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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. 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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.. 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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 /~. 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" 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