The URL can be used to link to this page

Home My WebLink Aboutcoa.lu.ca.Martial Arts Dance in S/C/I.1980MEMORANDUM T0: Aspen City Counc' FROM: Sunny Vann, Plan~~i_^^~ )ffice RE: S/C/I Code Amendment, Martial Arts and Dance Studios as Conditional Uses in the S/C/I Zone District DATE: May 27, 1980 This code amendment is being sponsored by the Aspen Planning and Zoning Commission in response to the attached letter submitted by Jeff Moonitz and Marianne Bosley, owners of the Aspen Martial Arts and Dance Studio. On April 22, 1980, the Planning and Zoning Commission, pursuant to the use determination provision of Section 24-2.1(b), approved the Aspen Mar- tial Arts and Dance Studio as a conditional use in the S/C/I zone. A motion to initiate an appropriate code amendment and to schedule a public hearing before the Commission was also approved. A public hearing was held on May 15, 1980 at which time the Commission recommended that Section 24-3.2 of the Municipal Code be amended to include dance and martial arts studios as conditional uses in the S/C/I zone district. The intention of the S/C/I zone, as amended by the City Council upon the recommendation of the Planning and Zoning Commission, is as follows: "To allow for the use of land and the preservation of limited commer- cial purposes and limited industrial purposes, with customary accessory and institutional uses, which do not require or generate high customer traffic volume. In addition, residences of those employed in this district may be included in the service or commer- cial buildings or adjacent thereto as conditional uses." Permitted uses in the zone are defined as: "Limited commercial and industrial uses including the following and similar uses: vehicle sales; equipment rental, storage and repair; automobile washing facilities; electrical and plumbing service shops; commercial bakeries; limited industrial uses including the following and similar uses: builders' supplies; drycleaning plant and laundry; fabrication and repair of building materials and components; lumber yard; manufacture and repair of sporting goods; printing and publishing plant; warehouses and storage; and shop craft industry; provided that no permitted uses create an unusual traffic hazard, noise, dust, fumes, odors, smoke, vapor, vibration, glare or industrial waste disposal problems; and provided that no permitted uses sell daily or frequently bought items to the general public." The only conditional use currently permitted within the S/C/I zone is a full service gas station. The Planning Office and the Planning and Zoning Commission are of the opinion that the proposed use is consistent with the intent of the S/C/I zone district. While the nature of the uses is such that customer traffic volume may vary substantially among individual applicants, the ability to evaluate individual applications via the conditional use review process provides sufficient safeguards. The Planning Office, therefore, recommends that you amend Section 24-3.2 of the Municipal Code to include dance and martial arts studios" as conditional uses in the S/C/I zone, and schedule a public hearing for that purpose. PUBLIC NOTICE NOTICE IS HEREBY GIVEN that there will be a public hearing before the Aspen Planning and Zoning Commission on Tuesday, Play 20, 1980 at 5:00 P.M. in City Council Chambers, Aspen City I1a1T, 16-5. Galena, Aspen, to consider an amendment to Section 24-3.2 of the Aspen Municipal Code by adding Dance Studio and Martial. Arts Studio as Conditional Uses in the "S/C/I" Service/Commercial/Industrial Zone District. Further information may be obtained from the Planning Office, 3rd floor, 130 S. Galena, Aspen, 925-2020 ext. 226. /s/ Olof Hedstrom Olof Hedstrom, Chairman Aspen Planning & Zoning Commission Published in the Aspen Times on May 1, 1980 To be billed under City of Aspen fund. ASPEN PLANNING AND ZONING COMMISSION Resolution No. 80- Re: Recommendation for the Adoption of an Amendment to Section 24-3.2, Permitted and' Conditional Uses adding Dance Studio and t:artial Arts Studio as a Conditional Use in the S/C/I Zone District WHEREAS, the Aspen Planning and Zoning Commission held a public hearing on May 20, 1980, to consider an amendment to Section 24-3.2, Permitted and Conditional Uses, adding Dance Studio and Martial Arts Studio as a conditional use in the S/C/I zone district, and WHEREAS, the Planning and Zoning Commission heard testimony and evidence from the Planning Office and the public concerning this Code amendment, NO4d, THEREFORE, BE IT RESOLVED by the Aspen Planning and Zoning Commission that it does hereby recommend to the Aspen City Council that Section 24-3. 2, Permitted and Conditional Uses, of the Aspen Municipal Code, be amended by adding Dance Studio and Martial Arts Studio as a conditional use for the S/C/I zone district. Approved by the Aspen Planning and Zoning Commission at their regular meeting held May 20, 1980. Olof Hedstrom, Chairman ATTEST: Deputy City Clerk MEMORANDUM T0: Aspen Planning and Zoning Commission FROM: Sunny Vann, Planning Office RE: Code Amendment, Martial Arts & Dance Studios as Conditional Uses in the S/C/I zone district DATE: May 15, 1980 This is a public hearing to consider an amendment to Section 24-3.2 of the Municipal Code by adding 'Dance Studio' and 'Martial Arts Studio' as con- ditional uses in the S/C/I zone district. On April 22, 1980, the Planning and Zoning Commission, pursuant to the use determination provision of Section 24-2.1(b) approved the Aspen Martial Arts & Dance Studio as a conditional use in the S/C/I zone. A motion to initiate an appropriate code