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HomeMy WebLinkAboutcoa.lu.ca.Kolor Wheel.A069-002737-182-42-049 A069-00 KolorWheel "oo"iag C- J k A,-,eL A 720 E. Durant C� �-i 431-0- COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 H PC 1046 Zoning and Sign Referral Fees: 1 163 City Engineer 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection 1079 Aspen Fire Other Fees: 1006 Copy 1302 GIS Maps 1303 GIS Fee 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1164 School District Land Ded. TOTAL NAME: ADDRESS/PROJECT: PHONE: CHECK# CASE/PERMIT#: DATE: # OF COPIES: INITIAL: .I' • U CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY A069-00 2737-182-42049 Kolor Wheel Code Amendment 720 E. Durant, ste E2 Nick Lelack Code Amendment Kathie Shulman Same 9/11 /00 Ord. #36-2000 Approved 10/23/00 J. Lindt DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Kathie Shulman 720 E. Durant Ste E2 Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number 720 E. Durant Ave. Ste. E2 Legal Description and Street Address of Subject Property Code Amendment to allow "Paint your own ceramics, arts and crafts studio" as conditional use in Neighborhood Commercial Zone District Written Description of the Site Specific Plan and/or Attachment Describing Plan Ordinance #36-2000, 9/11/00 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) September 23, 2000 Effective Date of Development Order (Same as date of publication of notice of approval.) September 24, 2003 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 23`d day of September, 2000, by the City of Aspen Community Deyelonment Director. Ann Woods, Community Development Director • PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 720 East Durant Ave, City and Townsite of Aspen, by ordinance of the City Council numbered 36, series of 2000. For further information contact Julie Ann Woods, at the Aspen/Pitkin Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090. s/City of Aspen Publish in The Aspen Times on September 23, 2000 • !/ PARCEL ID: 2737-182-42049 DATE RCVD: 6/12/00 _ # COPIES:— CASE NO A069-00 CASENAME:KolorWheel CC (MQI, mQ-0 F PLNR:: PROJ ADDR: 720 E Durant. ste E2 CASE TYP: Reaeai►,g e Q STEPS: OWN/APP: I Katie Shulman ADR 720 E Durant. ste E2 CIS/Z: Aspen/CO/81611 PHN: 544 6191 REP: Same ADR: IC/S/Z:: PHN: FEES DUE: 2050 D FEES RCVD: 2050 STAT: r REFERRALS REF: BY�� DUE:r MTG DATE REV BODY PH NOTICED F— F— j�� I REMARKS DATE OF FINAL ACTION:�— CITY COUNCIL: PZ: t CLOSED: BY: ? > BOA: �i • (ill DRAC: PLAT SUBMI D PLAT (BK,PG): ADMIN:) d %� MEMORANDUM TO: Mayor and City Council THRU: Steve Barwick, City Manager John Worcester, City Attorney Julie Ann Woods, Community Development Directo Joyce Ohlson, Deputy Director FROM: Nick Lelack, Planned* RE: Kolor Wheel Land Use Code Amendment — 2"" Reading/Public Hearin DATE: September 11, 2000 SUMMARY: These photographs show the 700 block of East Durant, which is one of two blocks in the City zoned Neighborhood Commercial (NC). The proposal is to add "paint your own ceramics, arts, and crafts studio' as a permitted or conditional use in this zone district. The Planning and Zoning Commission voted 7-0 to recommend City Council approve the Land Use Code amendment to allow "paint your own ceramics, arts, and crafts studio" as a conditional use. APPLICANTS/REPRESENTATIVES: AREAS ZONED NC SEE MAP ON PAGE 3): Kathie Schulman There are two blocks in the City zoned NC. ZONING: Neighborhood Commercial (NC) REVIEW PROCEDURE: Land Use Code Amendment: City Council may approve or deny an amendment to the Land Use Code after considering a recommendation by the Planning and Zoning Commission. 1) The City block bordered by Durant, Cooper, Original and Spring streets; and, 2) The block surrounding the Clark's Market shopping area. This block is bordered by Mill and Puppy Smith Streets, the Post Office, and houses located on East Hallam and Monarch Streets. 0 STAFF COMMENTS: Kathie Schulman, owner of the Kolor Wheel (Applicant) has applied for an amendment to the Land Use Code to add "paint your own ceramics, arts, and crafts studio" as a permitted use to Section 26.710.170(B) Neighborhood Commercial (NC) Zone District. As an alternative, the Applicant proposes adding this use as a conditional use to the same zone district. Specifically, the intent of the use is for an instructional ceramic finishing studio to include on -site firing of the ceramics and a retail sales component. City Council granted the Kolor Wheel two (2) 6-month temporary use permits to operate the business at 720 East Durant in a space approximately 600 square feet; the second temporary use expires in November, 2000 and cannot be extended a third time. The operational style of this use and expected impacts on the surrounding properties has been and is expected to be similar to uses already allowed as permitted and/or conditional uses in the zone and nearby zone districts. However, staff does not believe this type of business is consistent with the intent and purpose of the NC Zone. The 1993 and 2000 Aspen Area Community Plan's (AACP) Commercial/Retail Action Plans include actions to "Revise the Neighborhood Commercial and Service/Commercial/ Industrial (SCI) zone districts permitted and conditional use lists to ensure only local serving uses are permitted within those zone districts." The following table includes the uses currently allowed in the NC Zone District: Permitted Uses Conditional Uses 1. Drug store; 1. Service station; 2. Food market; 2. Laundromat; 3. Liquor store; 3. Garden shop; 4. Dry cleaning and laundry pick-up 4. Hardware store; station; 5. Paint and wallpaper store; 5. Barber shop; 6. Carpet, flooring and drapery shop; 6. Beauty shop; 7. Business and professional office; 7. Post office branch; 8. Free market dwelling units which 8. Record store; are accessory to other permitted 9. T.V. sales and service shop; uses; and 10. Shoe repair shop; 9. Home occupation. 11. Video rental and sale shop; 12. Accessory residential dwellings restricted to affordable housing guidelines; 13. Accessory buildings and uses; and 14. Farmers Market provided a vending agreement is obtained in accordance with Section 15.04.350(B) of the Municipal Code. Specifically, the purpose of the NC zone is "to allow .small convenience retail establishments as part of a neighborhood, that are designed and planned to be - 2 - 0 i 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. " It is this last phrase — to serve the daily or frequent trade or service needs of the neighborhood — in which staff does not believe this business conforms. In other words, a person's daily needs do not typically include the need to paint ceramics. Two areas in the City are zoned NC, shown on the map below. This amendment could impact these areas as well as any additional areas rezoned to NC in the future; in fact, the 2000 AACP Action Plan number 21 calls for adding NC zoned areas to undeveloped commercially zoned lands in the City. Staff is pleased this locally owned, small business is thriving in town. One indicator of the business' success is the letters and petitions signed in support of this application and the large number of supporters at the Planning and Zoning Commission public hearing. - 3 - However, Staff believes a more appropriate location for the business is in the SCI Zone District. The purpose of the SCI zone district "is to allow for the use of land for the preservation or development of limited commercial and industrial uses which: may not be appropriate in other zone districts; do not require or generate high customer traffic volumes; are primarily oriented to the manufacturing, repair, storage, and servicing of consumer goods and have a limited office, showroom, retail, or customer reception area; and, to permit artist's studios as well as customary accessory uses, including affordable residential dwelling units accessory to permitted uses. Although the business generates high customer traffic volumes — mostly pedestrian, Staff believes the SCI Zone District is more appropriate because the commercial use — paint your own ceramics — is not appropriate in other zone districts, is primarily oriented to consumer goods and has limited office space; in addition, this zone district permits artist's studios. Staff does not believe that all of the review criteria are met for the code amendment. For example, Criterion A states: Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff does not believe this use serves daily or frequent trade or service needs of the neighborhood, and therefore conflicts with the purpose of the zone district, and therefore this Title. And, Criterion B states: Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. Staff does not believe this criterion is met for the reasons discussed above; specifically, that the use is not consistent with all AACP actions. However, Staff believes the use is consistent with several of the criteria. For example, Staff believes the proposed amendment is compatible with surrounding zone districts and land uses (Criterion C); would not have a substantial effect on traffic generation and road safety (D); would not impose demands on public facilities that would exceed the systems' capacities (E); and would not result is significant adverse impacts on the natural environment (F). In addition, the use is consistent and compatible with the community character in the City of Aspen (G), and there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment (H), such as the high vacancy rates in the downtown area. The Planning and Zoning Commission unanimously recommended City Council approve the amendment to add "paint your own ceramics, arts, and crafts studio" as a Conditional Use in the NC Zone District. The Commission also directed Staff to draft a definition of this use based on the current business' operations to add to the Definitions Section of the Land Use Code. The reason for creating a definition based on the Kolorwheel's operations would be to narrowly define this type of business to preclude high -end ceramic art studios from locating in the NC Zone District. -4- 0 0 On August 14, City Council voted 4-1 to approve the amendments on First Reading. If Council approves the proposal to add the use to the NC Zone District, Staff proposes the following definition of "paint your own ceramics, arts, and crafts studio" for the Definitions Section of the Land Use Code: Paint your own ceramics, arts, and crafts studio: A workshop that includes the glazing, firing, and/or painting of ceramics by hand or involving the use of hand tools or small scale equipment by the public, which may include accessory retail sales and office space for purposes directly related to the studio; the use is not intended to exclusively serve as an artisan's studio. In summary, Staff does not support this amendment to the Land Use Code because the use does not (1) meet all of the review criteria, and (2) consumes valuable space in one of only two blocks in the City zoned NC, which is designed to provide areas where only local serving uses are permitted. However, if City Council looks favorably upon this code amendment, Staff strongly recommends that the use be included as a conditional and not permitted use. The conditional use approval process allows the Planning and Zoning Commission the opportunity to review the location, size, design and operating characteristics of the use, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, and available public facilities among other standards. RECOMMENDATION: The Community Development Department recommends denial of the Land Use Code amendment to include "paint your own ceramics, arts, and crafts studio" as a permitted use in the Neighborhood Zone District. Staff recommends that if City Council decides to approve the amendment, that it only be added as a Conditional Use. The following motion is in the affirmative, though staff recommends denial of this amendment. PROPOSED MOTION: "I move to approve Ordinance No. , Series of 2000, approving amendments to Land Use Code Section 26.710.170(B) Neighborhood Commercial (NC) Zone District to add "Paint your own ceramics, arts, and crafts studio" as a conditional use, and Section 26.104.100 Definitions to add a definition of "Paint your own ceramics, arts, and crafts studio." Ms 0 CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A — Review Criteria and Staff Findings Exhibit B — Application Exhibit C — Letters and Petitions CAHOME\MCKL\ACTIVE CASES\KOLOR WHEEL\CC MEMO CODE AMENDMENT.DOC -6- 0 EXHIBIT A KOLOR WHEEL LAND USE CODE AMENDMENT 26.310.040 Standards of review for Amendments to the Land Use Code. In reviewing an amendment to the text of this Title or an amendment to the official zone district map, the City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Finding Staff believes the proposed amendment to add "paint your own ceramics, arts, and crafts studio" as either a permitted or conditional use to the Neighborhood Commercial Zone District conflicts with the purpose of the zone district. The purpose of the 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." Staff does not believe this use serves daily or frequent trade or service needs of the neighborhood, and therefore conflicts with the purpose of the zone district, and therefore this Title. Staff does not believe this criterion is met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. Staff Finding The 1993 and 2000 Aspen Area Community Plan's (AACP) Commercial/Retail Action Plans include actions to "Revise the Neighborhood Commercial and Service/Commercial/Industrial (SCI) zone districts permitted and conditional use lists to ensure only local serving uses are permitted within those zone districts (Action No. 5 in 1993 AACP and Action No. 19 in 2000 AACP)." The revisions to the SCI Zone District have been completed. The 2000 AACP Action Plan number 21 is to zone additional areas NC and SCI within the City. Because Staff does not believe this use is consistent with the purpose of the NC Zone District, and this zone district has been and continues to be a direct result of the 1993 and 2000 AACP Action Plans, Staff does not believe it is consistent with these elements of the AACP. The proposal is consistent with other elements of the AACP. Specifically, the Economic Sustainability philosophy states that "local ownership of business helps maintain our communities unusual character, tends to return more money to the local economy, and -7- 0 0 provides additional opportunities for upward mobility of working people." Two policies under this section are to (1) Encourage local ownership of businesses, and (2) Ensure government support of a diverse business and non-profit community. A related action, Action No. 91, calls for the City to "Study and consider ways to support a diversity of small, locally owned businesses in the commercial core as opposed to national chains stores and tourist -only oriented retail." These elements of the AACP support the proposed amendment in terms of encouraging locally owned, diverse businesses near the commercial core. Staff believes the community would be better served if this business were located in the SCI Zone District, and the NC Zone District be left for businesses serving residents daily needs. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding Staff believes the proposed amendment is compatible with surrounding zone districts and land uses for the 720 Durant property. Surrounding zone districts include Commercial, Commercial Core, Residential/Multi-Family (RMF), and Lodge/Tourist/Residential (LTR). This business has had and is expected to have the same visual and operating characteristic as the uses that are already allowed in the building, on the block, and in the neighborhood. The NC zone allows for and contains uses with a high amount of commercial activity, deliveries, pedestrian traffic, and the general affects of commercial activity. The use has been and would continue to be contained within the building and not have any exterior impacts. Outdoor merchandising is not expected and would not be permitted. The property is on the edge of the Commercial Core and this use is expected to be in similar character as the uses already permitted as of right in the Commercial Core and Commercial Zone Districts; the RMF and LTR Zone Districts allow for a variety of tourist and residential accommodations. Although Staff believes this criterion is met for the 720 Durant location, Staff remains concerned about the protection of appropriate uses in the limited area zoned NC so that this area will not be diluted by uses not intended as neighborhood -serving. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding The amendment would have little impact on the auto traffic patterns in the downtown area; it is unknown what effect the proposed amendment would have on other areas of the City zoned NC if this use were actively practiced elsewhere. There is a high amount of pedestrian traffic in the downtown area but this business will not hinder that movement. -s- 0 0 The use should not be allowed to display items in the public rights -of -way. There is not expected to be any abnormal noise events associated with this use. Noise levels are expected to be minimal. Staff believes this criteria is met on the area zoned NC near the commercial core, but is not certain how other future areas zoned NC would be affected. If the City Council approves this amendment, Staff believes the conditional use would be more appropriate than a permitted use. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding Staff does not believe the proposed amendment would result in increased demands on public facilities. The two areas currently zoned NC are served by all public facilities. This use is not expected to substantially increase demand for public facilities in any way. Staff believes this criterion is met. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Finding Staff does not believe this use would significantly adversely impact the natural environment. The use does not create excessive noise or air pollution, the operations do not require the use of substantial amounts of natural resources or dramatically effect the natural environment in any way. According to the Applicant, most of the clients arrive by foot or bus. Staff believes this criterion is met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding Staff believes this use is consistent and compatible with the community character in the City of Aspen. The use has educational, artistic, and recreational components, all of which are encouraged throughout the community. Staff believes this criterion is met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding The vacancy rate of downtown buildings near the NC Zone District may be a changed condition that supports the proposed amendment; this locally owned business has rented -9- space in a building on a block adjacent to the commercial core for over half a year with the potential for a long term lease. At the same time, the City's infill advisory is in the process of developing an Infill/Transfer Development Rights Program proposal that may address appropriate uses in this zone district. This program may conflict with this amendment. Staff believes this criterion has been met because of the vacancy rate, but is concerned about how a potential infill program could impact this zone district. I. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. Staff Finding Staff believes the public interest is in having zone districts for different uses that are each important to supporting a thriving community. The AACP specifically calls for further developing and expanding the NC Zone District to provide areas for businesses serving the daily or frequent trade or service needs of the neighborhood. Although Staff believes this business is in harmony with the purpose and intent of this Title and makes a positive contribution to the community character of Aspen, Staff does not believe the use is appropriate for the NC Zone District, which has been approved as part of the AACP. Staff believes the SCI Zone District is more appropriate for this use. Staff does not believe this criterion is met. PROJECT: e LAND USE APPLICATION APPLICANT: Name: mLo ?, W ii4 s L ak A ,� Location: �f (-an, (Indicate street address, lot & block number, legal description where ap ropriate) Name: b�A LAIL. W K�LLZ Address: C� >✓ t/1 p Phone rt: �_-70� REPRESENTATIVE: Name: «,�r ��'�/��'till L- une it Address: lac) CA, r4Yl"�, Phone #: cQ Wd T. A 1 I rC Vr nI-r L1%,M 1 IVI`1. kP Ga3C I, MkG& all UIUL dPy1VJ Conditional Use Conceptual PUD Conceptual Historic Devt. Special Review Final PUD (& PUD Amendment) Final Historic Development Design Review Appeal Conceptual SPA N11nor Historic Devt. GMQS Allotment Final SPA (& SPA Amendment) Historic Demolition GMQS Exemption Subdivision Historic Designation ESA - 8040 Greenline, Stream Subdivision Exemption (includes Small Lodge Conversion/ Margin, Hallam Lake Bluff, condom iniumization) Expansion Mountain View Plane Lot Split Temporary Use [ Other: Pe*7-,,��4LJcp_ Lot Line Adjustment Text/(ap .=amendment I M.01meyl �p _ e-4ion ;--Xo,71o. r7o EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) "mJ �►�ao� res No�� m PROPOSAL: (description of proposed buildings, uses, modifications, etc.) �S� tt�✓ ��p10Y -%,PSI � C�v,�t►-�u� � Have you attached the following? Pre -Application Conference Summary Attachment 41, Signed Fee Agreement i_lkesponse to Attachment #2, Dimensional Requirements Form Response to Attachment #3, Minimum Submission Contents Response to Attachment 94, Specific Submission Contents [esponse to Attachment 95, Review Standards for Your Application I P Kn+W n -S -errYgrl n FEES DUE: S O�OCad (ZL [z o0 0 0 REQUEST FOR LAND USE CODE AMENDMENT TO SECTION 26.710A70 APPLICATION SUBMITTED BY: Kolor Wheel of Aspen, LLC Kathleen A. Schulman, Owner 720 E. Durant Avenue - Suite E2 Aspen, CO 81611 (970) 544-6191 DATE: June 12, 2000 The following proposed amendment is to add "paint -your -own ceramics, arts & crafts studio" as a permitted use to the Neighborhood Commercial Zone. Please note from the attached business description and history, that the Kolor Wheel has been operating under "temporary" conditional use in this zone since May 1, 1999. If the proposed amendment is not allowable as requested, I would appreciate being considered for review for conditional use. Thank you for your consideration. Sincerely, een A. Schulman Owner attachments E REVIEW STANDARDS - Application for Code Amendment SUBMITTED BY: Kolor Wheel of Aspen, LLC 720 E. Durant Avenue - Suite E2 Aspen, CO 81611 (970) 544-6191 This is a request for Planning & Zoning to consider an official Code Amendment to Section 26.710.170, as it relates to the following business and operational needs and location for the Kolor Wheel, which has been temporarily located in the above stated address since October 1, 1999. BUSINESS DESCRIPTION: Kolor Wheel is a '`paint -your -own" ceramics studio. We offer contemporary bisqueware, materials and supplies for the public to paint. Painted pieces are then glazed & fired and ready to use as functional or decorative ceramic items suitable for personal use or giftware. Additionally, we provide educational instruction and creative outlets for school, scout and religious organizations as well as non-profit foundations such as the Silver Lining Ranch, Aspen Buddy Program and Challenge Aspen to name a few. All of our materials are non -toxic, lead free and are harmless to our customers and the environment. We provide a safe and supervised establishment where our customers can (and do) feel secure that they will not be harmed in any way. HISTORY OF BUSINESS: Originally owned and operated in Basalt, CO for two years (1997-April 1999). Business was terminated in Basalt by sale in April 1999 to Kathie Schulman and Melinda Goldrich. Kolor Wheel operated temporarily as an accessory to Alien Cycles from May 1, 1999 to September 30, 1999 at 430 S. Spring Street. Kolor Wheel was moved to its current location at 720 E. Durant Ave., Suite 2 on October 1, 1999 and received a temporary "Conditional Use" permit to continue operating. This "Conditional Use" was granted until November 10, 2000 provided our application for a code amendment was filed by June 15, 2000. The Kolor Wheel is solely owned by Kathie Schulman at the present time. BUSINESS OPERATIONS (LOCATION, SIZE, DESIGN) Kolor Wheel originally operated in approximately 325 square feet at its 430 S. Spring Street location with an off -site studio (approximately 350 square feet) for inventory, glazing & firing. Our operations require a minimum of 600 square feet to accommodate inventory and supplies and have comfortable seating capacity for 20+ customers and 3 staff. 0 0 PLANNING & ZONING APPLICATION - REVIEW STANDARDS -2- Our current location at 720 E. Durant Avenue is perfectly suitable for our needs. We have greatly improved the efficiency of our operations and have, therefore, reduced the need for daily vehicle trips to and from each of our previous locations. Our customers have found our new location convenient to get to by bus, walking or bicycle. Parents feel comfortable leaving their children with us to paint ceramics while they carry on with their errands at the neighboring shops. We are open daily to the public from 12 Noon to 6 PM. Additionally morning hours and two additional evening hours are available to host a variety of camp, school, religious, scout and other special interest groups as well as private parties, including birthdays, baby and bridal showers. We offer a variety of arts & crafts workshops to the public. Certified Art Instructors will teach children and adults special techniques in ceramic painting, mosaic tile construction and painting on glassware. We have a very affordable average ticket price of $15.00 for children and $25.00 for adults. IMPACT OF PROPOSED CODE AMENDMENT: We have just completed our first fiscal year of operations. The compliments we have received by the local community residents as well as the visitors have been numerous. We have not had any complaints by our customers or neighbors. In fact, many of our neighbors are repeat customers and are very much in favor of our being a part of this area in town. Kolor Wheel provides Valley residents, special interest groups and visitors with an affordable indoor activity venue for children and adults to use their imagination and create functional household items and gifts. Our success depends largely upon having a convenient location within walking distance to the core area with RFTA bus stop access. Being located in a Neighborhood Commercial zone is of equal importance. If our customers can easily walk or take a bus to our location, it greatly reduces the need for vehicular traffic. Our customer base has been approximately 70% local and second homeowners and 30% visitors, who have commented that they are delighted that Aspen has opened up a "paint -your -own' ceramics studio. We have designed and decorated the Kolor Wheel studio to provide a warm, friendly and creative environment. We take great pride in our customer service efforts, particularly with the children who come to paint or have their birthday party at the Kolor Wheel. Our intent is to continue operating the business at 720 E. Durant Avenue indefinitely. I currently have signed a 3 year lease, ending on October 1, 2002. I would continue to exercise renewal options, if approval from Planning & Zoning for this location is granted. 0 0 PLANNING & ZONING REVIEW STANDARDS -3- The Kolor Wheel is compatible with that of our present business neighbors. In fact, I would like to think it has enhanced the character of the neighborhood by providing local residents and visitors with a unique, fun and affordable indoor activity close to many of the services which are utilized by them regularly. Thank you for your consideration of my request. Sincerely, Kathie Schulman Owner 0 0 26.310.040 STANDARDS OF REVIEW: In reviewing an amendment to the text of this Title or an amendment to the official zone district map, I am hereby requesting that the City Council and the Planning and Zoning Commission consider the following: A. There should not be any conflict with the applicable portions of this Title, as The Kolor Wheel is a daily "service" business. Our customers come to the Kolor Wheel for the purpose of receiving instructions for painting functional pieces of ceramics and glassware for their homes, or to give as gift items. B. The proposed amendment is consistent with all elements of the Aspen Area Community Plan. The Kolor Wheel was designed to be accessible and affordable to our customers on a daily basis. We take pride in our ability to service the needs of our customers. We offer a safe and friendly environment, whereby parents can feel secure about leaving their children for an hour or so while they are shopping at neighboring business establishments. C. The proposed amendment is very compatible with our surrounding zone districts and land uses. We have been operating in this zone since May 1, 1999. We have complied with the rules and regulations of our leased space and have not received any opposition or complaints from any business or resident. D. The location of the Kolor Wheel in the Durant Mall is ideal because it is easily accessible by RFTA, bicycle, West End Shuttle and Galena Street Shuttle or, for residents who live in town, it is a 5-10 minute walk. Thus, there would not be any adverse effect on traffic or road safety. E. There is no distinguishable impact that the proposed amendment would have any greater demands on any public facilities. F. The Kolor Wheel uses only non -toxic, water -based clay and glazes. Our products are not harmful in any way to our customers or to the environment. G. We have just completed our first fiscal year of business in Aspen in the "NC" Zone. The compliments we have received from our customers and neighboring business establishments have been numerous. I feel strongly that the Kolor Wheel greatly enhances the character of the community by offering an indoor activity that is affordable, educational and, most of all, inviting to all aspects of our community. We have provided educational instruction and creative outlets for school groups, as well as special interest groups such as the Silver Lining Ranch, Challenge Aspen and the Aspen Buddy Program along with several Boy Scout & Brownie Troops. 