will encroach into the
25% open space requirement for this lot. Lot 1 is 2.552 acres in
size and requires 27,791 square feet of open space. The applicant
will need to provide open space calculations for Lot 1 to the
Planning and Zoning commission meeting to determine if the garden
shop can encroach into this area.
Staff recognizes the courtyard area as a desireable highly used
open space area during the summer months. Staff would prefer that
the garden shop arrange the carts and tables on the perimeter of
the courtyard under the existing building overhangs so that none
2
...-_.--"...,.'-,-"--'-..--,....,>;.~..
o
o
of the usable open space is impacted. By locating the commercial
use under existing overhangs, the use does not violate the open
space requirements of the zone district. The applicant should
explore the large covered area on the northern side of Bagel Bites.
Staff would also consider the possibility of removing two or three
parking spaces for the outdoor garden shop use.
The applicant obtained a conditional use approval on February 21,
1995 from the Planning commission for a satellite branch of Pitkin
County Bank. This use has not commenced and the space is currently
for lease. Staff is recommending that the same conditions
regarding the handicapped parking location, removal of the night
depository, and enforcement of vehicles parking in the fire lane
be made conditions of approval for this application.
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
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: The entire Trueman project was required to provide
affordable housing when it was developed. Although the garden shop
is proposed for up to three months a year, the application does
state that one employee will be operating the outdoor area. The
Housing Office does not see a need for employee mitigation at this
time, however, if FTE's are added to Sashae as a result of this
use, employee mitigation can be readdressed.
F. The proposed conditional use complies with all
additional 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 Community Plan
and all other applicable standards.
STAFF RECOMMENDATION: Planning staff recommends approval of the
Trueman Aspen Company Conditional Use review for a 600 sq. ft.
outdoor garden shop to be located under the overhangs of the
shopping center, subject to the following conditions:
1. Prior to commencement of the garden shop, the applicant will
3
c
~
provide a 12 foot
the fire lane and
lane.
wide handicapped parking space adjacent to
improve enforcement of parking in the fire
2. Prior to commencement of the garden shop, the applicant shall
remove or disguise the existing night-drop depository.
3. The Housing Office has the ability to readdress employee
mitigation should FTE's be added to Sashae as a result of the
outdoor garden shop.
4. 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
600 sq. ft. outdoor garden shop to be located under the overhangs
of the shopping center, on Lot 1 of the Trueman SUbdivision,
subject to the conditions noted in the Planning Office memorandum
dated May 2, 1995."
Exhibits:
"A" - Application Information
"B" - Zoning Enforcement Officer referral comments
01.1'1 d.:J P'l.Of'llSP,J
'- /If<<J/l1A-t"~~(
fo'-o
6el.el~/!ifa,~} 0(5 OI'.erJ Sl'~
4
- -
,
Exhi it A ..
I
I
I
'81
!!?'
~
r<
- .
~
,. I
-
I ~~ ~ -ta
I
~
IT! \ I
'0 (~Q8"
00 ' ( () ,.
tJ . C""t: ·
<Ie
1_ - I l _J
J
~-- 0- 'J I'l
, ~ ~ ~
~ _. ~Q~
b. ~ ~ 4l~ ~ ~
~; ~~~.!~~~
~~ d:J .. i 1 "
<. .5{813 ~
/
/
t--
Q
<r
~
<:)
t"(
\n
()
C"(.
~
--:t-
. C)
~
j !~ h1
, i. r ! ~ ~
~ \J f-~t
I \ I
" I I (
8 ~ ( ai
~1
o IAND USE APPLICATICH FCR!O
1) Project Name l'J1,..noA'~~ SPA K;:rilri:i1=1gg :lRg ('oR.QitioAi.l n~g
2) Project IDeation
~nn Plfpry ~m~~h ~Qrgn rn Rl~11
Trl1eman Cen~pr ln~*l
(iroicate ",w.=t cttl:h. , l.ot & block )"IImh>r, legal. descript.i.an lolhere
"'WLUl!Llate)
3) Pl. so ,t Zcnin;J N Ie
4) lot Size
5) Applicant's Name, Address & BlaJe ,
Tr.nam:r.n .pron "'nmr::any
P 0 Rnx ~ORl A~ppn. ro Rlfil1 101-q?~-Rfi01
6) Rq..., ,lative's Name, hkh.
&BlaJe'
Philip ~'npm~m~ _~~mp
7) Type of Awl.icaticn (please dleck all that <gUy):
--X.... o:nli.tianal Use _ Q.ao...q,>Wal SPA
_ 0J0cepblal. Historic rev.
Final. Hi.st:aric rev.
_ 5I"'<"i;,l Review -X- Final. SPA
8040 Greenline _ 0:n:::epbla1 roo
_ stream Margin Final. roo
Minx- Historic rev.
