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Land Use Case.530 E Bleeker St.A62-93
BCS Prop. Change in Use A62-93 2737-073-00-041 cl gL u CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 10425493 PARCEL ID AND CASE NO. DATE COMPLETE: 2737-073-00-041 A62-93 STAFF MEMBER: LL PROJECT NAME: BCS Properties Change In Use Project Address: 530 E. Bleeker Legal Address: APPLICANT: BCS Properties, Howard Bass Applicant Address: Box 5078 , Aspen, CO 81611 920-2277 REPRESENTATIVE: Representative Address/Phone: Aspen, CO 81611 -------------------------------------------------------------- -------------------------------------------------------------- FEES: PLANNING $ 942 # APPS RECEIVED 1 ENGINEER $ # PLATS RECEIVED HOUSING $ 55 ENV. HEALTH $ TOTAL $ 997 TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: X 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES N :) CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO DRC Meeting Date --------------------------------------------------------------- --------------------------------------------------------------- REFERRALS: City Attorney Parks Dept. School District City Engineer Bldg Inspector Rocky Mtn NatGas Housing Dir. Fire Marshal CDOT Aspen Water Holy Cross Clean Air Board City Electric Mtn. Bell Open Space Board Envir.Hlth. ACSD Other Zoning Energy Center t Other DATE REFERRED: INITIALS: 1f DUE: << 1-7 ------------------ --------------------------------------=------ -------------------------------------------- 4 FINAL ROUTING: DATE ROUTED: // z / INITIAL: "/ L City Atty City Engineer Zoning Env. Health Housing Open Space Other: FILE STATUS AND LOCATION: — —tiecordef Rtception No. -- WARRANTY DEED THIS DEED, Made this 23rd day of March .19 $$ , batwaerr S. JAMES MARINO �j ,t of the ((` ° Courtly of State otX�6l ill fornps and ; B C S PROPERTIES, A COLORADO GENERAL. PARTNERSHIP . [1,0. BOX 65078, Aspen whose regal dtfdtrii;�, G/o [toward Bass , Colorado 81612 - -�— t. l of the County of S,ai, ;t C'uduilnla,grantec(si. � and other WTNESSETH,That the granterj for sd ft G * good and valuable consideration ..___-_. �. � _ .uW_ W. yW, -.�a�,95 the t>rctipt and st,ills ieocy of whi(h iti heret)y b;u}(4!!t4d. ;ikt air- coovtyed,and by the r.Pte xnEsdo eS grant. I. e�r 'L,, i ti =yw t;rtver,all tba rral ploperty,togetitct with improvements, bargain,wit,o--9, nd [Ito' V41 if any,situ4tr_,1011t,acrd lxing in the C',ic,rtty .,i P 7 t 1 n State of CatbrxdU, { described as follows i 'i See Exhibit "A" atl::aOied horett7 and h( r•kain by this reference. j j also also known by street and nuni,i xr as: TOGETHER 'Adb aii awl +Jngulu the heloloaaierits and apportrnao x4 111c:r1i,l tlurs)�uzg, or rt agywist ai,penaintrtg, ,,md t+ei: ecvcr*,ion Md y tS atit) ptc,ftts N�rrc.<r( t s f; '. S titC, t�,w!'R-. tit) r"z`fC`t.[�tA 1nt.8.�1�$�Cn�3R7i YL`t}6t5_ bEi_,rYf lh_b_ tevrrsrunx. �mmnutl an13 ,rmylnc{erg,rents, t:nu _ trantbr(s),eiihri ill taw 01 a uit or',in Arid t.tAe ah(,AC haf�r,AU1¢d pie,rusn' 16i iti`Itd)1ariitlit,, .f `ipl:ufrGrranc;es i TO HAVE AND TO HOLD the,Maid pfl nuse::ahovc bar;girprrl and dr{i r�tl rn zl.� y 1 ttriftwit aims)the grwatc�{s), th 7 r Miry and i I a55igtt5(Orevcr 1�t:d IhE ,rantkirt ,t<ir him so f F17 c, t+, r-,arm t„ ' c i�t'•.rn:attvc:,u;i f,� t.z�ru4w ita,bargain,and AFtC to and with the greett;;e(5), ih�°�flt�lr4 and a5uiy�nS,t1S if A!thr[ter if i�.t. n r.ut 1t(' t++1�id.ry of ihtS,*prtSents, �i"^ i� well f seized()f the preiw5cs irtxrvr t Coltvcyrd,fill S good,sure,perf wt, inn Suit of iuhrrilanc,"m law, w fee simple� imd iha S gt>c-,d right,full pttwcr and witharity to grant.har uu i.",11 1111d r+�tl the br?t in it)-,;=Ice agid 6 i?n as aftae+a+td,and that the,same are rice and clear from all furiner and other grants,bdrsatn S, ,akf,,Heir taxCS, vvj rtslriI;Iwns kit Mla rvct vituior n?t ire,Softer, exOx4 EXCEPT FOR: tuxes for the year 1988 j14ij=oble in 1989; reservations contained �I in United States Patent. of record; )01JECi 102 right of way as reserved in United States Patent. of record; right. of way and ea5elnetit as set for°t i in instrument recorder] In Zook 216 at Page 396; terms, conditions, obligations and provisions of Party Wall Agrpem{ant: <is coritained in instrument recorded in Book 242 at Page 220: tr,rms, conditions; provisions dnd ob-1Igations; as set forth in *see belt The eruntor(s)shall and:�,u WAR)tt`N'T AND rl k V f:,R br.ErNL1 pa!rnises in the quiet and peaceable possession orthe grantee(s), the i r- his heirs and assigns,against At and every person or petstatis lawfully f11a 1 tha whole or any pan thereof. IN WITNESS WHERECif•,the grantor(A ha S .Acc.-uted this deed on thi:hate sit lan /e. MES MARINO STATE OF CAWRAW i County of Pitkln The fomgoing irstniment wu acknowledged before me this 2 3rd day of March .19 $$ � r by S. Jam Marino arino My commission expires Mille s my halsl�andlticial,cal. , �i / / ?� Notnry P.W. ll * agreement recorded in Book 504 at Page 61; assignment: of lease recorded in i Book 555 at Page 202. ; *if in Denver,insert"City and" ff `' 1N4,03Z,ftev,3-tl5, WARRANTY PEW(For Fho(ogrwphlc lktivrd) 5,44f-d Pubtiihiag,58:15 N tith Ave.,Lakrwood,CO 90214—()03)433-MW 5.86 MEMORANDUM TO: Aspen Planning and zoning Commission FROM: Leslie Lamont, Senior Planner DATE: January 18, 1994 RE: BCS Properties - GMQS Exemption for a Change in Use and Conditional Use for a Pilates Studio SUMMARY: The applicant seeks a GMQS Exemption for a change in use from a primary residential unit to a mixed service /commercial and residential space and a conditional use for the installation of an exercise studio. The Planning Department recommends approval of the GMQS Exemption and the conditional use. APPLICANT:' BCS Properties as represented by Howard Bass. LOCATION: 530 E. Bleeker Street (behind the jail) ZONING: Service /Commerical /Industrial (S /C /I) APPLICANT'S REQUEST: Change in use from residential to service/ commercial space and conditional use for the creation of a Pilates -based fitness studio. PROJECT DESCRIPTION: According to the application, BCS owns the metal shed two story building between East Sleeker and Rio Grande Drive. The property is zoned S /C /I and houses several industrial, paint, and florist type businesses. On the second floor of the building are four, 750 square foot, free market rental apartments, two bedrooms each. The applicant has proposed to convert one of the dwelling units into a Pilates -based fitness studio. Pilates is a specialized physical conditioning technique that uses distinctive equipment for the work -out. The system has been used primarily for dance training and is often used for rehabilitation purposes and athletic training. The applicant intends to maintain the dwelling unit for housing for the Pilates' trainer. Although, the dwelling unit is not being eliminated (which does not trigger Ordinance 1 review) the space is being converted to a commerical use. Therefore, staff recommends change in use review. Home occupations are a permitted use in the S /C /I zone district. A dance studio and martial arts studio are conditional uses in the S /C /I zone district. In the past, the Planning Department has ^1 interpreted that gyms and athletic studios fall into those categories. Therefore, staff recommends that the Pilates Studio be reviewed as a conditional use in the S /C /I zone district. STAFF COMMENTS: A. Change in Use - Pursuant to Section 24 -8 -104 B(b) of the Municipal Code, the Commission may grant a GMQS Exemption for a change in use provided that it can be demonstrated that the change in use will have minimal impact upon the city. A determination of minimal impact shall require a demonstration that a minimal number of additional employees will be generated by the change in use and that employee housing will.be provided for the additional employees generated; that a minimal amount of additional parking space will be demanded by the change in use and that parking will_be provided; that there will be minimal visual impact on the neighborhood from the change in use; and that minimal demand will be placed on the city's public facilities from the change in use. RESPONSE: The addition of the Pilates Studio will have minimal impact to the City. The Housing Office reviewed the change in use and found that additional employees were not being generated by the change (see attached referral comment). Although parking is problematic in this area, the parking garage is 1/2 a block away for clients of the studio, the street has been signed for 90 minute parking, and the number of occupants in the dwelling unit will be reduced. There will be no visual change in the exterior of the building and any advertisement shall comply with the City's sign code. B. Conditional Use - Pursuant to Section 24 -7 -304 the criteria for a conditional use review are as follows: . A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located; and RESPONSE: The purpose of the S /C /I zone district is to allow for the use of land for the preservation or development of limited commercial and industrial uses which do not require or generate high customer traffic volumes and to permit customary accessory uses, including residential dwelling units. The proposed Pilates Studio will have no more than five machines in the studio. The work out consists of one person per machine with the assistance of the trainer. Therefore, no more than six people will be occupying the space at one time. Sessions will last one hour and it is anticipated there will be four sessions a day five to six days a week. 2 As mentioned above, AACP recommends the downtown. the trainer will live on the premises. The encouragement of live /work space in the B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and RESPONSE: There have been a variety of gyms and work -out studios in the S /C /I zone district over the years. Small, service oriented businesses are common in this zone district. People will use the Pilates Studio on an as- need -basis unlike a club where membership is required. The average client will use the facility two to three times a week. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and RESPONSE: A restroom is available in the space. The work -out is not strenuous and therefore does not require shower facilities. The only item necessary for the work out is the pilates machine. There will be no additional waste generated by this use other than the obvious household refuse from the residential aspect of this space. Although parking appears chaotic in this section of town, Rio Grande Drive is signed for 90 minute parking and the parking garage is 1/2 a block away. Both measures enhance the ability of this commerical area to service patrons on a short -term basis. The City anticipates negotiations with both property owners of this building (Bass /Obermyer) and those along East Bleeker Street to potentially swap city owned land and /or close Bleeker Street to improve traffic circulation and parking concerns. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and RESPONSE: The public facilities are adequate to serve the new use in this space. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and r�' 0 RESPONSE: The Housing Office determined in the change in use review that there is no incremental employee generation from this use or a full conversion of the space from residential to service /commercial. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. RESPONSE: The proposed conditional use will comply with the other regulations of this chapter. RECOMMENDATION: Staff recommends approval of the change in use from primary residential to mixed service /commercial and residential and the conditional use of a Pilates Studio in one of the four 750 square foot residential spaces at 530 East Sleeker Street with the following conditions: 1. This change in use only applies to one 750 square foot residential dwelling unit at 530 East Bleeker Street. 2. The dwelling unit shall be maintained in the Pilates space. If the dwelling unit is eliminated the applicant shall be subject to Housing Replacement Program requirements (Ordinance 1, 1990). 3. The applicant shall adhere to all representations made in the application and at the public hearing. 4. The conditional use approval is for a Pilate -based fitness studio only. Any other service /commercial /industrial venture, in this space, shall require.an amendment to this conditional use. 5. Prior to the issuance of any building or demolition permits and /or a business licence, the applicant shall submit a floor plan, to the Planning Department, of the 4 residential units and indicate which unit shall be used as the Pilates -based fitness studio. RECOMMENDED MOTION: "I move to grant a GMQS Exemption for the change in use of one 750 square foot dwelling unit from a primary residential use to a mixed service /commercial and residential use and the conditional use for a Pilates -based fitness studio at 530 East Sleeker Street with the conditions as stated in Planning memo dated January 18, 1994." Exhibits 1. Housing Office Referral Comment 2. Pilates Equipment Photo 4 TO: Leslie Lamont, Planning Office FROM: Cindy Christensen, Housing Office DATE: November 16, 1993 RE: BCS Properties Change in Use Parcel ID No. 2737- 073 -00 -041 The applicant, Howard Bass, is requesting to convert four 750 square foot, two - bedroom apartments into commercial space. This represents 3,000 square feet (750 X 4), and 8 bedrooms (4 X 2). The applicant not only has to mitigate according to Ordinance 1 (Section 18), Demolition /Replacement, but also to the change -in- use. Ordinance 1 (Section 18-3.31, Housing Replacement Reauirem According to Section 18- 3.3(a), the owner is required to construct replacement housing consisting of no less than fifty percent (50 %) of the square footage of net residential area being demolished or converted. The replacement housing shall be configured in such a way as to replace fifty percent (50 %) of the bedrooms that are lost as working resident housing by demolition or conversion. The replacement housing shall also be deed restricted as affordable housing. According to Section 18- 3.3(b), the replacement units are required to be developed on the same site on which the demolition or conversion has occurred, unless the owner demonstrates that replacement of the units on -site would be incompatible with adopted neighborhood plans or would be an inappropriate planning solution due to the site's physical constraints. Also according to Section 18- 3 -3(c), the replacement units need to be available for occupancy at the same time as the new unit or units, regardless of whether the replacement units are built on- site or off -site. Change -In -Use Pertaining to the change -in -use, the applicant has to mitigate for 4.14 employees, which is derived as follows: ?O^+ S /C /I Zone District = 2.3 employees /1,000 sq. ft. at 3,000 sq. ft. = 6.9 employees X 603 mitigation = 4.14 employees. The applicant presently receives credit for the employee generation from the existing four two - bedroom units (4 2- bedroom units = 9 free - market residents; 9 _ 653 =. 13.85; 13.85 - 9 = 4.85 [GMQS threshold = 353 of total development as affordable housing]). The applicant receives credit for 4.85 employees. Therefore, there is no mitigation requirement for the change -in -use. c.\wrd\referral \bcs.ciu C 0 The Current Concepts Reformer 0 'I have confidence craftsmanship, yc and in your know understanding of Pilates technique, as your recognific appreciation of hi I believe that Joe approve of you ai reproductions of 1 equipment. We e the Reformer we from you." RECORD OF PROCEEDINGS PLANNING B ZONING COMMISSION JANUARY 18, 1994 Chairman Bruce Kerr called meeting to order at 4:30 P.M. Answering roll call were Tim Mooney, Sara Garton, Roger Hunt, and Bruce Kerr. David Brown was absent and Jasmine Tygre arrived shortly after roll call. COMMISSIONER COMMENTS There were none. There were none. There were none. STAFF COMMENTS PUBLIC COMMENTS MINUTES DECEMBER 21, 1993 After corrections: Sara made a motion to approve minutes of December 21, 1993. Roger seconded the motion with all in favor. BCS PILATES STUDIO CONDITIONAL USE REVIEW Leslie made presentation as attached in record. She presented the affidavit of notice and publishing. (attached in record) After discussion Bruce asked the applicant if they had any problems with any of the conditions of approval. They had no problems with conditions of approval. Tim: Here is an application where we are changing from studios or bedrooms that are needed to something that has run it's course at the Aspen Club already and isn't needed. I would like to see us have some way to get this back if the life of this Pilates Studio doesn't live long and we can back it back to something we need. We need bedrooms. We need housing. And all of a sudden we are changing to a commercial use. Howard Bass: If, in fact, they decide to go someplace else then we will just turn it back into what it was before. Tim: I don't want to see this changed to more commercial space and then you come back and say "It was commercially changed and that didn't work so now we want to try a conditional use to do this." Once it gets into the commercial pool, I am very disappointed. And once it gets out of the bedroom pool and into the commercial pool, I think we go backwards as far as maintaining the town. I think the commercial is the engine that is exploiting the town and moving out the residential aspect of the community. F'1 PZM1.18.94 Leslie: You are being asked for a very specific review for a Pilate Studio. If the Pilate Studio goes by the wayside and Howard wants to do another commercial in there it depends on whether that is a conditional use. If it is another conditional use then you will review that again. MOTION Roger: I move to grant GMQS exemption for the change in use of one 750 square foot dwelling unit a primary residential use to a mixed service/ commercial and grant residential use and conditional use for a Pilates -based fitness studio at 530 East Bleeker Street with the conditions as stated in Planning Office memo dated January 18, 1994. (attached in record) Sara seconded the motion with all in favor. MOORE REFERRAL REVISION Leslie made presentation as attached in record. MOTION Sara: I move to adopt the new language and to forward the referral as stated as #6 in the Planning Office memo revised Moore Family Subdivision statement dated January 18, 1994. (attached in record) Roger seconded the motion. Bruce: I would still like it say something like "Whereas" in front of it. I am specifically talking about the language where it says it is not entirely consistent. I would like to have it say something like "The Moore Family general submission as submitted attempts to mitigate it's impacts on transportation but the Planning and Zoning Commission has found that it is not there yet ". So we acknowledge that they have been doing the work and they are going to do more. I just think there needs to be an acknowledgement that they are aware of the transportation impacts and that they are attempting to mitigate. But based on the presentation we see at this point, they are not quite there yet. The only other problem I didn't see in these 4 items is it specifically says somehow splitting the traffic through Maroon Creek either diverting it off to Castle Creek or cutting across the edge of their dedicated open space. Is there possible alternatives? That was another option to be considered. Leslie: I think it was in their application that they are �.r iyaa W*:1sx1a proposing an alignment on the edge of the dedicated open space. This will definitely be included in the EIS and that is the form that it will all be discussed in. Bruce: I think there must be a recognition that the automobile is still going to be here in spite our best efforts. And if there are ways that we can disburse that automobile traffic by going on one side of the Moore open space or taking some of it off of the Maroon