0 0 26.310.040 STANDARDS OF REVIEW -2- Submitted by: Kolor Wheel of Aspen, LLC H. The Kolor Wheel has changed the dynamics of the Durant Mall by offering a Unique "service" to Aspen; a service which has been admired and supported by local and Valley residents, visitors and several non-profit organizations. In fact, over 75% of our customers and groups have sought out the services of the Kolor Wheel repetitively. I. As stated above, the Kolor Wheel has been operating successfully and without any complaints in the "NC" Zone for 13 months. We have complied with all the rules and regulations of our leased space and the Durant Mall. There has been no opposition or conflict that would preclude us from being in harmony with the purpose and intent of this Title. In conclusion, we have established a clientele of all ages that look forward to their experience at the Kolor Wheel. It is my wish and intent to continue to provide this special and unique service to our community and its visitors in a safe and friendly environment. It is my hope that I will be granted approval for permitted use or at least considered for conditional use. Once again, thank you for your continued consideration and support of my request. Sincere] , Kathleen A. Schulman Owner June 12, 2000 Dear City Council Members, As Director of Aspen Jewish Congregation's Judaic Studies Program, I would like to praise Kolor Wheel of Aspen and the service they provide to the community. They have offered my students a chance to create meaningful religious items which will last for generations. In my dealings with Color Wheel I have been impressed by the quality, integrity,and professionalism of their work. I strongly recommend you take whatever actions possible to allow them to stay in Aspen. They are truly an asset to our community,both Jewish and secular. Thank you. Please contact me with any questions. Sincerely, Chana Rothman Director of Judaic Studies 0077 Meadowood Drive Aspen, CO 81611 (970)920-2536 0 0 KEEP THE KOLOR WHEEL IN THE DURANT MALL PETITION RECEIVED JUL 24 2000 Ilwe love the Kolor Wheel of Aspen. It is a great place to learn about the art of ceramics. IIWe have lots of fun creating and painting our own, personalized ceramic plates, bowls & mugs and lots more. It is a terrific place for kids of all ages! Ilwe feel that the Kolor Wheel has done so much for the community residents and visitors by offering an affordable and fun indoor activity. Additionally, they offer great programs for special interest and non-profit groups. The Kolor Wheel studio is not only convenient by being in the Durant Mall, but it is safely designed and its' staff is very friendly and inspirational for all our artistic needs. NAME PHONE # NAME PHONE # -11 77 L, _ TRAHSMIJJION VERIFICATION `.EPORT TIME : 07/19/2000 01:58 DATE,TIME 07/19 01:58 FAX NO./NAME 13162313432 DURATION 00:00:00 PAGE!S1 00 RESULT BUSY MODE STANDARD BUSY: BUSY/ PJO RESPONSE 0 - �--.. ,.....LEA • 0 KEEP THE KOLOR WHEEL IN THE DURANT MALL PETITION Ilwe love the Kolor Wheel of Aspen. It is a great place to learn about the art of ceramics. I/We have lots of fun creating and painting our own, personalized ceramic plates, bowls & mugs and lots more. It is a terrific place for kids of all ages! Ilwe feel that the Kolor Wheel has done so much for the community residents and visitors by offering an affordable and fun indoor activity. Additionally, they offer great programs for special interest and non-profit groups. The Kolor Wheel studio is not only convenient by being in the Durant Mall, but it is safely designed and its' staff is very friendly and inspirational for all our artistic needs. NAME PHONE # NAVE PHONE # 0 0 BEEF THE KOO# �]94p� IN THE DURAN'T MALL PETITION I/we love the Kolor Wheel of Aspen. It is a great place to learn about the art of ceramics. I/We have lots of fun creating and painting our own, personalized ceramic plates, bowls & mugs and lots more. It is a terrific place for kids of all ages! I/we feel that the Kolor Wheel has done so much for the community residents and visitors by offering an affordable and fun indoor activity. Additionally, they offer great programs for special interest and non-profit groups. The Kolor Wheel studio is not only convenient by being in the Durant Mall, but it is safely designed and its' staff is very friendly and inspirational for all our 4rtistic needs. NAME PHONE # NAME PHONE # 0 KEEP THE KOLOR WHEEL IN THE DURANT MALL PETITION Ilwe love the Kolor Wheel of Aspen. It is a great place to learn about the art of ceramics. IIWe have lots of fun creating and painting our own, personalized ceramic plates, bowls & mugs and lots more. It is a terrific place for kids of all ages! Ilwe feel that the Kolor Wheel has done so much for the community residents and visitors by offering an affordable and fun indoor activity. Additionally, they offer great programs for special interest and non-profit groups. The Kolor Wheel studio is not only convenient by being in the Durant Mall, but it is safely designed and its' staff is very friendly and inspirational for all our artistic needs. NAME PHONE # NAME PHONE # KEEP THE KOLOR WHEEL IN THE DURANT MALL PETITION Ilwe love the Kolor Wheel of Aspen. It is a great place to learn about the art of ceramics. IIWe have lots of fun creating and painting our own, personalized ceramic plates, bowls & mugs and lots more. It is a terrific place for kids of all ages! Ilwe feel that the Kolor Wheel has done so much for the community residents and visitors by offering an affordable and fun indoor activity. Additionally, they offer great programs for special interest and non-profit groups. The Kolor Wheel studio is not only convenient by being in the Durant Mall, but it is safely designed and its' staff is very friendly and inspirational for all our artistic needs. NAME PHONE # NAME PHONE # 0)6 llk)Q- lz�,� L,A)� KEEP THE KOLOR WHEEL IN THE DURANT MALL PETITION Ilwe love the Kolor Wheel of Aspen. It is a great place to learn about the art of ceramics. I/We have lots of fun creating and painting our own, personalized ceramic plates, bowls & mugs and lots more. It is a terrific place for kids of all ages! Ilwe feel that the Kolor Wheel has done so much for the community residents and visitors by offering an affordable and fun indoor activity. Additionally, they offer great programs for special interest and non-profit groups. The Kolor Wheel studio is not only convenient by being in the Durant Mall, but it is safely designed and its' staff is very friendly and inspirational for all our artistic needs. NAME 0 0 KEEP THE KOLOR WHEEL IN THE DURANT MALL PETITION Ilwe love the Kolor Wheel of Aspen. It is a great place to learn about the art of ceramics. I/We have lots of fun creating and painting our own, personalized ceramic plates, bowls & mugs and lots more. It is a terrific place for kids of all ages! Ilwe feel that the Kolor Wheel has done so much for the community residents and visitors by offering an affordable and fun indoor activity. Additionally, they offer great programs for special interest and non-profit groups. The Kolor Wheel studio is not only convenient by being in the Durant Mall, but it is safely designed and its' staff is very friendly and inspirational for all our artistic needs. NAME PHONE # NAME PHONE # 0 OV I MEMORANDUM TO: Mayor and City Council THRU: Steve Barwick, City Manager John Worcester, City Attorney Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Nick Lelack, Planner�'-'V-41/ RE: Kolor Wheel Land Use Code Amendment — First Reading DATE: August 14, 2000 SUMMARY: These photographs show the 700 block of East Durant, which is one of two blocks in the City zoned Neighborhood Commercial (NC). The proposal is to add "paint your own ceramics, arts, and crafts studio' as a permitted or conditional use in this zone district. The Planning and Zoning Commission voted 7-0 to recommend City Council approve the Land Use Code amendment to allow "paint your own ceramics, arts, and crafts studio" as a conditional use. APPLICANTS/REPRESENTATIVES: AREAS ZONED NC (SEE MAP ON PAGE 3): Kathie Schulman There are two blocks in the City zoned NC. ZONING: Neighborhood Commercial (NC) REVIEW PROCEDURE: Land Use Code Amendment: City Council may approve or deny an amendment to the Land Use Code after considering a recommendation by the Planning and Zoning Commission. 1) The City block bordered by Durant, Cooper, Original and Spring streets; and, 2) The block surrounding the Clark's Market shopping area. This block is bordered by Mill and Puppy Smith Streets, the Post Office, and houses located on East Hallam and Monarch Streets. ME 0 0 STAFF COMMENTS: Kathie Schulman, owner of the Kolor Wheel (Applicant) has applied for an amendment to the Land Use Code to add "paint your own ceramics, arts, and crafts studio" as a permitted use to Section 26.710.170(B) Neighborhood Commercial (NC) Zone District. As an alternative, the Applicant proposes adding this use as a conditional use to the same zone district. Specifically, the intent of the use is for an instructional ceramic finishing studio to include on -site firing of the ceramics and a retail sales component. City Council granted the Kolor Wheel two (2) 6-month temporary use permits to operate the business at 720 East Durant in a space approximately 600 square feet; the second temporary use expires in November, 2000 and cannot be extended a third time. The operational style of this use and expected impacts on the surrounding properties has been and is expected to be similar to uses already allowed as permitted and/or conditional uses in the zone and nearby zone districts. However, staff does not believe this type of business is consistent with the intent and purpose of the NC Zone. The 1993 and 2000 Aspen Area Community Plan's (AACP) Commercial/Retail Action Plans include actions to "Revise the Neighborhood Commercial and Service/Commercial/ Industrial (SCI) zone districts permitted and conditional use lists to ensure only local serving uses are permitted within those zone districts." The following table includes the uses currently allowed in the NC Zone District: Permitted Uses Conditional Uses 1. Drug store; 1. Service station; 2. Food market; 2. Laundromat; 3. Liquor store; 3. Garden shop; 4. Dry cleaning and laundry pick-up 4. Hardware store; station; 5. Paint and wallpaper store; 5. Barber shop; 6. Carpet, flooring and drapery shop; 6. Beauty shop; 7. Business and professional office; 7. Post office branch; 8. Free market dwelling units which 8. Record store; are accessory to other permitted 9. T.V. sales and service shop; uses; and 10. Shoe repair shop; 9. Home occupation. 11. Video rental and sale shop; 12. Accessory residential dwellings restricted to affordable housing guidelines; 13. Accessory buildings and uses; and 14. Farmers Market provided a vending agreement is obtained in accordance with Section 15.04.350(B) of the Municipal Code. Specifically, the pu` r� _ose of the NC zone is "to allow small convenience retail establishments as part of a neighborhood, that are designed and planned to be -z- 0 0 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 nei hborhood " It is this last phrase — to serve the daily or frequent trade or service needs of the neighborhood — in which staff does not believe this business conforms. In other words, a person's daily needs do not typically include the need to paint ceramics. Two areas in the City are zoned NC, shown on the map below. This amendment could impact these areas as well as any additional areas rezoned to NC in the future; in fact, the 2 O�A Action Plan number 21 calls for adding NC zoned areas to undeveloped commercially zoned lands in the City. Staff is pleased this locally owned, small business is thriving in town. One indicator of the business success is the e ers an petitions signed in support of this application and the large number of supporters at the Planning and Zoning Commission public hearing. -3- However, Staff believes a more appropriate location for the business is in the SCI Zone District. The purpose of the SCI zone district "is to allow for the use of land for the preservation or development of limited commercial and industrial uses which: may not be ap rQr:*�—^tlpr nnp districts; do not require or generate high �L\ customer traffic volumes; are primarily oriented to t e manu ac uring, repair, storage, and servicing of consumer goods and have a limited office, showroom, retail, or customer reception area; and, to Dermit artist's studios as well as customary 77 accessory uses, including affordable rest en is dwelling units accessory to permitted uses. Although the business generates high customer traffic volumes — mostly pedestrian, Staff believes the SCI Zone District is more appropriate because the commercial use — paint your own ceramics — is not appropriate in other zone districts, is primarily oriented to consumer goods and has limited office space; in addition, this zone district permits artist's studios. Staff does not ball of the review criteria are met for the code amendment. For example, Criterion A states: Whether the propose amen ment ism con ict with any applicable portions of this Title. Staff does not believe this use serves daily or _ frequent trade or service needs of the neighborhood, and therefore conflicts with the ` _Y purpose of the zone district, and therefore this Title. G —J - And, Criterion B states: Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. Staff does not believe this criterion is met for the reasons discussed above; specifically, that the use is not consistent with all AACP actions. However, Staff believes the use is consistent with several of the criteria. For example, Staff believes the proposed amendment is compatible with surrounding zone districts and land uses (Criterion C); would not have a substantial effect on traffic eneration and road fety (D); would not imnoRPdem_ands on nubl;c Qvilit;es that wouFcl exceed the systems' capacities (E); and would not result is significant adverse impacts on �t�hena ent (F). In addition, the use is consistenco i e unit character in the City of Aspen (G), and there have been c anged conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment (H), such as the high vacancy rates in the downtown area. The Planning and Zoning Commission unanimously recommended City Council approve the amendment to add "paint your own ceramics, arts, and crafts studio" as a Conditional Use in the NC Zone District. The Commission also directed Staff to draft a definition of this use jnge. —n th@ a��ness' ope= � +� a tot a De tuitions Section of the Land I Ise, Cnde—Thereason for creating a definition based on the KolorwheePs operations would be to narrowly define this o reclude high -end ceramic art studios from locating m a Zone District. -4- 0 0 If Council approves the proposal to add the use to the NC Zone District, Staff proposes the following definition of "paint your own ceramics, arts, and crafts studio" for the Definitions Section of the Land Use Code: Paint your own ceramics, arts, and crafts studio: A workshop that includes the glazing, firing, and/or painting of ceramics by hand or involving the use of hand tools or small scale equipment by the public, which may include accessory retail sales and office space for purposes directly related to the studio; the use is not intended to exclusively serve as an artisan's studio. In summary, Staff does not support this amendment to the Land Use Code because the use does not (1) meet all of the review criteria, and (2) consumes valuable space in one of only two blocks in the City zoned NC, which is designed to provide areas where only local serving uses are permitted. However, if City Council looks favorably upon this code amendment, Staff strongly recommends that the use be included as a conditional and not permitted use. The conditional use approval process allows the Planning and Zoning Commission the opportunity to review the location, size, design and operating characteristics of the use, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, and available public facilities among other standards. RECOMMENDATION: The Community Development Department recommends denial of the Land Use Code amendment to include "paint your own ceramics, arts, and crafts studio" as a permitted use in the Neighborhood Zone District. Staff recommends that if City Council decides to approve the amendment, that it only be added as a Conditional Use. The following motion is in the affirmative, though staff recommends denial of this amendment. PROPOSED MOTION: "I move to approve Ordinance No.