Hi.st:aric De!lDlition
Mountain view Plane SUbdivision
,
_ Historic Designation
O::nXmini.umization _ Text:/MaP AIbeILh.a..d..
_ QQ3 Allotment
_ QQ3 Exalption
_ lot Spli1:jI.ot Line
1djU:,~1t
8) Description of Exist.iD:J Uses ()"II"-"- ani type of existiD;J st:rucbIres~
cq:praximate sq. ft. ~ p"-"- of bo:ch..........~ arry previous awz:ovals granta:l to the
p:o:.perty) .
",1,10 rrnrorf-y ":::lIe:! nno &:;Lt nnn C''ll1::l1T''O .f'nn.... hnilriing f-h;::lit-
~nnf-::a~nQ 17 "'oQ~~onf-{D' omr'"yoo hn'1Q~ng l1nif-a ::an~ 11
~nmmor~;::al Qr::a~OQ
9) Description of Devel~1t AJ;pli~ti.cn
~!ii is a two part application. Part one is a request for a
variance to the Trueman SPA and part two is ~request to
allow, the condi tiana;\,. use of "Garden shop" as a perrni ted use.
10) Have yn1 at:tadled the foll.cMin.J?
llespoIlSe to Att:ad1ment 2, MiniDun Snhni"""i..., 0Cntents
_ Respoose to Att:ad1ment 3, ~if'ic ~lhni....i..., 0Cntents
_ Respoose to Att:ad1ment 4, Review st:amards far Your Application
o
o
Trueman Aspen Company
300 puppy Smith
Aspen, CO 81611
March 28, 1995
City of Aspen
Planning and Zoning commission
130 South Galena Street
Aspen, CO 81611
Re: Garden Center conditional use and Trueman SPA variance
Dear Commission Members:
Trueman Aspen Company is submitting an application package
to the Planning and Zoning office to seek an approval of a
conditional use in the Neighborhood Commercial zone district
(sec. 5-212) as well as a variance to the Trueman SPA.
The conditional use we are seeking is a "Garden Shop".
Trueman Aspen Company is requesting to use this permit for a
garden center located in the courtyard of the shopping
center.
The variance to the Trueman SPA is intended to allow more
locally oriented uses than are currently permitted under the
N/C zone guidelines (see attached). 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
Tel. #303-925-8603
2. The applicant is Trueman Aspen Company
3. The authorized representative of the applicant is
Philip Bloemsma, Agent and Property Manager.
4. Attached are the following:
a. A disclosure of ownership by way of 1993
real estate tax notice
b. A vicinity map locating the property
c. A description of the proposed uses with an
explanation of how the uses comply with the
standards of the Planning and Zoning office.
Thank you for your consideration in this matter.
121'Y'
Philip Bloemsma, Agent
~. '-.
o
o
Sashae Floral Arts & Gifts Aspen
300 Puppy Smith
Aspen, CO 8 Jl6 Jl Jl
303.920.6838
March 30, 1995
Trueman Aspen Company
300 Puppy Smith
Aspen, CO 81611
Dear Sirs:
We at Sashae Floral Arts & Gifts propose a small garden center in the courtyard area of the
Trueman Center.
Rather than provide a traditional retail area and since this is outside and an open air retail area -
we will have old fashion flower carts pre-planted pots of flowers and plants, and hanging baskets
to create a garden atmosphere, complete with tables & chairs.
We will have one employee operating the outside area,through our existing storf1 to run this
extension of Sashae, located less than ten feet away. This extension of Sashae will be open
approximately June 1 through July 31, depending on the weather.
If you have any further questions, please contact me.
Shae Singer at 920-6838
Thank you,
2h~~'
Shae Singer
C
Trueman Aspen Company
300 Puppy Smith
Aspen, CO 81611
o
March 29, 1995
City of Aspen
Planning and Zoning commission
130 South, Galena St.
Aspen, CO 81611
Re: Trueman SPA Variance and conditional Use response to
review standards.
Dear Commission Members:
Following is a response to the review standards of the P&Z
per attachment 4 of the conditional use and SPA development
application. Trueman Aspen Company feels that the
Conditional Use and SPA Variance are consistent with the
intent of the commission and council. Also the requests
are consistent and compatible with the character of the
immediate vicinity and enhances the mixture of the existing
uses.
The impact will be minimal. There will be virtually no
visual impacts and the proposed uses will require no
additional services or public facilities in order to
operate. The Trueman Center 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 any proposed use.
The Conditional Use and SPA Variance proposed by Trueman
Aspen Company are consistent with all standards and
objectives of the Aspen Area Comprehensive Plan (AACP). In
particular, the AACP suggests that the NC zones permitted
and conditional uses be revised. The uses will be a
convenience to the local community. They will enhance the
objectives of the zone district by serving the needs of the
local who requires convenience and ease with daily errands.
