Loading...
HomeMy WebLinkAboutcoa.lu.cu.300 Puppy Smith.Trueman.A5-95 - ".... CASELOAD SUMMARY SHEET city of Aspen DATE RECEIVED: 01/19/95 PARCEL ID AND CASE NO. DATE COMPLETE: 2737-073-51-001 A5-95 STAFF MEMBER~ fir, V PROJECT NAME: Trueman Lot 1 Conditional Use Review Project Address: 300 PUppy smith. North Mill station Legal Address: Lot 1. Trueman APPLICANT: Trueman Aspen Company Applicant Address: 300 PUppy smith REPRESENTATIVE: Philip Bloernsma 925-8603 Representative Address/Phone: 300 PUppy Smith Aspen. CO 81611 -------------------------------------------------------------- -------------------------------------------------------------- FEES: PLANNING $ 1020 # APPS RECEIVED 3 ENGINEER $ # PLATS RECEIVED HOUSING $ ENV. HEALTH $ TOTAL $ 1020 TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: -.2L 2 STEP: P&Z Meeting Date Fd, :2/ , Iqr5 PUBLIC HEARING: @ NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES VESTED RIGHTS: YES NO NO DRC Meeting Date --------------------------------------------------------------- --------------------------------------------------------------- REFERRALS: City Attorney Parks Dept. School District city Engineer Bldg Inspector Rocky Mtn NatGas X Housing Dir. Fire Marshal _____ COOT Aspen Water Holy Cross Clean Air Board city Electric Mtn. Bell Open Space Board Envir.Hlth. ACSD Other X Zoning Energy Center Other DATE REFERRED: /1 Z) INITIALS: ~l.t! DUE:~lg ================d=============================================== FINAL ROUTING: Ittr"'AL DATE ROUTED: '3' 1-0. 1<;' INITIAL: ~ City Atty Housing City Engineer Open Space ___Zoning ___Env. Health Other: FILE STATUS AND LOCATION: - - MEMORANDUM TO: Planning and zoning commission FROM: Mary Lackner, Planner RE: Trueman Aspen company/ Pitkin county Bank Conditional Use Review - Public Hearing DATE: February 21, 1995 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The planning Office recommends approval of the Pitkin county Bank Conditional Use Review for a satellite branch office within the Neighborhood Commercial zone district. APPLICANT: Trueman Aspen Company and Pitkin County Bank, represented by Philip Bloemsma. LOCATION: Lot 1, Trueman Subdivision. The bank is proposed to be located where Photo Lab Express is currently located near Clark's Market. ZONING: NC - Neighborhood Commercial zone district. APPLICANT'S REQUEST: The applicant requests Conditional Use approval to place a pitkin County Bank satellite branch office in the NC zone district. This would be an operational office with teller functions and related customer services. This location would also have a walk-up night depository and an ATM. Please refer to application information, Exhibit "A". STAFF COMMENTS: Business and professional offices are conditional uses in the NC zone district. The City Zoning Enforcement Officer has provided the applicant an interpretation that this proposed satellite branch office is classified as a "Business and professional office" and is therefore subject to conditional use review. A copy of this letter is attached in Exhibit "B". The purpose of the NC zone district has been included in this memo to provide the Commission with some background. The purpose of the Neighborhood Commercial (NC) zone district is to allow small convenience retail establishments as part of a neighborhood, that are designed and planned to be compatible with the surrounding neighborhood, to reduce traffic generation, and mitigate traffic circulation and parking problems, and to serve the daily or frequent trade or service needs of the neighborhood. The Commission has the authority to review and approve development applications for conditional uses pursuant to the standards of \ -- - section 7-304: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area comprehensive Plan, and with the intent of the zone district in which it is proposed to be located; and Response: One of the goals of the AACP is to revise the permitted and conditional uses of the NC zone district so that only local serving uses are permitted. The purpose of the NC zone also emphasizes neighborhood services and the reduction of traffic. Staff believes the Pitkin County Bank conditional use meets this standard as a bank generally serves the local community and traffic trips may be combined to the post office, grocery store and bank all in one location. B. The condi tional use is consistent and compatible wi th the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and Response: The bank will be compatible with the uses and character of the immediate vicinity as the existing businesses in this area are necessity and convenience oriented. c. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and Response: The bank is proposed to accommodate an approximately 800 sq. ft. space. Pitkin County Bank has stated the following in the application materials: The satellite branch would be an operational office, and it would house two to four staff members who would handle a variety of duties, including new accounts, teller functions, certificates of deposit, and all related customer service. The branch would also include a walk up night depository and a walk up ATM. From this description of the proposed conditional use, staff does not believe there will be any adverse impact on surrounding properties by the proposed bank. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and 2 1; .-... .- Response: All public utilities and services are in place at the site. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and Response: affordable seeking to new square The entire Trueman project was required to provide housing when it was developed. Pitkin County Bank is occupy an existing space and will not be developing any footage. The Housing Office has reviewed this application and has determined that the proposed conditional use will not result in a need for additional employee housing. The Housing Office referral comments are included in Exhibit "Cu. F. The proposed conditional use complies wi th all addi tional standards imposed on it by the Aspen Area Community Plan and by all other applicable requirements of this chapter. Response: This use complies with the Aspen Area Comprehensive Plan and all other applicable standards. STAFF RECOMMENDATION: Planning staff recommends approval of the Pitkin County Bank Conditional Use review for a satellite branch office to be located in the Trueman Subdivision, subject to the following condition: 1. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the Conditional Use for a satellite branch office of pitkin County Bank at Lot 1 of the Trueman Subdivision." Exhibits: "A" - Application Information "B" - Interpretation by Zoning Enforcement Officer "C" - Housing Office referral comments 3 :J " ,.-"..... Exhibit A Trueman Aspen Company 300 Puppy Smith Aspen, CO 81611 January 18, 1995 City of Aspen Planning and Zoning Commission 130 South Galena Street Aspen, CO 8161 Re: pitkin County Bank Conditional Use Dear Commission Members: Trueman Aspen Company is sUbmitting an application package to the Planning and Zoning office in order to seek an approval of a conditional use in the Neighborhood Commercial zone district (sec. 5-212). The conditional use we are seeking is "Business and Office Professional". Trueman Aspen Company is requesting to use this permit for a banking facility. FOllowing are the attachments and information needed to begin the permit process: 1. The street address of the proposed site, located at lot #1, is: North Mill Station 300 Puppy Smith Aspen, CO 81611 2. The applicant is Trueman Aspen Company 3. The authorized representative Of the applicant is Philip B1oemsma, Agent and Property Manager. 4. Attached are the following: a. A disclosure of ownership by way of 93'tax notice b. A floor plan of the bui19ing indicating the proposed space (#211A) and a vicinity map locating the property c. A description of the proposed use from pitkin County Bank d. an explanation of how the use complies with the standards of the Planning and Zoning office. Thank you for your consideration in this matter. S' B1oemsma, Agent and Property Manager (. P ~ Trueman Aspen Company P.O. Box 5081 Aspen, CO 81612 January 18, 1995 City of Aspen Planning and Zoning Office 130 S. Galena St. Aspen, CO 81611 Re: pitkin County Bank compliance with P&Z review standards Dear Commission Members: The conditional use proposed by Trueman Aspen Company is consistent with all standards and objectives of the Aspen Area Comprehensive Plan. We are proposing a conditional use of "Business and Office Professional" for the use of a banking facility. The bank will be a convenience to the local community. It will enhance the objective of the zone district by serving the needs of the local that requires convenience and ease with daily errands. The conditional use is consistent and compatible with the character of the immediate vicinity and enhances the mixture of existing uses. The impact will be minimal. The banking facility will be operated by 2 to 4 employees. The Trueman building has mitigated its employee housing quota with 17 on site employee housing units. The shopping center has 110 parking spaces which is more than adequate to handle the proposed use. There will be virtually no visual impacts and the bank will require no additional services in order to operate. With this in mind, Trueman Aspen Company feels that the proposed use is appropriate for the neighborhood zone district. Thank you for your consideration. c- , / ') I I- .' ,/~ ". '.. ,.~,.."",. .. I , ~ 89& ~I . -ffoi j,oZ' I 17)Ol: Eae I. !>-Ic ;-~: 1--' gut: ,....]1 I : I I V/l~ ~-II I ! ____~ I I .' - l@J ~_J loE etlf r' II \c .' i' ~~,' ;:= ~~; I.h~' 11n fJ . ~ - " r~ " fi ~ L [1 :::.. ~~ .,' ,. .... . . '. "1~'r~f~-,.'~!!1.~~":";':?f~.;':m~---~-f.(i--4-~{~;v~T...~~~~~-:ri-~" I ; ~.. . . ..:...:,...::.~;:",-,..;.'.. ...., ;l'~ '~"lJl'~' . - :. . '; . .:,. ,~-t..,~s.'.J.t.<':.J1;~ ~ " r Ii;:'~~; ~...; ....~~;,'I i: "'n ",.......:.;,.\.,""',~,.....>;"'J, .~~~' ,....... ,. " f"~\"1' ~!lr~:~ i ~ '., ~,..:/..hil'. .~.:;;.:.)"it I" ~,.,..,,;,. ~ i:;.~:1~... .';1-...,.. j_ ......".~........-:'\ -t .::.r <""~.: ~f.;f.r.f( J ." '0 ..~..)..... ~.'::'/~/'\ L'~~- 6-.-....... t':J. . ~.:. : :!\-E:~ ......-:,. q'~" ,:; " . ..... ._......,(..o;--:-..c-.~..... 'I:r-....r,~ "wo.~1""11;' ~V>... .~ .' . '. -"~-'b~~~..,..''''~." '1.")< ..'ft< ~ " -""".' ~O" .'. 0 I ~ \;, . . ':.r;.'''':.~(;~h4''i-,~t" l.,.,,;,;:v.:li i~ p';.5-1;',t.' ..~::'~ij ~"A".':: ~ 1:$.~ ~. ~ II ' 00 .... .\.....:I.'"!I",(...-;. "111".~;'r..~. ~. ~..::;~~.... -;., ~'1"1. ',,~, , ..' ':.' .(.t"'~'l,;~+o,,-.,';.'l", ~ ~ ~. ...--::r: ",. ' /4 ... ::. 9 .:/,~t:f. ~:"'i'~"1J..~~1~~ ;....: .,,- . '. "'w::~~~. . ;t, I...~ ft,..:'t.'-'",:a:~'t.-:-+"'Jf~:.J,-~. .'-"; .;.. .OJi'" ..,-<......; ~ I)\\)]' j ':};:':,)~?:<']'}~~~~~~(7.;rj~' .~': r;i~'~~l~~~:e,:,;,~, ~ 4 ,'" j.-a'.' _.;# @ 4 . .~ , -~.~; ....I'~h ~t:r . . 'i 4>( ~~,.,:' -; ~h' ,~:. }'" , '<j!~ :1!i:L~' './'l\'~ ..... to, - .' <f;f' ~ s;~~~;: ~. !A~1 dt~ if .~.P"J~G ;:; ~ ~f',~ {J: ~ f ~.J .. "1'" tf'f;j~, i'''''t) j:~""~ "!.[!: .'!S'~'''' EEl j~~"t " t' c ~ c'- "./ 1-.:.'"':'). '.,_."2' I . '1' - ,', ~. . "!f' ,,' .' ."., > ,..}.......!" ....... (") if~~ , \-oj ., _.., ..., ,~c .....~~. '\:...:....' ':.. . :"S,.J....-( I"."v :.1:.'..01..... -... '" ~~'...:~ 1"1'~ 1~ ..'_ . ~ '. ',~ ::~:,. :......~.~:~:~~:~ .4., :..~', J~'.~ . '_:'.~, ~J)'~,~ f-~ .[ g :! l:! r . '. ...~..:.,.~ .,....i_, ~. '.{,'X ....;,' ttUtiTt: '~,.'....." .l.~ :':D #.. ... , . ',. '.'.~ ,~:,;. J'.,,~~~ ~ g'I;:q...~E~ .~.~ ~ "~~.eeT"'-i' ~;3 {~ .' ... ~~ '~'..~':: .:~s:"~~ .:'i.":~ ~ 't~' g.~'~ ~}:~::.:}:; ~" ;; ~ .~ I, " .'" ,..;;$.~:'" ~:;~. .J'''W'# '~tI'j t J''''J! '1 ~';.~ .~~ I~ ,;!t~.~ ~ I -, ..... ,.,. "., "'I"'" ~:-. < W f . . ~rn~' . ~. .' ~. r--<' i.t..'" ~,-; .ti'<....,!... ' .~~ l' a~ ~~..., . ~_GAl ~ . :m'" ::"::'1 I ~ ""'1.. .... .~~ :;I ,.' "'y..:;;~ ENA, T' ~ ....... 1~,~,~... ~"':'~-:-;. '@~I~:f;/ ~.;. I.t~.!:! ~. .'i.Jrt J';~:~~'; ~,',:.(f~",STR~ T. ': 1-1- i . !-....e~ . -l,rt. ,,1'-~ .. ~ . lj"9 ~''6'~ !\:f' ,,'011, ~,.,.""",.. f ~ <> F ....'!$; '''oJ..,.. """.3'~""" . '!;. l'%~!ll; ~.;:l;!:O;~ O:-f,;'~ ~'~,. . k.. ",. ~ 'fl'.1 ~. " ........ t ~ ~-.": ,'!': ~'--:"'l='. .~~; 0" ;;;.... '" ~ ~ ~€ -. ~. _ ,e:;. -I' ~. . ."-'1 ;,c ,'fI; '".10 .,~ i.,' .;>~. ". ~. ~ I /)4 .r..,W ". il:.6)~ c Ii I[]I (._'1. ~.~ f'~ ...:"-~.r "";;t;: !! .. "":'~'~~~~: ~~~~~d :. ~ ~ ~i '~'1~ i::, ~J~ '~~',LJ.,;,.STREE~'''' '.\.': 'r [-~.~. ~ ! \;,,~)''';':.1~..., ~..-~ ~'" ='1: 1 "'. ~.~i~"'",,~'.''''. ........ .i" .' .41._1,4 ,. ..:L.C ~i! .' . '=l. Pl:.,.,.... ~ .... ..,~ ..--,.... .,.. ....:. lIt"! .. ~...~ ~ ~ ;;'1 $,e....~. t'-Ft-..Q ~ .... ....t.___:...~ ....~~ /'j'; "I .~': '; ~:, ':,,-1':.~,i' l ~; .. ~~\~~- ~: .:r~:.. !'!:i;.'~ ~ :'-'!';:~.,! .