�, Series of 2000, approving amendments to Land Use Code Section 26.710.170(B) Neighborhood Commercial (NC) Zone District to add "Paint your own ceramics, arts, and crafts studio" as a conditional use, and Section 26.104.100 Definitions to add a definition of "Paint your own ceramics, arts, and crafts studio." • 0 CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A — Review Criteria and Staff Findings Exhibit B — Application Exhibit C — Letters and Petitions C:\HOME\NICKLWCTIVE CASES\KOLOR WHEEL\CC MEMO CODE AMENDMENT.DOC -6- ORDINANCE NO. (SERIES OF 2000) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AMENDMENTS TO THE NEIGHBORHOOD COMMERCIAL ZONE DISTRICT AND DEFINITIONS PROVISIONS OF THE LAND USE CODE, SECTIONS 26.710.170(B), AND 26.104.100. WHEREAS, Kathie Schulman, owner of the Kolor Wheel (Applicant), has applied for an amendment to the Land Use Code to add "paint your own ceramics, arts, and crafts studio' as a permitted or conditional use to Section 26.710.170 Neighborhood Commercial (NC) Zone District; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Planning Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Community Development Department recommended denial of the amendment to the Land Use Code, as described herein; and, WHEREAS, the Aspen Planning and Zoning Commission held a public hearing to consider the existing and proposed Land Use Code amendments, took and considered public testimony and the recommendation of the Planning Director and recommended, by a seven to zero (7-0) vote, City Council adopt the proposed amendment to Section 26.710.170(B) of the Land Use Code as a conditional use and directed Community Development Staff to amend the Definitions Section 26.104.100 to include a definition of the proposed use, as described hereinafter; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission and the Community Development Director, and has taken and considered public comment at a public hearing on September 11, 2000; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Section 26.100.104, Definitions, which describes the meaning of terms used in the Land Use Code is hereby amended by inclusion of the following term and definition: Paint your own ceramics, arts, and crafts studio. A workshop that includes the making, glazing, firing, and/or painting of ceramics by hand or involving the use of hand tools or small scale equipment by the public, which may include accessory retail sales and office space for purposes directly related to the studio. Section 2 Section 26.710.170(C) Neighborhood Commercial Zone District, which describes the permitted uses in this zone district, is hereby amended as follows: 26.710.170 Neighborhood Commercial (NC). C. Conditional uses. The following uses are permitted as conditional uses in the Neighborhood Commercial (NC) zone district, subject to standards and procedures established in Chapter 26.425: 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; and 9. Home occupation. 10. Paint your own ceramics, arts, and crafts studio. Section 3: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on the Ordinance shall be held on the 11 'h day of September, 2000, 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 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 this 14'h day of August, 2000. Attest: Kathryn S. Koch, City Clerk Rachel E. Richards, Mayor FINALLY, adopted, passed and approved this 11 u' day of September, 2000. Attest: Kathryn S. Koch, City Clerk Approved as to form: John Worcester, City Attorney CAhome\nickl\Active Cases\Kolor Wheel\ORD.doc Rachel E. Richards, Mayor • 0 EXHIBIT A KOLOR WHEEL LAND USE CODE AMENDMENT 26.310.040 Standards of review for Amendments to the Land Use Code. In reviewing an amendment to the text of this Title or an amendment to the official zone district map, the City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Finding Staff believes the proposed amendment to add "paint your own ceramics, arts, and crafts studio" as either a permitted or conditional use to the Neighborhood Commercial Zone District conflicts with the purpose of the zone district. The purpose of the NC zone district is to allow sma 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." L Staff does not believe this use serves daily or frequent trade or service needs of the neighborhood, and therefore conflicts with the purpose of the zone district, and therefore this Title. Staff does not believe this criterion is met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. Staff Finding The 1993 and 2000 Aspen Area Community Plan's (AACP) Commercial/Retail Action Plans include actions to "Revise the Neighborhood Commercial and Service/Commercial/Industrial (SCI) zone districts permitted and conditional use lists to ensure only local serv. ermitted within those zone districts ( ction No. 5 in 993 AACP and Action No. 19 in 2000 e revisions to —me SCI Zone District have been completed. The 200Q.AACL Action Plan number 21 is to zone additional areas NC and SCI within the City. Because Staff does not hthis use is consistent with the purpose of the NC Zone District, and this zone district has been andncontinues to be a direct result of the 93 and 2 00 AACP Action Plans. Staff does not believe rt is consistent with these elements o t e AACP. The proposal is consistent with other elements of the AACP. Specifically, the Economic Sustainability philosophy states that "local ownership of business helps maintain our communities unusual character, tends to return more money to the local economy, and -7- provides additional opportunities for upward mobility of working people." Two policies under this section are to (1) Encourage local ownership of businesses, and (2) Ensure government support of a diverse business and non-profit community. A related action, Action No. 91, calls for the City to "Study and consider ways to support a diversity of small, locally owned businesses in the commercial core as opposed to national chains stores and tourist -only oriented retail." These elements of the AACP support the proposed amendment in terms of encouraging locally owned, diverse businesses near the commercial core. Staff believes the community would be better served if this business were located in the SCI Zone District, and the NC Zone District be left for businesses serving residents daily needs. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding Staff believes the proposed amendment is compatible with surrounding zone districts and land uses for the 720 Durant property. Surrounding zone districts include Commercial, Commercial Core, Residential/Multi-Family (RMF), and Lodge/Tourist/Residential (LTR). This business has had and is expected to have the same visual and operating characteristic as the uses that are already allowed in the building, on the block, and in the neighborhood. The NC zone allows for and contains uses with a high amount of commercial activity, deliveries, pedestrian traffic, and the general affects of commercial activity. The use has been and would continue to be contained within the building and not have any exterior impacts. Outdoor merchandising is not expected and would not be permitted. The property is on the edge of the Commercial Core and this use is expected to be in similar character as the uses already permitted as of right in the Commercial Core and Commercial Zone Districts; the RMF and LTR Zone Districts allow for a variety of tourist and residential accommodations. Although Staff believes this criterion is met for the 720 Durant location, Staff remains concerned about the protection of appropriate uses in the limited area zoned NC so that this area will not be diluted by uses not intended as neighborhood -serving. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding The amendment would have little impact on the auto traffic patterns in the downtown area; it is unknown what effect the proposed amendment would have on other areas of the City zoned NC if this use were actively practiced elsewhere. There is a high amount of pedestrian traffic in the downtown area but this business will not hinder that movement. -a- The use should not be allowed to display items in the public rights -of -way. There is not expected to be any abnormal noise events associated with this use. Noise levels are expected to be minimal. Staff believes this criteria is met on the area zoned NC near the commercial core, but is not certain how other future areas zoned NC would be affected. If the City Council approves this amendment, Staff believes the conditional use would be more appropriate than a permitted use. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding Staff does not believe the proposed amendment would result in increased demands on public facilities. The two areas currently zoned NC are served by all public facilities. This use is not expected to substantially increase demand for public facilities in any way. Staff believes this criterion is met. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Finding Staff does not believe this use would significantly adversely impact the natural environment. The use does not create excessive noise or air pollution, the operations do not require the use of substantial amounts of natural resources or dramatically effect the natural environment in any way. According to the Applicant, most of the clients arrive by foot or bus. Staff believes this criterion is met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding Staff believes this use is consistent and compatible with the community character in the City of Aspen. The use has educational, artistic, and recreational components, all of which are encouraged throughout the community. Staff believes this criterion is met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding The vacancy rate of downtown buildings near the NC Zone District may be a changed condition that supports the proposed amendment; this locally owned business has rented -9- 0 space in a building on a block adjacent to the commercial core for over half a year with the potential for a long term lease. At the same time, the City's infill advisory is in the process of developing an Infill/Transfer Development Rights Program proposal that may address appropriate uses in this zone district. This program may conflict with this amendment. Staff believes this criterion has been met because of the vacancy rate, but is concerned about how a potential infill program could impact this zone district. I. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. Staff Finding Staff believes the public interest is in having zone districts for different uses that are each important to supporting a thriving community. The AACP specifically calls for further developing and expanding the NC Zone District to provide areas for businesses serving the daily or frequent trade or service needs of the neighborhood. Although Staff believes this business is in harmony with the purpose and intent of this Title and makes a positive contribution to the community character of Aspen, Staff does not believe the use is appropriate for the NC Zone District, which has been approved as part of the AACP. Staff believes the SCI Zone District is more appropriate for this use. Staff does not believe this criterion is met. • PROJECT: LAND USE APPLICATION ` Name: Il0L0 W1 ft L Ok Location: Ca 1� f S LI" I Z.. e a t4 - (Indicate street address, lot & block number, legal description where ap ropriate) APPLICANT: Name: b�A -,YZ. W Address: 0 Lka Phone 4: t-7 44 — �01 REPRESENTATIVE: Name: �tl I�2.'�i4-A Address: lac) 2-, J f'C'crc�yl-+' S L+- Lit a- Ass Y) &) S1 to 1 Phone �970� =�: ' TYPE OF APPLICATION: (please check all that apply): Conditional Use Conceptual PUD Conceptual Historic Devt. Special Review Final PUD (& PUD Amendment) Final Historic Development Design Review Appeal Conceptual SPA Minor Historic Devt. GMQS Allotment Final SPA (& SPA Amendment) Historic Demolition GMQS Exemption Subdivision Historic Designation ESA - 3040 Greenline, Stream F7 Subdivision Exemption (includes Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane Lot Split Temporary Use n Other: �G•mt�i (,(�2- Lot Line Adjustment Text/'tvIap Amendment �M'Qr-X,tywV1+ 40 zfu Eton Q" o .710, 110 EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) i- e-�I-loI reS IvD✓e m6e PROPOSAL: (description of proposed buildings, uses, modifications, etc.) -hD Se eflo 1=2Co . -[(O. 170 :�r 19✓-rn.i, -thed +v cto t►%Lke &P-e►n:+ as P-errrvri Have you attached the following? Pre -Application Conference Summary (] Attachment 71, Signed Fee Agreement Td<:�esponse to Attachment ;r2l, Dimensional Requirements Form Response to Attachment 43, Nfinimum Submission Contents 0 esponse to Attachment 94, Specific Submission Contents Response to Attachment 45, Review Standards for Your Application FEES DUE: S o�65-0, La 14Plz ob E 0 REQUEST FOR LAND USE CODE AMENDMENT TO SECTION 26.710.170 APPLICATION SUBMITTED BY: Kolor Wheel of Aspen, LLC Kathleen A. Schulman, Owner 720 E. Durant Avenue - Suite E2 Aspen, CO 81611 (970) 544-6191 DATE: June 12, 2000 The following proposed amendment is to add "paint -your -own ceramics, arts & crafts studio" as a permitted use to the Neighborhood Commercial Zone. Please note from the attached business description and history, that the Kolor Wheel has been operating under "temporary" conditional use in this zone since May 1, 1999. If the proposed amendment is not allowable as requested, I would appreciate being considered for review for conditional use. Thank you for your consideration. Sincerely, een A. Schulman Owner attachments 0 0 REVIEW STANDARDS - Application for Code Amendment SUBMITTED BY: Kolor Wheel of Aspen, LLC 720 E. Durant Avenue - Suite E2 Aspen, CO 81611 (970) 544-6191 This is a request for Planning & Zoning to consider an official Code Amendment to Section 26.710.170, as it relates to the following business and operational needs and location for the Kolor Wheel, which has been temporarily located in the above stated address since October 1, 1999. BUSINESS DESCREPTION: Kolor Wheel is a "paint -your -own' ceramics studio. We offer contemporary bisqueware, materials and supplies for the public to paint. Painted pieces are then glazed & fired and ready to use as functional or decorative ceramic items suitable for personal use or giftware. Additionally, we provide educational instruction and creative outlets for school, scout and religious organizations as well as non-profit foundations such as the Silver Lining Ranch, Aspen Buddy Program and Challenge Aspen to name a few. All of our materials are non -toxic, lead free and are harmless to our customers and the environment. We provide a safe and supervised establishment where our customers can (and do) feel secure that they will not be harmed in any way. HISTORY OF BUSINESS: Originally owned and operated in Basalt, CO for two years (1997-April 1999). Business was terminated in Basalt by sale in April 1999 to Kathie Schulman and Melinda Goldrich. Kolor Wheel operated temporarily as an accessory to Alien Cycles from May 1, 1999 to September 30, 1999 at 430 S. Spring Street. Kolor Wheel was moved to its current location at 720 E. Durant Ave., Suite 2 on October 1, 1999 and received a temporary "Conditional Use" permit to continue operating. This "Conditional Use" was granted until November 10, 2000 provided our application for a code amendment was filed by June 15, 2000. The Kolor Wheel is solely owned by Kathie Schulman at the present time. BUSINESS OPERATIONS (LOCATION, SIZE, DESIGN) Kolor Wheel originally operated in approximately 325 square feet at its 430 S. Spring Street location with an off -site studio (approximately 350 square feet) for inventory, glazing & firing. Our operations require a minimum of 600 square feet to accommodate inventory and supplies and have comfortable seating capacity for 20+ customers and 3 staff. 