Creek Road and get it onto Castle Creek Road or across the Holden /Marolt. I don't know what those options are but it ought to continue to be open for discussion. So that we don't spill everything into that one traffic light. Or an alternative corridor. I think all of that needs to be considered. Roger: A transportation plan for this entire area - -not just the Moore property. We should specify from the Maroon Creek Road to Castle Creek - -give it boundaries. But there is this virtual development triangle at that point that goes basically from Highlands, Maroon Creek Road, Hospital or that development, Castle Creek Road and actually including the Castle Creek. Leslie: How about "The land area in between the 2 creeks ". Roger: Good idea! And Hwy 82. MOTION ADDITION Sara: I amend my motion to include points as discussed. Roger: I amend my second in include same. Everyone then voted in favor of the motion. Bruce then adjourned the business portion of the meeting. Time was 5:00 P.M. Commission then continued with a joint meeting with City Council, Board of County Commissioners and County Planning and Zoning Commission. Janice M. Carney, City Deputy Clerk 3 The Current Co�cepts Reformer: Smooth, quiet and dimensionally accurate. The Current Concepts Reformer is a perfect example of "form follows function" design. Over the years, we've incorporated the suggestions of Pilates experts world- wide to fine tune our Reformer (see the Current Concepts story on back page). The result: an extremely smooth, quiet machine that lets the user concentrate completely on his or her workout. Our Reformer is beautifully designed and meticulously hand - finished, like a piece of good furniture. it is handsome in clinic, studio, and home environments. And unlike typical steel and chrome exercise equipment, our Reformer looks comfortable to use - and it is. our Reformers have stood the test of time. Our machines are engineered and built to be used all day, seven days a week, year after year. Our metalwork and wood- work are done to extremely close toler- ances. We use the best materials available - designing and manufacturing our own parts when ready -made won't do. We've been building Reformers since 1977. Our original machines are still working just as hard and as well as the day they were shipped. Why our Reformers will never become obsolete. We believe that superior design defies obsolescence. With that principle in mind, we design our Reformers so they can be fitted with future improvements. Even our very first machines can be fitted with every improvement we've made over the years. So when you purchase a Current Concepts Reformer, you can be assured that you'll have the very best machine available - now and for years to come. Carriage wheels move in true alignment. Our custom -made wheels arve .t arnigbt ride, reduce friction, and last longer We secure our wheels with an ruininum mount that will not crack or bend. Other machines use a wooden bracket ur block..vnich can warp or crack, throwing the machine out of alignment Our custom wheels ,nth precision bearings on metal brackets assure a straight smooth motion - always properly aligned. We use straps instead of — cords - users find them more comfortable and secure The straps are easy to clean and won t stretch out They're made of a highly durable synthetic material that resists cleaning agents and perspiration. Straps are also available in leather Custom designed strap roller has precision ball bearings for quiet operation and reduced friction. Furniture -grade pine frame. Our pine is kiln- dried, then seasoned at room temperature so it won 'I warp or crack. Each piece is hand - finished to a beautiful satin luster with a nom toxic, chemical - resistant varnish It's easy to clean, resistant to perspiration, and you won t have to worry about cleaning agents damaging the finish We, can also build your Reformer in metal, oak, ash, poplar, alder, or the wood of your choice. Tvvopusilion adlustuble heudrest for cervical support The Foot Board is an accessory that provides a vertical floor like surface for toot and ankle articulation, points work, and lumping. Wad Joseph Pilates, inventor at the Pilates technique and the Reformer. Flame- retardcnt vnvl upholstery The Pilates technique of body conditioning: an idea whose time has come. In 1923, German -born Joseph Pilates brought his revolutionary method of physical and mental conditioning to the United States. His studio in New York City quickly caught the attention of the dance community - and the Pilates technique became an integral part of dance training. Dance legends such as Ruth St. Denis, Ted Shawn, Martha Graham, George Balanchine, and Jerome Robbins practiced Pilates and taught it to their students. Today, everyone is discovering the Pilates technique. Hospitals and physical therapy centers worldwide are using Pilates to rehabilitate injured athletes and dancers. Many athletes - even football players - now incorporate Pilates into their training. Pilates -based fitness studios are Pit inc; for accessories such as the Prot Board and Turnout Plattorm. Sculpted shoulder pads fit the shoulders. Other machines use flat pads. Ours are not only more comfortable, but help the user orient the body properly on the equipment. Lightweight carriage minimizes friction for a light, smooth, yet extremely stable motion. The user is in control, not the machine All accessible aluminum parts are anodized for reduced friction and maintenance Also no black - alurmeum dust' sods the uses hands Two - position padded, adjustable footbarre accommodates more body proportions and exercises aching the technique to an increasing number of students who are tired of the "pumping iron' atmosphere of conventiona gyms. And of course, Pilates continues to be a mainstay of dance training. The Reformer: the centerpiece of the Pilates system. Pilates' new ideas required new equipment - so he invented the Reformer. For 50 years, the Reformer remained basi- cally unchanged. Then, in 1977, Current Concepts became the first company to update the Reformer. We applied today's technology and materials to Pilates' original concept. We believe our Reformer is what Pilates would have built if he could have Resistance springs have tapered ends wdh swivel hooks for increased durability and 1 safety. Joseph Pilates insisted on this type sprang, but we re one of the few manufacturers who actually use it Others often use a spring with a bent hook on the end, which can twist and snap. Corners are rounded and smoothed, creating a soft, sculpted appearance. No hard edges. Size 27" wide, 93" long, W" high Weight 120 lbs (shipping weight 190 his I Resistance. Various spring configurations create over 100 resistances. Upholstery colors Wi . bone pewter, charcoal, black Hundreds of custom colors also ovadable 'I feel that the Current Reformer contributed cantly to Eric Wright h to perform as a defei despite a four -year p with Osteitis Pubis. l F there was something machine when Eric to to drive ninety miles i three days a week to Francis Memorial Ha the off - season to use machine there.' J. Undsy Mclean Head All Son Francisco F 'Our first Current Reformer, that w in 1984, confinul smoothly alongs latest models. Cc Concepts has eq our three locafla Reformers and nl other Pilates app The company isc to our needs, res for equipment L% a pleasure doin E with a compony good care of Elizabeth J DarKerned[Y» Center for Saint Francis Mertdn BCS PROPERTIES PO BOX 5078 ASPEN, CO 81612 303 - 920 -2277 October 22, 1993 Ms. Leslie Lamont ASPEN PLANNING DEPARTMENT 130 South Galena Aspen, CO 81611 RE: 530 E. Sleeker Street Aspen, CO 81611 Dear Leslie: We have four (4) 750 square foot, two - bedroom apartments on the second floor of the above referenced building. Michele Bodner would like to lease one of the apartments as a Pilates Studio. We have an apartment available for this use as of November 1, 1993. At a later date, when the current leases expire, we would like to convert the remaining apartments into commercial space, as allowed in the SCI zone. As per our pre - application conference, we are enclosing an Attachment #1 form, the requested title information, a vicinity map and a check in the amount of $997, as required. If you need any further information, please let me know. Thank you for your help in expediting this application. Sincerely, BCS PROPERTIES K aZrs Managing Partner PUBLIC NOTICE RE: BCS PROPERTIES CONDITIONAL USE REVIEW FOR A PILATES STUDIO NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, January Af 1994 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, 2nd Floor Meeting Room, City Hall, 130 S. Galena, Aspen to consider an application submitted by BCS Properties, c/o Howard Bass, Box 5078, Aspen, CO requesting approval of a Conditional Use Review for a Pilates studio to be located at 530 E. Sleeker St., Aspen, CO; a metes and bounds parcel of land within the South 2 of the Southwest ; of Section 7, Township 10 South, Range 84 West of the 6th P.M. For further information, contact Leslie Lamont at the Aspen /Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920 -5101. 9/Bruce Karr, chairman Planning and Zoning Commission Laqtuyers I ns -, urance o@' @ration NATIONALHEADOUARTERS = RICHMOND, VIRGINIA CASE NLestp PCT -1548 1. NAME OF INSURED: DATr OF PO__CY AMOTJ VT OF INSr_WD ^l' POLicy N'L!" W"RR 04/05/88 @ 4:47 P.M. 8 1,080,000.00 85 -01- 097186 B C S PROEFTM'FrIIES, A COLORADO (RrnReraar. 2. TFF ESTATy OR Ih°SFRFST IN Ti LAND FE'RETN AA'D tkiIC!? IS OOVERED SY THZS ?OLICY T.: IN FEE Slt ff' 3. "I M wTATE OR INTE2Fa^.' Pat TO STN IS AT DATE OF POLICY VES^I-M) IN. B C S PROPERTIES, A ODLORA.DO GENERA3i T PAWIMMISYIP KZ SE FWER TO MISIT "A" ATTACHED HEREM AND MADE A PART HEREOF. i PITKIN ;. TITLE, INC. 601 E. HOPKIiS AVE.- 'Caaztbtsibri� Authorized Aunt ASPEN, COLORADO 81611 ` / J J (303) 925 -1766 THE PJLTCY NICER SHOWN ON TEIS SCHWJIE MUST A= WITS TqE PREPRINTED NOM.9E'R ON THE CWER S=l I )rm tDO Litho in U.S.A. ISSfING OFFICE COPY awyers T tle Insxmnce�Uorporation NATIONAL HEADOUARTERS RICHMOND, VIRGINIA A tract or parcel of land within the South 1!2 of the Southwest 114 of Section 7, Tcfm4hip 10 South, Nance 64 West of the Sixth Principal ^leridian, described as fellows: Co=mencing at a point of intersection with the North 'Line of the South half of the Scrati-,.aest cna_ quarter and the Southwesterly line of East P.sper. TaAnsite, said point *y3^vL- , ng Seath .0 04' 46" East a di � e ` 1 M.4C4 feet from the West arxr<ruar' $rk. Ga ix.+. corner of said Section 7 and said point bearing South 43` 10 East a distance of 12.266 feet from Brass Cap Nbrnussnt No. 38; thence South 4:f 10 East and along the Southwesterly line of the East P.spper. TNmsite a distance of 875.864 feet to Brass Cap Monnrp—nt NWIC -1 tJ%ence North 14° 29 East a distance of 75.829 feet to Brass Cap monument MSWC -2 "; thence Srnat_h 87o 30 Fast a distance of 88.957 feet to Brass Cap Mint M-W, "C -3 thence North 84 20 ".East a distance of 164.743 feet to Brass Cap Moirrment MST! "C -4 thence South 57 38 Ea s* a distance of 10.54 feet to Brass Cap Monument MM 11 0 -55 "; and the Southwesterly corner or Wit Claim Deed Nc. C -5796, said corner being the true ,int of the begir-ring; thence Soa:th 57 East and along the Southerly lire of said Qsit.Claim Deed a distance of 88.623 feet; thence Scath 67 East and along said Southerly line of Quit Claim Deed No. C -5796 a distance of 36.88 feet to the Southeast- erly corner of said Quit Claim-Deed; thence North 15 38'42" East and along the Easterly live of said Quit Claim Deed a distance of 118.58 feet to the Northeasterly corner of said - Qait,Claim Deed.., said Northeasterly corner bears North 73 West a distance of 150.=-feet from MSM Brass Cap Monument "0 -56 ";.thence continuing along the aforesaid course a distance of 8.42 feet-, thence North 75 01 West a distance of 129.012 feet; tmice South 1 59 West a distance 94.346 feet to a point, said bears North 5'f 38 West a distance of 4.377 feet from the southwesterly corner of said Quit Claim Deed marked by Brass Cap Monument MSM "0 -55 "; thence South 57 East a distance of 4.377 feet to the true point of the begirmAng. EM'lING Tim: That portion described in Deeds to Sport Obermeyer, Ltd., a Colorado Corporation and Klaus F. Obermryer recorded Jane 16, 1970 in Book 248 at page 971 recorded July 10.. 1970 in Sock 249 at Page 378. - m too Litho in U.S.A. ISSUING OFFICE COPY TENTATIVE COUNTY AGENDAS REVISED MARCH 7, 2005 12/6/04 Board of Adjustment 5:30 Courthouse Conference Room 12/7/05 BOCC 2:00 Plaza One 12/13/05 P&Z 5:00 Plaza One 12/20/05 Hearing Officer 3:00 Courthouse Conference Room 12/21/05 BOCC 2:00 Plaza One 12/27/05 P&Z 5:00 Plaza One G: County\admin\documents/cty agenda forecast Applicant: Payee: Type: Permit Number 0033.2005.ASLU Permit Receipt RECEIPT NUMBER 00015380 Date: 5/4/2005 MOUNTAIN DISCOUNT PAULJHOEPER check # UNNUMBERED Fee Description Cal fee to Receipt Deposit Amount 660.00 Total: 660.00 0 City of Aspen Community Development Dept. CASE NUMBER 0033.2005.ASLU PARCEL ID NUMBER 2737-07-3-00-013 PROJECT ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE 557 MILL ST SARAH OATES DATE OF FINAL ACTION CONDITIONAL USE MTN DISCOUNT 702-287-0098 7/15/2005 CLOSED BY Denise Driscoll a%ME15/05 Time. 2:34 PM To: @ 91970-920-5439 ■ i■IIIII PIMMAA, cot ASSURANCE Date: 71151900.9 To: ASPEN PITKIN COUNTY Fax Number: 970-920-5439 From IT,.1M.0 1111 Pages: 3 Subject: Certificate Of Insurance ECertificate Of Insurance E#18270006�P Pinnacol Assurance Page: 001-003 0 P O Box 469011 Denver, Colorado, 80246-9011 Phone: 303-361-4000 Toll Free Phone: 1-800-873-7242 FAX Line: 303-361-5000 Toll Free FAX: 1-888-329-2215 Note: Please contact us if you do not receive any portion of this transmission Notice The information contained in this telecopy transmission is confidential or privileged and is intended to be for the use of the individual or entity named on this transmission sheet. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this telecopied information is prohibited. If you have received this telecopy in error, please notify us by telephone immediately so that we can arrange for the retrieval of the original transmission. a do _l Eile Edit Record Navigate Form Reports Format Tab Help Module Help J J t 4-) : J' V L7 �I N ❑ 'p Jump 1 -' � Clear Routing History I -Condeions I Sub Permits Valuation Public Comment Attachments Main Routing Status I Arch/Eng Farceis I Custom Fieids i Fees tree 5ummarp Actions I Permit Type U4 Permit tt 0033.2005.ASLU li Address 557 MILL ST Apt/SWe rSTE 101 City ,ASPEN State FCO -- Zip 81811 J Permit Information Master Permit r J Routing Queue aslu Applied 05/04/2005 Lil Project I Status fpencl,.g Approved F Description CONDITIONAL USE Issued Fj Final F- Submitted jMTN DISCOUNT 702.287MM Clods Running Days F0 Expires 04/29/2008 1-11 F- Visible on the web? Perrrit ID: F 34052 Owner - Last Name MOUNTAIN DISCOUNT J Fist Name j 557 MILL ST Phone (702) 287-0098 STE 101 (ASPEN CO 81611 lvo OwnerlsApplicant? v 0 0 jr,15 fA MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Joyce Allgaier, Deputy Director FROM: Sarah Oates, Zoning OfficerSO RE: Mtn. Discount Conditional Use-557 N. Mill Street, Suite 101 DATE: June 7, 2005 SUMMARY: Paul Hoeper, owner of the proposed Mtn. Discount, has applied for a conditional use approval for a retail sales establishment at 555 N. Mill Street, located in the Service/Commercial/Retail (SCI) Zone District. The proposed business will consist of the sale of discounted goods such as cooking and glassware, household appliances and accessories and personal care items. The applicant is proposing to use sixty (60) percent of the floor area for retail sales and forty (40) percent of the floor area for pallet and inventory storage. The sales and rental of consumer goods such as household appliances, electronic equipment, furniture, clothing or sporting goods with up to one hundred (100) percent of the floor area developed to showroom, retail, or customer reception area is a conditional use in the SCI Zone District as is exceeding twenty-five (25) percent of the floor area for retail sales. Note that the code has subsequently changed, with a code amendment dated May 9, 2005, which has eliminated the sales and rental of consumer goods as a conditional use. The applicant applied prior to the code change, and will therefore be permitted to apply for this conditional use. Approval of the conditional use would create a legal non -conformity that would prevent expansion of the business in the SCI Zone District in the future. The applicant is proposing 4-5 signed spaces in front of the building for the business, although the location is currently under parked and the signed parking would displace other tenants of the building. Staff does not support this application, as the purpose of the SCI zone district is to "allow for the use of land_ for the preservation or development of limited commercial and industrial uses which: may not be appropriate in other zone districts; do not require or generate high customer traffic volumes; are primarily oriented to the manufacturing, repair, storage, and servicing of consumer goods and have a limited office, showroom, retail, or customer reception area; and, to permit artist's studios. " 0 11 Staff does not feel this proposal complies with the purpose of the zone district. Further, the City cannot regulate the operating characteristics such as business plans and what constitutes suitable "discount" items. Staff agrees that local consumers should have access to reasonably priced goods but the SCI Zone District is not a suitable location of such a retail establishment. Staff recommends denial of the Conditional Use for Mtn. Discount, 557 N. Mill Street, Suite 101. APPLICANT: Paul Hoeper, owner. LOCATION: 557 N. Mill Street, Suite 101. ZONING: Service Commercial/Industrial. (SCI) CURRENT LAND USE: Vacant. PROPOSED LAND USE: Retail sales of discounted retail goods. PREVIOUS ACTION: The Planning and Zoning Commission has not previously considered this application. REVIEW PROCEDURE: Conditional Use. With a recommendation from the Planning Director, the Commission may approve, approve with conditions, or deny a conditional use application at a public hearing. BACKGROUND: The SCI Zone District provision underwent a re -write in 1999 to maintain the district for limited commercial and industrial uses. The SCI Zone District provisions are attached. STAFF COMMENTS: Review criteria and staff findings have been included as Exhibit "A." SCI Zone District (prior to the May 9, 2005 code amendment) provisions are attached as Exhibit "B." The application is attached as Exhibit "C." RECOMMENDATION: • • Staff recommends the Planning and Zoning Commission deny the Conditional Use for Mtn. Discount. If the Planning and Zoning Commission chooses to approve the application staff recommends the following conditions: 1. The applicant shall be permitted sixty (60) percent retail sales floor area and forty (40) percent storage floor area. Mtn. Discount shall be a legal, non -conforming use and shall be subject to Section 26.312 of the Aspen Municipal Code. 2. There shall be four (4) signed parking spaces specifically for the customers of Mtn. Discount. Employees of Mtn. Discount shall not park in the customer spaces. 3. The applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 4. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION (ALL MOTIONS IN THE AFFIRMATIVE): "I move to approve the Conditional Use for Mtn. Discount at 557 N. Mill, Suite 101 with conditions." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- SCI Zoning Ordinance Exhibit C -- Application 3 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING THE MTN. DISCOUNT CONDITIONAL USE FOR RETAIL SALES OF DISCOUNT ITEMS AT 557 N. MILL STREET PARCEL ID #2737-073-00013 Resolution No.11, Series of 2005 WHEREAS, the Community Development Department received an application from Paul Hoeper, owner, for conditional use approval for a conditional use approval for a retail sales establishment with 60% of the floor area dedicated to retail sale and 40% of the floor area dedicated to storage of inventory; and, WHEREAS, the subject parcel is located in the Service/Commercial/Industrial Zone District in which the sales and rental of consumer goods such as household appliances, electronic equipment, furniture, clothing or sporting good uses may be approved by the Planning and Zoning Commission pursuant to Section 26.425 of the Municipal Code; and, WHEREAS, the Community Development Department reviewed the proposal and recommended denial; and, WHEREAS, during a public hearing at a regular meeting on June 7, 2005, the Planning and Zoning Commission approved by a _ to _ L-j vote the Mtn. Discount Conditional Use for a retail establishment to be located at 557 N. Mill Street, Suite 101, with the conditions recommended by the Community Development Department. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Mtn. Discount Conditional Use for a retail and rental establishment be approved with the following conditions: 1. The applicant shall be permitted sixty (60) percent retail sales floor area and forty (40) percent storage floor area. Mtn. Discount shall be a legal, non -conforming use and shall be subject to Section 26.312 of the Aspen Municipal Code. 2. There shall be four (4) signed parking spaces specifically for the customers of Mtn. Discount. Employees of Mtn. Discount shall not park in the customer spaces. 3. The applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 4. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on June 7, 2005. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair EXHIBIT A STAFF COMMENTS MTN. DISCOUNT Section 26.425.040, Standards Applicable to all Conditional Uses (A) The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located. Staff Finding: The SCI zone district standards and uses were revised in 1999 in an effort to return the zone district to its intended purpose of being oriented toward the manufacturing, repair, storage and servicing of consumer goods. Further, under the purpose of the SCI zone district, it states that uses in that zone district should not "require or generate high customer traffic volumes. " The nature of retail businesses requires high customer traffic volumes to be successful. Staff does not feel the proposal for Mtn. Discount is consistent with the intent of the zone district or the standards of the AACP. (B) The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Staff Finding: Staff feels that although there are similar land uses in the area, these uses are legal non - conformities which were eliminated as permitted and/or conditional uses during the last revision of the SCI zone district. (C) The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Staff Finding: The location at 557 N. Mill Street is currently under parked for the existing businesses. Staff believes there will be increased pedestrian impacts, but the visual impacts, parking, trash, service delivery and odor will be no more significant than any other business. (D) There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. 0 • Staff Finding: There are adequate facilities to serve the proposed use. There are sufficient roads, public utilities, site improvements, emergency services, and fire protection systems for this use. (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Staff Finding: There will be no increase in employees generated by the conditional use compared to the previous use as a bakery. (F) The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. Staff Finding: Staff does not believe this proposed use is consistent with the AACP or the requirements of this title. The 2000 AACP Action Plan sought to increase SCI areas in the City of Aspen and allowing a use that does not fit the intended purpose of the zone district effectively decreases the availability of space for more appropriate uses. � r • • ATTACHMENT 2--LAND USE APPLICATION APPLICANT: Name: RCA V, I ewe r Location: ij � � Y)s pi1/)Co (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) REPRESENTATIVE: Name: Address: Phone #: PROJECT: Name: 1 i S G 0 CA ✓t o r I Address: PboVe, 5 5q V vi-P— Phone #: qp2 - Z 0-� -U 09 g 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: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) �-Oyyy- T1001Crev' PROPOSAL: (description of proposed buildings, uses, modifications, etc.) O 14, S LOU Vtf- Have you attached the following? FEES DUE: $ ❑ Pre -Application Conference Summary ❑ Attachment # 1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Proj ect: 7 ca r -k A4 Applicant: ), 4, ou V-I+ Location: 5 ; S C Zone District: Lot Size: 30Fj S� Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: Proposed.• Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On -Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed.• Rear Setback: Existing: Required: Proposed.• Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required:' Proposed: Distance Between Existing Required: Proposed: Buildings Existing non -conformities or encroachments: Variations requested: 7 Objective Mtn. Discount To bring a warehouse / discount outlet store to the Aspen area. This store will offer house wares. consumer goods- small hnimphnirl a„„rn. r-oc -,f+ goods and textiles at deeply discounted prices. The store will cater to the local residents and provide value to the community in the form of savings on consumer goods up valley, in Aspen. Proposed Location 557 Mill St. Ste. 101 Aspen, CO 81611 Proposed Use of Space Total Space: 2800 sq. ft. 60% Retail Floor Space 40% Pallet Storage Display and retail flooring will use approximately 60% of available space. This will include gondola shelving, racks and working inventory. Pallet storage and inventory will use approximately 40% of total space. Parking 4-5 parking spaces will be outlined and reserved for Mtn. Discount in the parking lot at 557 Mill St. Spaces will be posted with signs and monitored, assuring proper parking and traffic flow. �7- Conditional Use (S/C/1) The Zone District Summary provided by the Community Development Department contains a section on conditional uses. This section states several conditional uses that can not exceed more than 25% of use as retail floor space. This section also states that there are exceptions and that these exceptions can use more than 25% One of the exceptions in the conditional use section states: "Sale anti rental of consumer goods such as household appliances, electronic equipment, furniture, clothing, or sporting goods." The goods offered for sale at Mtn. Discount should fall within this category. In addition Mtn. Discount would provide local consumers with access to reasonably priced consumer goods up valley, where these goods might normally be available at reasonable prices only down valley. Proposed Inventory In the inlerest of providing consumers with savings on a broad range of goods, Nltn. Discount plans to carry the following in Inventory: Cooking Ware Glassware Men's / Women's Undergarments Household Appliances (microwaves, vacuum cleaners, blenders etc.) Bedding Towels Bathroom Accessories Diapers Infant Accessories Personal Care Items West ROARING FORK VENTURES BUILDING (Lower Level) 557 North Mill St., Aspen, Colorado 81611 Narih 0 • April 26, 2005 City of Aspen Community Development Department 130 South Galena Aspen, CO 81611 Attn: Joyce Allgaier Re: Conditional Use Application 55 NNorth Mill Street Parcel TM 273707300013 Dear Ms. Allgaier, The Roaring Fork Ventures' Building at 557 North Mill Street belongs to Roaring Fork Ventures, LLC, PO Box 2949, Aspen, CO 81612 for which, I am the Managing Member. Paul Hoeper has my permission and support to pursue a conditional use application for the 2800 square feet of leasable space on the lower level of the above referenced building. Please feel free to speak with myself at 618-8833 or my leasing agent Ruth Kruger at 920-4001. Sm rely, Ka een Kreibel SET : RV� W/F L.S. 1164 H 64* 0-3 'Gas mNe, T.0 0 RESAR Vd/PLAS- CAP V— - I L.S. 2376 Pt WX COW. 0" Z so SET. I kp 0. a Vu4 al OE INX, —U1UXNG STO ANTENNA I vl/P� I j, ExCITTE e4,ck pla" 06 0) i. -4 IG A� 0 . . . . . . . . . . . FsS, UTILMES, PARKIN EASEMEN-T AM sETp-K_ NAIL Liquor � ,.... a.. io vB . a Rubey Park HOTEL DURANT CenterWagner ASPENBus 11 JEWELERS Grocery/ t Park iendence Pass `Pnuae Praoe 400E Restrooms Cooper 200E 100E 100W U SHADOW MOUNTAIN 1000E 900E 800E Cooper 600E 500E 1 700E ASPF\ Phone COMFORT pb g ,., Mailbox SHOES NEW YORK PIZZA Aspen Ice Garden VISITOR'S Ilptaks FUNKY M(N'\THIN 3 CENTER & H ma 0 ITHKEAD� x Wheeler Opera House Hyman jl us w 20 scnl .A SRA SUE KATAOK, ®Batik/ ATM ASPFN'S 1 CHIC v) C .� Real Estate) DAUGHTER R READINGS C.B. PAWS ® N UQ HF.RBAI. FOREIGN ACCENTS $ LI q r F�ot V1 \PO'FHF:('ARY ® j Bridge Ho kins 7 Hopkins Bank/ , ^ ATM a Ci firehouse o im ,' u � C u H Neal Pnol,e Bank/ o n Theater Gas Station ATM y St. Mary's \SPEN STORE T Church STITCHWORK 0 L'AUBERGE D'ASPEN Main 1211INIMALSPIRITS 300E 1221 200E ^ 100E IIA Queen 700E 1 600E 500E .. .Bank/ LATHER o ATM armacv t e® 1 AMOCO GA. 191100 200W 300W ORTHOPAEDIC' ASSOCIATES 5 SOW 600W[700W EYF. CARE INSTITUTE. Kin SALON Courthouse i ASPEN Police Library - Hotel Jerome Li uor Pb Bleeker ^ OF'ASPEN OF ASPEN t n E Bleeker Jati © Community Z o r $ SMINNEWhee tallared Parkin G e ASPEN CHAMBER Church t Hallam g A 'r' useum RESORT ASSOC. Youth Center a s `o z 80 ASPEN WINE TAKE 2 Q cam" Aw z AND SPIRIT 21 VIDEO on Francis Rio Grande COMPANY 4 ® Liquor Baptist Grocery • z g Church A'— P. '" As en Art sl Po t Smuggle eum 0Nee �. EN VELD YCLE . I Trian liar North z in in Map Not To Scale Gibson �3 Asm Center tnenta{ z o°'$ 't Physic .Institu Not All Streets Shown Copyright 2004 o� �� hoc g w Q`e M G�VV�_Tusicent 7668 Enterprises (970) 92 Advertising Lone Pine �8 Ep971i Harris Concert © . Aspe Hall Institute HUNTER CREEK TRA17..IIEA)10 �n Aspel i PUBLIC NOTICE RE: 557 MILL STREET, SUITE 101 CONDITIONAL USE APPROVAL TO EXCEED MORE THAN 25% OF USE AS RETAIL FLOOR SPACE NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 7, 2005 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Paul Hoeper, affecting the property located at 557 Mill Street, Suite 101. The applicant's mailing address is826 Vine Street, Aspen, CO 81611. P&Z is asked to increase the retail floor space allowed in the Service/Commercial/Industrial (SCI) Zone District from 25% to 60%. For further information, contact Sarah Oates at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2758, saraho@ci.aspen.co.us. s/Jasmine Tygre Chair, Aspen Planning and Zoning Commission Published in the Aspen Times on May 22, 2005 City of Aspen Account CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and M+vN (hereinafter APPLICANT) AGREE AS FOLLOWS: has submitted to CITY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) 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 op 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 $ 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 at a rate of $220.00 per planner hour over the initial deposit. 