~,'::: = ~ ~~ I'"' "I'''' ... '.::- c.. ~'. -,' "'- ~ ,.;fS' ... It ::: 1_J'~.-;''j .:..~.~~V ~~M~ ... "t/);; '~:,_':: ~,:. ~:;;ji:":-FJ 1"i:: ~ " 'F.';~\ ,.;<..jt.W g",~W~:"'_' ~MONARCH. 5,T"EE,'" ., ~"'-~; /' ..........c. _.'tJta.."1!.~~~~~.h... ....0 ;p '. '...,.n = r A', _",~4. f;" fIi::f.~!l'l'~' ~~::.~i' . ;'.,1 ';\,::,,~ .:,~ fU:g, i' -,,' t ~ '-.~ _ '"~~~' 'ir:~1i'; 1!{ /~'''~}';- 14' ..... ~ >~';~m l"&'~'t). e-.;i 1 t O'~~, '~,p '- ( ',.'cl;":a:t..Z .,...mr:-3~ ~I::. ;';:J~~'~)' ~.; . ;. ~. ~ t~ S' -. -~., "'mi:~,;'~f..~....?l l~~ -i"\' ;--' -- ,.,,~~ ...t'_ -~,' , " ___' g-- "'.> ~t 30:': '~'...' ., '. .:-.:.c':-- -,:.;~... ....~ '; ,.,.' ~ ASPEN STREET ..r;; , .,. ;; ; 1 ;...i,':- ~''b':.... ... :.....~ ....... _ ..~Z . ..~'~ . - ~"""''-...t\:; ~ .;: F\~~ "," . ~,. - -- i~C- -~ _Cl ~....!,," I''':'''''~if;r.i '~~..i,;.,.:..r~fiY";.l;, .:,'.;t~.: .._c:::a. _? f~ '!;m r ~ !:;::, ,1 "':"'~""".#_' \<~"'..;tii';:--!';~:..z..L.7 ";~~i: . ~~.l> ~>~ . t ;" i ~ c I/~.:. :"''i:'' "',.~.' ".~,..,...'~:'!f ';'-'_' .i: -z ...~ ,.,' ~'t t > .... ~...,~. .,'.' ...... ~~'...... t..~~: ,,,,,..' .... ... ..I' 'L Z -:!r"" i.,' ...' ..' ~~~., ..t~. ..1;~; ': J _..~ (fJ ..~ - { (Jl ..-;.,. .' ,'l:'i;::'~' ~ ,e- -l GARMISCH STREET_ .. -l " ,,;.. . ",r ;;>t,.,,;:: ~. .~' l-!".":O"", :. _ . 9,4: . ...:~ ,~i.....AtI ......... <<.. ' .: m ~; (: .. "'4":'f""~~ ~",J.l~-;. S'';';:! "........:m t~ F e-'! . ~;~~:i/~ k%lI~ . .~: ,:~i~ ~~f: t ~ ;0 ...-~ -;);,/.. . .1.331:HS lS~H~ :E ~ ~~:~.. ~!,J;~ ::;. ..;. .:' ~.;:. .;.:~;'" 1f;"t4:< ii:~.; .:-_ 0')' ~ .~r.'-l.. ,'." ,:r(.~~.' .....";~ ~,.." c:..'~;'''';~ n'''.''i' ;.:- 4~'", ~;.:.'Hli.io:l a", ~~ . ~ .......,;~ "",..\'~.~t "":t':1~j1"I'4~~' l"N '. ;'.iif': ~"",,:~', H~~:; ~~J,,"f.'(~ S .-:r _~.-i ~':. >'.4 I... ~.f l-';;-~'~",; ,':',...\.....l,,,,1"":'~ ~:.....-"'.: ~r. ", ~; """,.". ",.1"'1"'. ' ~ ~. ~?~:,,'.iJ ~,::. l~~~~lS ON003~, ~-...;:~1 , .: .~,.. . ~~.,-r "k~;' ~fL~~,pl ~~:'::.~.;,;l:';',;~ .~~ ~ ....:1...,3... "'t,,~2~ '''"~'.~? i(.:~.;';-t r:t',;",.~ ~.~., .. ~~",,,,,:' . ~ ,...~f~ ~J.j.~~~ ;;:~f1.:.~~ >:'.,.~;:,I~~ 'ii<" ) .u- /'~J- ~~ '1~ .~'~i~~':, , . {..... . I .,.'.... "?'.J :~H.. r~'? ..It;.';.;, ~1!r~~~:r-:-'-l PO/' ~- ,~'" :i.........J t . '; -. '-'" :..... '>'. ..~ . S otutd, If ., :::,'.., . ;';." ""'~".'t/) J.:E~~l .'. .;. t.-.-i 4'" w;'::~~r:~ as ~ ') ,n :5 ~ .... ; I:~ ~ ~ ~ .~ ~33"'5 ",~n~' ~ :~ ~~.~. ~ X ~ ~ . ~~ _ ~ c;.: ; ~ .. .t! . ~ (/I ~ ;; . ~ ", -l j1"I' ,. . ~ m ~ ..-4 ", -l l"O ~ .- 5 ~1::1I~ .. ,~ ~ a ..-4 133t:11- '85 .. oJ. ~ ~- ~. '~.' , I I. '. ! r \ ~ ....'.. '- i.Q;', 'i,,",t,'-i} ~"'.- ,"., ,- -..".", ~~Jo.J f~~:.-~~ _ "'f ....1 ., ~ . .......~. I I $;. Q f-L ~. >- -../ -< ~ ~ Z , :K~lii ~~<Ei. ' : '51 ; .;, ,-.... ~;',;;5, "'3~J.S "',:. 1::0 ,.' . ai!!'. H , r . J ~ . "~~,':~:1~~~.~~; :~t;t I d ~~ January 18, 1995 City of Aspen Planning and Zoning Commission Members Dear Members: This letter is to express Pitkin County Bank's desire to locate a satellite branch at the Truman Aspen complex at 300 Puppy Smith Street, Aspen, Colorado. The bank would lease approximately an 800 sq. ft. space located in the complex next to Aspen Wine & Spirit. The satellite branch would be an operational office, and it would house two to four staff members who would handle a variety of duties, including new accounts, teller functions, certificates of deposit and all related customer service. The branch would also include a walk up night depository and a walk up ATM. Please review the attached diagrams for dimensions and an approximate layout of the space. Thank you, Sheila Babbie Assistant Vice President l '\ 534 E. HYMAN AVE. . POST OFFICE BOX 3677 . ASPEN, COLORADO 81612 . PHONU03/925-6700 G\ I [ I 1 [ -, 01 ~ c= - ... L "Ii u. N N L - I "Ii u. ~ ,..-.... c _ \) \ ExhibitS . January 4, 1995 ASPEN. PITKIN PLANNING & ZoNI~G DEPARTMENT Philip ,Bloemsma Trueman Aspen company P.O. Box 5081 ~spen, CO. 81612 Dear Mr. Bloemsma: I am responding to your letter to stan Clauson dated December 28, 1994. I consider a banking facility to be a business office under the definition of "Office" as stated in section 3-101 of the Land Use Regulations of the Aspen Municipal Code. Business and professional offices are classif~ed as a conditional use in the Neighborhood commercial (N/C) zone district in which the Trueman Neighborhood Shopping Center is located [Section 5- 212(C) (7) of the Aspen Land Use Code]. Therefore, a Conditional Use Review is'required to allow a business office. P,lease contact Kim Johnson or Mary Lackner, City Planners, at 920-5090 to schedule a 'pre-application conference. Conditional Use applications are approved by the Planning Commission and take approximately 5-6 weeks to process,. , Please contact me if you have any further questions at 920-5104. Sincerely,' ~~~ Bill Drueding Aspen Zoning Officer cc: stan Clauson, city Community Development Director 130 SoUTH GALENA STREET. AsrEN, COLORADO 81611 . PHO:,\[ 303.920.5090 . FAX 303.920.5197 \\ F'hnwdonrm'<1<\l1"'1""' ,.." ,," . Exhibit C MEMORANDUM TO: Mary Lackner, Planning Office FROM: Dave Tolen, Housing Office DATE: 14 February, 1995 RE: Trueman Lot 1 Conditional Use Review Parcel ID No. 2737-073-51-001 The applicant is requesting a proposed conditional use for a banking facility. The banking facility is to be operated by two to four employees. The applicant states that a previous mitigation of 17 on-site employee housing units will cover this usage. City Council granted final SPA approval on April 11, 1977 for the construction of 15,000 square feet for a food store; 10,000 square feet for service-related commercial uses; 11,208 square feet for employee housing and 2,000 square feet for basement storage. Section 7-301 (E) of the Land Use Code requires that the applicant "commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use." The proposed conditional use should not result in any additional employee impact, compared to the permitted uses. The current use of the space is a retail/service (photo lab). The proposed use as a business/office professional (bank space with 2 to 4 staff) should not require additional employee housing. referral\trueman\mit ,'" .' , \1 \ Exhibit A Trueman Aspen Company 300 Puppy Smith Aspen, CO 81611 January 18, 1995 City of Aspen Planning and zoning Commission 130 South Galena Street Aspen, CO 8161 Re: pitkin County Bank Conditional Use Dear Commission Members: Trueman Aspen Company is submitting an application package to the Planning and Zoning office in order to seek an approval of a conditional use in the Neighborhood Commercial zone district (sec. 5-212). The conditional use we are seeking is "Business and Office Professional". Trueman Aspen Company is requesting to use this permit for a banking facility. Following are the attachments and information needed to begin the permit process: 1. The street address of the proposed site, located at lot # 1, is: North Mill Station 300 Puppy Smith Aspen, CO 81611 2. The applicant is Trueman Aspen Company 3. The authorized representative of the applicant is Philip B1oemsma, Agent and Property Manager. 