0 0 PLANNING & ZONING APPLICATION - REVIEW STANDARDS -2- Our current location at 720 E. Durant Avenue is perfectly suitable for our needs. We have greatly improved the efficiency of our operations and have, therefore, reduced the need for daily vehicle trips to and from each of our previous locations. Our customers have found our new location convenient to get to by bus, walking or bicycle. Parents feel comfortable leaving their children with us to paint ceramics while they carry on with their errands at the neighboring shops. We are open daily to the public from 12 Noon to 6 PM. Additionally morning hours and two additional evening hours are available to host a variety of camp, school, religious, scout and other special interest groups as well as private parties, including birthdays, baby and bridal showers. We offer a variety of arts & crafts workshops to the public. Certified Art Instructors will teach children and adults special techniques in ceramic painting, mosaic tile construction and painting on glassware. We have a very affordable average ticket price of S 15.00 for children and S25.00 for adults. IMPACT OF PROPOSED CODE AMENDMENT: We have just completed our first fiscal year of operations. The compliments we have received by the local community residents as well as the visitors have been numerous. We have not had any complaints by our customers or neighbors. In fact, many of our neighbors are repeat customers and are very much in favor of our being a part of this area in town. Kolor Wheel provides Valley residents, special interest groups and visitors with an affordable indoor activity venue for children and adults to use their imagination and create functional household items and gifts. Our success depends largely upon having a convenient location within walking distance to the core area with RFTA bus stop access. Being located in a Neighborhood Commercial zone is of equal importance. If our customers can easily walk or take a bus to our location, it greatly reduces the need for vehicular traffic. Our customer base has been approximately 70% local and second homeowners and 30% visitors, who have commented that they are delighted that Aspen has opened up a "paint -your -own" ceramics studio. We have designed and decorated the Kolor Wheel studio to provide a warm, friendly and creative environment. We take great pride in our customer service efforts, particularly with the children who come to paint or have their birthday party at the Kolor Wheel. Our intent is to continue operating the business at 720 E. Durant Avenue indefinitely. I currently have signed a 3 year lease, ending on October 1, 2002. I would continue to exercise renewal options, if approval from Planning & Zoning for this location is granted. • i PLANNING & ZONING REVIEW STANDARDS -3- The Kolor Wheel is compatible with that of our present business neighbors. In fact, I would like to think it has enhanced the character of the neighborhood by providing local residents and visitors with a unique, fun and affordable indoor activity close to many of the services which are utilized by them regularly. Thank you for your consideration of my request. Sincerely Kathie Schulman Owner so • 0 26.310.040 STANDARDS OF REVIEW: In reviewing an amendment to the text of this Title or an amendment to the official zone district map, I am hereby requesting that the City Council and the Planning and Zoning Commission consider the following: A. There should not be any conflict with the applicable portions of this Title, as The Kolor Wheel is a daily "service" business. Our customers come to the Kolor Wheel for the purpose of receiving instructions for painting functional pieces of ceramics and glassware for their homes, or to give as gift items. B. The proposed amendment is consistent with all elements of the Aspen Area Community Plan. The Kolor Wheel was designed to be accessible and affordable to our customers on a daily basis. We take pride in our ability to service the needs of our customers. We offer a safe and friendly environment, whereby parents can feel secure about leaving their children for an hour or so while they are shopping at neighboring business establishments. C. The proposed amendment is very compatible with our surrounding zone districts and land uses. We have been operating in this zone since May 1, 1999. We have complied with the rules and regulations of our leased space and have not received any opposition or complaints from any business or resident. D. The location of the Kolor Wheel in the Durant Mall is ideal because it is easily accessible by RFTA, bicycle, West End Shuttle and Galena Street Shuttle or, for residents who live in town, it is a 5-10 minute walk. Thus, there would not be any adverse effect on traffic or road safety. E. There is no distinguishable impact that the proposed amendment would have any greater demands on any public facilities. F. The Kolor Wheel uses only non -toxic, water -based clay and glazes. Our products are not harmful in any way to our customers or to the environment. G. We have just completed our first fiscal year of business in Aspen in the "NC" Zone. The compliments we have received from our customers and neighboring business establishments have been numerous. I feel strongly that the Kolor Wheel greatly enhances the character of the community by offering an indoor activity that is affordable, educational and, most of all, inviting to all aspects of our community. We have provided educational instruction and creative outlets for school groups, as well as special interest groups such as the Silver Lining Ranch, Challenge Aspen and the Aspen Buddy Program along with several Boy Scout & Brownie Troops. • 0 26.310.040 STANDARDS OF REVIEW -2- Submitted by: Kolor Wheel of Aspen, LLC H. The Kolor Wheel has changed the dynamics of the Durant Mall by offering a Unique "service" to Aspen; a service which has been admired and supported by local and Valley residents, visitors and several non-profit organizations. In fact, over 75% of our customers and groups have sought out the services of the Kolor Wheel repetitively. I. As stated above, the Kolor Wheel has been operating successfully and without any complaints in the "NC" Zone for 13 months. We have complied with all the rules and regulations of our leased space and the Durant Mall. There has been no opposition or conflict that would preclude us from being in harmony with the purpose and intent of this Title. In conclusion, we have established a clientele of all ages that look forward to their experience at the Kolor Wheel. It is my wish and intent to continue to provide this special and unique service to our community and its visitors in a safe and friendly environment. It is my hope that I will be granted approval for permitted use or at least considered for conditional use. Once again, thank you for your continued consideration and support of my request. Sincere( , Kathleen A. Schulman Owner June 12, 2000 W ORDINANCE No. 35 (Series 2000) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING AMENDMENTS TO THE TEXT OF THE CITY OF ASPEN LAND USE CODE TO ADD LANGUAGE CREATING A NEW SECTION 26.710.330 SKI AREA BASE (SKI) AND AMEND SECTION 26.515.030 REQUIRED NUMBER OF OFF-STREET PARKING SPACES. WHEREAS, the Community Development Director proposed amendments to the text of the Land Use Code, as described herein, pursuant to Section 26.210; and, WHEREAS, the amendments proposed relate to Sections 26.710.330 and 26.515.030 of the Land Use Code of the Aspen Municipal Code; and, WHEREAS, the City of Aspen recently annexed property into its city boundaries which needs an additional zoning district which shall be applied to the newly acquired properties; and WHEREAS, this newly created zoning district shall be called Ski Area Base (SKI) and added to Section 26.700 Zoning Districts of the City of Aspen land Use Code spt-1cally as Section 26.710.330; and WHEREAS, this Resolution shall amend Section 26.515.030 Required Number of t,.. Street Parking Spaces to include SKI Zone District as a Use; and WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Planning Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Planning Director recommended approval of amendments to the Land Use Code, as described herein; and, WHEREAS, the Planning and Zoning Commission conducted a public hearing to consider the proposed Land Use Code amendments on July 18,2000, took and considered public testimony and the recommendation of the Planning Director and recommended, by a six to zero (6-0) vote that City Council adopt the proposed amendments to the text of the Land Use Code, as described herein. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: The Land Use Code of the City of Aspen Municipal Code is hereby amended, as follows: Section 1 Creating Section 26.710.330 Ski Area Base (SKI) by adding language as follows: A. Purpose. The purpose of the Ski Area Base (SKI) zone district is to provide for areas which allow for a mixture of uses related to ski area uses and operations including, skiing and appurtenant uses and structures, ski area administrative offices, recreation, lodge/hotel, retail, restaurant and bar uses, tourist -oriented service uses and residential uses. It is intended that this zone district will apply to areas located at the base of ski areas and all development within this district will be master planned through a Planned Unit Development (PUD) process. B. Permitted uses. The following uses are permitted as of right in the Ski Area Base (SKI) zone district: 1. Alpine and nordic ski areas, related uses and support facilities typically associated with the uses and operations of ski areas; 2. Lodge units; 3. Hotel; 4. Multi -family dwellings; 5. Detached residential or duplex dwellings; 6. Dining rooms, customary accessory commercial uses, laundry and recreational facilities located on the same site of and for guests of lodge units, hotels and dwelling units; 7. Accessory residential dwellings restricted to affordable housing guidelines and Section 26.520.040; 8. Ski area administrative offices; 9. Restaurants and bars; 10. Special events associated with ski areas including such events as ski races, bicycle races and concerte, -, net * s f 11. Parks, outdoor recreational uses and trails;��'� 12. Recreational facility; 13. Retail establishment 14. Public transportation stop; • 15. Terminal building and transportation related facilities; 16. Medical clinic accessory to the ski area; and 17. Accessory Buildings and Uses. 18. Outdoor vendor carts or areas for food and beverage sales and 7 preparation. C. Conditional uses. The following uses are permitted as conditional uses in the Ski Area Base (SKI) zone district, subject to the standards and procedures established in Chapter 26.425: 1. Day Care Center; 2. Timesharing; 3. Offices, business; 4. Public and private surface and underground parking areas; Essential governmental and public utility uses, facilities, services and buildings (excluding maintenance shops); and 6. Post office substation. D. Dimensional requirements. The dimensional requirements which shall apply to all permitted and conditional uses in the Ski Area Base (SKI) zone district shall be set by the adoption of a Final Development Plan, pursuant to Chapter 26.445, of Planned Unit Development. E. Signs. Signs within the Ski Area Base (SKI) zone district shall be subject to the provisions of Section 26.510, Signs. A sign master plan may be approved in conjunction with a PUD review process allowing for the establishment of dimensional and quantity sign standards for the PUD. Crrtinn 2. Section 26.515.030, Required Number of Off -Street Parking Spaces (to add SKI Zone District Use to the existing parking chart) is amended by adding language as follows: Uses r Zone District Lodge I Residential All Others SKI Special Review I* Special Review ATTEST: CITY COUNCIL: Kathryn S. Koch, City Clerk Rachel E. Richards, Mayor FINALLY, adopted, passed and approved this day of , 2000. APPROVED AS TO FORM: .John Worcester, City Attorney C:home/joyce.AHVcouncSKIcode_amend THE CITY OF ASPEN MEMO FROM NICK LELACK PLANNER 3. • p Z, 2. �) 0-evi evi e,a 7vJ ( S vCA es A. �i • _ �2ta 130 SOUTH GALENA STREET ASPEN, COLORADO 81611-1975 j THE CITY OF ASPEN MEMO Hom NICK LELACK PLANNER B - co., T) t �, . (I cf ,� I ntg.- P 'j, <<z �- 6,4- 4-C-41,3r�,)UTH GAEENA STREET Asi,EN, COI ORADO 81611-1975 MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Nick Lelack, Planner* RE: Kolor Wheel Land Use Code Amendment Public Hearing DATE: August 1, 2000 SUMMARY: These photographs show the 700 block of East Durant, which is one of two blocks in the City zoned Neighborhood Commercial (NC). The proposal is to add "paint your own ceramics, arts, and crafts studio" as a permitted use in this zone district. APPLICANTS/REPRESENTATIVES: Kathie Schulman ZONING: Neighborhood Commercial (NC) REVIEW PROCEDURE: Land Use Code Amendment: City Council may approve or deny an amendment to the Land Use Code after considering a recommendation by the Planning and Zoning Commission. AREAS ZONED NC (SEE MAP ON PAGE 3): There are two blocks in the City zoned NC. 1) The City block bordered by Durant, Cooper, Original and Spring streets; and, 2) The block surrounding the Clark's Market shopping area. This block is bordered by Mill and Puppy Smith Streets, the Post Office, and houses located on East Hallam and Monarch Streets. STAFF COMMENTS: Kathie Schulman, owner of the Kolor Wheel (Applicant) has applied for an amendment to the Land Use Code to add "paint your own ceramics, arts, and crafts studio" as a permitted use to Section 26.710.170(B) Neighborhood Commercial (NC) Zone District. As an alternative, the Applicant proposes adding this use as a conditional use to the same zone district. Specifically, the intent of the use is for an instructional ceramic finishing studio to include on -site firing of the ceramic and a retail sales component. City Council granted the Kolor Wheel two (2) 6-month temporary use permits to operate the business at 720 East Durant in a space approximately 600 square feet; the second temporary use expires in November, 2000 and cannot be extended a third time. The operational style of this use and expected impacts on the surrounding properties has been and is expected to be similar to uses already allowed as permitted and/or conditional uses in the zone and nearby zone districts. However, staff does not believe this type of business is consistent with the intent and purpose of the NC Zone. The 1993 and 2000 Aspen Area Community Plan's (AACP) Commercial/Retail Action Plans include actions to "Revise the Neighborhood Commercial and Service/Commercial/ lndustrial (SCI) zone districts permitted and conditional use lists to ensure only local serving uses are permitted within those zone districts." The following table includes the uses currently allowed in the NC Zone District: Permitted Uses Conditional Uses 1. Drug store; 1. Service station; 2. Food market; 2. Laundromat; 3. Liquor store; 3. Garden shop; 4. Dry cleaning and laundry pick-up 4. Hardware store; station; 5. Paint and wallpaper store; 5. Barber shop; 6. Carpet, flooring and drapery shop; 6. Beauty shop; 7. Business and professional office; 7. Post office branch; 8. Free market dwelling units which 8. Record store; are accessory to other permitted 9. T.V. sales and service shop; uses; and 10. Shoe repair shop; 9. Home occupation. 