amendment and to sche- dule a public hearing before the Commission was also approved. The intention of the S/C/I zone as amended by the City Council on the recom- mendation of the Planning and Zoning Commission is as follows: "To allow for the use of land and the preservation of limited commer- cial purposes and limited industrial purposes, with customary acces- sory and institutional uses, which do not require or generate high customer traffic volumes. In addition, residences of those employed in this district may be included in the service or commercial buildings or adjacent thereto as conditional uses." The only additional conditional use currently permitted within the S/C/I zone is afull-service gas station. The Planning Office is of the opinion that while the proposed uses are con- sistent with the intent of the S/C/I zone district, the nature of the uses is such that customer traffic volumes may vary substantially. The abi~ity to evaluate individual applications via the conditional use review process is highly desirable. We therefore recommend that you amend Section 24-3.2 of the Municipal Code to include 'Dance Studio' and 'Martial Arts Studio' as conditional uses in the S/C/I zone district. ,~.. ~.f No. 780 CASELOAD SUMMARY SPIFFY City of Aspen 1. DATE SUBMITTED: 4/22/80 ~ STAFF: Sunnv Vann 2. APPLICANT: Initiated by Aspen P & Z 3. Rf_PRESENTATIVE:_~~ 4. PROJECT NAME: Code Amendment to Section 24-3 2 - Conditional Uses SL_C/_I~ne 5. LOCATION: 6. TYPE OF APPLICATION: Rezoning P.U.D. _ -Special Review Grrvrth Manayement HPC Subdivision Exception Exemption 70:30 Residential Bonus Stream Margin _8040 Greenline View Plane Conditional Use Other 7. REFERRALS: Attorney Sanitation District -School District Engineering Dept. ---Fire Marshal Pocky Mtn. Nat. Gas _Housing Parks --State High~~!ay Dept. ___'riater Holy Cross Electric _ Other City Electric _ I~tountain Bell 8. REVIEW REQUIREMENTS: f~/~~' ~r'r~%~~ ACC iC.~/L~~C. i~.~/C. /C /~_r!/C1~~~ ~_ ~,~/~ f ~,, ~ ~r 9. DISPOSITION: P & Z ~ Approved / Denied Date ~ ~, Zr~!fr-' Council v n Approved ~ Denied _ Date_~w~(~e_ ~'j } ~55r~ 10. ROUTING: J Attorney / Building Engineering Other :~ CITY OF ASPEN MEMO EROM KATHLEEN McCORM1CK 1 Y`~~ p~~ ~ ~D ~ S~U~ ~it1~ ~a"`~" ASS ~~~~ ~~~ ~~ ... RONALD GARFIELD ANDREW V. HECHT ASHLEY ANDERSON CRAIG N. BLOCK WICK K. ROULHAC G.4RN 4_. Garfield & Hecht ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN, COLORADO 81611 April 17, 1980 The Planning and Zoning Commission City - County Planning Department 130 South Galena Aspen, CO 81611 Dear Members of the Planning and Zoning Commission: TELEPHONE (307) 925.1976 TELECOPIER (307) 925-3008 Applicant, Aspen Martial Arts and Dance Studio by its attorneys, requests your interpretation of permitted uses defined in Section 24-3.2 of the Aspen Code in so far-as the same relates to service/commercial/industrial districts. Applicant proposes to conduct the following commer- cial services: The concept of the school offers men, -- women and children, with all levels of ability, a planned physical fitness pro- gram under supervised instruction. Our school is a service oriented business run by two local residents Jeff Moonitz and Mary Anne Bosely. We have a strong martial arts program for children, which is designed as a children's conditioning program that stresses discipline and character devel- opment. We offer adult programs in martial arts and dance-exercise. Our adult programs offer the individual a chance to improve and monitor his fitness level through lessons, classes and physical fitness tests. The school is designed for the. local working person and school age children. The majority of our classes are in the evening. We are a year round facility .open to members only. -~. Letter to The Planning and Zoning Commission April 17, 1980 Page Two Currently we have approximately 40 students who attend classes on the average of two days a week. Under the code, service/commercial/industrial dis- tricts are intended to allow the use of land for limited commer- cial purposes and limited industrial purposes. Permitted uses include limited commercial and industrial uses including the following and similar uses: vehicle sales, equipment rental storage and repair, gasoline service station, automobile washing facilities, electrical and plumbing service shops, and commercial bakeries. The permitted uses may not create an unusual traffic hazard, noise, dust, fume, odor,• smoke, vapor, vibration,. glare or industrial waste problem. Applicant contends that its proposed use described above, is of a limited commercial variety similar to the uses described in the code by providing a service to its customers. The term "commercial" is not defined, but Applicant's proposed use clearly fits within the definition of commercial service outlined in the Commercial Districts. The service/commercial/ industrial district uses expand upon the types of permitted uses in an area. It should not be restrictively interpreted to ex- clude commercial uses defined and permitted in other commercial districts. It should also be noted that Applicant's proposed use does not create any unusual hazard or nuisance to the com- munity as a whole. It is Applicant's position that its proposed use is a permitted use within the service/commercial/industrial district defined in the Aspen Code. Applicant respectfully requests the Planning and Zoning Commission's affirmation of this inter- pretation in order that Applicant may proceed with development of its plans to commence its commercial business venture. Very truly yours, GARFIELD & HECH Andrew V. Hecht AVH/agk