4. Attached are the following: a. A disclosure of ownership by way of 93'tax notice b. A floor plan of the building indicating the proposed space (#211A) and a vicinity map locating the property c. A description of the proposed use from Pitkin County Bank d. an explanation of how the use complies with the standards of the Planning and Zoning office. Thank you for your consideration in this matter. { ~, Property Manager Trueman Aspen Company P.O. Box 5081 Aspen, CO 81612 January 18, 1995 City of Aspen Planning and zoning Office 130 S. Galena St. Aspen, CO 81611 Re: pitkin County Bank compliance with P&Z review standards Dear Commission Members: The conditional use proposed by Trueman Aspen Company is consistent with all standards and objectives of the Aspen Area Comprehensive Plan. We are proposing a conditional use of "Business and Office Professional" for the use of a banking facility. The bank will be a convenience to the local community. It will enhance the objective of the zone district by serving the needs of the local that requires convenience and ease with daily errands. The conditional use is consistent and compatible with the character of the immediate vicinity and enhances the mixture of existing uses. The impact will be minimal. The banking facility will be operated by 2 to 4 employees. The Trueman building has mitigated its employee housing quota with 17 on site employee housing units. The shopping center has 110 parking spaces which is more than adequate to handle the proposed use. There will be virtually no visual impacts and the bank will require no additional services in order to operate. With this in mind, Trueman Aspen Company feels that the proposed use is appropriate for the neighborhood zone district. Thank you for your consideration. ! /)b,in r~ ' IJ~ P lip B' emsma, ~ Agent , ~~' r-- ~ ,-&: 0' I I I I 201 I I I 21"1 a~3 I I I 'I L-_ dt:J3 .20'1 _ . 1 II , 2tJ5 - - - r; 269 ~ 2CXs> , " I,' -T~I 1 I . ) " , .} , , GAAMISCH STREET.... ;' ! .~ , " . .. . .~ ,. ! . ) fIo!:JiJ,f 0)'~1"""" ~.~ ~ ~, .. ~~1i;iJ,'" "%t; ~~~:~~ ,'.-.';;" if ,!:~:: .. ... ...~ """".' ~' .'~;' \.~... ~"-'" [~~t <-""';$ '~<i': . ;; /: )(>00 j' f.'D- <. "' ,~ '" Cl " ; ,. f 0 c " ~ '" Cl n '" ~ Cl u; "' " ... ~ '" "' ;;; "' '" ~ ~ "' '" "' '" ~ '" ~ '" '" . '" '" m '" ~ '" ~ m '" .' ,<,'; -go ~ , . ~ 8' '1. ~ ," " , ~ '. " '. "' i,O-":{~:",:.j~~ .. "'"m ., - rn ~ " .. i! ~ o~ ~,' b'" 0;0 _ i-i.=-.. '. - tHt:Jno:j e. .. l.33t:J.l.S ~ ;:!. -'-~ . :;;. - .i.g! .. - . , . t:J.LS l-tl;jl::l .! ,33 .... =-- $:. , :2 ' 'Z ~ :r:. p !t ~.\ 1! ~ \1,\'.\ ~ a ~j,;~ -. ~ !. .. 1 -~ ~ ::I P ~ ~.. ~ fi ~ i. .". i.,' '~ '~ ::( \. ~ ... z ;.. '~<,~,Eii,~. '..:~]i ll~~ ~'} ~::-, ~;';('5 : "r" 33t:J15 ",,_~. .1. :,.. .:a:if. :~ :" , ,. ~. ::t' :::-;; ~ ~. '. ~ . ':.'S"~;\ ~ . "~J1' :,::~~~,v~'l ;....'-~~,,:.;:;1!!':; '~i~~;. "'. . ~. }.\.f; i;{~~' " '. . ,( I, January 18, 1995 City of Aspen Planning and Zoning Commission Members Dear Members: This letter is to express Pitkin County Bank's desire to locate a satellite branch at the Truman Aspen complex at 300 Puppy Smith Street, Aspen, Colorado, The bank would lease approximately an 800 sq, ft, space located in the complex next to Aspen Wine & Spirit. The satellite branch would be an operational office, and it would house two to four staff members who would handle a variety of duties, including new accounts, teller functions, certificates of deposit and all related customer service, The branch would also include a walk up night depository and a walk up ATM, Please review the attached diagrams for dimensions and an approximate layout of the space, Thank you, Sheila Babbie Assistant Vice President 534 E. HYMAN AVE. . POST OFFICE BOX 3677 . ASPEN, COLORADO 81612 . PH(~NE 303/925.6700 ....'-... "c"', .~, 0: i: ~ ." !!. ] N N i: ] P 0 0 - b '---'" Exhibit C MEMORANDUM TO: Mary Lackner, Planning Office FROM: Dave Tolen, Housing Office DATE: 14 February, 1995 RE: Trueman Lot 1 Conditional Use Review Parcel 10 No. 2737-073-51-001 The applicant is requesting a proposed conditional use for a banking facility. The banking facility is to be operated by two to four employees. The applicant states that a preyious mitigation of 17 on-site employee housing units will cover this usage. City Council granted final SPA approval on April 11, 1977 for the construction of 15,000 square feet for a food store; 10,000 square feet for service-related commercial uses; 11,208 square feet for employee housing and 2,000 square feet for basement storage. Section 7-301 (E) of the Land Use Code requires that the applicant "commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use." The proposed conditional use should not result in any additional employee impact, compared to the permitted uses. The current use of the space is a retail/service (photo lab). The proposed use as a business/office professional (bank space with 2 to 4 staff) should not require additional employee housing. referral\trueman\mit ExhibitS January 4, 1995 . ASPEN. PITKIN PLANNING & ZoNI~G DEPARTMENT Philip,Bloemsma Trueman Aspen Company P.O. Box 5081 ~spen, CO' 81612 Dear Mr. Bloemsma: I am responding to your letter to stan Clauson dated December 28, 1994. I consider a banking facility to be a business office under the definition of "Office" as stated in section 3-101 of the Land Use Regulations of the Aspen Municipal Code. Business and professional offices are classif~ed as a conditional use in the Neighborhood Commercial (N/C) zone district in which the Trueman Neighborhood Shopping Center is located [Section 5- 212(C) (7) of the Aspen Land Use Code]. Therefore, a Conditional Use Review is' required to allow a business office. P,lease contact Kim Johnson or Mary Lackner, City Planners, at 920-5090 to schedule a 'pre-application conference. Conditional Use applications are approved by the Planning Commission and take approximately 5-6 weeks to process: ' Please contact,me if you have any further questions at 920-5104. Sincerely, ,: ~~~ Bill Drueding Aspen zoning Officer cc: Stan Clauson, city community Development Director 130 SOUTH GALENA STREET. ASPEN, COLORADO 81611 . PHOM 303.920.5090 . FAx 303.920.5197 l'rint".! on "-'<i'daJ 1"1'" , , ---- "'""" "'-" '-.../ ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5439 MEMORANDUM TO: Housing Director Zoning Administration FROM: RE: Mary Lackner, Planner Trueman Lot 1 Conditional Use Review Parcel ID No. 2737-073-51-001 DATE: January 25, 1995 Attached for your review and comments is an application submitted by Trueman Aspen Company. Please return your comments to me no later than February 8. 