11. Video rental and sale shop; 12. Accessory residential dwellings restricted to affordable housing guidelines; 13. Accessory buildings and uses; and 14. Farmers Market provided a vending agreement is obtained in accordance with Section 15.04.350(B) of the Municipal Code. Specifically, the purpose of the NC zone is "to allow small convenience retail establishments as part of a neighborhood, that are designed and planned to be pol -2- • 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" It is this last phrase — to serve the daily or frequent trade or service needs of the neighborhood — in which staff does not believe this business conforms. In other words, a person's daily needs do not typically include the need to paint ceramics. Two areas in the City are zoned NC, shown on the map below. This amendment could impact these areas as well as any additional areas rezoned to NC in the future; in fact, the 2000 AACP Action Plan number 21 calls for adding NC zoned areas to undeveloped commercially zoned lands in the rty. Staff is pleased this locally owned, small business is thriving in town. One indicator of the business' success is the letters and petitions signed in support of this application. However, Staff believes a more appropriate location for the business is in the SCI Zone District. The purpose of the SCI zone district "is to allow for the use of land for the preservation or development of limited commercial and industrial uses $�7 L�� -3- which: may not be appropriate in other zone districts; do not require or generate high customer traffic volumes; are primarily oriented to the manufacturing, repair, storage, and servicing of consumer goods and have a limited office, showroom, retail, or customer reception area; and, to permit artist's studios as well as customary accessory uses, including affordable residential dwelling units accessory to permitted uses. Although the business generates high customer traffic volumes — mostly pedestrian, Staff believes the SCI Zone District is more appropriate because the commercial use — paint your own ceramics — is not appropriate in other .zone districts is an v oriented to consumer goods and has limited office space; in addition, this zone district per i s artist's studios as an accessory use. In summary, Staff does not support this amendment to the Land Use Code because the use does not (1) fit the purpose and intent of the zone district, (2) meet the review criteria, and (3) consumes valuable space in one of only two blocks in the City zoned NC, which is designed to provide areas where only local serving uses are permitted. RECOMMENDATION: The Community Development Department recommends denial of the Land Use Code amendment to include "paint your own ceramics, arts, and crafts studio" as a permitted use in the Neighborhood Zone District. Staff recommends that if the Planning and Zoning Commission decides to recommend City Council approve the amendment, that it only be added as a Conditional Use to give the Commission the opportunity to review the location, size, design and operating characteristics of the use, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, and available public facilities among other standards. RECOMMENDED MOTION: "I move to approve Resolution No. , Series of 2000, recommending City Council approve an amendment to Land Use Code Section 26.710.170(B) / Neighborhood Commercial (NC) Zone District to add "paint your own ceramics, arts, and crafts studio" as a perrW ed use." ATTACHMENTS: � (✓U- d Exhibit A — Review 6iteria and Staff Findings Exhibit B — Application Exhibit C — Letters and Petitions C:\home\nicklWctive Cases\Kolor Wheel\PZ_MEMO.doc -4- RESOLUTION NO. (SERIES OF 2000) RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE AN AMENDMENT TO THE NEIGHBORHOOD COMMERCIAL ZONE DISTRICT PROVISION OF THE LAND USE CODE, SECTION 26.710.170(B) WHEREAS, Kathie Schulman, owner of the Kolor Wheel (Applicant), has applied for an amendment to the Land Use Code to add "paint your own ceramics, arts, and crafts studio' as a permitted use to Section 26.710.170(B) Neighborhood Commercial (NC) Zone District; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Planning Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Community Development Department recommended denial of the amendment to the Land Use Code, as described herein; and, WHEREAS, the Aspen Planning and Zoning Commission has opened the public hearing to consider the existing and proposed Land Use Code amendments, took and considered public testimony and the recommendation of the Planning Director and recommended, by a _ to _ (_-� vote, City Council adopt the proposed amendment to Section 26.710.170(B) of the Land Use Code, as described hereinafter. NOW, THEREFORE, BE IT RESOLVED that the Planning and Zoning Commission recommends City Council amend Section 26.710.170(B) Neighborhood Commercial Zone District — Permitted Uses of the Aspen Municipal Code with the following amended language denoted by the underlined text: 26.710.170 Neighborhood Commercial (NC). B. Permitted uses. The following uses are permitted as of right in the Neighborhood Commercial (NC) zone district: 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; 11. Video rental and sale shop; 12. Accessory residential dwellings restricted to affordable housing guidelines; 13. Accessory buildings and uses; 14. Farmers Market provided a vending agreement is obtained in accordance with Section 15.04.350(B) of the Municipal Code; and, 15. Paint your own ceramics, arts, and crafts studio. APPROVED by the Commission at its regular meeting on August 1, 2000. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk CAhome\nickl\Active Cases\Kolor Wheel\PZ Reso.doc Robert Blaich, Chair 9 EXHIBIT A KOLOR WHEEL LAND USE CODE AMENDMENT 26.310.040 Standards of review for Amendments to the Land Use Code. In reviewing an amendment to the text of this Title or an amendment to the official zone district map, the City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Finding Staff believes the proposed amendment to add "paint your own ceramics, arts, and crafts studio" as either a permitted or conditional use to the Neighborhood Commercial Zone District conflicts with the purpose of the zone district. The purpose of the 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." Staff does not believe this use serves daily or frequent trade or service needs of the neighborhood, and therefore conflicts with the purpose of the zone district, and therefore this Title. Staff does not believe this criterion is met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. Staff Finding The 1993 and 2000 Aspen Area Community Plan's (AACP) Commercial/Retail Action Plans include actions to "Revise the Neighborhood Commercial and Service/Commercial/Industrial (SCI) zone districts permitted and conditional use lists to ensure only local serving uses are permitted within those zone districts (Action No. 5 in 1993 AACP and Action No. 19 in 2000 AACP)." This action has been completed. The 2000 AACP Action Plan number 21 is to zone additional areas NC and SCI within the City. Because Staff does not believe this use is consistent with the purpose of the NC Zone District, and this zone district has been and continues to be a direct result of the 1993 and 2000 AACP Action Plans, Staff does not believe it is consistent with these elements of the AACP. The proposal is consistent with other elements of the AACP. Specifically, the Economic Sustainability philosophy states that "local ownership of business helps maintain our communities unusual character, tends to return more money to the local economy, and provides additional opportunities for upward mobility of working people." Two policies -s- r 4 under this section are to (1) Encourage local ownership of businesses, and (2) Ensure government support of a diverse business and non-profit community. A related action, Action No. 91, calls for the City to "Study and consider ways to support a diversity of small, locally owned businesses in the commercial core as opposed to national chains stores and tourist -only oriented retail." These elements of the AACP support the proposed amendment in terms of encouraging locally owned, diverse businesses near the commercial core. Staff does not believe this criterion is met because the AACP specifically calls for developing and expanding the NC Zone District, which this proposed use does not comply with. Staff believes the community would be better served if this business were located in the SCI Zone District, and the NC Zone District be left for businesses serving residents daily needs. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding Staff believes the proposed amendment is compatible with surrounding zone districts and land uses for the 720 Durant property. Surrounding zone districts include Commercial, Commercial Core, Residential/Multi-Family (RMF), and Lodge/Tourist/Residential (LTR). This business has had and is expected to have the same visual and operating characteristic as the uses that are already allowed in the building, on the block, and in the neighborhood. The NC zone allows for and contains uses with a high amount of commercial activity, deliveries, pedestrian traffic, and the general affects of commercial activity. The use has been and would continue to be contained within the building and not have any exterior impacts. Outdoor merchandising is not expected and would not be permitted. The property is on the edge of the Commercial Core and this use is expected to be in similar character as the uses already permitted as of right in the Commercial Core and Commercial Zone Districts; the RMF and LTR Zone Districts allow for a variety of tourist and residential accommodations. Although Staff believes this criterion is met for the 720 Durant location, Staff remains concerned about the protection of appropriate uses in the limited area zoned NC so that this area will not be diluted by uses not intended as neighborhood -serving. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding The amendment would have little impact on the auto traffic patterns in the downtown area; it is unknown what effect the proposed amendment would have on other areas of the City zoned NC if this use were actively practiced elsewhere. There is a high amount of =.s pedestrian traffic in the downtown area but this business will not hinder that movement. The use should not be allowed to display items in the public rights -of -way. There is not expected to be any abnormal noise events associated with this use. Noise levels are expected to be minimal. Staff believes this criteria is met on the area zoned NC near the commercial core, but is not certain how other future areas zoned NC would be affected. If the Planning and Zoning Commission approves this amendment, the conditional use would be more appropriate than a permitted use. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding Staff does not believe the proposed amendment would result in increased demands on public facilities. The two area currently zoned NC are served by all public facilities. This use is not expected to substantially increase demand for public facilities in any way. Staff believes this criterion is met. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Finding Staff does not believe this use would significantly adversely impact the natural environment. The use does not create excessive noise or air pollution, the operations do not require the use of substantial amounts of natural resources or dramatically effect the natural environment in any way. According to the Applicant, most of the clients arrive by foot or bus. Staff believes this criterion is met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding Staff believes this use is absolutely consistent and compatible with the community character in the City of Aspen. The use has educational, artistic, and recreational components, all of which are encouraged throughout the community. Staff believes this criterion is met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. -7- Staff Finding The high vacancy rate of downtown buildings near the NC Zone District supports the proposed amendment; this locally owned business has rented space in a building on a block adjacent to the commercial core for over half a year with the potential for a long term lease. Staff believes this criterion has been met. I. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. Staff Finding Staff believes the public interest is in having zone districts for different uses that are each important to supporting a thriving community. The AACP specifically calls for further developing and expanding the NC Zone District to provide areas for businesses serving the daily or frequent trade or service needs of the neighborhood. Although Staff believes this business is in harmony with the purpose and intent of this Title and makes a positive contribution to the community character of Aspen, Staff does not believe the use is appropriate for the NC Zone District, which has been approved as part of the AACP — a public interest document. Staff believes the SCI Zone District is much more appropriate for this use. Staff does not believe this criterion is met. -a- 0 - 0 I pi#kin Ccu�ty. r info; rina#ifln First Name Last Name or Corp Legal Description Real Estate Brokers ( ) Subdivision: Durant Mall Partnership ( ) Mailing Address Include in Mailing: Yes Block: Lot: 720 E Durant St lThru: 4-ot: Aspen CO 81611 Remarks: Assessor's Office Value Complex: DURANT MALL - AMENDED Land: $100,000 E-2 Bldg(s): $300 000 Remarks: Total: $400 000 Land Size: 0 _ Taxes: $3,626.04 Property Use Code: OFFICE 1ST LEVEL MED Note: Assessed Value is typically 10-30% Parcel (Mapping) #: 2737 18 2 42 49 below Market Value, however Physical Address: there are exceptional variances E'2 Note: Physical wdh regard to VACANT LAND. Address is incorrect ASPEN 37% of the time, due to Sales History incomplete county information. Various Sq Ft Misc Amenities Office First Floor-792,. Structural Bldg. Value Original Yr Built Sq Ft - Heated Sq Ft - Total $300,000 1975 792 792 Bedrms Baths Rooms Stories Building Model Building Type 0 0 1 1 COMMERCIAL DURANT MALL limt Type - F TYPe Roof Cover Roof Stru rt e Y cw mStrud_ u1ra1 Frame GOOD -BASE GOOD -BASE GOOD -BASE GOOD -BASE GOOD -BASE WDFRAME-B # of Structures on Site (per County): 1 SPECIAL WARRANTY DE1:u THIS DEED..ma w tars )rd t...wt May .1 R9. 