With this in mind, Trueman Aspen Company feels that the
proposed uses are appropriate for the Neighborhood Zone
District. Thank you for your consideration.
J
~
loemsma, Agent and Property Manager
. . f.- ';';'. ~
iit:ii~t ~.
, w.c.....::
y ~.,l:;;~.;~
. "'il"~ ie,'
',' .... -.---
:: ,!-....:. ';'ll.~~
,...;.1:.. -Er,,_
.
c
:>
...-
..
.-
\
""
'~/r'
r-,
:: ~-, t1" ,,'- ". .,4
Jl,OI I , : 13
I'I~~= II
.zo,t I, _I 1WT I
J.D3
:l~
:<0"
dD7 .tog .zCl1
~ot. ),oS
~
~
1
\
I
~ , ... .
,,~
.--
I
I
I &1.'%
I
L__
1.11
c
-- -----
I>>
"'I "II 113 II J. 11/ /10
r.::::::II- -- - -Jr::::t
l:J L..--- _ I!I!:I
Iltr
I Ill,
.
101 }D"I lD7 Jot, JfJ5
31
,.,
..>-",'.:..";.:-s:.',
J
I
L_ - - --
I
I
I
- - _.L
I I
I 1
r
I
I
I 1
I J
1 I
I
I _J
.-,. - ~.- -.
N
L
Ll
c
o
Exhibit B
MEMORANDU)(
FROM:
Kim Johnson
Bill DrUeding~
TO:
RE:
Trueman Aspen Company Garden Center
DATE:
April 12, 1995
-----------------------------------------------------------------
-----------------------------------------------------------------
This proposed garden center is a commercial activity which appears
to occupy the major portion of this property's open space. section
3-101, Open Space definition, paragraph I, prohibits commercial
acti vi ty , display and merchandising of goods in required open
space.
The N/C zone district's open space requirement is 25%. We need to
determine if they meet this requirement.
In the past I have exercised zoning enforcement in this area as
required open space. Christmas trees were allowed to be sold in
the area as a result of a city council decree, which provides an
exception to our codes with regard to short-term seasonal Christmas
tree sales around town.
I""
ItPz {o/Z1IWlJtr
,"""
......
~
S.vq- riM'! wCNd -t,-/db ~;U/4r ,-,blt'c Iln,~ ,kr UIMMb-Ct~jl
I/<A.t ,
- f/".uy~ C~Mt.()t Iu k;ci:.-eel out 1J6 .sl'cl<"'-.
- GoLd'! MtJ t.~ ni.c( a 1"-1 bill ;tu:- "
Sla.e - (l..()j -Inl'J ami qa-t.l tu<./"Y {--W/I'J /.uy,lG
,- /L-O JRtll1 i;'" 0/,61 C1/'C<.- ,
_ ~{)C?~ D<_.C}(/( / 1.tJ./J/ Cut/ 0/1 d fa (.,j,~-<<.. (OJ Cd., {,vy.
_ c.OJl"(}f 1"/ t /' Ut;.,.h (/1'1,1~,... vre., Ivr;ys", M 1fj'4 f /U>
d/?llnJl.> .
:J evcUYj d-R'o/14 -6~/ ...Ja /~.
MOr.fr, - vuy UJ~f-j ttAf<tly /ct/! <t ('IV I'Clr'~~
ci.tJ" II UtJI1 t oslo ;.J d -fd-Ln <,,,,-I.
~'
II.M -
t)/CL1 .-10 -tIIHN~ -Irvf'M4/'1
(,00 Jfj.t. ;)6 ,tk,JJ V/"W
flt!l'lJ<t .-
I~ ho f I;" (ql/J/'
.sfeL.<..{ - ;wI -tf, _-fl, O~t1clJ r:, /,",M'v O/,t!/I S/?l.c.i:-
~Jfr -
[3rl/te -
1/~ -
..sa /-a -
diJl'vN4tl 1--411 ~
t/'t k:t 0 ( ~'1
.0 b-y ( J.",/ /1..()f .A.4,j/Mti.J'"
I~ -flY p/Ve{.
,,{
05 Un Iu..
lov/.se'o/'f'eI __ c...-/ {'-<trcl I /Uo /rlojy .
/ICO"'CR.; D.!' ,-/tv rl hY J af.t .
fl'-U' 6etWl ~
.;' reh:.! .JI'M"
~.ft1.p{?
'f . I' /31 tI~ I
11/-11 (J ,I rId" ' 1/
-+/wJ.
ovU-'kCflJ -- .fa 6.?f:l /..-"I.U-eCl"h-C.t.
;... 10 t.A-&.P pia 1 J {~ :/ /'0 <<jt, ~ /0,1
2-O/1~ /Lo t c/.Mr.t~cl ~ &cet'J1..<.O/.kLL
J;!
i\i,<; .