11=ky"" /9 ( ,,/{;( vV '1 ~ D C rfliil/l1J c;l~ j\Q~ r;t I""'. "-" ~ MEMORANDUM To: Mary Lackner From: Chuck Roth (212- Date: February 21,1995 Re: Truman Lot I, Conditional Use Review There is a significant, existing site function deficiency at Lot I of the Truman Subdivision, aka Clark's Market, that has been noted by both City staff and the Neighborhood Advisory Committee, namely the lack of a sidewalk on their Puppy Smith Street frontage. The proposed bank use would result in frequent business customer visits. The lack of sidewalk on their Puppy Smith Street frontage has been noted to be a matter of public health, safety and welfare. The construction of sidewalk along the Truman Lot I frontage on Puppy Smith street would be completing a missing link in the sidewalk system in the area. This area has an extremely high average daily traffic count of automobiles and delivery trucks which further increases the need of that segment of sidewalk. The sidewalk would improve pedestrian circulation as well as pedestrian safety. The Engineering Department recommends that a condition of approval be provided that the property owner install a sidewalk on the Puppy Smith Street frontage of their property prior to issuance of a certificate of occupancy. o SM;". S\NQ{ 1~'0J't'...,..lJ I uPP'1 t'V\ 'of iv ~ of Asp"YI ~ 'bI~ , ~t( \\\')(()1I.' ,,>I' x."~ ~ ~Y" .,\/, Ji ,"t-'J- ~\Y \~ . ~ "'", f ,~I C,\ ,,l"'> IT' .1' / \,,-\)G( \!1\ ~ .~r \ ~ ,..\\ ,~" ~ . 'A.'<;' "u":, / ~~'~j I, ;y ~ ~ 0 " \J" ~ l ~'" .,).. VS"\ " cc: Leslie Lamont, Cris Caruso M9S,S6 Trueman Aspen Company pitkin County Bank Conditional Use ,,'..... "'"'\ ~ ....-- J. R. Trueman & Associates, Inc. January 13, 1995 City of Aspen Planning and Zoning Commission 130 South Galena Street Aspen, Colorado 81611 Dear Commission Members; J.R. Trueman and Associates, Inc., in its capacity as general partner of Trueman Aspen Co., an Ohio limited partnership, is authorizing Phillip Bloemsma to act as our agent in Colorado. Mr. Bloemsma's address in Aspen is 300 Puppy Smith Street, and he may be reached by phone at 303-925-8603. Mr. Bloemsma has specifically been requested to help obtain approval for a conditional use from the Planning and Zoning Commission so that we can lease a portion of our facility to a local bank. If you have any questions regarding Mr. Bloemsma's authority or our objectives, please contact me at 614-793-4618. Sincerely, CQ Colin Trueman Vice President Ips " '" PITKIN COUNTY TREASURER /', SECOrJO-HALF TAX NOr'rtE / STATErvENT OF 8ALA"ICE l7'd'E FOR hX YeAR 1'193 TAXPAYER NAME: REf1IT TO: TRUEMAN ASPEN co. A LIMITED PARTNERSHIP 94 ~OkTH HIGH ST., STE. 50 DOBLIN, OH 43017 PITKIN COUIHY TREASiilllR DEPARTMENT #0601 DENVER, CO H0292-JGU1 (303) 920-5170 ASSESSED VALUATION 1,245,060 SCHEDULE # 0/06710 --------------------------------------------------------------.-----------.----- PARTIAL TRUEMAN BLOCK LEGAL DESCRIPTION: TAX BALANCE DUE INTEREST 18,744.68 0.00 LOT 1 ------.-.---- TOTAL DuE 18,744.68 --------.-----------------------.---------------.-------------------------.----- PAY~ENT MUST BE POSTMARKED BY JUNE 15, 1994. INTEREST ACCRUES AFTER THAT DATE. CONTACT TREASuRER'S OFFICE FOR AMOUNT IF PAYING AFTER JUNE 15. TO SAVE TAX DOLLARS, PLEASE USE YOUR CANCELLED CHECK AS YOUR !~ECEIPT. / NO RECEIPT WILL BE SENT UNLESS YOU CHECK HERE. QC~\ )vIJ pLEASE RETURN ONE COpy OF THIS STATEf1ENT ~ITH YOUR PAY~ENT~ d; ~\,.~ r "',...... ,~., ......,.... ...,,,.... ASPEN/PITKIN PLANNING OFFICE Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Trueman Aspen Company (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Pitkin County Bank and Trust Conditional Use (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 77 (Series of 1992) establishes a fee structure for Planning Office applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs inyolved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project approval, unless current billings are paid in full prior to decision. '-.-; ,""'" '-' fk ,....., PUBLIC NOTICE RE: TRUEMAN LOT 1 CONDITIONAL USE REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, February 21, 1995 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, City Hall, 130 S. Galena st., Aspen, to consider an application submitted by Trueman Aspen Company, requesting approval of a conditional use review to allow a satellite bank branch in the Neighborhood Commercial (NC) zone district. The property is located at 300 Puppy smith street; Lot 1, Trueman. For further information, contact Mary Lackner at the Aspen/Pitkin Planning Office, 130 S. Galena st., Aspen, CO 920-5106 s/Bruce Kerr. Chairman Aspen P1anning and zoning commission Published in the Aspen Times on February 3, 1995 ----------------------------------------------------------------- ----------------------------------------------------------------- City of Aspen Account COf1J (-.0 pt~ IJLeun~~ I!