3 I I Z J W bmr-Rn Jcseryh 3. Ifiiscn, Jane t:. "Uj and ics us S(rs;.ove SILVIA OAVIS y othm riTKIH C!Ir7 RECORDE� C..: Coumynt PLt '1 .it.r►r.nGaaaaw•V+atw+mmW The '.deal 'state 3znkers r 'I Currant I-ULU ?artzer; •iip R1T `± 114U jLlt 8�1 -nu.e lep!.ddee.. a 721 FAsc Durant at -met, jxspen, Cv 31611 I { i i. of the Canty m P!.=kin . $eLa of Calemdo, pradlrcU l: wirs:FssM.'hat the an.walL'*tandin:MtitlrlxtudCal lnv.Wrnof TEN arld no/100 D=:aXRS i0) ADC; JTF .Z BCD AND VALIL;, ^T " thercccp Ard wRlcienry of-iud .. neteeyaeanwtm ded. ha ve pmwd. herammu.,aid.w aatwt7d. od by Twid=mmts do IM11, ' batryvn, zed.:=o T and eonAen. anw tea Vwm=(a). i t3 heva atW aaipaC ftart %W. ill trle tell property. WSt IjW with implawrnoU. j J any. wttwe. lyrns and Iami'o ram Caa,rty of lay zkt ,i of C-Aldreda, ! ' aeaeatbed u (dl�•s: II Condominium Units L-2 and 2-4, THE DURAV^_' kALL (A CONDOMINIIIlS) , I, according to the Condominium 'tap thereof recorded February 6, 1976 in Plat Book 4 at Page 565 as Reception No. 191398 and amendments thereto recorded October 21, 1983 in Plat Book 15 at Page 48 as ! Reception No. 254134 and recorded June 14, 1984 in Plat Book 16 at Page 10 as Racaption No. 260233, and as further defined and described in the Condominium Declaration for The Durant Mall (A :I Condominium) recorded February 6, 1376 in Book 308 at Page 518 as {� Reception No. 181397. I� Count of Pitkin, State of Colorado ��, t•^,Y .II: I, MAY —aM .II 2180 Uo a a'y nova and number u: 720 East Durant St--eet, Aspen, Co +3161.1 ITDGrrH R attn an Lod .vdetrlar 74 U2WImr=m tad appureaaaa o ihentn brta wg. or in any-w appenaming, e.d me m rmo Lod row nione. RrnYnder sad emrr MIIC"..rmnm, lavtrs Lid prone Varedfl and all the mm.. righl, isam, lament. brain and de,nrd -maoc tr of Ihd p morleL :line N Is. or mquity. A in And d the abowe *wTu cd ommuea, wlh the hotam ota and appurteoa mi: TID HAVQ AAD TO aOLD tee Laid nerves mvo v twywecd And dewnbed -uh lM rryurmotaneva. unto UK snot-M its tt.vf end rtem retwer. Ttw yentw(q l e th= WK- s. rrwaf r twnadd perAatol nemsnwiw ry Awrswar.. Se morauw md.P4rhv -'ley sh.11m*ww•iII-ARRANT AND MAEVER0QMDtbeohm .rb.rp.inarperdtwin.hagtinandteumaerpaeeamnoflAepentae(al. it3 awalm a any vrt ihanrrwf, a L tfWuyn ar wAW1 wne ert tw.L IN wrmess wHERFAr. the tradwrtal a& ve nert¢J Utn Jced m mr wr.rm tt (dnfr abowe. SATE Of Z,' W RA DO C—fty of 21 �.171 The before Are Una 44'� „(•-z/ ,ra. of Dtay b' Joseph El. Vilson, Zane W. My and JOSI'.ua SAS10v0. WioAna my 1..,d and .(final sal. *�NIC//4E`• My�,nrnuaweaprrew aJ'?P�'.S� o a .,,uin?Wimn,-toymU.' ,Vn, ;R,,�ca, lam Yefl lwL Wa�LaYR'fti:YJa irw-+•wt >^r•••-.'r:'a .,A w� t.rw-..tmew;ta .W„:1wM■ I ?L'BL:C vOT1cs :uca is located adjacent .o Aspen ;reens chat insure your :)rivacv. Ind is only minutes walk ,o the 40 CLEANERS 1 U IN ) CLEANERS y aUk"tJEATREISP USHwy 6&24 :n in 'Nest Gtenwccd Plaza) ervice Dry Cleaning ing & alterations zeriice Service Available =r Cleaning 'G FORK VALLEY ..Return Wednesday .. ..Return Friday ....Return Monday 'RINGS delivery Wednesday :)r delivery Thursday ip or delivery Friday up only on Saturday or delivery Monday or delivery Tuesday Hours: '.-� • 8 am - 5 p.m =ree hick -UP & Delivery Arrangements 7C' S HEREBY GIVEN .0 7HE ='CEIRAL _ n1BLC. On August 11. 1999. the Board of County Commissioners of Mtkin Couoty, Colorado, adopted R=Qlutlon 99-144 yantttug spesdal review aoproval o(A demcbed dwdllrtq -tut an the 'NhitdPao6er' The subtei t property Is dee0ed aorit had situated in the 5oclla�tst I�I.yI ownship 9 30u pytadpnllteVStta _ ��IF erty T1r AAA T1id . c S on 7ue C,VEV that a erotic 999 at hearing tseld on Tuesday. ep[�ger t3.:999.it a •-1f o Segtn at �:00 7.m. Selorethe .Aspen �c t:ounca. Ciry `ouncil. Cry Mall. (:;o S. -i r_j­a ?t.. .aspen. to :onslder an appifcation suomrtted by _sty of .Aspen Communtry 3evefooment C�eoarcment, mquestlng approval \ for a ?r000sed _.tole \mendment 'o _ectlon fi _6.:04.:C0. Denitions. and eCion -6.510. 'igns.'he 'derinitlon )f 'Sigh' The pre, posed :ode amendment wouid change the ded- tution '.tf ' ;ign' :o =• c!Uae ­ndow displays. ?or further ntortnation..cntact :arah Oates at he .Aspen; `.1kin �:„mmumty Development Department. :D0 S. Galena -L Aspen. •_0. 970) 920 I it or Iy -mati at saranoda_.astten.co.us. :;(Cachet Ei Rishuds, Mayor Aspen City Council Puolished .n The Aspen ;Ames on .August ';3. 1999. 48OL4) - ?1.3L'C ,voT•.Ci7 vor,Cs of a\'AIL.,,31= OF avivu. L RE7, 'R,v Pursuant :o Section il0•tfb) of the 'nternai Revenue .ode. notice s hereoy even chat the annual return for --he year ending :une-0.:999. of the !.-'ta And Morton Fietler Foundation. a ?rt- vate .'ounaa(ron. s available !or public 'nscec- tion oy lnv.nterested citizen 'w no requests t at the -ounaahon's princ:pal office located at Reese Henrr f Camoany, Inc. C,O Denise Jurgen. 40o E. .Hain Street Aspen. Colorado 31611. Telephone 970) 925-J771. beginning on the date of this pUDIICation and !or t80 days !hereafter funng normal business hours. The prtnc:oal .manager of the Foundation :s Morton A. Heiler. Pubksned :n The Aspen Times August 23. 1999. ?CBUC N07C- RE KOLOR VF EEi TE.\1PORARY USE ?ERMIT . "-0 East Durant Avenue. (,,T.C-- :5 :HF_ E3Y ,-,N'EN that a public nearing will z)e neid on `.londav, September :3. 1999. at a meeting to Se•,in it :.•A p.m. Swore the .Aspen City Council._:r: 'aunc:l --hampers. City Hail. 130 S. Calen.a St., Aspen.:0 consider .an appiica- tion submit:ed by Me!inda Goldricn. Kolor Wheei. 'nc.. nquessng approval !or a six month temporary :se perms io operate an .nstracnon- at ceramic .n,sning studio 'with retail sales it 7_0 EL;t Du: ant avenue. The property s within 'he Neighoornocd Commercial (,NC) Zone District. .'or htrher "formation. contact (""ins 3endon at the .AseeniP?tktn Commumt Development Department. 1:0 S. C,alena 53.. aspen. Co (•970) 920-507=. ctirisD-9c%.ispen.co.us. s(Rac.^.el E. Richards. Mayor Aspen C[ryCaunc9 ?pblished n 'fie Aspen Times an august 18. 1999 _ l -BCC .N07C_ RE C.^! CF .tiS?c_-N ' A.VD i;SE CODE A.\tE.D\le,.`�- ?r ;:,vEJ �E`;E[.OPSIE" E'X _. NO7CE 'S HER�3•! G:\'EV that a public hear•ng wilt k neid m .•dunday, September ;999. at a meeting :o Se;in at 5.!:O p.m. before :he Aspen City Council. '::R' Council Chambers. City Had. !JO Su. Ga;ena St.. Asp -an. to consider an appli. cation ;ubmitted by the Cay of Aspen Community Deve.!upment Department request. - ing aCoonon of revised ?fanned Unit ` Deve!opmen! Y? D1 Renew -gttlations.. lie Proposed •:ore lmandment -would .affect Section D6.445-?!anr.ad !;nit Development r?!_-D) -of :he Munic:pal _ode. ?'he proposed _one amend- ment inc!udes a .'.liner ?I-D process for proper. ties within the Lodge ?reservation ;L?) Overlav Zone Distr:c% or :ar:her information. contat:t Claris 3endon it the Aspeni ?itk:n Community Development Department. 1D0 S. Galena St.. Aspen. co. (970) 920-307 . chns r,4ci.asoen. co. us. s;Rachel? Richards. Mayor Aspen C:ry Council Plblisned n _'he Aspen Times on August 'S. 1. ?ecra� (itiev oil An syep ae+d a d" 4dso aCI- mM a 0awc ' Mt aaete'a wq doe Ali• i nn ---atL 7h. �.....: QKA) aa� 3. 400M 5ggon : r �. -ye rand ,X..= 1". i orlw u±_� ---a wain a gym =y.Vcn..x onaaaly a -Moore of trends - ,kw tb. A-+etg0=%t _o 1 af®ns !evil eremded 90 ?a-mt of any •,. rime iaaaa aeatx�t praiod watca nail neat x•�••-••- C. 3aswen 0 ane .kn are =teed a detasd m -:Ik [l of -_6e ?-tl Catmty Cadq La :eat '.matted to aura , i;=ed 3-1. 3-Z. � 3. '/e and is Mtn 1m" ,eea - D. : •emsaoa .\ anon:.lay and ail -aviry sA=xl a de lerrodt:, a u r q, a;L nn L ISUJing rr -.q pw r of `.m;didVL 7ada cr +nne'•waotts :anon. atc:uaieq :art carrg. 7witur. zuv-ong and :1m; r C=j0M D-smcr..\ :'.oarmq ,amt4 :or ae ?ravasa of �XLs Omit mm Ater. Mae of oo;ttiaq roosatteon aGavtty. 7jis ,:avian- wilt k atCff= oasy :a -he of sd A=wy or �ar to •coin of my lopticlaw otoldirtq xrtact It a deiq-"M a waieaever 'a :aorta. : au . vaiim =Y'ac:.a a lay ot'Se Moe cimfas is de. 'ale a of _e ?loan Cauaty. (_-xe Canocww `+out .any round ­Mca oasts, smdatty -nttcut ;atanyoon..'of a 10) m,ataa or =«_ G. C +iFt�v t� cise: Any "md whica m a n mtmd'evel such "_fas spina the nine .:vei :s obtained r_wndvciv u .�Jy •ma:orc _ff is of -,am :L enb. !::aganCtate and :imeeattat:u ant of _feavt- oaten 'roil ;a aa::raq - oi rota>,l.: .t)Ci s rymw=:4 by Ye -.eces de. L Y_. _ ;hut Mean :nC .k=p P'dca �vw®mnl term CepamlerL 1. Dei.nkay •aeeha -ytucb .a mtradad m woduea .ar wrap aeaally prod iem. wow coeru d or imdlail Y. Z=c: _-QC'f `r-tL'Ct.•• A Maim 1=cic zu twrtzed ta -1 o ad waning 1, Z main incvw Sclts and/or tR ."or3s which :nay la-t ily ae •:sad wpm ; =o ac _g a ncr.-ncy or mtruig a;od= icta•nry. L=Mc.•rocv 'ar.trs: 'arc ax< - _.ion: ?rooe-v :o a ;ue :ocaiucn :ol lu :masaal c+•et if wet 7mnt-C :n CRItG. aeada ar;rOpei;y 3Vto :1t�10[UR � �:_ 1wiudes. Sot :s neat hutcd to ca mud. and ,:ruu :aaoval :�Om ?=tic - ofi"Y. St Grounds `-forte-sic-'•vcmrc ; au mwamct xc==y ro Muatata yatts, tan 'on wdiea lie!u.1G Sut',s not !:mum v'-a-, atrwem ,ogert atones, nucri aid .- szas. V. �tiave ` mse: a :wise xotavuog :zeros ataai;v 'aa =m one 11) a- d mc_ -to x mind !cvel air_r es n _ye'i r me,= mode. U. fot,•asaaal r>,, .itt ara.oned a'.edned :a -de I of to ?daa Cataty Cace'a::. rueoes8ng of :. ?. Norcr'%:.tnv ,r-ire vmca s,-^-t!'W Sy =z:�cca1 :owc. x.ur`t. ':r d.•Mted a. ;ssse.:gc :c ..ice:. =:cs.: v:Z ::r..acrz -wicrcyc:= _= cicc. ;C..n•RL;CL 4.-..< :Au -obis-- :na _.ag '•ciao!=. j. Uilt?r,� .ill al7nafJiL'a :nNlaMg aI 3:C: a3 JI :aaa�e[S of ']1..na �11A dSC. "_ ::: ?tit:•ose of r..e..;rlic-.g psi �atle-_l::a; nunu �i.ac_g ;-om :xa �p =':s. 2 �s<' .a Mum 'urticaa tcsurod is :Dc nwtd:r- cr_ _rcl a L=.be:a.a) Liao. mw=ted :r vjcn _aura-r •ands :o,=uu s rricrc ;r.ccaiogtw x;iyrc:c;.:_ - riti aaia a. \'wsancc ':e wing ui :r :te future :o io nmeWag'rk::a allows x?e..a:s cot;: aids ion nay aur_gsi :a _<c:-s ai �: aedttCs of::•s otduvt•.ce. i. 7ntn xreatnie -nine eve{ • Se'•{' weigi::ed Woad otmuc-'�,•i .1: ; _•. •rn;'fit-ce-r ;f'.*.e :menany �csursent ;cr.viatca is :te .eye: ':.a: act -soil :or an<;:1 ,,,-uie'a 3 ;m i ;�) :^inure r..odl sd s desorG = :% _ y;ia^ell lac-ta:e `:else;.. -vet -;he '.>" •cly^.tc? nand :rssse :�- `a. -.ecx:ai anew ` Al of me::me n _,Iv ;enrol u::s '_vet •fat .s _Czt,ed `ar -one ;9) Mmeta •.n a ::n i ;')) z:aue rr.:ce) xc .; dertera! L ')0. V. Z=23:.�-ay 3UX0011 :clog. Ara, xucanca. a;artncrsa:p.'3"1a ;.:: •prwranen.:rrrmmy.:.otaww. x�piic vu:tc. sse.:.•n xupcamr. _x.•a�:. auaie.pal cor7orlcon. State :r cry Zcvarmebt Agem:y, aisnict and any 49iovr 'LRCO r. ,1 v.Villl Ill�r 11v.7Coz f. 1 CERTIFICATE OF 0 -\-FivTERSH P Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hareby certifies that THE REAL ESTATE BROKERS DURANT MALL P.a RTNERSHIP is the owner in fee simple of the following described property: CONDOMINIUM UNITS E-2, THE DURANT MALL (A CONDOMINIUM), according to the Condominium Map thereof recorded February 6, 1976 in Plat Beok 4 at Page 565 as Reception No. 181398 and amendments thereto recorded October 21, 1983 in Plat Book 15 at Page 48 as Reception No. 254134 and recorded Tune 14, 1984 in Plat Book 16 at Page 10 as Reception No. 260233, and as further defined and described in the Condominium Declaration for The Durant Mall (A Condominium) recorded February 6, 1976 in Book 308 at Page 518 as Receptior, No. 18 1397. COUTNTY OF PITKN, STATE OF COLORADO Subject to encumbrances, easements, restrictions and rights of way of record. This cerL-.fcate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITKIN COUNTY TITLE, INC. B Y: IVI authorized' CERTIFIED TO: August 10, 1999 @ 8:00 A.M. THE CITY OF AsPEN MEMO FROM NICK LELACK PLANNER G�v-6 C4�- 5 , A�,S 130 SOUTH GALENA STREET ASPEN, COLORADO 81611-1975 4a do U c>& 'o • . •-• - LD 0 E O �J r-a i 37�- N1 O N 'I' 11; l� A s p e n C: r S 9 7 0. 9 2 0 f 1heel rnei /1&/7t� 0 0 REVIEW STANDARDS - Application for Code Amendment SUBMITTED BY: Kolor Wheel of Aspen, LLC 720 E. Durant Avenue - Suite E2 Aspen, CO 81611 (970)544-6191 This is a request for Planning & Zoning to consider an official Code Amendment as it relates to the following business and operational needs and location for the Kolor Wheel, which has been temporarily located in the above stated address since October 1, 1999. BUSINESS DESCRIPTION: Kolor Wheel is a "paint -your -own" ceramics studio. We offer contemporary bisqueware, materials and supplies for the public to paint. Painted pieces are then glazed & fired and ready to use as functional or decorative ceramic items suitable for personal use or giftware. Additionally, we provide educational instruction and creative outlets for school, scout and religious organizations as well as non-profit foundations such as the Silver Lining Ranch, Aspen Buddy Program and Challenge Aspen to name a few. All of our materials are non -toxic, lead free and are harmless to our customers and the environment. We provide a safe and supervised establishment where our customers can (and do) feel secure that they will not be harmed in any way. HISTORY OF BUSINESS: Originally owned and operated in Basalt, CO for two years (1997-April 1999). Business was terminated in Basalt by sale in April 1999 to Kathie Schulman and Melinda Goldrich. Kolor Wheel operated temporarily as an accessory to Alien Cycles from May 1, 1999 to September 30, 1999 at 430 S. Spring Street. Kolor Wheel was moved to its current location at 720 E. Durant Ave., Suite 2 on October 1, 1999 and received a temporary "Conditional Use" permit to continue operating. This "Conditional Use" was granted until November 10, 2000 provided our application for a code amendment was filed by June 15, 2000. The Kolor Wheel is solely owned by Kathie Schulman at the present time. BUSINESS OPERATIONS (LOCATION. SIZE. DESIGN) Kolor Wheel originally operated in approximately 325 square feet at its 430 S. Spring Street location with an off -site studio (approximately 350 square feet) for inventory, glazing & firing. Our operations require a minimum of 600 square feet to accommodate inventory and supplies and have comfortable seating capacity for 20+ customers and 3 staff. PLANNING & ZONING APPLICATION - REVIEW STANDARDS -2- Our current location at 720 E. Durant Avenue is perfectly suitable for our needs. We have greatly improved the efficiency of our operations and have, therefore, reduced the need for daily vehicle trips to and from each of our previous locations. Our customers have found our new location convenient to get to by bus, walking or bicycle. Parents feel comfortable leaving their children with us to paint ceramics while they carry on with their errands at the neighboring shops. We are open daily to the public from 12 Noon to 6 PM. Additionally morning hours and two additional evening hours are available to host a variety of camp, school, religious, scout and other special interest groups as well as private parties, including birthdays, baby and bridal showers. We offer a variety of arts & crafts workshops to the public. Certified Art Instructors will teach children and adults special techniques in ceramic painting, mosaic tile construction and painting on glassware. We have a very affordable average ticket price of $15.00 for children and $25.00 for adults. IMPACT OF PROPOSED CODE AMENDMENT: We have just completed our first fiscal year of operations. The compliments we have received by the local community residents as well as the visitors have been numerous. We have not had any complaints by our customers or neighbors. In fact, many of our neighbors are repeat customers and are very much in favor of our being a part of this area in town. Kolor Wheel provides Valley residents, special interest groups and visitors with an affordable indoor activity venue for children and adults to use their imagination and create functional household items and gifts. Our success depends largely upon having a convenient location within walking distance to the core area with RFTA bus stop access. Being located in a Neighborhood Commercial Zone is of equal importance. If our customers can easily walk or take a bus to our location, it greatly reduces the need for vehicular traffic. Our customer base has been approximately 70% local and second homeowners and 30% visitors, who have commented that they are delighted that Aspen has opened up a "paint -your -own" ceramics studio. We have designed and decorated the Kolor Wheel studio to provide a warm, friendly and creative environment. We take great pride in our customer service efforts, particularly with the children who come to paint or have their birthday party at the Kolor Wheel. Our intent is to continue operating the business at 720 E. Durant Avenue indefinitely. I currently have signed a 3 year lease, ending on October 1, 2002. I would continue to exercise renewal options, if approval from Planning & Zoning for this location is granted. 