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 By: By: -� h , leis c.1aAvit IPMAN 04D4ZPer Chris Bendon Community Development Director Date: /7/ Mailing Address: g:\support\forms\agrpayas.doc 1/10/01 PZ(, civil. S 1 RETAIN FOR. PFR.MANErr- RECORD ASPEN COMMUNITY DEVELOPMENT 2005 LAND USE APPLICATION FEES CATEGORY HOURS DEPOSIT FLAT FEE Major 12 2,640.00 Minor 6 1,320.00 Staff Approvals 3 660.00 Flat Fee 546.00 Board of Adjustment 250.00 Exempt HP 00.00 Certificate of No Negative Effect 220.00 Minor HPC 3 660.00 Significant HPC <1000 sq. ft. 6 1,320.00 Significant HPC >1000 sq. ft. 12 2,640.00 Demolition, Partial Demolition, Relocation 12 2,640.00 Substantial Amendment to Approved Certificate of Appropriateness 660.00 Appeals — Base Fee 660.00 Referral Fees - Environmental Health Major 365.00 Referral Fees - Housing Major 365.00 Minor 190.00 Referral Fees - City Engineer Major 365.00 Minor 190.00 Hourly Rate 220.00 • Objective Mtn. Discount To bring a warehouse / discount outlet store to the Aspen area. This store will offer house wares, consumer goods, small household annliancP--, cnfr goods and textiles at deeply discounted prices. The store will cater to the local residents and provide value to the community in the form of savings on consumer goods up valley, in Aspen. Proposed Location 557 Mill St. Ste. 101 Aspen, CO 81611 Proposed Use of Space Total Space: 2800 sq. ft. 60% Retail Floor Space 40% Pallet Storage Display and retail flooring will use approximately 60% of available space. This will include gondola shelving, racks and working inventory. Pallet storage and inventory will use approximately 40% of total space. Parking 4-5 parking spaces will be outlined and reserved for Mtn. Discount in the parking lot at 557 Mill St. Spaces will be posted with signs and monitored, assuring proper parking and traffic flow. • Conditional Use (S/C/1) The Zone District Summary provided by the Community Development Department contains a section on conditional uses. This section states several conditional uses that can not exceed more than 25% of use as retail floor space. This section also states that there are exceptions and that these exceptions can use more than 25% (lna of thin nvren+inne +k— rO—Aitivi�ai LiSe+ SCI:IIVII SLdL@S: r....... "Sale and rental of consumer goods such as household appliances, electronic equipment, furniture, clothing, or sporting goods." The goods offered for sale at Mtn. Discount should fall within this category. In addition Mtn. Discount would provide local consumers with access to reasonably priced consumer goods up valley, where these goods might normally be available at reasonable prices only down valley. Proposed Inventory In the interest of providing consumers with savings on a broad range of goods, Mtn. Discount plans to carry the following in Inventory: Cooking Ware Glassware Men's / Women's Undergarments Household Appliances (microwaves, vacuum cleaners, blenders etc.) Bedding Towels Bathroom Accessories Diapers Infant Accessories Personal Care Items West ROARING FORK VENTURES BUILDING (Lower Level) 557 Nor%h Mill St., Aspen, Colorado 81611 North =ast • • April 26, 2005 City of Aspen Community Development Department 130 South Galena Aspen, CO 81611 Attn: Joyce Allgaier Re: Conditional Use Application 557 North iVliil Street Parcel # 273707300013 Dear Ms. Allgaier, The Roaring Fork Ventures' Building at 557 North Mill Street belongs to Roaring Fork Ventures, LLC, PO Box 2949, Aspen, CO 81612 for which I am the Managing Member. Paul Hoeper has my permission and support to pursue a conditional use application for the 2800 square feet of leasable space on the lower level of the above referenced building. 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MILL STREET PARCEL ID #2737-073-00013 Resolution No.A, Series of 2005 WHEREAS, the Community Development Department received an application from Paul Hoeper, owner, for conditional use approval for a conditional use approval for a retail sales establishment with 60% of the floor area dedicated to retail sale and 40% of the floor area dedicated to storage of inventory; and, WHEREAS, the subject parcel is located in the Service/Commercial/Iridustrial Zone District in which the sales and rental of consumer goods such as household appliances, electronic equipment, furniture, clothing or sporting good uses may be approved by the Planning and Zoning Commission pursuant to Section 26.425 of the Municipal Code; and, WHEREAS, the Community Development Department reviewed the proposal and recommended denial; and, WHEREAS, during a public hearing at a regular meeting on tine 7, 2005, the Planning and Zoning Commission approved by a _ to _ L-� vote the Mtn. Discount Conditional Use for a retail establishment to be located at 557 N. Mill Street, Suite 101, with the conditions recommended by the Community Development Department. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Mtn. Discount Conditional Use for a retail and rental establishment be approved with the following conditions: 1. The applicant shall be permitted sixty (60) percent retail sales floor area and forty (40) percent storage floor area. Mtn. Discount shall be a legal, non -conforming use and shall be subject to Section 26.312 of the Aspen Municipal Code. ��V 2. There shall be four (4) signed parking spaces specifically for the customers of Mtn. \4e5 Discount. Employees of Mtn. Discount shall not park in the customer spaces. 3. The applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 4. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. ;� hc,ll be �-rV �! {w,, 6. 'AU Cff%%* 4' -sA r4l �►2(/fdCG Gt �, ta�.��si a �'1oW� li ' " " �v 4117Z Q�i� '¢ 4/•ice s� as .n-5► f'1ti., sew/� AV,r .c un�* ��rr/uj . / �hw�l f�-d w/;, Staff recommends the Planning and Zoning Commission deny the Conditional Use for Mtn. Discount. If the Planning and Zoning Commission chooses to approve the application staff recommends the following conditions: 1. The applicant shall be permitted sixty (60) percent retail sales floor area and forty (40) percent storage floor area. Mtn. Discount shall be a legal, non -conforming use and shall be subject to Section 26.312 of the Aspen Municipal Code. 2. There shall be four (4) signed parking spaces specifically for the customers of Mtn. Discount. Employees of Mtn. Discount shall not park in the customer spaces. 3. The applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 4. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION (ALL MOTIONS IN THE AFFIRMATIVE): "I move to approve the Conditional Use for Mtn. Discount at57 N. Mill, Suite 101 with conditions." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- SCI Zoning Ordinance Exhibit C -- Application 26.710.160 Service/Commercial Industrial (SCI). A. Purpose. The purpose of the Service/Commercial/Industrial (S/C/I) zone district is to preserve and enhance locally -serving, primarily non -retail small business areas to ensure a more balanced permanent community; to protect the few remaining such small business parks historically used primarily for light industrial uses, manufacturing, repair, storage and servicing of consumer goods, with limited retail, showroom, or customer reception areas. The SCI zone district contains uses that may not be appropriate in other zone districts or do not require or generate high customer traffic volumes, and permits customary accessory uses. B. Permitted Uses. The following uses are permitted as of right in the Service/Commercial/Industrial (S/C/I) zone district. Except as noted below, each of the permitted uses may have, in combination, no more than twenty-five (25) percent of the floor area devoted to retail sales, offices, showroom, or customer reception, and such uses shall be ancillary to the primary commercial use. This floor area percentage may be increased through Special Review by the Planning and Zoning Commission, pursuant to 26.430, and according to the standards of Section 26.710.160(E). ses which may use up to 100% of the floor area for retail sales, offices, showroom, or customer reception: 1. Manufacturing, repair, servicing, detailing, sales, and rental of consumer goods such as: a) Building materials, components, hardware, fixtures, and equipment. b) Household appliances such as ranges, refrigerators, dishwashers, etc. c) Automobiles and motorcycles, including parts. d) Fabric and sewing supply. SCI Uses which may use, in combination, up to 25 % of the floor area for accessory retail sales, offices, showroom, or customer reception: 1. Manufacturing, repair, alteration, tailoring, and servicing of consumer goods such as: Electronic equipment; floral arrangements; furniture; clothing; or sporting goods. 2. Building/landscape maintenance facility. 3. Typesetting and printing, including copy center. 4. Photo processing laboratory. 5. Locksmith. 6. Post Office branch. 7. Shipping and receiving services. 8. Automobile washing facility. 9. Catalogue sales store. 10. Laundromat. 11. Commercial dry cleaning. 12. Recycling center. 13. Artist studio. 14. Rehearsal or teaching studio for the creative, performing, or martial arts with no public performances. This shall permit a yoga/pilates studio but prohibit Medical Clinics and fitness clubs. 15. Veterinary clinic. 16. Animal boarding facility. 17. Animal grooming establishment. 18. Brewery and brewing supply. 19. Coffee roasting and supply. 20. Commercial Kitchen or Bakery. 21. Warehousing and storage. 22. Service yard accessory to a permitted use. 23. Sales and rental accessory and incidental to a permitted use. 24. Accessory buildings and uses. Non-SCI Uses permitted: 1. Design Studio such that the total net leasable square footage devoted to such use within the entire zone district does not exceed 9,000 square feet. 2. Home occupations. C. Conditional uses. The following uses are permitted as conditional uses in the Service/Commercial/ Industrial (S/C/I) zone district, subject to the standards and procedures established in Chapter 26.425. The Commission shall establish the appropriate amount of floor area devoted to retail sales, office, showroom, or customer reception for each conditional use during the review. 1. Consignment retail establishment. 2. - Commercial Parking Facility, pursuant to Section 26.515. 3. Gasoline service station. 4. Affordable Multi -Family Housing on Upper Floors. 5. Free -Market Multi -Family Housing on Upper Floors. 6. Artist's Studio with ancillary residence on Upper Floors. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Service/Commercial/ Industrial (S/C/I) zone district: Minimum lot size (square feet): 3,000 2. Minimum lot area per dwelling unit (square feet): No requirement. 3. Minimum lot width (feet,): No requirement. 4. Minimum front yard setback (feet,): No requirement. 5. Minimum side yard setback (feet,): No requirement. 6. Minimum rear yard setback (eet): No requirement. 7. Maximum height: 35 feet, which may be increased to 40 feet through one of the following options: a) An additional 5 feet of total height may be approved, pursuant to Special Review, Section 26.430 and according to the standards of Section 26.710.160(E), if a minimum of .75:1 Floor Area Ratio of SCI uses exists on the same parcel. (Also, see Floor Area Ratio below.) b) An additional 5 feet of total height may be approved, pursuant to Special Review, Section 26.430 and according to the standards of Section 26.710.160(E), to increase first floor ceiling height. 8. Minimum distance between buildings on the lot feet): No Requirement. 9. Pedestrian Amenity Space: Pursuant to Section 26.575.030. 10. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2:1. a) Commercial Uses 1.5:1. b) Affordable Multi -Family Housing: .5:1. c) Free -Market Multi -Family Housing: .5: 1, only if a minimum of .75:1 FAR of commercial uses exist on the same parcel. E. Special Review Standards. Whenever the dimensional standards of a proposed development within the SCI Zone District are subject to Special Review, the development application shall be processed as a Special Review, pursuant to Section 26.430, and shall be approved, approved with conditions, or denied based on conformance with the following criteria: To increase the allowable height the applicant shall demonstrate the need for additional height, the appropriateness of the additional height and massing considering the context in which the building will be developed, and shall demonstrate consistency with the purpose of the SCI Zone District. Five (5) feet of additional height may be approved as an incentive to either develop a minimum of .75:1 FAR of SCI business space or to increase the usable floor -to -ceiling height of the ground floor. The height increase shall not be used to accommodate additional ceiling height for residential uses. Only one five-foot height increase may be approved, even if both development options are taken. 2. To increase the allowable percentage of interior space assigned to retail, showroom, or customer reception area, the applicant shall demonstrate the need and appropriateness for such additional space and shall demonstrate consistency with the purpose of the SCI Zone District. The approved additional percentage for a specific use shall be limited to that use and not applicable to subsequent uses in the same space. • Dz:Do �� - S-+a I • • ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: `7 i f V _ 1 `� \ \ \ c� _ . Moen. CO SCHEDULED PUBLIC HEARING DATE: 200 STATE OF COLORADO ) ) SS. County of Pitkin ) I, ra to I HrepPa�7 (name, please print) being or representing an TApplicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. 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 the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) • Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. The foregoing "Affidavit of Notice" was ackqpwledged before this 7 day of 200 Eby klu v WITNESS MY HAND AND OFFICIAL SEAL My co f expires: O -e)gtl�� Notary Pub ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGA9 LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL Jam and Smudge Free Printing Use Avery® TEMPLATE 51600 ASPEN CONSOLIDATED SANITATION • BEYER ALAN R 565 N MILL ST 410 N MILL ST #1311 ASPEN, CO 81611 ASPEN, CO 81611 1- 00 •G ery.co Y W AVERYO.51600 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 CROWN LAURIE J GARWOOD JANET HOROWITZ JAMES M 414 N MILL ST PLETTS SARAH A AS JT TENANTS 110 E HALLAM SUITE 104 ASPEN, CO 81611 PO BOX 3889 ASPEN, CO 81611 ASPEN, CO 81612 LIPSEY WILLIAM S MARTIN MICHAEL S MILL STREET VENTURE LLC 414 N MILL ST 4150 IRVING PL PO BOX 1112 ASPEN, CO 81611 CULVER CITY, CA 90232-2812 CRESTED BUTTE, CO 81224 ORTEGA G RICHARD PEMBER SARAH P & WILLIS PITKIN COUNTY 414 N MILL ST PO BOX 8073 530 E MAIN ST STE 302 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 PUPPY SMITH LLC REIDSCROFT PARTNERSHIP TEAGUE HENRY B 205 S MILL ST SUITE 301A PO BOX 10443 412 N MILL ST ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 US POSTAL SERVICE WESTERN REGION SAN BRUNO. CA 94099 A83AV-0"08-L 009L5 i!aege6 al zos!!!in o0911,5 ®A213AV Q wori(aane M Mn ap!dej a6e9as a is 96eaanoq!iue uo!ssaidw! 0 0 • • PUBLIC NOTICE RE: 557 MILL STREET, SUITE 101 CONDITIONAL USE APPROVAL TO EXCEED MORE THAN 25% OF USE AS RETAIL FLOOR SPACE NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 7, 2005 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Paul Hoeper, affecting the property located at 557 Mill Street, Suite 101. The applicant's mailing address is 826 Vine Street, Aspen, CO 81611. P&Z is asked to increase the retail floor space allowed in the Service/Commercial/Industrial (SCI) Zone District from 25% to 60%. For further information, contact Sarah Oates at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2758, saraho@ci.aspen.co.us. s/Jasmine Tygre Chair, Aspen Planning and Zoning Commission Published in the Aspen Times on May 22, 2005 City of Aspen Account ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 5 A 1 ,l ✓kf Aspen, CO SCHEDULED PUBLIC HEARING DATE: 6217,105 200 STATE OF COLORADO ) ) SS. County of Pitkin ) (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches w'de and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of 1200 _, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) day4rior to the public hearing, notice was hand delivered or mailed by first class posIge prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300). feet of the property subject to the development application. 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 the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. >i?gnatur&e_�&_���� The foregoing "Af davit of Noti9'by w wledged b fore me _ day of , 200i PUWJC NOTICE RE: 557 MILL STR?ET, SURE lot CONDMON- AL USE APPROVAL TO EXCEED MORE THAN 25% OF USE AS RETAIL FLOOR SPACE NOTICE IS HEAz.dY GIVEN that a public hearing will be held )Tuesday. June 7, 2005 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to con- sider an application submitted by Paul Hoeper, affecting the property located at 557 Mill Street, Suite 101. The applicant's mailing address is 826 Vine Street, Aspen, CO 81611. P&Z is asked to in- crease the retail floor space allowed in the Serv- ice/ Commercial/ Industrial (SCI) Zone District from 25% to 60%. For further information, contact Sarah Oates at the City of Aspen Community Development De- partment, 130 S. Galena St., Aspen, CO, (970) 429- 2758, saraho®ci.aspen.co.us. s/Jasmine Tygre Chair, Aspen Planning and Zoning Commission Published in the Aspen Times Weekly on May 22, 2005.(2722) WITNESS MY HAND AND OFFICIAL SEAL i Notary MbTic SARAH -A `. OATES OP C Ol•O�' ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYAWL .- I • • ATTACHMENT 2 -LAND USE APPLICATION APPLICANT: Name: to I I_"fek2e r Location: sic, l 0( 5 5 q % Y)e- h�-s O PTV l C (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) REPRESENTATIVE: Name: Address: Phone #: PROJECT: Name: IVi -� ✓1 . S G nCA ✓l '� �Rr,or iV d - � r �— Z,, Address: ( Q l�boye, s 5�- 1l t v�� S -4- . Phone #: qo2 - -Uo90 TYPE OF APPLICATION: (please check all that apply): YL 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: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) o `P e v' i s, (A kA Le�r (4 10 1) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) 0 49 Have you attached the following? FEES DUE: S ❑ Pre -Application Conference Summary ❑ Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. s • ATTACHMENT DIMENSIONAL REQUIREMENTS FORM Project: lour- A4 Applicant: ::(�Q` s cou v�'�plo Location: 5 ; SA40n4C 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: Number of residential units Number of bedrooms: Existing: Proposed: Existing: Proposed: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On -Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required.• Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: Buildings Existing non -conformities or encroachments: Variations requested: Mtn. Discount Objective To bring a warehouse / discount outlet store to the Aspen area. This store will offer house wares, consumer goods, small household aDDliances_ soft goods and textiles at deeply discounted prices. The store will cater to the local residents and provide value to the community in the form of savings on consumer goods up valley, in Aspen. Proposed Location 557 Mill St. Ste. 101 Aspen, CO 81611 Proposed Use of Space Total Space: 2800 sq. ft. 60% Retail Floor Space 40% Pallet Storage Display and retail flooring will use approximately 60% of available space. This will include gondola shelving, racks and working inventory. Pallet storage and inventory will use approximately 40% of total space. Parking 4-5 parking spaces will be outlined and reserved for Mtn. Discount in the parking lot at 557 Mill St. Spaces will be posted with signs and monitored, assuring proper parking and traffic flow. Conditional Use (S/C/1) The Zone District Summary provided by the Community Development Department contains a section on conditional uses. This section states several conditional uses that can not exceed more than 25% of use as retail floor space. This section also states that there are exceptions and that these exceptions can use more than 25% Ono of +hn nv�o.,+inns :.^. +hn .......d:�•..»..1 a. .._a_ 1....... �..�. vva.�Iuvl�pl UJG JGL,LILJ11 ,LdL��. "Sale and rental of consumer goods such as household appliances, electronic equipment, furniture, clothing, or sporting goods." The goods offered for sale at Mtn. Discount should fall within this category. In addition Mtn. Discount would provide local consumers with access to reasonably priced consumer goods up valley, where these goods might normally be available at reasonable prices only down valley. Proposed Inventory In the interest of providing consumers with savings on a broad range of goods, Mtn. Discount plans to carry the following in Inventory: Cooking Ware Glassware Men's / Women's Undergarments Household Appliances (microwaves, vacuum cleaners, blenders etc.) Bedding Towels Bathroom Accessories Diapers Infant Accessories Personal Care Items West ROARING FORK VENTURES BUILDING (Lower Level) 557 North Mill St., Aspen, Colorado 81611 North =ast 0 is April 26, 2005 City of Aspen Community Development Department 130 South Galena Aspen, CO 81611 Attn: Joyce Allgaier Re: Conditional Use .application 557 North Ylill Street Parcel # 273 707300013 Dear Ms. Allgaier, The Roaring Fork Ventures' Building at 557 North Mill Street belongs to Roaring Fork Ventures, LLC, PO Box 2949, Aspen, CO 81612 for which, I am the Managing Member. Paul Hoeper has my permission and support to pursue a conditional use application for the 2800 square feet of leasable space on the lower level of the above referenced building. Please feel free to speak with myself at 618-8833 or my leasing agent Ruth Kruger at 920-4001. Sinc rely, Ka een Kreibel J FiEBAR Ls.2316 Met- JL SA SET P.K. HAIL' ,4 4- tg'E ur M-0 'Goa rrMer SIET: fffidm IPLAS- CAP L.S. U64 SET: 1-.& NAIL YIZ" rtLM -v FOR ADCM I.... , . . . . . . . . . . . . . BUILDJNG J,!-.!.'! /f�%f//�fir�%%'ice /J�//. .. 'f.f; __, `. �� J/�/�ii�/ �J�/f1� '1i . /j //;� i1 r a FXC EFTED PARCEL I? 7t .3 god A 14.44 Cl) -9 v VARKMG ME.SS, UTILITIES -Ok' 4�/ Liquor ailb x Durant 16 g RubF Park Bus HOTEL DURANT ��T 0,11 L Grocery/ CenterWagnerR :XSPFN9Q 11 WELERS Park y .I1, rA endenee Pass (Phone Phone' 400E Cooper $ U 500E I 200E 100E 100W 1000E 900E 800E Cooper 600E 700E AS SHADOW MOUNTAIN s Phone Mailbox Co SHnES Aspen Ice NEW YORK c Garden H man PIZZA tT NR� up". .+or.T%IN 3 C THRF \In VISITOR'S CENTER & Wheeler eeler Opera Hyman "I C30 sp Nlus Scho 24 °+r' Bank/ 20 p - ATM ASPEN'S 1 r' C3 a C pp lARASUEKATAOK [Real Fstatel PSYCHIC' DAUGHTER READINGS C.B. PAWS N y U ,. � 'L 3 � C Q EARTH HERBAL FOREIGN ACCENTS $ PO'rHECARV Li q r f Fmt Bridge N V1 Hopkins 7 B Ho kips • 1 TM Cttv u'ehouse � i - u Neal tPnooe Bank/ a y hl:'AIWERGE Theater Gas Station 0 ATM o Main , t Church 's ASPEN STORE STITCHWORK $ C7 D'ASPEN13L(ILALSPIR1Ts 300E 22 200E 100E Queen 700E 1 600E LATHER 500E k -Bank/ 2 ATM � armac y eIMPhone 1 AMOCO GA 9 100W 20OW 30OW ORTHOI'AIsDIC ASSOCIATES 5 50OW 600WU70W Kin Courthouse 1 Hp�l Jerome Li Bleeker ., OF ASPEN EYE CARE, INSTITUTESALON ASPEN Police Library. Jail uor OFASPF.N E, glee ker Community z .fl .� r eeler Parkin Ga a ASPEN CHAMBER RESORT ASSOC. Church Hallam t 8 N e� '" Museum Youth Center © r z z`o ASPEN IN TAKE 2 cW �di n an. Rio Grande PI. AND SPIRIT 21 VIDEO M Francis Ss re COMPANY 4 �,, Liquor z Baptist G�ootrr o Church In /he Park eAs en Art $1 RAIL Smuggle eum Office �• EN VELO Y L . Trian I liar, North z a Gibson Map Not To Scale Aspen ('enter for m lronmental t°dim z °o'$ t Ph sics .Institute Not All Streets Shown �GO� Copyright 2004 Advertising Enterprises �.� RIO r R,tNo g w° i `Y�esQ=Music i G Tent �t Lone Pine FB (970)927-7668PgT HUNTER CREEK TRAILHE 8 Harris Concert Hall Aspen .Institute ■ _ Aspen I ATTACHMENT 2--LAND USE APPLICATION APPLICANT: Parcel ID # (REQUIRED) REPRESENTATIVE: Name: Address: Phone #: PROJECT: Name: i�i -I- ✓1 . I S Gn(A ✓1 Address: lkboye— 5 5q V '% Phone #: 402 — Z 0-1- - 0 0C-) 8 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: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) o rev' 1 S10 1) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) O VA 14, S Have you attached the following? FEES DUE: S ❑ Pre -Application Conference Summary ❑ Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. RETAIN FOR PERMANENT RECO�; 0 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Proj ect: Applicant: Location: Zone District: �� Lot Size: 23C) j $9 Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: , Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed.• Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed.• On -Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed.• Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed.• Combined Sides: Existing: Required: Proposed: Distance Between Existing Required. Proposed: Buildings Existing non -conformities or encroachments: Variations requested: a e p �a -�-►�►.�a,' enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and -� E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and The Community Development Director may recommend, and the Planning and Zoning Commission may impose such conditions on a conditional use that are necessary to maintain the integrity of the city's zone districts and to ensure the conditional use complies with the purposes of the Aspen Area Community Plan, this Chapter, and this Title; is compatible with surrounding land uses; and is served by adequate public facilities. This includes, but is not limited to imposing conditions on size, bulk, location, open space, landscaping, buffering, lighting, signage, off-street parking and other similar design features, the construction of public facilities to serve the conditional use, and limitations on the operating characteristics, hours of operation, and duration of the conditional use. 26.425.050 Procedure for review. A. General. An application for review of a conditional use shall be processed in accordance with the Common Development Review Procedures set forth at Chapter 26.304. B. Steps required: One - A public hearing before the Planning and Zoning Commission. Following the public hearing, the Planning and Zoning Commission shall by resolution (with appropriate findings of fact) approve, approve with conditions, or deny the application. C. Notice requirements: Publication, mailing and posting (See Section 26.304.060(E)(3)(a)(b) &(c)). (Ord. No. 27-2002 § 9, 2002) 26.425.060 Application. The development application for a conditional use shall include the following. A. The general application information required in Section 26.304.030; • • ,�., �' � � � �� - � � .1 1 i �j �/ • Sections: 26.425.01 OPurpose. 26.425.020Authority. Chapter 26.425 CONDITIONAL USES 26.425.030Authorized conditional uses. 26.425.040Standards applicable to all conditional uses. 26.425.050Procedure for review. 26.425.060Application. 26.425.080Amendment of development order. •Av, ,. Paud . kit[ L 0, Oh` e-s savako ec;_(ksr*4n _ C'o_ aS 26-425.010 Purpose. Conditional uses are those land uses which are generally compatible with the o other permitted uses in a zone district, but which require individual review of their Y location, design, configuration, intensity, and density in order to ensure the appropriateness of the land use in the zone district. x 26.425.020 Authority. The Planning and Zoning Commission, in accordance with the procedures, standards and limitations of this chapter, shall by resolution approve, approve with conditions, or disapprove a development application for a conditional use, after recommendation by the Community Development Director. 26.425.030 Authorized conditional uses. Only those uses which are authorized as a conditional use for each zone district in Chapter 26.710, may be approved as a conditional use. The designation of a land use as a conditional use in a zone district does not constitute an authorization of such land use or act as an assurance that such land use will be approved as a conditional use; rather, each proposed conditional use shall be evaluated by the Planning and Zoning Commission for compliance with the standards and conditions set forth in this chapter. 26.425.040 Standards applicable to all conditional uses. When considering a development application for a conditional use, the Planning and Zoning Commission shall consider whether all of the following standards are met, as applicable. —� A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, with the intent of the zone district in which it is proposed to be located, and complies with all other applicable requirements of this title; and B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or