-ZG(q> - '- ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 FAX# (303) 920-5439 :) January 25, 1995 Philip Bloemsma 300 Puppy Smith St. Aspen, CO 81611 Re: Trueman Lot 1 Conditional Use Review Case A5-95 Dear Philip, The Community Development Department has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application for review by the Aspen Planning and Zoning Commission at a Public Hearing to be held on Tuesday, February 21, 1995 at a meeting to begin at 4:30 p.m, Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date will be considered tinal and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems, The Friday before the meeting date, we will call to inform yuu that a copy of the memo pertaining to the application is available at the Community Development Department. Please note that it is your responsibility to mail notice to property owners within 300' and to post the subject property with a sign at least ten (10) days prior to the public hearing, Please submit a photograph of the posted sign as proof of posting and an aftidavit as proof of mailing prior to the public hearing. If you have any questions, please call Mary Lackner the planner assigned to your case, at 920- 5106. Sincerely, S~~lff Administrative Assistant apI.ph SPECIALLY PLANNED AREA DEVELOPMENT AGREEMENT LOT 1, TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT .f THIS AGREEMENT, made and entered into this / day of rJIIV'tMI:Xf , 1996, by and between the City of Aspen, Colorado, a Colorado Home Rule Municipality (the "city"), and Trueman Aspen Co., an Ohio Limited Partnership, (hereinafter "'frueman"). RECITALS 1. Trueman is the fee simple owner of Lot 1 of the final plat for Trueman Neighborhood Commercial Project, recorded April 8, 1977, in Plat Book 5 at Pages 70-75, Pitkin County records (the "Property"). 2. The Property is zoned S/C/I and NC and Specially Planned Area (SPA), as reflected on the plat. 3. Trueman and the city entered into that Subdivision Agreement for Trueman Neighborhood Commercial Project on or about April 8, 1977, which agreement is recorded in Book 327, Page 25, Office of Pitkin County Clerk and Recorder. 4. By correspondence dated March 28, 1995, Trueman submitted to the City a conditional use and SPA varlance application requesting that 17 uses be added as permitted uses to the property. 5. A duly noticed pUblic hearing was conducted by the Aspen Planning and Zoning commission on June 6 and June 20, 1995, to consider the application for SPA amendment, and the Commission's recommendations were forwarded to the Aspen city Council for consideration. 6. The Aspen city Council considered the Planning commission's recommendation and held public hearings on March 25, April 8 and August 12, and found that certain uses should be permitted on the Property as specified in Ordinance No. 8 (Series of 1996) entitled "An Ordinance of the Aspen City Council Granting a Specially Planned Area Amendment for the Trueman Aspen Co. to Add Several New Uses to the Approved SPA Plan," a copy of which is attached hereto and made a part hereof. 7. This Agreement is entered into pursuant to paragraph "6" of the Ordinance which requires that a new SPA agreement with the City be filed within 180 days from the date of approval by the City Council. NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained and the adoption of Ordinance No. 8 (Series of 1996) and the recordation of said Ordinance in the 1 111111I1111I11111111111111I11111111111111I1111111111111 411580 12/12/1997 01:54P PUD AGRE DAVIS SILVI 1 0' 5 R 26.00 D 0.00 N 0.00 PITKIN COUNTY CO Office of the Clerk and Recorder of Pitkin County, Colorado, it is hereby agreed as follows: 1. Permitted Uses. city and Trueman agree that the following uses are considered approved as "service related retail" uses on the Property, commonly known as Lot 1, Trueman Subdiyision SPA, and also known as Lot 1, Trueman Neighborhood Commercial Project, as appearing in the final plat for the Trueman Neighborhood Commercial Project, recorded April 8, 1977, in Plat Book 5 at Pages 70-75, Office of Pitkin County Clerk and Recorder: Bakery Barber & beauty shop Builders supply Cabinet sales & repair carpet/flooring shop Catalogue sales catering service Craft industry Dry Cleaning Equipment and goods rental (excluding sporting goods rental) Furniture store Hardware and home repair shop Key shop Laundromat Paint supply shop Plant supply and florist Pet supply shop Plumbing seryice and fixture sales Printing and publishing Radio station Shoe repair Small appliance repair and sales Teleyision service and sales The following uses are hereby added to the uses permitted by right on Lot 1, Trueman Subdivision SPA: Second hand store Office supply Children/toy store Bookstore Appliance store Arts and crafts supply store Lot 1 shall also haye the permitted uses listed for the NC and SCI zone districts, and is subject to conditional use reyiew for the uses listed as conditional uses in the NC and SCI zones. 2. Maintenance of Seryice Related Retail Uses. Trueman agrees that in order to maintain the balance of NC and SCI uses 2 11111111111111111111111111I1111111111111111111111111111 411580 12/12/1997 01:54P PUD AGRE DAVIS SILVI 2 0' 5 R 26.00 D 0.00 N 0.00 PITKIN COUNTY CO on the Property it shall maintain at least Ten Thousand (10,000) net leasable square feet for "service related retail" (SCI) uses. The remaining net leasable square footage may be utilized for NC uses. 3. Amendment to Final Development Plan. City agrees that this agreement shall serve as an amendment of the final development plan for the Property with regard to the uses and restrictions hereinaboye set forth, sufficient to satisfy the requirements of paragraph "6" of section 1 in Ordinance No. 8 (Series of 1996). 4. General Provisions. (a) Notice is to be giyen to the parties to this agreement shall be deemed given if personally delivered or if deposited in the united states mail to such parties by registered or certified mail at the address indicated below, or at such other addresses as may given upon written notice by the parties or their successors and assigns: If to the City of Aspen: Planning Director of City of Aspen 130 S. Galena Street Aspen, Colorado 81611 with a copy to: City Manager, city of Aspen 130 S. Galena street Aspen, Colorado 81611 with a copy to: city Attorney, City of Aspen 130 S. Galena street Aspen, Colorado 81611 If to Trueman: Trueman Aspen Co. c/o Colin Trueman 94 North High street suite 50 DUblin, OH 43017 and also to The name and address of the then owner of Lot 1, Trueman Neighborhood Commercial Project, as reflected in the records of the Office of the Treasurer, Pitkin County, Colorado, with regard to the mailing of tax notices with a copy to: Thomas R. Brownlee, Jr., Esq. Bricker & Eckler 100 South Third street Columbus, OR 43215-4291 3 1111111111111111111111111111111111111111111111111111111 411580 12/12/1997 01:54P PUD AGRE DAVIS SILVI 3 of 5 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CO with a copy to: Paul J. Taddune, Esq. Paul J. Taddune, P.C. 