HomeMy WebLinkAboutcoa.lu.ca.Kolor Wheel.A069-00r
~'
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
arts and crafts studio" as conditi
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 23rd day of September, 2000, by the City of Aspen Community
Deselonment Director.
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
<--
`.,
X11 e
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, Plannei\~~{
RE: Kolor Wheel Land Use Code Amendment - 2"d Reading,/Public Hearing
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)
1) The City block bordered by Durant,
Cooper, Original and Spring streets; and,
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.
2) The block surrounding the Clazk's Mazket
shopping area. This block is bordered by Mill
and Puppy Smith Streets, the Post Office, and
houses located on East Hallam and Monarch
Streets.
,.W,.
..
.~
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(6) 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 neazby 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(8) 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
-z-
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 azeas in the City aze zoned NC, shown on the map below. This amendment could
impact these azeas as well as any additional azeas rezoned to NC in the future; in fact, the
2000 AACP Action Plan number 21 calls for adding NC zoned azeas 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 tall c 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 primazily
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 chazacter in the City of Aspen (G), and there have
been changed conditions affecting the subject pazcel 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.
-a-
.... ............v......~-.4
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 azeas 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 vehiculaz 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."
-5-
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A - Review Criteria and Staff Findings
Exhibit B - Application
Exhibit C - Letters and Petitions
C:AHOME~NICKL~.4CTIVE CASESUCOLOR WHEELACC MEMO LADE AMENDMENT.DOC
-6-
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 pazking 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 azeas 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
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 azea 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
azea; it is unknown what effect the proposed amendment would have on other azeas 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.
_g_
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 azea zoned NC near the commercial core, but is
not certain how other future azeas 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 azeas currently zoned NC aze 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 aze 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 yeaz 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 azeas 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 chazacter 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.
- io-
~' ' LAND USE APPLICATION L~L.~~,+ Q
PROJECT: ~ ' ` "~
Name: ~ £S ~ n j
Location: ~ ~, ~/('a/~t ~ ~t ~, ~ a tq
([n icate street address, lot & block number, legal description where ap ropriate)
APPLICANT:
REPRESENTATIVE:
Name: ~~J.`r~~C ~~'~'/~~1t~ r~l.L~l'1~.R'
Address: '7oZC~ ~. ~f.t-Y~ti'1.~ S I.i. O~f ~ a ~t-~n ~ ~ ~O
Phone #: ~Q 7d~ s~~' CD~ '7
TYPE OF APPLICATION: (please check all that apply)
Conditional Use ~ Conceptual PUD ~ Conceptual Historic Devt.
Special Review ~ Final PLC (~ 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 - 5040 Greenline, Stream ~ Subdivision Exemption (includes ~ Small Lodge Conversion/
Margin, Hallam Lake Bluff; condominiumization) Expansion
iviountain View Plane
Lot Split
Temporary Use
~
Other. Termttfrr.~~.lse--
Lot Line Adjustment ~ TexdNtap Amendment ttYYtPr'1L'~YY1C'Yl"~ -~
~pto~ ~.Zto. r?o
EXISTING CONDITIONS: (description of existin; buildings, uses, previ
I e rn R~ra ~~ ~ LI s~ ~ irvi t. ~- P~,o i
PROPOSAL: (desc(ript~ion of proposed~Ibuildings, uses, modifications, etc.)
Q rTYY IPYY.~ l'T"r= /t T ~ ~2Cf10 i'1 ~~D .
Lls2 +n/ ~~~o>r -}~hPO/I ~ C,t~-hI%~~ d
Have you attached the following?
Pre-Application Conference Summary
Attachment #1, Signed Fee Agreement
(~2esponse to Attachment #2, Dimensional Requirements Form
Response to Attachment #3, Minimum Submission Contents
FEES DUE: S ~( OJ~O~ O'U
~~ ~ lz o0
esponse to Attachment #4, Specific Submission Contents
esponse to Attachment #~, Review Standards for Your Application
n
\, ~
.~
1 ~
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
.-..
\./
~-.
REVIEW STANDARDS -Application for Code Amendment
SUBMTTTED 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 DESCRIP'T'ION:
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 asnon-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.
ffiSTORY 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 tiled 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 anoff--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 Z0+ 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 dai]y 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 the 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 Whee] 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 I, 2002. I would continue to
exercise renewal options, if approval from Planning & Zoning for this location is granted.
...
~,
~..
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
.~. -~-
4.s
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 palming 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.
26.310.040 STANDARDS OF REVIEW
Submitted by: Kolor Wheel of Aspen, LLC
-2-
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.
Sincerel ,
Kathleen A. Schulman
Owner
June 12, 2000
Dear City Council Members,
~~~. ~~,1,. ~ b ~ -I- C. .
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 aze roily an asset to our community,bo[h
Jewish and seculaz.
Thank you. Please contact me with any questions.
Si~cJerely, r-~
C 41.E--1, ~'~ I ' J
Chana Rothman
Director of Judaic Sudies
0077 Meadowood Drive
Aspen, CO 81611
(970)920-2536
RECEIVED
JUL 2 4 2000
KEEP THE KOLOii~ WHEEL ~~.. AsPF°"-
IN THE DUR,ANT 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 OwB,
personalized ceramic plates, bowls & mugs and lots more. It is a terrific
place for lads of all ages!
Uwe feel that the Holor 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 Holor 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 #
.° l ' r.'~I U -
KEEP THB KOLOB 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 pafnting our own,
personalized ceramic plates, bowls & mugs and lots more. It is a terrific
place for kids of all ages!
llwe feel that the Kolor Wheel has done so much for the community residents
and visitors by offering an affordable and fun~ndoor activity. Additionally,
they offer great programs for special interest and non-profit groups.
The Holor Wheel studio is not oNy convenient by being in the Durant Pall, but
it is safely designed and its' staff is very friendly and inspiratlonai for all our
artistic needs.
3oa~
NAPE PHONE # NAIIfE PHONE #
E~' ~'~~ ~a~~~ ~H~~k
~~ `SHE DUR,AI11'T ~[~~~.
PETITION
Ilwe love the Holor Wheel of Aspen. It is a great place to learn about the art
of ceramics. 11We 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 Pall, but
i~ ~~ safely des~~ned and its' staff is very friendly and inspirational for all our
~}~istic needs.
~~ E SHONE # NAME PHONE #
r ..