0 0 PLANNING & ZONING REVIEW STANDARDS -3- The Kolor Wheel is compatible with that of our present business neighbors. In fact, I would like to think it has enhanced the character of the neighborhood by providing local residents and visitors with a unique, fun and affordable indoor activity close to many of the services which are utilized by them regularly. Thank you for your consideration of m_y request. Sincerely, Kathie Schulman Owner PROJECT: LAND USE APPLICATION • APPLICANT: Name: alor WhpgL O l -0 0 L�t Location: (Indicate street address, lot & block number, legal description where appropriate) Name: Address: Phone #: REPRESENTATIVE: Name: �9 r� � 1 �4) lA �l Y1Q - Le nQ r 7 Address: o _Lw'(.l4+ & 11 _e c a - Phone #: �5 qq - (p f q TYPE OF APPLICATION: (pleas Conditional Use Special Review Design Review Appeal GMQS Allotment GMQS Exemption ESA - 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane Lot Split n Lot Line Adjustment check all that apply): EJ Conceptual PUD Conceptual Historic Devt. Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ Subdivision 0 Historic Designation ❑ Subdivision Exemption (includes Small Lodge Conversion/ condominiumization) Expansion ❑ Temporary Use Xr Other: 4rorovouc -Z�r ❑ Text/Map Amendment 210n!z�. Cho yC. -to 1 Y) E ►4h'�' EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Have you attached the following? FEES DUE: S J, Pre -Application Conference Summary ❑ Attachment #1, Signed Fee Agreement Response to Attachment #2, Dimensional Requirements Form ❑ Response to Attachment #3, Minimum Submission Contents Response to Attachment #4, Specific Submission Contents ❑ Response to Attachment #5, Review Standards for Your Application El ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT ment for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and _6 (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLIC�NT has submitted to C TY an application for -2-�vYl P ►?rt) U/, L (hereinafter, THE PROJECT). 2 APPLICANT understands and agrees that City of Aspen Ordinance No. 45 (Series of 1999) establishes a fee structure for Land Use 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 that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. 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 consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $G� �� �= which is for _ hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT Julie Ann Woods �- Community Development Director Date: '-,JL11)C2 /-? 1, 3 2(��j�J Mailing Address: -111?U 6c, � U rGn1 g:\support\forms\agrpavas.doc 12/27/99 ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: Proposed. Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed.• Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On -Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed.• Combined F/R: Existing: Required.• Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Existing non -conformities or encroachments: Variations requested: ATTACHMENT 3 MINIMUM SUBMISSION CONTENTS 1. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 2. The street address and legal description of the parcel on which development is proposed to occur. 3. A disclosure of ownership of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. A site improvement survey including topography and vegetation showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 0 ATTACHMENT 4 Specific Submission Contents Development Application for Amendment to Text or Map The Development Application for amendment to the text of this chapter or amendment to the Official Zone District Map shall include: A. If the application requests an amendment to the text of this chapter, the precise wording of any proposed amendment. B. If the application requests an amendment to the Official Zone District Map: 1. The present Zone District classification and existing land uses of the real property proposed to be amended. 2. The area of the property proposed to be amended, stated in square feet or acres, or a major fraction thereof; and 3. An accurate survey map of the real property proposed for amendment. C. Complete respose to the Standards of Review (attachment 5). at4.text • 0 ATTACHMENT S Review Standards Development Application for Amendment to Text or Map In reviewing an amendment to the text of this chapter or an amendment to the Official Zone District Map, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. B. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. C. The effect of the proposed amendment on traffic generation and road safety. D. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. E. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. F. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. G. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. H. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. at5.text 0 Attachment 6 Two Step Commission/Council Development Review Procedure 1. Attend pre -application conference. During this one-on-one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. One step reviews may be consolidated with the two step application and reviewed concurrently. 2. Submit Development Application. Based on your pre -application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. Depending upon the complexity of the development proposed, Staff may suggest submitting only one copy. This way any corrections that may be necessary can be accomplished before making additional copies 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, a date for the review by the Planning and Zoning Commission or the Growth Management Commission will be set. Applications are scheduled for review on the first available agenda given the requirements for public notice. During the staff review stage, the application will be referred to other agencies for comments. T he Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. The Planner will prepare a review memo which addresses the proposal's compliance with the Land Use Code and incorporates the referral comments. The planner will recommend approval, denial or tabling of the application and recommend appropriate conditions to this action. You will be called to pick up a copy of the memo and the agenda at the end of the week before your hearing, or we can mail it to you if you so request. During the period of staff review, it is essential that public notice be given, when required for your development application. The requirements for notice of your application are provided in Attachment 7. 5. Commission and Council Review of Development Application. Your project will be presented to the Commission at a regularly scheduled meeting. The typical meeting includes a presentation by staff, a presentation by you or your representative, questions and comments by the review body and the public and an action on the staff recommendation, unless additional information is requested by the review body. • 0 Once action is taken by the Commission, a review by Council can be scheduled. This review is typically scheduled for the next available Council agenda, within 15 to 30 days following the Commission's recommendation. An updated staff memo will be prepared for this meeting, which will again be made available to you just prior to the meeting. Final action is by Ordinance adoption which requires two readings by Council; second reading is a public hearing which is noticed by publication of the Ordinance by the City Clerk. Due to notice requirements, the second reading is generally scheduled 3 or 4 weeks after first reading. Please review Attachment 7 to determine if additional notice is required at Council. 6. Receipt of Building Permit. Once you have received final approval of your development application, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will need to be reviewed and recorded before a Building Permit is submitted. 2stepsum.doc 2 0 0 ATTACHMENT 7 Public Hearing Notice Requirements Three forms of notice are required by the Aspen Land Use Regulations: publication in the newspaper, posting of the property, and mailing to surrounding landowners. You can determine whether your application requires notice, and the type of notice it requires, from Table 1, which is attached to this summary. Following is a summary of the notice requirements, including identification of who is responsible for completing the notice. 1. Publication - Publication of notice in a paper of general circulation in the City of Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice will be written by the Community Development Department and we will place the notice in the paper within the appropriate deadline. 2. Posting - Posting of a sign in a conspicuous place on the property is to be done ten (10) days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development Department, to fill it in correctly and to bring proof to the hearing that posting took place (use attached affidavit). 3. Mailing - Mailing of notice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the Community Development Department, to mail it according to the following standards, and to bring proof to the hearing that the mailing took place (use attached affidavit). Standards for notice shall be as follows: 1. Any federal agency, state, county or municipal government service district or quasi governmental agency that owns property within 300 feet of the subject property must be mailed notice fifteen (15) days prior to the hearing. 2. All other landowners within 300 feet of the subject property must be mailed notice ten (10) days prior to the hearing, unless notice is given by hand delivery, in which case it must be sent five (5) days prior to the hearing. 3. Subdivision applications only also require notice by registered mail to all surface owners, mineral owners and lessees of mineral owners of the subject property. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of public hearing. TABLE 1 SUMMARY OF PUBLIC HEARING NOTICE PROCEDURES APPLICATION TYPE PUBLIC HEARING REQUIRED? BY WHOM FORM OF NOTICE' CONDITIONAL USE REVIEW Y P&Z 2,3 ESA REVIEW (8040 Greenline, Stream Margin, Mountain View Plane, Hallam Lake Bluff) N GMQS ALLOTMENT Y GMC 1,2,3 GMQS EXEMPTION Y By GMC 1 By Council GMC- 1 Council - 1 HISTORIC DEVELOPMENT Conceptual Development Y HPC 1,2,3 Final Development N Minor, Development N Historic Demolition Y HPC 1,2,3 Historic Designation Y HPC, P&Z & Council HPC - 1,2,3 P&Z - 1,2,3 Council - 1,2,3 Historic Lot Split Y HPC 1,2,3 MAP AMENDMENTS Y P&Z & Council P&Z - 1,2,3 Council - 1,2,3 PUD - CONCEPTUAL Y Council4 1,2,3 PUD - FINAL (and PUD Amendment) Y P&Z 1,2,3 SPA - CONCEPTUAL Y Council 1,2,3 SPA - FINAL (and SPA Amendment) Y P&Z 1,2,3 SUBDIVISION Y P&Z & Council P&Z - 1,2,3 Council - 1,2,3 SUBDIVISION EXEMPTIONS Condominiumization N Lot Split Y Council 1,2,3 Lot Line Adjustment N SPECIAL REVIEW N TEXT AMENDMENTS Y P&Z & Council P&Z - 1 Council - 1 TEMPORARY USES Y Council 1,2,3 VESTED PROPERTY RIGHTS Y Council 1,2,3 Numbers refer to the following: 1 = Publication in newspaper 2 = Posting of property 3 = Mailing to surrounding landowners 2 See Subdivision Exemptions for Lot Splits 3 Public Hearing occurs at second reading of the Ordinance by Council. 4 Adopted by Resolution, only one hearing required, which is a public hearing. • Attachment 8 0 County of Pitkiin } AFFIDAVIT OF NOTICE PURSUANT } SS. TO ASPEN LAND USE REGULATIONS State of Colorado } SECTION 26.52.060(E) I, , being or representing an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.52.060(E) of the Aspen Municipal Code in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attached list, on the day of , 199_ (which is _ days prior to the public hearing date of ). 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the day of , 199_, to the day of , 199.. (Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto. Signature (Attach photograph here) Signed before me this _ day of 199_. by WITNESS MY HAND AND OFFICIAL SEAL My Commission expires: Notary Public County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT } ss. TO ASPEN LAND USE REGULATION State of Colorado } SECTION 26.304.060 (E) I, , being or representing an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.304.060 (E) of the Aspen Land Use Regulations in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail to all owners of property with three hundred (300) feet of the subject property, as indicated on the attached list, on the _ day of , 199_ (which is _ days prior to the public hearing date of 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the day of , 199_. (Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto. Signature (Attach photograph here) Signed before me this day 199_by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public Notary Public's Signature • 0 August 25, 1999 City of Aspen Planning Department 130 S. Galena Street Aspen, CO 81611 VIA HAND DELIVERY RE: Durant Mall Suite E-2 To Whom It May Concern: Please be advised that Kathy Shulman & Melinda Goldrich have our permission as the owners of the property located at 720 E. Durant St., Durant Mall, Suite E-2, to act as the representative in applying for the use variance for the space. Should you require any further documentation or information, please do not hesitate to contact me at 925-8810. incerely y rs Joshua Saslove 0 ! PUBLIC NOTICE RE: KOLOR WHEEL TEMPORARY USE PERMIT — 720 East Durant Avenue. NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, September 13, 1999, at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Melinda Goldrich, Kolor Wheel, Inc., requesting approval for a six month temporary use permit to operate an instructional ceramic finishing studio with retail sales at 720 East Durant Avenue. The property is within the Neighborhood Commercial (NC) Zone District. For further information, contact Chris Bendon at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5072, chrisb@ci.aspen.co.us. s/Rachel E. Richards, Mayor Aspen City Council Published in the Aspen Times on August 27, 1999 City of Aspen Account 0 0 �.__._.... _...__...__...-fir .. -.__ _ 0 0 It tt 0 .4 II I J1 •U I k-u I 1. AN