323 W. Main street, suite 301 Aspen, CO 81611 (b) Binding Effect. The provisions hereof shall be binding upon and constitute a burden upon the title to the property and shall inure to the benefit of Trueman, the city and their respective successors and assigns. (c) Applicable Law. This agreement shall be subject to and construed in accordance with the laws of the state of Colorado. (d) Severability. If any of the provisions of this agreement or any paragraph, sentence, clause, phrase, word or section or the application thereof in any circumstances is invalidated, such provision, paragraph, sentence, clause, phrase, word or section shall be seyered from the agreement and the remainder shall remain in full force and effect. (e) SPA Amendment and Conditions. This agreement contains the entire understanding and agreement between the parties hereto with regard to the implementation of the approvals set forth in Ordinance No. 8 (Series of 1996) and the amendment of the final SPA development plan pertaining to Lot 1, Trueman Neighborhood Commercial Project pursuant thereto, and City agrees that the recordation of this will be accepted as fulfilling the recordation requirements for the SPA plan. (f) Reasonableness. In all dealings with one another, in connection with all determination or interpretations that are to be made pursuant to this agreement, the parties hereto, their agents, employees, designees and affiliates and any third parties called upon to make any determination pursuant to the proYisions of this agreement shall conduct themselves reasonably, fairly and in good faith. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first written above. CITY OF ASPEN, COLORADO, a Municipal Corporation By: ~ 8~....fi:- J fin Bennett, Mayor ATTEST: 4 1111111111111111111111111111111111111111111111111111111 411e80 12/12/1997 01:e4P PUD AGRE DAVIS SILVI 4 of e R 26.00 D 0.00 N 0.00 PITKIN COUNTY CO TRUEMAN ASPEN CO. By: Jame R. Truema ociates, cr'Jl.ner .~ colin Trnem,n, ~reSident By: STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this ~ day of R~ , 199'$,.- by John Bennett as Mayor and Katherine Koch, as Clerk and the/city of Aspen, Colorado, a Municipal corporation. \1Nltn~~s my and official seal. My, commission expires: 0/:-11/CfQ J. \~lll"i ---,-1' ~(!~rtL/ " Po In\' Not~ Public /- f,' ,,(, ,: " Dr '.\ STAT,E,OF OHIO ,~ V,. COUNTY OF' f.eM,u".. ) ) ss. ) I.. The foregoing instrument ~ day of tJOv.....I3e'1t President of James R. Trueman Trueman Aspen Co. was acknowledged before me this , 1996, by Colin Trueman, as Vice Associates, General Partner of witness my hand and official .)Ly commission expires: " . seal. Brian J. Bleichrodt Notary Public, State 01 Ohio tr~~!~:; :',: ," -t,- .> ,:';.. .",.,(: (.:>:'," ~ .' ~ '.~ t., .,\", """ " C:\WP\PAUL\MS\TRUEMAN.SPE 5 1111111111111111111111111111111111111111111111111111111 411580 12/12/1997 01:54P PUD AGRE DAVIS SILVI 5 of 5 R 26.00 D 0.00 N 0.00 PITKIN COUNTY CO LAW OFFICES OF PAuLI. TADDUNE, P.c. November 5, 1996 323 WEST MAIN STREET. SUITE 301 AsPEN, COLORADO 81611 PAUL}. TAD DUNE, P.e. WILLIAM K. GuEST, P.C, OF COUNSEL ANDREW H. BUSCHER, OF COUNSEL Kathryn Koch Aspen City Clerk 130 S. Galena Aspen, CO 81611 Dear Kathryn: Submitted herewith in connection with Ordinance No. 8 (Series of 1996) and for signature by Mayor Bennett, please find "Specially Planned Area Development Agreement, Lot 1, Trueman Neighborhood Commercial Project" signed by Trueman Aspen Co. Assistant City Attorney David Hoefer has reviewed and approved the form and content of the Agreement. By copy of this letter, I am also forwarding informational copies to David Hoefer and Stan Clauson. Please proyide me with a copy of the fully-signed document after it has been signed by the mayor and recorded by the city. Thank you in adyance for your assistance in this matter. Very truly yours, PAUL J. TADDUNE, .-,----) r--..____\.__.. P.C. --- Paul J. Taddune PJT/rb Enclosure cc: Colin Trueman Philip Bloemsma Bo Brownlee c: \WP\PAUL\LT\KOCH. 114 SPECIALLY PLANNED AREA DEVELOPMENT AGREEMENT LOT 1, TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT ;-I THIS AGREEMENT, made and entered into this I day of tJCJ'ftM.iN.r , 1996, by and between the city of Aspen, Colorado, a Colorado Home Rule Municipality (the "city"), and Trueman Aspen Co., an Ohio Limited Partnership, (hereinafter "Trueman"). RECITALS 1. Trueman is the fee simple owner of Lot 1 of the final plat for Trueman Neighborhood Commercial Project, recorded April 8, 1977, in Plat Book 5 at Pages 70-75, Pitkin County records (the "Property"). 2. The Property is zoned S/C/I and NC and Specially Planned Area (SPA), as reflected on the plat. 3. Trueman and the city entered into that Subdivision Agreement for Trueman Neighborhood Commercial Project on or about April 8, 1977, which agreement is recorded in Book 327, Page 25, Office of Pitkin county Clerk and Recorder. 4. By correspondence dated March 28, 1995, Trueman submitted to the city a conditional use and SPA yariance application requesting that 17 uses be added as permitted uses to the property. 5. A duly noticed public hearing was conducted by the Aspen Planning and Zoning Commission on June 6 and June 20, 1995, to consider the application for SPA amendment, and the Commission's recommendations were forwarded to the Aspen city council for consideration. 6. The Aspen city council considered the Planning Commission's recommendation and held public hearings on March 25, April 8 and August 12, and found that certain uses should be permitted on the Property as specified in Ordinance No. 8 (Series of 1996) entitled "An Ordinance of the Aspen city Council Granting a Specially Planned Area Amendment for the Trueman Aspen Co. to Add Several New Uses to the Approved SPA Plan," a copy of which is attached hereto and made a part hereof. 