KEEP TSE KOL08 WHEEL
IN THE DURANT MALL
PBTITION
Ilwe love the Holor Wheel of Aspen. It is a great place to learn about the art
of ceramics. IIWe have lots of fun creatlng and painting our own,
personalized ceramic plates, bowls 8a mugs and lots more. It is a terrific
place for kids of all agest
llwe feel that the Holor Wheel has done so much [or the community residents
and visitors by offering an affordable and tun 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 lhu~ant Nall, but
it is safely designed and its' staff is very friendly and inspirational for all our
artistic needs.
NAME PHONE # NAME PHONE #
.~.
KEEP THE KOLOi~ WHBEL
IN THB DURANT MALL
PETITION
~~ l~~ .
4 ~ ~r~
Ilwe love the Kolor Wheel of Aspen. It is a great place to learn about the art
of ceramics. UWe have lots of fun creating and painting our own,
personalized ceramic plates, bowls 8: mugs and lots more. It is a terrific
place for kids of all ages!
Ilwe feel that the Holor Wheel has done so much for the community residents
and visitors by offering an affordable and fan indoor activity. Additionally,
they offer groat programs for special interest and non-profit groups.
The Kolor Wheel studio is not only convenient by being in the Durant II[a11, but
it is safely designed and Its' staff is very irIendly and inspirational for all our
artistic needs.
NAlHFd PHONE ~ NA~dE PHONE #
KEEP THE KOLOit WHEEL
IN THE DURANT MALL
PETITION
Ilwe love the I{olor Wheel of Aspen. It is a great place to learn about the art
of ceramics. II~Ve 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 lfolor 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 llolor Wheel studio is not oNy convenient by being in the Durant >Nall, but
it is safely designed and its' staff is very friendly and inspirational for all our
artistic needs.
KEEP THE KOLOii, WHEEL
IN THE DUIi~ANT MALL
PETITION
Ilwe love the Kolor Wheel of Aspen. [t is a great place to team 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 bids of all ages!
Uwe 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 Pall, but
it is safely designed and its' staff is very friendly and inspirational for all our
artistic needs.
NAlVtE PHONE # NAlHE PHONE #
~~
k
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~~
RE: Kolor Wheel Land Use Code Amendment -First Reading
DATE: August 14, 2000
~,
'- i."\,
l
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)
1) The City block bordered by Durant,
Cooper, Original and Spring streets; and,
REVIEW PROCEDURE:
Land Use Code Amendment: City Council
may approve or deny an amendment to the
Land Use Code afrer considering a
recommendation by the Planning and Zoning
Commission.
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.
-1-
~u_ /TS
~ar V/
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(8) of the
Municipal Code.
Specifically, therose of the NC zone is "to allow small convenience retail
establishments as part of a neighborhood, that are designed and planned to be
-z-
~.
..
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.
r--~ _
Two areas in the City are zoned NC, shown on the map below. This amendment could
impact these azeas as well as any additional azeas rezoned to NC in the future; in fact, the
Plan number 21 calls for adding NC zoned azeas to
this locally owned, small
in town. One indicator
of the business success is the a ers an petitions signed in support of thi:
application and the lazge number of supporters at the Planning and Zoning
Commission public hearing.
-3-
commercially zoned lands in the City.
-~~.
W ~,.r
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 appr~' or ~nno districts• do not require or generate high
customer- ~ olumes; are primarily oriented tot a manu ac urtng, repair,
storage, and servicing of consumer goods and have a limited office, showroom, retail,
or customer reception area; and, tQ e~rmit artist's studios as well as customary
accessory uses, including affordable res~c7en tal 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 belie}te..tl
For
A states: Whether the
S~~
V _~v~
with
~ a~ ~~
`~^^c~~
~ , V
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 eff ce t on raffic
e~nerat~ion and road~fety (D); would r1ot imnose..demands on nnhfic fariht;~ s that
would exceed the systems' capacities (E); and would not result is significant adverse
impacts on the natual_ envit•onment (F). In addition, the use is consrsten n
com i e wrt~ rnmmunity character in the City of Aspen (G), and there have
been c fanged 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
Section of the I and i ice (nrle -The reason for creating a definition based on the
Kolorwheel's operations would be to narrowly define this to reclude
high-end ceramic art studios from locating m e Zone District.
are met for the code
-a-
..-•. ,.
_..
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 azeas where only
local serving uses aze 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 chazacteristics of the use,
including visual impacts, impacts on pedestrian and vehiculaz 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."
R~
s \\
r~
i..i
CITY MANAGER COMMENTS:
t,
ATTACHMENTS:
Exhibit A - Review Criteria and Staff Findings
Exhibit B - Application
Exhibit C - Letters and Petitions
CtVIOMEWICKL\ACTIVECASES\KOLOR WHEEL\CC MEMO CODE AMENDMENT.DOC
-6-
ORDINANCE N0.
(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 heazing on September 11, 2000; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds all
applicable development standazds 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:
L:~
.,
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 aze permitted as conditional uses in the
Neighborhood Commercial (NC) zone district, subject to standazds and procedures
established in Chapter 26.425:
1. Service station;
2. Laundromat;
3. Garden shop;
4. Hazdwaze store;
5. Paint and wallpaper store;
6. Carpet, flooring and drapery shop;
7. Business and professional office;
8. Free market dwelling units which aze 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 l ls' 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.
r
INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on this 14~' day of August, 2000.
Attest:
Kathryn S. Koch, City Clerk Rachel E. Richards, Mayor
FINALLY, adopted, passed and approved this l ls' day of September, 2000.
Attest:
Kathryn S. Koch, City Clerk
Rachel E. Richards, Mayor
Approved as to form:
John Worcester, City Attorney
Q\home\nicklWctive Cues\Kolor Wheel\ORD.doc
.r .,
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 ose of the zone district. The purpose of the NC zone district is
"to allow sma convenience retail establishments as part of a neighborhood, that aze designed
and planned to be compatible with the surrounding neighborhood, to reduce traffic
generation, and mitigate traffic circulation and pazking 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
L 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) Comrnercial/Retail Action
Plans include actions to "Revise the Neighborhood Commercial and
Service/Commercial/Industrial (SCI) zone districts permitted and conditional use lists to ~
ensure onl local servin ermitted within those zone districts (Actron No. 5 in
993 AACP and Action No. 19 in 2000 e revisrons o e SCI Zone District
have been completed
The 200~,6,~P,f,
the Citv. Because
Zone District, ;
9T~3 and~2 00
elements of t~
21 is to zone additional azeas NC and SCI within
P rhi¢ use is consistent with the purpose of the NC
zone district has been
not believe tt is
a
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 chazacter, tends to return more money to the local economy, and
-~-
~.~
..~ ., v
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 vaziety 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 azea 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 azea but this business will not hinder that movement.
-s-
rV,
Mr , r
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 neaz the commercial core, but is
not certain how other future azeas 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 azeas currently zoned NC aze 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 aze 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 neaz the NC Zone District may be a changed
condition that supports the proposed amendment; this locally owned business has rented
-9-
..
..r
.~-~
space in a building on a block adjacent to the commercial core for over half a year with
the potential for a long teen 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 azeas 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.
- io-
' PRdJECT:
LAND USE APPLICATION r..,~
~./
' Name: KOLO~ wN'~EE~L~ ok ~5~t.(~
Location: ~ T L7 ~~ W ~2n ~ ~ ~L~`~, ~ a ~L ~Q ~(
Gate street address. (ot & block number, legal description where ap ropriate)
APPLICANT:
Name: ~jZ ~ ~~ I
Address: p, C~ ~, ~,~- ~,~ ~ '~
Phone #: -l.'lO~ ~~'1-~" ~P (~
REPRESENTATIVE:
Name: ~{~
Address: '7av
Phone #: ~Q Zt7
~~I'JU~I~~I ~~-7 ~ it
~. ~ -~ S i,t.~f ~e ~ a .~~-terse n ~ ~( (o ~ ~
I r rt ~r rrrrt_wH i wrv. ~piease cnecK att mat appry~
Conditional Use ~ Conceptual PUD ~ Conceptual Historic Devt.
Special Review ~ Final PUD (& PUD Amendment) ~ Final Historic Development
Design Review Appeal ~ Conceptual SPA ~ Minor Historic Devt.
GNIQS 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; condominiumization) Expansion
N[ountain View Plane nn
Lot Split Temporary Use ~ Other: 1G['Mtt(CG~"~,( 5~--
Lot Line Adjustment ~ Text/1~[ap Amendment ~t Yri2t'1C~YYtr?VL"~
Eton ~,Zto. t7o
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
IQrnQ~/ani ~~<o rP/rn~.~- P,V~IrP_~' Nov.~ W,~~~n .~onn
PROPOSAL:
Have you attached the following?
Pre-Application Conference Summary
Attachment #l, Signed Fee Agreement
[~2esponse to Attachment #3, Dimensional Requirements Form
Response to Attachment #3, Minimum Submission Contents
esponse to Attachment #4, Specific Submission Contents
[Response to Attachment #5, Review Standazds for Your Application
FEES DUE: S ~{, ~.~Q~ t~d
~l,l ~ lZ.O6
~~
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 perrnitted 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
.-.
a/
-°^~
w/
REVIEW STANDARDS -Application for Code Amendment
SUBMITTED BY: Kolor Wbeel 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.
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 anoff--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.
r
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. Pazents feel
comfortable leaving their children with us to paint ceramics while they carry on with their
errands at the neighboring shops.
We aze open daily to the public from 12 Noon to 6 PM. Additionally morning hours and
two additional evening hours are available to host a vaziety 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 the 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 yeaz 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.
~...
~,
dwr
PLANNING & ZONING REVIEW STANDARDS -3-
The Kolor Wheel is compatible with that of ow 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 yow consideration of my request.
Sincerely,
Kathie Schulman
Owner
,~.
<.. . ~
.r
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 gifr 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 I, 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.
~,
t..-
26.310.040 STANDARDS OF REVIEW
Submitted by: Kolor Wheel of Aspen, LLC
.~..
~.,x
-z-
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
Hiles 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
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 SHI AREA BASE (SIGH AND AMEND SECTION 26.515.030 REQUII2ED
NUMBER OF OFF-STREET PARHING 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
(SHI) and added to Section 26.700 Zoning Districts of the City of Aspen land Use Code
sp< :ically as Section 26.710.330; and
WHEREAS, this Resolution shall amend Section 26.515.030 Required Number
of L. Street Pazking 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 is
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
azeas which allow for a mixture of uses related to ski azea uses and operations including,
skiing and appurtenant uses and structures, ski azea administrative offices, recreation,
lodge/hotel, retail, restaurant and baz uses, tourist-oriented service uses and residential
uses. It is intended that this zone district will apply to azeas located at the base of ski
azeas and all development within this district will be master planned through a Planned
Unit Development (PUD) process.
B. Permitted uses. The following uses aze permitted as of right in the Ski Area Base
(SKI) zone district:
1. Alpine and nordic ski azeas, related uses and support facilities typically
associated with the uses and operations of ski azeas;
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 azea administrative offices;
9. Restaurants and bazs;
10. Special events associated with ski azeas including such events as ski races,
bicycle races and concerts) S „~~~ ~ ~~~~G7e
11. Pazks, outdoor recreational uses and trails; ~ y
12. Recreational facility;
13. Retail establishment
14. Public transportation stop;
I5. Terminal building and transportation related facilities;
16. Medical clinic accessory to the ski azea; and
17. Accessory Buildings and Uses.
18. Outdoor vendor carts or azeas for food and beverage sales and
preparation.
C. Conditional uses. The following uses aze permitted as conditional uses in the Ski
Area Base (SKI) zone district, subject to the standazds and procedures established in
Chapter 26.425:
1. Day Caze Center;
2. Timesharing;
3. Offices, business;
4. Public and private surface and underground pazking 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 standazds for the PUD.
Section 2:
Section 26.515.030, Required Number of Off-Street Pazking Spaces (to add SKI Zone
District Use to the existing pazking chart) is amended by adding language as follows:
Uses
Zone District Lodge Residential All Others
SKI Special Review * Special Review
ATTEST:
CITY COUNCIL:
Kathryn S. Koch, City C-erk Rachel E. Richards, Mayor
FINALLY, adopted, passed and approved this _day of , 2000.
APPROVED AS TO FORM:
John Worcester, City Attorney
C:home/j oyce.AH VcouncSKIcode_amend
i
~NjF
~yFCK~'FF'~~~
M~Mp FRAM
~~.nvN~R
\. y~-~ \ ~ CYeG~'73~ .
~P~~'a 4
c ~"(
~~~~ ~,~'
x~
.~~ .
~,~-
\ ~`~~ ~,
~ s
~~~~ ~ ~~~
~ G` do
P~ ~ ~'U~
~1 Sys
~ .
~'"'
NP StRFF~~S
13~ 5 ~o a noo a16~119
pSecN~
~ 1
THE CIS SPEN
MEMO FROM NECK LELACK
PLANNER
~y;l-e~V'
,};.~;~ .
' s~'
G~
~~ ~ ~ ~li c{- ~1 ~- e „~,~,z ,
,~, bw ,~ ~ S ~ r~~""Y
~~
c ~~" ~ vs~ 0
w~- ~' Gv-.O`
~. ~`
F~ "" " S ~1~SCo oa o0 81611 1975
ASPEN,
~ ~~
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.
Kathie Schulman
AREAS ZONED NC (SEE MAP ON PAGE 3~:
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.
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 similaz 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/CommerciaU Industrial (SCII zone
dish is pP*~ittPrt and Condit ions use lists to ensure only local serving uses aze 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(6) 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
~j
-z-
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 t e ity.
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
LQ~1
->P~
\"~
~~~
~~~
y~~
-3-
which: may not be appropriate in other zone districts; do not reguire 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 -
paintyour own ceramics - is not_ app nri e in other zone dis icts is primazi v
oriented to consumer oods and has limited office space; in addition, this zone district
permr 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 chazacteristics 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 perr~tted use."
~'{`~~
7
ATTACHMENTS: \~v~UJL,~ (~ ,~~~ ~~;~~ (,y ,( ~~ \ _
Exhibit A - Review Criteria and Staff Findings ff "`rf " _ \ ~ `~'l
Exhibit B - Application (l ~
Exhibit C - Letters and Petitions V„ '""~~~~~~~~`"~~~9 ~~~~
C:\home\nicklWctive Cases\Kolor Wheel\PZ_MEMO.doc
V W
-4-
RESOLUTION N0. _
(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 crafrs
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 heazing. 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:
1. Drug store;
2. Food market;
3. Liquor store;
4. Dry cleaning and laundry pick-up station;
5. Barber shop;
6. Beauty shop;
7. Post office branch;
8. Record store;
9. T.V. sales and service shop;
10. Shoe repair shop;
11. Video rental and sale shop;
12. Accessory residential dwellings restricted to affordable housing guidelines;
13. Accessory buildings and uses;
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 regulaz meeting on August 1, 2000.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
Robert Blaich, Chair
C:\home\nicklWc[ive Cases\KObr Wheel\PZ Reso.doc
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 azeas 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 chazacter, tends to return more money to the local economy, and
provides additional opportunities For upward mobility of working people." Two policies
-s-
w
V
under this section aze 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 aze 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
chazacter 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
azea; it is unknown what effect the proposed amendment would have on other azeas of the
City zoned NC if this use were actively practiced elsewhere. There is a high amount of
-6-
f ~ I \
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 natura- 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 aze 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.
-~-
,..,,
., ,
v
Staff Finding
The high vacancy rate of downtown buildings neaz 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 aze each
important to supporting a thriving community. The AACP specifically calls for further
developing and expanding the NC Zone District to provide azeas 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-
'".."_'-"- Ill ~---- - ~~_.,~__,....__.,..-- -------•---~~-- --__.. - . , ., ,
~ E - 1
,~
., ;.,
--
r ~ c<, jr
G I ,~. ~ ~
,~
,~ _
~ ~~~ v i_._... ....
ill ~T 1~ ~ ~ i ~ ~ •' ~
`~ ~ L ley. - ~ " - ~`
.ti ~ ~ ~ 1 7
I ~ I I ...
I l i I •-T I '
~ I j
;~_' I JJJ
i;? Ir~ ~ ~ ----- t
V{~ I '~ I
~~ ~~ ~ I ~ I ,~~ ~
r~~
1
/1
~ :,~,
~~~
ni'
~L i
I ._ --- >
:a
LI .. ___ _~_..... _.._..- -
IJ ~
n
` I
~ ~
~_, J
J
~J
v
y
v
~(~ . y
1~) ~U
~t
c~c~
-- -~ .~ __ _ .r._..._~.-..~
I
_ ~
--- -I i
_ 1~J
I
I
`~....
._..I ~~
I
I
_~
_~
~~v
1~)
c~
- ~~t
~~:. „u~r;~f.;~33s~ QitKin ~~~~t~. lnfor7iation' ~~ -_ ~ -'~A , - . .
,~
First Name Last Name or Com
Real Estate Brokers (
Durant Mall Partnership (
Mailing Address Include in Mailing: Yes
720 E Durant St
Aspen CO 81611
Assessor's Office Value
Land: 5700,000
Bldg(s): 5300,000
Total: 5400 000
Taxes: 53,626.04
Note: Assessed Value is typipYy t 0~0%
Ceknv Market Value, however
there are exceptional variances
with regard to VACANT LAND.
Sales History
Various Sp Ft
~,
Office First Floor-792,..
-~~ -
Structural
Bldg. Value
$300,000
Bedrrns Baths
0 0
Legal Description
Subdivision:
)
Block: Lot:
(rtlN: 4At:
Renurks:
Complex: DURANT MALL-AMENDED
~IAJfI:..;~E-2~.
Renurks:
Land Size: 0
Property Use Code: OFFICE 1ST LEVEL MED
Parcel (Mapping) a: 2737 16 2 42 49
Physical Address: E_2
ASPEN
Misc Amenities
Original Yr Built
1975
Rooms Stories
1 ~
Sq Ft -Heated
792
Building Model
COMMERCIAL
Note: Physical
Address is incorrect
37% of the time, due to
incomplete county
information.
Sq Ft -Total
792
Building Type
DURANT MALL
i;,;Hca(T_ TY~=~;RoofCOVef. „RoofSM_„„~=a,,,•.,,~nio::a_ cpuelFrame..
GOOD-BASE G000-BASE G000-BASE GOOD-BASE GOOD-BAS'c W~FRAME-B
# of Structures on Site (per County): 1
~w
~ ..
-~--- --- .,~. -..-
~ ' "-"'
531 ~~6L?35
~
,
•
. ~...~. .
~~ .
~_ 1 ~ SPF.CInL WARRM7Y DEIiU
L
OJ l
.~ o i l'H15 DEED. v.ac ,mr lyd +~ •n p,ay . m gg.
', W ~ ., ~•n^ Jcseryh 3. Itilscn, Jane c;. ;~~ and Jcsaua Sas:cve
y d ~.
r2w_
~ - .ri rm
Ux¢.
"J ~ Omnirm P1C~C-'t .iwc.I G.IwIW,.swmnw
"' The Deal Mate 3mkecs
Currant 4LL11 2arL•:er?v.p
-nun lra u6lrc.. ~r 727 Fast errant 3t.'aet, Astern. C/ 31611
a(im Ca,niY rl iritk:n .Bloc o(Cdrr,io.iMkc(ll:
3 1 1 2 0
6ILV16 Owls
PITAIN C4i7 DECOftDE~
list ~ I I uu d7 87I
wtn:ESShTH.T~.r,m inaenvL:ar :nC in:mrdnum Nrne rum of Ts^.! 3rd n0/LOO TI.:n~ (510.101
a.~ ?1'f' .Z ~7.D ?Iv'D "v'L."."+oLc "^"e'0.1'" :.r^! ---- ~~,'.
' nc~ rccarywwlllciuiry cl.hia;.nena>onwtrutea. hr ve ilama. purtr,nr~. evl vrwm•aYm. wlG lY Nnaperenudr inns.
prryin, u:ll.:mv1 and nrMm, anu u,e pecelrl. itS mr.a uW aaiiri (gcwJ, rll rrc rtrl Fm1enY. wgYa.ilh rmpvrcmrna. ~i
J rr,Y. ww.c. irrnt w mmt .r iK CcunY or Pi.7Cil . S"'• of CabnOu,
' munmduldba: ~,
~! Condominium Unite z-2 and 2-4, TfiB DUR,I.YT vxT.r- (A CDNDOSfINIDlt),
` .. \. ~~ according to the Condominium aep eheree: recorded Fehruarf 6, 19'76
in Plat Book 4 at Paga Sfi5 as Reception No. 181398 and amendmanta
i; thereto recorded Cecober 21, 1983 in ?lot Book 15 at Paga 48 as
~! Recsption No. 254134 and recorded June 14, 1984 in ?lot cook 16 at
~~ Page 10 ae Raoaption No. 260233, rand as further defined and
'~ described in
, the Condominium Declaration for The Durant DIa11 (2.
,.` Condominium) recorded February o, 1916 in Book 303 at Paqe 518 as
~~ 9aeeption Na. 181397.
•.nr, ~. .1.~:
~I Count of ?itkin, Stato o£ Colcrado '•~ ~~~~ 'r~'~
I
b
,I
Mar - a see
I~ Y, _
,Ye tp"'~ q"^m w ^umevu 720 a3t R;rant St-eet, :.sp?n, "..J 31613
r
~~
'I
~'
~I
~~
I~
i~
~~
TOGfiTHLR •W ul w.wfWpr'M .%r Wln,mnr w appuesanr imnnn 6:rn~ini. er in ~r~ rppenrnint. r"^ Ae rtarvnv nJ
nnCrioN. rtmune:, w remainAm..n^w, Wner w P^riu urn.a rn0 ul r nwr. n p,, rme, ~e,naar. clvn v,0 ao,..,n .nr,as.c N Y,r
QrrYar(,L :Irnr'un ls> cpui~ u4 ;n .w n rm abme aetaiKY P+:nue[, wYl Un mrtn1i111Fnic w aPWr¢snm:
70 N~VL 4VO TO NOLD p. Wa pemie ®n DwYmm r,a rcranimn -.,li Uc TYUranurcai rucn iLC innrlM 1t5 han w
r,inr Arr,ea.Tm r,rnrrai4 (r LS~+rNGi. YM{^ pdnudpaavwlnprsnuriun AarOar..L tPCNW mJrCrenlrr
they amllwrill w~gpnM}nND WICEr'EA 06FENONeabe..erp.in.ap,aw,ain,M9d~anc la,s+nwpmmiw Nine prn,zlpl.
iGY M,n..I...iyr. arrinn JI.M r+.Y ~... a, M1.r,r rlun:np rN .writ a r^Y ern rh«a.f. r% uroryn rr u,rt,,pe v mRr1
Ir wYYrrQSi wMEAEOP.:pe Nnurtrl nr ve necueJ llNJmminr ~ac><i Lnn,paw.
STnTE OF C~COMOa
' Cmn>a ?iLkiYi
Thr legs„¢ ,.vwmrd .a. aeknrlNprd orlon nc an ~ ,n-iC/ .Fa N play . 19 84
b Joseph 9. LJiison, Jarr w. p1Cy grid Sac}vua Sdb:.aW.
Wiu,ra mY nrnY W -.(Goal •e+l.
~'PNICI/,/f~., My.a,mmi.w apuc. $n'2p'~`,/ ,
.. y ~ n ~
••~ In~,irc.OilNRi ~a,l IM•~ ~Y~ j~.'~[•~1~'."; 1R.
I .. V i _ •.a ~. _.
W.M1. i4.11ffi Ynrtl 4L wLL4VRpA/•Jr uW l~ow+r..Cw nr y~ ,- •mgYr ,arvJ r. ..p
~';
!Y
I .,:lM
":F
•.i:
,,
_ _~:
I.CY:hY.
:1%j ,p
~y~•,
:~
,• Ty
.~FV ,
~r,..,al
~~~~fi'`,.1
yi
..%' ~
:~
^'•iyyj%
.:'t
i,'..
.:.' ~
icy s :orated adjacent ro Asoen
~~~:u bat dasure ;/our ~rivac•/.
and is only minutes ~Hallc :o /he
irrr
a>~'e1
?LEf:C VO'f1CE
.:C~ 5 ;,E4F3Y uNEY 'b i}fE Cu^fEZLL.
'_ ruHGC On August 11. 1999. ;he 3oara of
_ County C]mmualoneu nl Pftltln Coanry
-- Cniorada. aaooted 2esoludon AIN pmtme
-.. spedal :ene`+ aoProval of a detached _
i9r+d11M Anil m dle ''gtaMJPa]~td ,
- Tie wEtect Orooe*tY b dea0d~
Sod sittatM w the Sa
- ~ovmhf0 9 iwtA -
A• P*mt9Ytde'vdoPtr? -. ~M_
-. ~r , - ~, Cass o..
~~r.ano iEC~ON 7tiS10.
~<rpN
~-
5 ~ ~3Y W"~V Naz 3 Wollc lrannq
rIR~-
_
- neld in esdaY evtember 13, ,999 at a
-.~f ~ buy.
o b<qt _ [ i W 2.m. wore ;he aspen
t'' HaH. l:A i.
Cty `+^ r - uI. Cty
n
yw. t asDm. :o onstder aDpuohon
~ [ted oy _a/ of aspen Commune C/
, DCVHOOIi1M[ RDUIGTenI. 24nGSUnq ]Dprp Vaj
\ or r PibpnsM :.>ae >mendment :O =tt~un
_ ]S.:iL1.:00. Jelimtlons. ma Scc;lon 75510.
' - :egos. r-v~sinq ~he '.ierlmtmn o1 'Sego-' 1e ?ro-
pnsM c]ce rmendment .nwd change the CerL
1ItOn'JI'il';n".o-<GnOe'.'!ndov dl3D1aY3. 'O
Littler 'nlormdtlOn. _]ntaC. Yra11 halCS .]I 11e
isoen; P:::4n ~.;mmuntr/ Development
C<oar'ment. CO 5.:alena 3l aspen. CO :.9101
'9~~.iH1 Uf lv ~T.al ]['iyyl0d[]..14oe(1.'U O. LLS.
ii Racaf~ r~-.21Ci.Vtls.
N3VOr
' Aspen C'.ty'=uuncil
PsblishM n 'tie asoen `ma un August 3.
1999 ~D_2,
'S~88 • Ccil 1970) ,.o_..OI `-
CL~AN~RS
J~, ~
CLEANERS
LFANER.S
US Hwy 6 3 24
an in 'Nest Glemeccd ?laze)
arvice Dry Cleaning
ing & alteraticns
_er/ICe
Service Available
ar Cleaning
'G FORK VALLEY
..Return Wednesday
- .Return Friday
....Return Monday
'R111lGS
delivery Wedriesday
~r delivery Thursday
~p or delivery Friday
up only on Saturday
or delivery Monday
or delivery Tuesday
Syy~•s3 /
J~V~~~~~
Hours:
!-F+8am-5p.m
Arrangemenrs
P':3CC VG^CL
NOT.CE OF.abWL131L:. VF aVNUAL 2E'."L:2Y
°`usuant :a =ec:ion illLq~l of the 'nte.~al
.2tV^nl:e U]d2, nonce .$ 4eROY y Ven [tlar ':te
annual return `or pie Yes mdinq ;wle :0. 1999.
m'he Stn and YIOCOII F1e11er Fnundazi4n. a ~rv
~mre iounduion, 's Ivalaole br wplic 'tuoec-
tion iy my Interested Crc¢en'whu raluests t rt
[he Founcanon s ~rincpal otter located n
.geese Henn 3 '_amoany. :nc. QU Denise
:urgerss. JCU .Man 3trct lspen, Colorado
3IoiL Teie]nane :979)')?S3`t. begimm~q on
Ne daze al :hts ~ubficanon and 'or la0 tlavs
[hereai[er dunng normal business hours. The
pnncoal manager N the Foundatlon is Norton
.1 :=.eJer.
PubiisnM '.n'tie isPen'mes August _3.:999.
~. '~s' calf ~kcr
ts. ® ~: GSmv Catr~ir m
~.'-~~
.~y~- ..a
nn ~„o yam ma.em rrc~y~
~a.va..smmm Nmm.t:.~W ~~~
P~e~o::amaRV°e °rm..e~a~.~y ...
~ - e. ~-
®(wl a
i . ~.,..,~ ~cvm9rmaa ta.a °ra, ut
amcm magrm araa~a ~dy•IDmomoafamea>®~c
Jo le< 3 Qaaa mmE Tem¢e'eM o ~?0 xcra ai by ~e Sem a:
~3 omad .men n°d a Je'm ~ m (!01 ~
~~ yinr M1mr_,Ip av A'imad<inaum.m<R a['~e ?}IQ G~m1Y l.vIC
1c fu m`eG s cm;agsw }'.,, }:. ~ 3.'rC rm a turn ~mGe-w c
mmam
J. +ww ~.-+.ioe:.wy ma ul aain sd®1 a'<~xios lmtdoaz
~nliaq aiteiti ~-3~•++ti' i.'rympW a[~miAicR .~..c".a¢.e+M1[m
q+mrmaece baem, s:umc4 "sW <,~-i si°amq, ors"wW ma :Jtms
C.Vmvcvoa ~.N:cC\:'auC¢;~0+4 for k~:vWau1'JI.<o+Nmlcc icc~.
~at'+u4a^4 ransanooe Gnr/. ~-+f.agnww WI X a etiS Gary `ar _1~
~I's4 CIVIIJ M :R'V..C'4a0 JI IDV 1OPIic1N[ sp{ynq 7QLL't Y 3 ~rtCitG ::
.etcac.c ~s mrc. " .eaguom vr'sr--.u n aY ci 7e -svc uxmea v :r-
-a< ¢ ni _c stun ra:mn r..•-
-. C.+wvvoa3 `/vac A°Y nwa =:vc4 ~ seovty'++eanr'ntrnvvatc •~r ,
m 1101 mmuua x ~or_
... r_0v'/vYt x: .lty a.IDG w~ m:rl r numd :cel suel ]u xpma
x amc nt sn ommm rexov.<n u :sne.aly ass:'arc nac.is ai .e
a rc~.'o<i: :.,gr:emm IDs .-im~ama. ,tut+rxim:.,r.<, u<a s :~_.,e,
ai;owJ.:i¢:xl s ,vmwlcaf Sy ~.e^_-3,19.
L Y„~,-,~- SL°J cea :x ivaNZa _.w®mu1 CaitL =eaaane. c
1. 2<"s .nay mmsm.m vNa s mtaam a?m~ne a'~ho r-autly itawnes.
vm xcvcf a S.mElr6
...-..-=.•.'/-:~~ e:.a maa YCC:e ar~'vrnf'.s -~.e ad'+-ave4'~ev:a :v
tuns md'ar'xtls mc/or:v wra vE t.~vy'aviW:y x'uN>'om:esaoa~gY
yx cmv4+?aua cni ry.
Pt.3cc >+orcE
2.: YOWR'A'HEcL T 41POR,u2Y CSE ?ERNR
'_0 ?. st tyrant Avenue.
?GT.CZ 'S :+E3F.3° Cti ~Y ;ha[ a pubGC be]rnq
~r111 be need m }lord]v. ieptemtxr ::. 1999, at r _ %zezvn' ~nrr Narc naee:~"'n yam avow n ° m: _aaaiucn'°ile
meet:ny 'o :eyin It is :O om. Se'ore :he asoen :®°al:+etrr.aresmx:v emuz^.acr»v aitvae:Y ivm ~mwe~y':
City l:ounc:l. '_'. r: n.::l :lancers. City 4.ti1. '~r:yimc S:nucml~Wtm ~a a~..~miK ma mv,r..nYL Vm ac r.
CO S. Mena a., a:pen.:u Consider m aDPiica- °i~'"+y. •
Lion subml L'ed by slr,inda ;old ncn. :Co'mr
'bhri.Inc.:equesany aPDroval ;or ssLt month K u ><vuvmel xre>sr ,v-..,, ..^
Yacs;us
` `~
temporary ue Permlt :o opernean "ns:raCiuo-
al snmlc :nishinq ;tuCln '.+tL1 ret]d sales rt ~
-
'oo'N~'-x.wlex om s mt'.:camw2+n nw<m .ige3, :r~raes eL'es _+G.
~'o =.,t 7urw:t Acanue- The pmpem s ~~tNln "`
- :he Velyb bomocd Commerc.al (SC) Zone
Dis:nc. Fur Lrmer nformazion, c]nmct C1ns _
a
V. ~~""" x=~141<%'°O1°1OSy ,w °.<i11 ._.ec_e.
1
3endon a the Asoen:Pit'un Commumb; ~M-
rwxmwalael sea a.v *s "vf=cz
Decelovmen[ Department. CO S. Galena ic.
dsPen. ',9i0) u?0.3Ui'. 0. _ smm An.uv:onaa'wcrd a-Jca °t6<?.ta G"ce.Cxc--.
ehriso~7C.sspen.caus. vco<~mns ct ..
Slavor .. vorc+' n">c~ .-c-: eIS mcvl - ;'--.
15pn-.o _]unC''1
Pabllshe_ '. a mes on >i gust ]3. _-w1 .;t L ee 1' .xv~-clc cs J:~r..-..
-
.-
.
-
'
:999.. tcr7, s
y;~,.o-
.
, _o. _ce:.e .ve
_~
.-'c.rz.
`m'
REc?E.`: LID" COCE '-_
~
^ ars.r m.-Y J+a ~s _.~^3 nwa--z-v-~' ____s
A.V EVCtl2.':-. °_::iSEJ USC
D E4>':UPSIE`
- :PCD13F.'JE'F 2 v~_~K,r num'++u-. ..csc in.x auvd Or-_ss...mta dr.SC~:.;9~rac
-. VpT;Cv_'<_'`_ aEV ;hats public Semm;
Y axlvx".,c. r-rs:o r_scasrvm<; c_oio5'~ ;hyrc'.c:.:-
n
will be ilcd :
Nondav. ~ptember 3. Ic_199. at t m..mao s_y
-- meeUr.q ro iegin rt i:::U p.m. be!ore :he 1s Pen
~:rv ('~u c h"_onnCl ~Sambers CN Hall. ~. \~
wine. t vu..y -. ca mla.n.ur._s .~.,
ISO .U .ut a t.. ASPen IO ions Cer al aDOli _
a~,.z :mm NV :nur~ :a _[_.J nl .. ~dueso :_s nraaccc
cation ;v omit tCd by L.".e Cty u( Aspen -
- Cummunir: =eve!Wpme-t Department requcs[- _
:
- - nq aCnp + ai re 's a ?Tanned „nu .-,
,~>~
"`
_ _ selopm 7.D!. ie a tequlatians. '1e '
Prpods d ern ndm m ~.+unld .d(~ct <ec, on ctw ;vrc a-1 Se'r .a;t:m vutao~ ~-i :.:.:..
„'
_b.~15.d'.;ntC vrloPment'P!,Dl ol'~e
e ot -<m.-. - mc-ea xr-
V
l-
v
Nunic'pai ode. ^e
oropxM code amend- ac~al :ara.I. t
a
a )1. cm pena
meth mC:UC2S ] 'dinOr ?CD prOl?55 IOr 'jtOMF
:Tex .Yithin ;he Lodge? rvarion :L'" pverlav
r _ Vc _.*n Pay "el-:x'i-.43tM. vwC:r-srvelo-_.~.
- Zone tris:ncr. inr iaroler
lniortnatien, enntac: ~c1a«r~Al c-a_ _. anw--~: a<riva tsc-~
,
~aY
- C.lris 3endon rt ;ha .aspeni 'Itk:n l:ommvnlly S i:ol ~:%ue;<-cal _.L .+
acteN'°rmn<;
0l xecta
Development Bevs;ment. I:A 5. Galena Se. .facua!CnO.
,l.Pev..0. (970) 9?0.i0-".
chrs C`ic. 5orn.co.d5. ~_.
~1,GOM1 2u'd<r' P •'
J. ~mFM ~-lY `um]n < L 'R -srac-.noa
a 2achel ? 2shard;, ~
mmonnaM1 smasv. Ir. ue :v mevo . _%.':~:
- ila;:nr
Aswn Cty Gnmcl -txiu:Yl wr]oncon iwc:r'~:r.L~.>-mcvt Aicra.r.:s :c.:M %nY rlT--
Pcblisned n'be up<n ^mes on Auyus[ ]S. m°.--`'c'tl
,.c9 ..,. -..
_ .....,. ..,, ...,,.,~ ~ ; ~ ~ ~ ~_ Irv. ~~a[ r. Z
I
- -,;~~; ~' ...,: -, CERTIFICATE OF O~Zv'ERSi~P _
Pitkin County Title, Inc., a duly license.i Title Insurance Agent. in the State of
Colorado hereby certifies that THE REAL ESTATE BROKERS DURANT MALL
PARTNERSHIP 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 Pa?e X65 as Reception No. 181398 and amendments thereto recorded
October 21, 1983 in Plat Book 15 at Page 48 as Reception No. 254134 and
recorded rune 14, 1984 in Plat Book 16 at Page 10 as Reception No. 260233, and
as further refined and described in the Condominium Declaration for The Durant
Mall (A Condominium) recorded February 6, 1976 in Book 308 at Page ~ 18 as
Receptior. Ne. I81397.
COUNTY OF PITKIN, STATE OF COLORADO
Subject to encumbrances, easements, restrictions and rights of way of record.
This certif;cate is not to be construed to be a guarantee of title and is furnished for
informational purposes only.
PITKIN COUNTY TITLE, INC.
B Y: /e~ i
authorized i a e
CERTIFIED TO: August 10, 1999 @ 8:00 A.M.
THE CITY OF ASPEN
MEMO FROM NICK LELACK
PLANNER
(~~ .7S n C ' (~` n
u ~,-y rS`~ Awl`
~~
13O SOUTH GALENA STREET
ASPEN, COLORADO 8611-195
\\\
8Q
Q 6~
~v
oa
g4
0
i/~
i
V
..~
.7
cY
G
d
~'
o•
Q
o~
`~
°~
`~1- ~• 'i
~~
w!1 1 :.
• 1
~~~~
~ • ~
• ~~
• ~
W r
^~
~i
•~
3 1
!~
Q
U
-~
.~
~~
:~
.~•
.~, ..
~3'.J''
~ ~
/ 1 '•~. '~
1
~/
1 :V ~
• `~ ~•..
~~ `~
j(~'~~'
`~1
~y.
~R
W
~ ~
0
~ ~
N _
~ ~ ~
~
0 /
'" e.
•
~ c-a
:~: off.,
~'""
._
~~` _
7~" / G~2.~~ ~Q
/ ~~~~ ~~
~-~.~ ~~ ,
~~ ~
/'12.2. /--*~ btu ,$~~ 3S~4L ~llr'j,
M O N T E I T O_
A s p e n C _q~~~G~~~~-~
9 7 0 9 2 0 ~y%~~Q'~,L1i
~-:,
~~~~1'~6~t~
1 ~ ~0~0
REVIEW STANDARDS -Application for Code Amendment
r=N! PIT~CiFa
StlBI~IITTED 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.
Ali 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 l0, 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 Iocation 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.
C
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 b 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 the 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 heing a part of this area
in town. Kalor 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 signted 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.
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 retmlarly.
Thank you for your consideration of my request.
Sincerely,
Kathie Schulman
Owner
(p/~~DU
LAND USE APPLICATION
PROJECT:
Name: U l' W y? L. G ~ ~ r'
Location: ~~ ~. ~ ~(_F ~ ~'i ~ I ~ ~J~ F ~ c' - t-
~,
(Indicate street address, lot & block number, legal description where appropriate)
APPLICANT:
Name:
Address:
Phone #:
REPRESENTATIVE:
Name: ~ I ~' SC~~ LLlr1"Y1Lf l'~ -- ll.' /1P ~
Address: ~~ C~ ~ , ~,{ rGt V1-~ ~c `- ~ ~c'. ~ ~'
Phone #: _`~ ~ ~ " ~ 1 ~~
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 - 8040 Greenline, Stream ~ Subdivision Exemption (includes ~ Small Lodge Conversion/
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
~~
~
~ Lot Split ~ Temporary Use ~ Other:
~~/'D l/Ct_.~. -
~
~ Lot Line Adjustment ~ TextJMap Amendment y ~n~ C~ ('_
~~ r r~ ~~ ~G ~ -4r~
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
`" C``z-;
Have you attached the following? FEES DuE: $ ~ ~ ~ ~~~
~ 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
ASPEN/P[TKIN
COMMUNITY DEVELOPMENT DEPARTMENT
of
CITY OF ASPEN (hereinafter CITY) and
(hereinafter APPLICANT) AGREE AS F(
has submitted to C~TY an application for
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
B" G~~c.._. ~../ By: ~ ~/~ -z: ..Xf/-f[~.~/71.4/V
Julie Ann Woods
Community Development Director Date: ~,~[~/')E' /-~,_~CfC~CJ
Mailing Address:
1~C ~"~ ~ u ~Gn-f - SUS ~ ~ = ~
.~~r~ ~~ ~~~il
g:lsupportlformslagrpayas.doc
1 ?/? 7/99
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: Existin~• 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 FIR: 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:
~ a
ATTACHMENT 3
MINIMUM SUBMISSION CONTENTS
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.
The street address and legal description of the parcel on which development is proposed
to occur.
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.
An 8 112" x 11"vicinity map locating the subject parcel within the City of Aspen.
5. 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.)
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
Q
ATTACHMENT 5
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 commiu~ity 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
a
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
r.
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 sLUnmary.
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.
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 ],2,3
Final Development N
Minor Development N
Historic Demolition Y HPC 1,2,3
Historic Designation Y HPC, P&Z &
Council3 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 &
Council3 P&Z - 1,2,3
Council - 1,2,3
PUD -CONCEPTUAL Y Council 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 &
Council3 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 &
Council3 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.
a Adopted by Resolution, only one hearing required, which is a public hearing.
C
County of Pitkin
State of Colorado
ss.
Attachment 8
AFFIDAVIT OF NOTICE PURSUANT
TO ASPEN LAND USE REGULATIONS
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:
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
Notary Public
^-.
County of Pitlcin } AFFIDAVIT OF NOTICE PURSUANT
} ss. TO ASPEN LAND USE REGULATION
State of Colorado } SECTION 26304.060 (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_. (Vfust 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)
SiDned before me this day
,199_by
WITNESS MY Hr1i~1D AND OFFICIAL SEAL
Iviy commission expires:
Notary Public
Notary Public's Signature
August 25, 1999
City of Aspen
Planning Deparnnent
1 ~0 S. Galena Street
Aspen, CO S I61 1
VlA HAND DF.I.IVERY
RE: Durant Mall Suite E-2
To Whom It ~~fay 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 irs
~~
Joshua Saslove
O p
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
::
1
(\ 1~
V ~1`V, ,
j~` v
{` • '~
I1.... ____ ...._~.... ~.....,
'~
~ ~ ~ '~.
z
~ ~
`~ ~ P
,~
~r' _. ~__
f
f
w
~~ ~' IJ
~_ ~~
~ ` S- ____
J ~~
i~ .h _._I .,_ _.._,
i
~i~ l 1
I
r
I
~ ~
'35... ... ..... ]~
rC
1
I
A .........,;1
w ...... .. .:t++~.........._....~.~._.
`'.
__... ~
~~,
--~
L1
~._,..___.._.... _,._r
±~ 4
~, ~ _ ~
5 1 ! ~
'-~C
~~
-_.,..__........ r.
1
2
~_
`t~~
#._.
~~
..
"'t
~~
~~
i
C-i
,3
~1
~'
~~l
k
r`
,~,
!J
' :~ I
lYM
~~ I
~ ~`_r~
J
r~l
.-~~. '
~i
~ J
1
._.~.~.~ 1...
c~ ~"
~ r'
~_. -h~ .
T. ~ ~
~ •~ '~„ .,
~._...
.... ._. i
_ _ _I '
~._
` f
~ Y
~=~
.~
r. J
-L
p`~~
i~
'Z
Y
~j
~,~.
f `'
~.~
~~\ l
f
S~
t
L
J
f~
i
' '
' I
_~ I
•/~
J I
(Y_1
I a , I - ~
~ ~~ 1
!~ 1 ~ i
--`~. ~
r`
.... ~
i
`~
~ '~
c -~__.~
~,~