_i""':
- - -:-<-~' --. -,\'-
, . . .
5 ....
"
Trueman Aspen Company
Conditional Use and
SPA Varian~e Application
Package
_,.t;
i, '.;~
,:i]! _ i;-;
,
"
Trueman Aspen Company
300 Puppy Smith
Aspen, CO 81611
March 28, 1995
City of Aspen
Planning and Zoning Commission
130 South Galena Street
Aspen, CO 81611
Re: Garden Center conditional use and Trueman SPA variance
Dear Commission Members:
Trueman Aspen Company is submitting an application package
to the Planning and Zoning office to seek an approval of a
conditional use in the Neighborhood Commercial zone district
(sec. 5-212) as well as a variance to the Trueman SPA.
The conditional use we are seeking is a "Garden Shop".
Trueman Aspen Company is requesting to use this permit for a
garden center located in the courtyard of the shopping
center.
The variance to the Trueman SPA is intended to allow more
locally oriented uses than are currently permitted under the
N/C zone guidelines (see attached). 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
Tel. #303-925-8603
2. The applicant is Trueman Aspen Company
3. The authorized representative of the applicant is
Philip Bloemsma, Agent and Property Manager.
4. Attached are the following:
a. A disclosure of ownership by way of 1993
real estate tax notice
b. A vicinity map locating the property
c. A description of the proposed uses with an
explanation of how the uses comply with the
standards of the Planning and Zoning office.
Thank you for your consideration in this matter.
-
Agent
,cr-'"
/"''"'
" J
">oJ
ASPEN/PITKIN PLANNING OFFICE
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and T~n~lIIall A 'ip~1l C'OlllpallY
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
rprllp.m~n ~Pl. V~r;~n,..p. ~nr1 ~nnr1it;nn~l TJ~p npprnVnl~
(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 involved 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.
- . THE FAC 0 S ~D BACKGROUND - NOT A WHITE BACKGHUUNU
CHECK NO.
'iDOR NO
J.R. TR ':MAN AND ASSOCIATES, It......
"."NAGEMENT DISBURSEMENT ACCOUNT
4355 DAVIDSON ROAD
HilLIARD, OHIO 43026
007461
25-2
440
'lE HUNTII':GTON NATIONAL BANK
()<' COLUM8US. OHIO
DATE
3/27/95
**1110 THOUSAND FORTY EVEN**
$2.040.00*
J,R TRUEMAN AND ASSOCIATES, INC
Management Disbursement Account
. iE
R OF CITY OF ASPEN
NOT VALID AFTER THREE MONl HS FROM DATE
~~~Juod!
AUTHORIZED SIGNA lURE
11"00 ?"'b ~II" .:0......0000 ~"'I: 0 ~Bq ~b ~"'Ob 111"
DDI
ZONING VARIANCE
DESCRIPTION
DETACH STATEMENT BEFORE DEPOSITING
IBmI
DATE
INVOICE NO.
NET AMOUNT
$2,040.00
007461
J.R. TRUEMAN AND ASSOCIATES. MANAGEMENT DISBURSEMENT ACCOUNT .4355 DAVIDSON ROAD
. HilLIARD, OHIO 43026
A'I.T1lCIlMF]lT 1
Il\ND USE APPLICATICN R:RI
, f
1) Project NalIe rprnom::lt:l SPA Hari:!1RQQ sQ.Q C'QRQitigR.al TT~9
2) Project Location
~nn Pffppy ~m~~h aqpcn rn Rl~l'
Trup-man Cent.pr lntftl
(inlicate street adh. -', lot & block J1ImhP~, legal description where
awrqIriate)
3) Present zaniD:J N / C
5) 1Ij:plicarIt's Name, l\ddresS & Ib:JrE #
4) IDt Size
rp~l'm~::In .rr~n rnmr~ny
P.O. Rnx 'iOR 1 lI"ppn. ('0 R 1 fi 11 101-Q?'i-Rfi01
6) Rto1?r:, llative's Name, l\ddresS & Ib:JrE #
Philip Rlnpm~m~ _~~mp_
7) Type of Application (please dleck all that apply):
-----X.... Corrlitional Use _ 0:3Dept:ual SPA
_ Special Review ....x...... Final SPA
8040 Greenline _ 0:3Dept:ual roo
_ stream Margin Final roo
_ ~ Historic Dev.
Final Historic Dev.
Minor Historic Dev.
Historic D!m:>lition
Mcuntain view Plane Subdivision
.
_ Historic Designation
a:nkmini.umi.zation _ Text/MaP AmeI.:n.....L
QQ; Allv~tt
_ IDt SplitjLot Line
l\djll:>~tt
_ QQ; Exalpt:ion
8) D3scription of Exist:.inJ Uses (1'111""_- ani type of exi.st:iD] st::rucbJres;
aw=xiJxate sq. ft.; J'IImhPr of Lt..h.........,.; any previ.oos awrovaIs grcmt:ed to the
prqJerty) .