7. This Agreement is entered into pursuant to paragraph "6" of the Ordinance which requires that a new SPA agreement with the city be filed within 180 days from the date of approval by the city council. NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained and the adoption of Ordinance No. 8 (Series of 1996) and the recordation of said Ordinance in the 1 -. Office of the Clerk and Recorder of Pitkin County, Colorado,' it is hereby agreed as follows: 1. Permitted Uses. city and Trueman agree that the following uses are considered approved as "seryice related retail" uses on the Property, commonly known as Lot 1, Trueman Subdivision SPA, and also known as Lot 1, Trueman Neighborhood Commercial Project, as appearing in the final plat for the Trueman Neighborhood Commercial Project, recorded April 8, 1977, in Plat Book 5 at Pages 70-75, Office of Pitkin County Clerk and, Recorder: Bakery Barber & beauty shop Builders supply Cabinet sales & repair Carpet/flooring shop Catalogue sales catering service Craft industry Dry Cleaning Equipment and goods rental (excluding sporting goods rental) Furniture store Hardware and home repair shop Key shop Laundromat Paint supply shop Plant supply and florist Pet supply shop Plumbing seryice and fixture sales Printing and publishing Radio station Shoe repair Small appliance repair and sales Television service and sales The following uses are hereby added to the uses permitted by right on Lot 1, Trueman Subdivision SPA: Second hand store Office supply Children/toy store Bookstore Appliance store Arts and crafts supply store Lot 1 shall also haye the permitted uses listed for the NC and SCI zone districts, and is subject to conditional use review for the uses listed as conditional uses in the NC and SCI zones. 2. Maintenance of Service Related Retail Uses. Trueman agrees that in order to maintain the balance of NC and SCI uses 2 " on the Property it shall maintain at least Ten Thousand (10,000) net leasable square feet for "service related retail" (SCI) uses. The remaining net leasable square footage may be utilized for NC uses. 3. Amendment to Final Development Plan. City agrees that this agreement shall serve as an amendment of the final development plan for the Property with regard to the uses and restrictions hereinabove set forth, sufficient to satisfy the requirements of paragraph "6" of section 1 in Ordinance No. 8 (Series of 1996). 4. General Provisions. (a) Notice is to be given to the parties to this agreement shall be deemed given if personally delivered or if deposited in the United States mail to such parties by registered or certified mail at the address indicated below, or at such other addresses as may given upon written notice by the parties or their successors and assigns: If to the city of Aspen: Planning Director of city of Aspen 130 S. Galena street Aspen, Colorado 81611 with a copy to: City Manager, city of Aspen 130 S. Galena Street Aspen, Colorado 81611 with a copy to: city Attorney, city of Aspen 130 S. Galena Street Aspen, Colorado 81611 If to Trueman: Trueman Aspen Co. c/o colin Trueman 94 North High Street Suite 50 Dublin, OH 43017 and also to The name and address of the then owner of Lot 1, Trueman Neighborhood Commercial Project, as reflected in the records of the Office of the Treasurer, Pitkin County, Colorado, with regard to the mailing of tax notices with a copy to: Thomas R. Brownlee, Jr., Esq. Bricker & Eckler 100 South Third street Columbus, OH 43215-4291 3 , with a copy to: Paul J. Taddune, Esq. Paul J. Taddune, P.C. 323 W. Main street, suite 30l Aspen, CO 81611 (b) Binding Effect. The provisions hereof shall be binding upon and constitute a burden upon the title to the property and shall inure to the benefit of Trueman, the city and their respective successors and assigns. (c) Applicable Law. This agreement shall be subject to and construed in accordance with the laws of the state of Colorado. (d) Severability, If any of the provisions of this agreement or any paragraph, sentence, clause, phrase, word or section or the application thereof in any circumstances is invalidated, such provision, paragraph, sentence, clause, phrase, word or section shall be severed from the agreement and the remainder shall remain in full force and effect. (e) SPA Amendment and Conditions. This agreement contains the entire understanding and agreement between the parties hereto with regard to the implementation of the approvals set forth in Ordinance No. 8 (Series of 1996) and the amendment of the final SPA development plan pertaining to Lot 1, Trueman Neighborhood Commercial Project pursuant thereto, and City agrees that the recordation of this will be accepted as fulfilling the recordation requirements for the SPA plan. (f) Reasonableness. In all dealings with one another, in connection with all determination or interpretations that are to be made pursuant to this agreement, the parties hereto, their agents, employees, designees and affiliates and any third parties called upon to make any determination pursuant to the proyisions of this agreement shall conduct themselyes reasonably, fairly and in good faith. ' IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first written above. CITY OF ASPEN, COLORADO, a Municipal Corporation By: John Bennett, Mayor ATTEST: I I Katherine Koch, city Clerk 4 -. ..' TRUEMAN ASPEN CO. By: ociates, By: Trueman, V1ce res1dent STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing day of and Katherine Koch, as Clerk Municipal Corporation. instrument was acknowledged before me this , 1996, by John Bennett as Mayor and the city of Aspen, Colorado, a witness my and official seal. My commission expires: Notary Public ) )ss. ) STATE OF OHIO COUNTY OF r.e,w.u.,,,, I~_ The foregoing instrument was acknowledged before me this ~ day of !Jov".....tJeK , 1996, by Colin Trueman, as Vice Pres1dent of James R. Trueman Associates, General Partner of Trueman Aspen Co. witness my hand and official My commission expires: seal. Brian J. Bleichrodt Notary Public, Slate 01 Ohio N'~~~~~l::; C:\WP\PAUL\MS\TRUEMAN.SPE 5 I --~~...--,-_..-- Aspen/Pitkin Community i"2,.. , Development Department 2731-{) - 130 South Galena Street c;} _DO I Aspen, Colorado 81611 (303) 920-5090 City Land Use Application Fees: 00113-63850-041 Deposit .{)3855-042 Flat Fee '{)3860-043 HPC '{)3875-046 Zoning & Sign Permit MR011 Use Tax 11/0;70' GO County Land Use Application Fees: 00113-63800-033 Deposit '{)3805-034 Flat Fee '{)3820-037 Zoning '{)3825-038 Board of Adjustment , Referral Fees: 00113-63810-035 00115-63340-163 00123-63340-190 00125.{)3340-205 County Engineer City Engineer Housing Enviromental Health Sales: 00113-63830-039 .{)9000-145 County Code Copy Fees Other Name:..."L~a.':\.:Li1:i~o(" . Address: ~ "f J\J. H, f IL~1 . } Sf e :UL_ lJ 11 h / I i:4-Q..J:t-'::J.1.c, 17 -II 0 0 Total_rjD';;~OO Date: I /1'1 hs Check:..QQ.7..':f2.J project:..T..t:U.~.9-.12.Ei~ en, (1'ld,i..fD,:tJ.Q,cLJI~ Case No: ~:.:l!L No, of Copies :3 Phone: