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Home My WebLink Aboutcoa.lu.ud.Aspen Springs.27-81 , ?""""\ 1. DATE SUBMITTED: 3/:/)1 J fl . I I.J~ 2. APPLICANT: <f:efltlls ()/aJ STAFF: No. on-il ~; Ie.- ~fj (hId/I! f~nn~ ' CASELOAD SUMMARY SHEET City of Aspen 3. REPRESENTATIVE: (',M/"IM)), WJ.&4't,; ~ lIt) 7; b/~ ~.lIf~/ AfPl/Ji'1 , 9';$ 1999 . 4. PROJECT NAME:~i1 JfrJ'J1j-<J /JSe. ))e.'krm;lIlafi'lJ-..J 5. LOCATION: . I f)tb ftJST OFFICr;.) 1 C1lrY\e.~ ~~ 8fr\'~ '&1-re4; O\~ ~yY\M\ ~~ I Asf'N 6. TYPE OF APPLICATION: Subdivision Exception Exemption 70:30 Residential Bonus ____Stream Margin _8040 Greenl i ne _View Plane _Conditional Use _Other Rezoning P.U.D. Special Review Growth Management HPC tlre-ldum/llo';"w 7. REFERRALS: ~Attorney _Engineering Dept. _Housing _Water ~City Electric Sanitation District ____School District Fire Marshal _RoCky Mtn. Nat. Gas Parks _State Highway Dept. Holy Cross Electric _Other Mountain Bell ~f}~ 91.11 ) -. Q;1arBJ /9// I 8. REVIEW REQUIREMENTS: I"*" r-\ ('""'\., '",--- ~j ~ " "...., ,-, 9. DISPOSITION: P &. Z Approved Denied Date Counci 1 Approved Denied Date 10. ROUTING: Attorney Building Engineering Other ,~ ,r-\ f""\, ~ ~ ,......, .~ Aspen/Pitkin Planning Office 130 south galena street asp en, C 01 (I r a d (I , 81611 ~ May 4, 1981 Peter J. DeMuth 40 Cooper Place Carbondale, Colorado 81623 Dear Pete, This letter is in response to your letter of April 24 requesting a clari- fication of the Planning Office position regarding your proposal to place a hot tub facil ity on the upper deck of the Golden Horn Buil di ng on Mi 11 and Cooper Streets. As your letter states, we have three major concerns with this pro- posal. 1. There two permitted uses in the CC zone - open use recreation site and recreation club - which might apply to your proposed project. Our inter- pretation of an open use recreation site would be an open area containing play facilities (i.e., a ball field). We interpret a recreation club to be one which is primarily (not exclusively) membership oriented, such as The Aspen Club, rather than one which draws most of its business off the street. Clearly the nature of the clientele and the impacts of operating such a business would differ for these two population groups. For your information, The Aspen Springs Club application for conditional use review in the C-1 zone will come before the Aspen Planning and Zoning Commission on May 19. At that time, we should get a better reading of P & Z's position on this very issue. I think you should also be aware that the other main point of contention which has emerged during the review of this application has been the Environmental Health Department's concerns with state regulations regarding swimming pools. I would suggest that you attend that meeting before proceeding with your request. 2. Based on a very preliminary review of your conceptual proposal, we believe that it would be extremely difficult for you to develop a hot tub facil ity that woul d fit withi n the exi s ti ng archi tectura 1 fabri c of the Cooper Street Mall. Therefore, the Planning Office would, most likely, recom- ment that the Historic Preservation Commission deny your request based on its architectural compatibility with the surrounding area. It is the opinion of this office that the placement of hot tubs on an open deck on the central mall would be out of character with its pedestrian character due to the visi- bility of the steam and bodies associated with the operation of your proposed business. 