'T'hp rrnpcrf-y ":=roc:::! nnc SLl nnn C:!'111::arc Tn"+- hn;ltiing ....h;::ilt-
rnnf-::I~nQ 17 rOQi~cn.~D' omp'"yop hnl1c:::!ing "nif-Q ::ann "
~nmmcr~;:=rol Qr::l~OQ
9) Description of Leve.l'-P'""'tt 1\j:plicaticn
Thie is a two part application. Part one is a request for a
variance to the Trueman SPA and part two is ~request to
allow, the s;,ondition!j).. u!!.e of "Garden shop" as a permited use.
10) Have yoo. attadJed the follow:iDJ?
~ to Attachment 2, MinimJm ~lhn;=;cn Contents
_ Response to Attachment 3, Specific Snhn;='icn Contents
_ Response to Attachment 4, Review st:amams for Your 1Ij:plication
,.
"
,
'.~..,..~
J.R. Trueman & Associates, Inc.
March 24, 1995
City Of Aspen
Planning And Zoning Commission
130 South Galena Street
Aspen, Colorado 81611
Dear Commission Members:
J.R. Trueman & Associates, Inc. in its capacity as general partner of Trueman Aspen Co. an Ohio
limited partnership, is authorizing Mr. Phillip Bloemsma to act as our agent in Colorado. Mr.
Bloemsma's address is 300 Puppy Smith Street, Aspen, Colorado 81611, he can be reached by
phone at 303-925-8603.
Trueman Aspen Co. owns the shopping center located at 300 Puppy Smith Street. This property
is currently zoned neighborhood commercial. Mr. Bloemsma has specifically been asked to help
obtain approval for a variance to the existing neighborhood commercial zoning.
If you have any questions regarding this matter please contact me at 614-793-4618.
Sincerely,
GQ
Colin Trueman
Vice President
cc: Phillip Bloemsma, Manager, Trueman Aspen Co.
.
PITKIN COUNTY TREASURER
SEcarJO-HALF TAX NO,TJCE 1 STATE"ENT OF (lALANCE DUE FOR TIIX YEAR 1993
TAXPAYER NAME:
REHlT TU:
TRUEMAN ASPEN CO.
A LIMITED PARTNERSHIP
9q ~ORTH HIGH ST., STE. 50
DUBLIN, OH
<13017
!'ITK1N COUNTY TREA3'illlR
DEPARTMENT #0601
DENVER, CO d0292-JD~l
(303) 920-5170
ASSESSED VALUATION
1,2115,080
SCHEDULE # 0/08710
--------------------------------------------------------------------------.-----
PARTIAL
TRUEMAN
BLOCK
LEGAL DESCRIPTION:
TAX BALANCE OLJE
INTEREST
18,7qll.68
0.00
LOT 1
------.-.----
TOTAL OLJE
18,7qll.E>B
--------------------------------------------------------------------------.-----
PAY~ENT MUST BE POSTMARKED BY JUNE 15, 19911. 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 RECEIPT. ~
NO RECEIPT WILL BE SENT UNLESS YOU CHECK HERE. 1C4\
J
PLEASE RETURN ONE COpy OF THIS STATEMENT wITH YOUR PAY~ENT~jJ
~~\\.;
r
_"".....'x.
'.,. j
Sashae Floral Arts & Gi&s Aspen
300 Puppy Smith
Aspen, CO 81611
303-920-6838
March 30, 1995
Trueman Aspen Company
300 Puppy Srnith
Aspen, CO 81611
Dear Sirs:
We at Sashae Floral Arts & Gifts propose a small garden center in the courtyard area of the
Truernan Center.
Rather than provide a traditional retail area and since this is outside and an open air retail area -
we will have old fashion flower carts pre-planted pots of flowers and plants, and hanging baskets
to create a garden atmosphere, complete with tables & chairs.
We will have one employee operating the outside area,through our existing stOfl,tO run this
extension of Sashae, located less than ten feet away. This extension of Sashae will be open
approximately June I through July 31, depending on the weather.
If you have any further questions, please contact me.
Shae Singer at 920-6838
Thank you,
:fiae ~-
Shae Singer
.
"'-
.- '
"
".....--
.......,
....,.
""
'~/,: ,
r-j
I
I I
ol.o/
.tD~
~3
~
~
~--, ~II ,,'- '13 ,4
I .: 13 ,
I I ~~= I I : I]!!!:
! -'WI
:10f.1 ).05
~o(.,
"/07 J.o8 .2.01/
1
.
I
1
,,/
I
I
I
I
I
1- __
H"t
$'"'0',,,.
....,.,.1,,'
-------
r,
"'"
I
L_ -
11'/ 1)<1 113 Ill. //1 110
- -
S'- -- - -JIiI
L--- -
1I::r
~
I 1/(,
.
/01 JD'1 107 JDt, JD,S'
N
- l
I
I
_.L
I I
rl I
I I
I 1
I _ _ J
1 I
I I
_J
,..-,,,,-
Trueman Aspen Company
P.O. Box 5081
Aspen, CO 81611
March 28, 1995
Re: Trueman Center SPA Variance
v Af\c r
^ III' ;\~MAC(~j'")
J~'
City of Aspen
Planning and Zoning Commission
130 South Galena St.
Aspen, CO 81611
Dear Commission Members:
The Trueman Center currently lies in the
commercial zone district. with this appl~
Aspen Company is seeking a SPA variance tc
following uses as permitted uses:
1. Travel Agency - C( lei /0
2. Second Hand Store - cc I G I
3. Ki tchen Supply Store (!:G:1 )
4. Optical Lab
5. Office Supply - u_/G I
6. Lighting Store scl
7. Photo/Framing Store('c!C\ (sc:r)
8 . Furniture Store - cc../c I
9. Auto Parts Shop ,
10. Children/Toy Store (cc/cI)
11. Book Store - cc..1c I
12. Gift and Card Shop - cc
13. eg- '-' VI l',~ii!.......1...1,'n
14. Florist -Cc.../cl
15. Lock Shop - Sc~
16. Sporting Goods Store -cc
17. Appl iance Store - cC / G I
18. Pet Store Store - cc../GI
19. Clothing and Shoe Store cG/GI
20. AUdio/video/Computer/Communications
21. Bed Bath and Linen Store(c< /GI}
22. Arts and Crafts - cc../GI/~c.1-
23. We would also ask that all existing
be considered permited uses.
u,,1
+
,1.."" '1I1-KG-DuT FoOD si/op GC/CI
Store-eG!el/ser./
conditional uses
Trueman Aspen Company feels that all of the requested uses
conform with the intent of the zone district and the
original intent of the City Council in designating the
parcel Specially Planned Area.
ilip Bloemsma, Agent
.~) ()
... ':;:0
~...
'~~ 't'
. .
. ..
., .
I
.
I
Ci
I
i
".
~.~
~. ~..,.
"'
C> z .
i' 0 <'
r ~ C>
'" C>
"' , r
" '"
iii <:: "
~ " <::
m "
" : m
'" m
'" ~ ~ ~
~ [
t
i':z:
~;,'I ~~
;~-
f~
r ~
.. .~
;;;... '"
:i "
"
L
- ;--,
~f
J
. "'~\~/~i~~:~
, ...
~~l.?
<,
.;,.!::Si;J
""'7.~~'''~
~i
r-<J.~
~
,. '
'W"~
.,:\<';.
"'XV'-
or.... _'.'
..
~-
a-i5'
11- ~
~g:g~
~i~
.
~- f~
"
>:r:.
.,. fi ~
\'1'; "
I~-
~ ; ~
E ~ ~
~~
?:i
_0
"
..
.
GARMISCH STREET_
:.
F
o.
.
o.
,.
i
,
'f.
-~ -
<
'~ .' ",""'-'" ",,~'iI:< ~'~.~
;i'~il,'." .Ji~: ;;;i '11' ". . '~ ~:.""'h
;.t~..... '-'1" 'if _'L.~ ~ ...- ~".
~. ,- /~.~ ~"--,.,.. ~.
i~~: j.zj!i''$~~ .r- l~ \
. .' 133~"'S..ONg?J~1~ ~,~:
'\tri\':i~':. ~,,~'t~ ~r.~.:t', ..e-;"-:
.~" itii:l.",'.-< :l:'''~ ;.)"'.
~:s1-s:x: ~'::'r!~ ~'1tl'\) ~="
,._~~~~)>- ,:..,....:."rn ...../." ~....
I:.~:'f(}r- V ~ ,} -4 iJ:...~'
'i';1:-,.j~....~ ,.f--;: .
....-:'-~~ 133~.LS a~l.t.tJ,
"'
~~\i;;
',"
'"
~
i~.'
~~':.
~{t*t
~.,.,.,
~
1
-,.;",',
'~~I
.;J....-t1
"-r-
f
ci" f
ti ~... -
. n- ..
~ .
.l33~lS I-IlttnO:J
~
"
,.
z
"
in
'"
~
"
'"
:
o.
~~~.J
.i -=-l
o .
, .
o!
1-5 ~l:fl:f
133tt
~'
,E_
'""" -,
..... ". "OJ
,''Uti ~
.,.... ~~':'s
31:jj.5 r',;._
13 ,-':
':II:i!=,
. ~
:~
r
_.~
~
"
.-
""';.:
~i-
'. -
o. -
i" :-
'7
~.
~
'E.