3. The Municipal Code requires that ~ expansion of the commercial use of the property would necessHate a recalculation of the FAR for the entire " , i""". Peter J. DeMuth Hay 4, 1981 Page Two ~ building. If the proposed use would cause this building to be nonconforming as regards FAR, the Planning Office would have no choice but to recommend denial of your application. Pete, I would remind you that these comments represent only staff- level analysis of your questions and do not necessarily represent final policy determinations. Your best procedure for getting actual arbitration of this matter would be to submit an application for a use determination to the Planning Office. . We would make a zoning interpretation and take it to P & Z which would be the appropriate body to recommend approval or denial of your request. If you have' any questi ons pri or to submi ssi on of an app 1 i cati on please do not hesitate to call on me. AR/jlw Si ncere ly, ~~ A 1 an Ri chman Assistant' Planner ,- ~, MEMORANDUM TO: Planning Office Staff FROM: Colette Penne RE: Interpretation of "open-use recreation site" as a permitted use in the C-l and CC zones DATE: May 11, 1981 In evaluating the Aspen Springs use determination, the question arose as to whether an "open-use recreation site" was meant as a non-club (open use being open to the public rather than membership only) or whether it was in- tended to be open in terms of open-air, outside use. I called Sandy Stuller since she was the City Attorney when the wording was drafted and she said the correct interpretation has nothing to do with membership or non-member- ,ship, rather "open-use" refers to a park, playground,_outside tennis or racquetball courts, etc. The recreation site is ~on~housed in a building. r"\ ASPEN+PITKIN \ii',)"''rl15'l1lW~~ ENVIRONMENTAL HEALTH DEPARTMENT'" ,"..\ ' APR231981 e "~?f.N I PITKiN CO. h.AW~ING Ot~ICf r" "'MEMORA.'lDUW' TO: Collette Penne, Planning Office Tom Dunlop, Director of Environmental Health (S1) FROM: MTE: AprH22,1961 RE: Aspen Springs It 1. difficult to submit a detailed r~lew of the Aspen Springs proposal. This is in part due to the incompleteness of the plan. Specificslly, detail. are miasing which are governed by the Colorado SIrl1lllll1ng Pool Regulations covering flow diagrams, mechanical schematics, disinfection, pool construction, interior rOOll1construction, ventilation, lighting, etc. Further, with the proposal to include music in each room, there is no discussion concerning compliance with the City of Aspen Noise Abatement Ordinance. In concept the propossl will be recommended for approval hy this office. Thi, rec~ndationwi11heconditioneduponeOlllJl1ianee"'ithal1apPlicehbordinanees and regulations. It ia the intent of thiB office to request State Health Department review of the final plsns due to innovative designs Such as Ozone disinfection of water and addition of ~inersls to the water. This additional review process will consume two week~or ~ore in addition to local reviews by the Building Depart~ent, Environmental Health Department and Planning Office. To continue, detailed plana must be submitted which address the juice bar area. This is a requir~ent of the Colorado Food Service Rules and Regulations. This review will be perfo~d without state assistance by thia department. 130 8guth ~.... 8t.....' ~n, CO......-.:lo 81811 303/BRI5-RCRO ~ ,-, ....ln~\iG'g~\lr:'\;;' ~ to. ~);~ .:;:, - l' ,:";:~ ~ \,,:/"~~"! . '.'..','....,'_..........."~ll,...:ll. (,'i/ n" I ~t~ APR 221981 ,I ASPEN I PITKIN CO. .,'" Plf~NNING OfFICEl/ MEMORANDUM DATE: April 21, 1981 TO: Colette Penne FROM: Paul J. Taddune RE: Aspen Springs - Use Determination Whether the applicant's proposed use constitutes a per- mitted use in the C-l zone is a question of fact which the P&Z can help in deciding. If the Aspen Springs establishment is not primarily oriented towards serving the tourist population, it appears to me that a liberal reading of the permitted uses in the C-l zone would allow the use proposed by the applicant. PJT:mc r ~ .~ ~. tilE tvl OKA-rJ ~.l.AM :: ...~PjQ0MJDJ?cn/Q~h1j.Si~ frO",,:. &kL Rn j Vo.."" nher-Ofe ~ " fL,:' ~fPL"-;;Pn"'ff . -l{", ~krr;1"klR-h 071 1~ " yJpr-i/ lie>} rlSI t>'nJn !~-J 6m~J ~o~f,6n' QU~$+Ofr~$;~ (~f*ti'Q.:s:t aodimQ,A~ 10+ ~'{1c:- . . ~~;;T<foJ!~.~ C<m:1~;J~;~io~. U~"I 1. t~..1,:_X:e.od-;~oJcJ~ L0~C-1 CkvnVlAQ.rq{k (~. I:I .. ~ G".~..'...'.~..i"..'....' ...'......"'71- .... ..........,.,..."',~... fu......'.'..-#..... h)s'~'(JU)'tt";..."..' . ..d<.. ~.'. ..if:. . .... ... "~~c;fpllCJ:>JdlJ.B.. ..~J I .[,eSQ I ~4i~';s.R~1 . u~ /V\~.Q-I..3i!:~,I's Ql~-+;o-/1 i ' wkt'vl ilu---f>1~ ~<>-CD~f in ~dj i . =st.'.' ..~.....'.. ...... ,.. ~.'... ..............'.... '. , ,$po .... "'. .4.....S-.S:..~... ..... ...' ...i:J~ .. ..1f '"..nd-F~J\;\-Q6~.h-Hd -k-0~~ ~..pp;~~dl.kid-~~o:h=" ,+ CXc .... . -to~-tko::P- 0-- J; ~ ~;~ ~tk=~;~ tc~ ;""i-h.-<1-1 ' .0 ~.wotAldoJl~.~ Q~ rp.o~J f~~o.ppl;~+ 'I 1 I . i r i t 1:11 I i ~ /'---'1\\ .J;N V, /?OrJ /... f.J~TN ' I r . I' lir Il I I' L tl09tJ~lN(',-()El"'J(e <'1f>1f>1~, ;,'M '. l.'i.'...;'..'. {' ,:l H t: I, ; i,.' '- l, \~~ , "i '.", !'t, 1 "~ " j ~- 'I' 1,( , I I' I, 1! ~ I, i' 11'\ .!,t:' 11. 2; II K~L lip, IF ;;l! '/ \ '----,i,);:;;:,j PAULJ, TADDUNE City Attorney DATE: TO: RE: ,'-" ,'-" 130 s (303) 925- 2020 Extension 220 "~ i' f; ;I MEMORANDUM r-1" -, -,,- _'_.,~::"\ S":dr: '- e'\" "-;,lll"ll p,,:::.~ ",". .:: q ,I ' , , I ' , " ;:. ilpp 10 1981 i'll; :ii,,,, Ii"\" , "IL;' ,,",,,,,' ,'WI '~~'-'-"'_~_'."_r-___._../:---./ , ASPEN / PiTKIN CO, Determination' iNG OFFICE April 8, 1981 Colette Penne Aspen Springs - Use Whether the applicant's proposed use constitutes a permitted use in the C-l ZOne is a question of fact which the P & Z can help in deciding. If the Aspen Springs establishment is not primarily oriented towards serving the tourist population, it appears to me that a liberal reading of the permitted uses in the C-l Zone would allow the use proposed by the applicant. PJT:~"- ,-.... ~\ MEMORANDUM TO: City Attorney FROM: Colette Penne RE; Aspen Springs - Use Determination DATE: Apri 1 1, 1981 Attached is an application requesting interpretation of "commercial service/ open use recreational club" as a permitted use in the C-l zone. The applicant, Dennis Olds, has chosen the old post office site, on the corner of Spring Street and Hyman Avenue. Please review this application and return any comments by Wednesday, April 15. This item has been scheduled to appear before P & Z on ' May 5, 1981. Thank you. ,-. '"'I (holies D. Fagan, Esq. Counsellor/AtTCXT"ley or law PO Do>. 1107 616E. Hymor1Ave ~,Ccatbtl 00J/925-1Q9Q March 27, 1981 Planning & Zoning Commission City and County Planning Department 130 South Galena Aspen, Colorado 81611 Dear Members of the Planning and Zoning Commission, The applicant, Aspen Springs through its attorney requests your interpretation of permitted uses set forth in 524-3.2 of the Aspen Code insofar as they relate to C-l, commercial zones. The applicant proposes to conduct the following C-l commercial service/open use recreational club. The operation 18 designed to offer men, women and children a carefully monitored and environmentally balanced atmosphere in which they can shower, bathe, relax in hot tubs and change clothes. Additional services will include a general recreation area (possibly a weight room), suanal a cold plunge, lockers, showers and attendant toiletry acilities. There will be a lounge for relaxing and cooling off, sweat rooms where individuals can go to lay down and relax and be covered by light linen sheets in order to rest, relax and purify their bodies through the process of perspiration. Personal massage therapy will be offered, providing therapeutic massages from professional masseuses. Absolutely no erotic massages will be offered or tolerated. If allowed, there will be a small juice bar designed primarily to provide the individuals with water and fruit juices to replenish the body fluids that will be depleted in a process of using the facilities. Eight individual hot tub areas will be open to the sky in all but the most inclement weather. One communal tub will also be provided. Four different types of music will be provided to each individual area. The operation will employ stata of the art water treatment facilities so that the water may be treated through an ,.. ,-., Pl.anning 6. Zoning Commission: March 27, 1981 Page Two ozone process and avoid the common problema and objectionable smell of chlorinated systems. The water provided to the tubs will be fortified with trace minerals necessary for efficient body chemical functioning which, through analysis, are found to be absent in the natural Aspen environ~t. These minerals will be absorbed through the skin and will therefore improve the chemical balance of the individuals who use the tuba. The operation 18 designed and intended as a facilley primarily marketed to and available for use by local residents. We intend to budget the operation based upon year around and repeated use by local residents. Tourists will be discouraged from using the tub through economic disincentives. Locals will be encoura~ed to use the facilities by being offered the servLces at substantially lower prices than the price the facilities will be offered to tourists. Additionally, locals may purchase discount use coupons. The marketing design of the operation is directed toward local residents who do not want to be or cannot afford to be members of e~isting annual membership health clubs. This will be combined with the offering of exercise classes and instructional classes on aerobics, diet and body chemistry. The facilities and services are designed to encourage locals to attend and use the facilities on a regular basis. The applicant hopes to provide the services for Aspen locals and residents who can use the services before and after they have worked in the City of Aspen area. We intend to encourage local workers who live out of town to use the facilities to bathe end relax before dining or attending various recreational activities in Aspen and thereby avoiding the necessity of driving to their out of town apartments or homes and then perhaps not returning to Aspen due to the inconvenience of such travel on Highway 82. It is hoped that local residents will make use of the fecilities after they have dined or perhaps have been to one of the approximately one hundred bars in the Aspen area in an attempt to rest and rela~ and perhaps sober up before driving to their out of town homes. Under the code, a C-l commercial ~one allows the use of a recreation site or club, assembly hall, church, hospital and public buildings for administration. Retail commercial operations are allowed which are not primarily oriented toward servicing the tourist population. ,..., ,-. Planning & Zoning Commission; March 27, 1981 Page Three The applicant contends that his proposed use 1s of a limited, commercial nature included in the definitions and intent of the C-l commercial zone. The term commercial is not defined in the code but the applicant's proposed use certainly fits within normal definitions of commercial activities. The specific types of commercial operations set forth in the C-l commercial zone are not intended and should not be exclusive of other operations. They are intended as general guides and should be expanded pursuant to the general definition and intended purpose of the C-l commercial zone. It 1s important to note that the applicant's proposed use does not create any unusual hazard or nuisance to the cOl1lIllUllity as a whole. It is the applicant's position that his proposed use is a permitted use within the C-l commercial district as defined in the Aspen code. The applicant respectfully requests the Planning and Zoning Commission's affirmation of this interpretation in order that the applicant may proceed with development of its plans. Alternatively, the applicant requests that health spa facilities be added as an additional or conditional use in the C-l commercial district and that the commission recommend the appropriate zoning amendments to the council for approval. cl:::J;U~~ ~ Charles D. Fagan / CDF:ml:1l-l4 cc: Dennis Olds