~
J
z
:{'
Trueman Aspen Company
300 Puppy Smith
Aspen, CO 81611
March 29, 1995
City of Aspen
Planning and Zoning Commission
130 South Galena St.
Aspen, CO 81611
Re: Trueman SPA Variance and Conditional Use response to
review standards.
Dear Commission Members:
Following is a response to the review standards of the P&Z
per attachment 4 of the conditional use and SPA development
application. Trueman Aspen Company feels that the
Conditional Use and SPA Variance are consistent with the
intent of the commission and council. Also the requests
are consistent and compatible with the character of the
immediate vicinity and enhances the mixture of the existing
uses.
The impact will be minimal. There will be virtually no
visual impacts and the proposed uses will require no
additional services or public facilities in order to
operate. The Trueman Center 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 any proposed use.
The Conditional Use and SPA Variance proposed by Trueman
Aspen Company are consistent with all standards and
objectives of the Aspen Area Comprehensive Plan (AACP). In
particular, the AACP suggests that the NC zones permitted
and conditional uses be revised. The uses will be a
convenience to the local community. They will enhance the
objectives of the zone district by serving the needs of the
local who requires convenience and ease with daily errands.
with this in mind, Trueman Aspen Company feels that the
proposed uses are appropriate for the Neighborhood Zone
District. Thank you for your consideration.
.J
~
Agent and Property Manager
.~
,r'a:~
--
,
Dt1
I
~I
I
/
!2
~
~
- -
~
,.
IT] \ I
, '
o (~ae 'I
CO. ( Q -
tJ . C""t:: I
\_ _ 1 -L _ . I
l --
-~-- 0- rl
, ~ ~ '"
~
~ _. gn
~: : n~ II ~
" :,d.J 3-~;i p ~~
~~~~~n~~5
<~.5{~3813
~
- ,
,
I ~~ ~ ta ~
I
.
'"
.......
<:)
~
....g
o
~
\n
()
C"'('
-
""it-
'c)
~
~ .~ I it
~ !~a~\O
~ r A ~ ~
~ \) f-~'i
8'\' I I ~
-r: c a~
t""'\
v
o
Shae singer
Sashae's
l32 Midland
Basalt, CO.
Ave.
8l62l
March 7, 1995
RE: Shop in Trueman Center, Aspen
Dear Shae,
I appologize for the tardiness of this clarification letter.
As you and I had discussed with Community Development Director Stan
Clauson last fall, the Planning Office made the determination that
your business in the Clark's Market plaza is being classified as
a beauty shop. It is therefore a permitted use in the NC
Neighborhood Commercial zone district. This determination was made
based on your representations that one of your principal focuses
is the sale of beauty related products such as lotions, fragrant
and massage oils, soaps, etc. We discussed the potential of sales
of live plants and garden related wares. However, that type of
florist/nursery use is not currently allowed in the permitted or
conditional uses of the NC Neighborhood Commercial zone district.
The Planning Office will assist you in processing a code
amendment for the florist/nursery use in that zone if you or your
landlord wish to pursue such an amendment. Please let me know if
you would like to set up a meeting to discuss costs, timing and
related matters. My direct line is 920-5l00.
sincerely,
Kim Johnson
Planner
cc: Phil Bloemsma
300 Puppy Smith
Aspen, CO.
"",,,
...."""
'-'
Sashae Floral Arts and Gifts LTD.
132 Midland Ave.
Basalt, Colorado 81621
303-927-3551 1-800-828-9962
To The City of Aspen P&Z
Kim Johnson
Sept. 26,1994
The following is a proposal and business description for the space
205 currently occupied by Mailbox Ect. at the Mill Street Plaza on
Puppy Smith Road.
As a long time (15 years) local, it is my intention to create a
business that serves other local residents of our town and valley
with reasonable price goods and services. To this end I established a
small retail shop in Basalt (opened 6 yrs.), to discover what items
and services our locals needed and wanted. One thing I learned was
that an "upvalley"store that could supply items of beauty at a price
that locals could afford was a definate need, as most people seem to
work in Aspen and commute "downvalley" ,missing the more
affordable priced stores due to the lateness of the hour.
The location at Mill Street Plaza is the most reasonably priced
location available and is also the most suited to provide services to
our local population. What is left to decide, is how to categorize the
shop we intend to open so as to comply with the zoning of our local
shopping area.
At Sashae in Basalt we currently provide a wide range of beauty
products, including such items as locally made soaps, body lotions,
creams, shampoos, books that detail beauty care, aromatherapy,
mental health, physical health, home decor, flower arranging and so
much more.
Our desires at that store and our new one scheduled to open in
Aspen Nov.l, is to provide a store filled with items of beauty both
for the person and the home. We will endeavor to continue to use
local artists and craftspersons and providers of items of beauty for
our shop of beauty.
-
,
-,
-
Because of the cloudy areas of what type of businesses can operate
in this neighborhood shopping area I request that we be allowed to
open as scheduled as a "Beauty Shop"and for determination of what
exact categories business fall under to be named at a later date. I
cite on my behalf the ability for a photo store, not listed as a
permitted use but highly traffic by locals, a Bagel Shop that sells
soups and salads as well as packaged goods listed as a food store , a
lock smith not listed as a permitted use ,as examples of much
deserved leniency to serve a local population.
To give a more detailed description of our intended shop:
The walls will painted with a faux finish to create a warm homey
feeling. Furniture will provided by Horsefeathers (an Aspen resident
who builds and paints her own items) for display use, and
supplemented by antiques as needed by Treasures and Trinkets an
Aspen consignment store. We will sell soaps, lotions, creams, oils,
books, flowers to enhance the home, candles, picture frames to hold
beautiful memories and other items intended to create an
atmosphere of beauty in your home and surroundings. Most
importantly we will provide these items of beauty at affordable
prices. I would also like to point out that all of these items are
currently being sold in some capacity at most of the stores at the
Mill Street Station. The store will be staffed by locals, one whom
was born and raised here, my mother, and shared employees from our
Basalt store.
I request your help to expedite this matter and allow the opening of
our store.
Sincerely,
JA{~
Shae Singer
c
o
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5439
April 9, 1995
Philip Bloemsma
Box 5081
Aspen, CO 81612
Re: Trueman Lot 1 SPA Amendment & Conditional Use Review
Case A40-95
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, May 2, 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 lelter. After that the agenda date will be considered final 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 you 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 affidavit as proof of mailing
prior to the public hearing.
If you have any questions, please call Kim Johnson the planner assigned to your case, at 920-
5100.
Sincerely,
)ZUf'4~
Suzanne L. Wolff
Administrative Assistant
apz.ph
c
o
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5439
MEMORANDUM
TO:
FROM:
RE:
Zoning Officer
Kim Johnson, Planner
DATE:
Trueman Lot 1 Conditional Use Review & SPA Amendment
Parcel ill No. 2737-073-51-701
April 9, 1995
Attached for your review and comments is an application submitted by Trueman Aspen
Company.
Please return your comments to me no later than April 19.
Thank you.
._______..~_~. _._ _... ._'_. ..._ .~.c_'_'". ___._.....__. ...'.'- ."'-'--_~_____""..-__._ _
c
o
PUBLIC NOTICE
RE: TRUEMAN LOT 1 SPA AMENDMENT' CONDITIONAL USE REVIEW
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, May 2, 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
submi tted by Trueman Aspen Company, requesting approval of an
amendment to the Final SPA for use variances to the NC
{Neighborhood Commercial} zone district, and a Conditional Use
Review approval to allow a garden shop in the courtyard of the
shopping center. The property is located at 300 Puppy Smith st.,
North Mill Station; Lot l, Trueman SPA. For further information,
contact Kim Johnson at the Aspen/Pitkin community Development
Department, 130 S, Galena st., Aspen, CO 920-5l00
s/Bruce Kerr. Chairman
Aspen Planninq and zoning commission
Published in the Aspen Times on April l5, 1995
-----------------------------------------------------------------
-----------------------------------------------------------------
city of Aspen Account
pt-, Lp 13 Lt:ePY\Stf'..-D.-
n,,~d h '^-'-lj
cd I'G( c; )
()
~
g
Z N
W ....
Iii
ji~
~,~
a:o'rn
....t:c
~
j
"-
"--
'-S)
S2s
~
(
I ; t
-"',"-.
;27)7-o13-SI-10/
/-17'0-'1'''
Aspen/Pitkin Community
Development Department
130 South Galena Street
Aspen, Colorado 81611
(303) 920-5090
City Land Use Application Fees:
00113-63850-041 Deposit
-63855-042 Flat Fee
-63860-043 HPC
-63875-046 Zoning & Sign Permit
MR011 Use Tax
County Land Use Application Fees:
00113-63800-033 Deposit
-63805-034 Flat Fee
-63820-037 Zoning
-63825-038 Board of Adjustment.
Referral Fees:
00113-63810-035
00115-63340-163
00123-63340-190
00125-63340-205
ConntyEngineer
City Engineer
Housing
Enviromental Health
Sales:
00113-63830-039
-69000-145
County Code
Copy Fees
Other
~- '0
Name: I A l~n.k.h 'J L.; I oC .
Address: -"/OL) Pll..fJPl::.W"-t1h __
v
/
'-, ,ft;~
Phone:
-z0'-l0 -
--------.------
-----.----.-
, -ZO'-(o-
lotal________
Dale)1 ~~qC; Check:" GY7 ((U /
project:'-~M'4- L,!l /
/ Lj-.;;:T5P1tf('i;;: {fT[.J-Z
Case No: __.__
No. of Copies