Loading...
HomeMy WebLinkAboutLand Use Case.CU.720 E Hyman Ave.A15-95CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: DATE COMPLETE: PARCEL ID AND CASE NO. 2737- 182- 11 -f010 -0171 A15 -95 STAFF MEMBER: KJ PROJECT NAME: Project Address: 720 E Hyman Avenue 3d Floor Aspen, Colorado Legal Address: FILE STATUS AND LOCATION: APPLICANT: Jean Robert Barbette 920 -9049 Applicant Address: 720 E Hyman Avenue Aspen, Colo 81611 REPRESENTATIVE: Scott Harper Representative Address /Phone: 201 North Mill Suite 106 925 -5625 Aspen CO 81611 -------------------------------------------------- FEES: PLANNING $ 2040 # APPS RECEIVED 4 ENGINEER $ # PLATS RECEIVED 4 HOUSING $ ENV. HEALTH $ TOTAL $ 2040 TYPE OF APPLICATION: STAFF APPROVAL:— 1 STEP: X 2 STEP: P &Z Meeting Date 3 Z) +PUBLIC HEARING: ® NO 1 I ? VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO �_ VESTED RIGHTS: YES NO DRC Meeting Date REFERRALS: C City Attorney Parks Dept. School District 1' City Engineer Bldg Inspector Rocky Mtn NatGas Housing Dir. Fire Marshal CDOT 4 � Aspen Water Holy Cross Clean Air Board 3 (0 City Electric Mtn. Bell Open Space Board Envir.Hlth. ACSD Other Zoning Energy Center Other DATE REFERRED: a a INITIALS: W FINAL ROUTING: DATE ROUTED: �� , DUE: INITIAL City Atty _ City Engineer _Zoning _Env. Health Housing Open Space Other: FILE STATUS AND LOCATION: A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE FOR A HEALTH AND FITNESS FACILITY IN THE OFFICE ZONE DISTRICT, LOCATED IN THE ASPEN ATHLETIC CLUB BUILDING CONDOMINIUM AT 720 EAST HYMAN AVENUE, SUITE 303, CITY OF ASPEN, COLORADO. Resolution No. 95 - 9_ WHEREAS, pursuant to Ordinance 19, Series of 1995, amending Chapter 24 -5 -213 Office zone district, health and fitness facilities may be allowed in the Office zone district if approved by the Planning and Zoning Commission as a conditional use in conformance with the requirements of Section 24 -7 -304; and WHEREAS, the subject building's leasing agent and Jean Robert Barbette were not aware that in January 1994, the Office zone district did not allow the use intended, and Mr. Barbette proceeded to open his business; and WHEREAS, in early February, 1995, the Zoning Official determined that the Barbette facility was not in conformance with the Office zone district requirements, and Planning staff advised Mr. Barbette of options available to him; and WHEREAS, on February 15, 1995, the Planning Office received an application from Mr. Barbette for an amendment to the land use regulations and Conditional Use review for a health and fitness facility at 720 East Hyman Avenue; and WHEREAS, the Housing Office and the Planning office reviewed the proposal for zone district amendment and conditional and recommended approval with conditions; and WHEREAS, during a public hearing at a regular meeting on March 21, 1995, the Planning and Zoning Commission voted 4 -1 to recommend to City Council approval of the proposed text amendment as revised by staff, and voted 5 -0 to approve the Conditional Use review for the health and fitness facility, pending Council approval of the proposed text amendment, with conditions recommended by the Planning Office; and WHEREAS, after the March 21 public hearing and approval of the conditional use, and during City Council consideration of the text amendment on May 15, 1995, two neighbors of the Aspen Athletic Club Building Condominium voiced concern about lights shining at night from the Barbette-health and fitness facility, and appealed to Council to require some protection for their privacy; and WHEREAS, City Council passed within their motion to adopt the text amendment, that a condition shall be added to the Planning and Zoning Commission resolution requiring night time shading of all windows of the Barbette facility. 1 NOW, THEREFORE BE IT RESOLVED by the Commission: That the Barbette Conditional Use for a health and fitness facility is approved with the following conditions, finding that it meets the Conditional Use criteria in the Office Zone: 1) No more than seven full time equivalent employees shall be associated with this facility. 2) 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. 3) This approval is valid only upon final City Council adoption of a code amendment allowing such facilities as conditional uses in the office zone district. 4) The applicant shall effectively shade all windows nightly so that light will not emanate from the health and fitness facility. APPROVED by the Commission at its regular meeting on March 21, 1995. Attest: Planning and Z ing Co�i'ssion: �Srlancn, -T-n easthu o /�, Sharon Carrillo, Deputy City Clerk Bruce Kerr, Chair 2 I Separate motion for the Office zone text amendment: "I move direct staff to add a condition of approval to the Barbette conditional use for a health and fitness faci,l,��pity which reads: The applicant shall effectively shade th windows nightly so that light will not emanate from the health and fitness facility." rJ� 1 I THRU: Stan Claus n 1ty Community Development Director FROM: Kim Johnson, Planner TO: Mayor and City Council THRU: Amy Margerum, City Manager DATE: May 15, 1995 RE: Text Amendment to the O Office Zone District to Allow Health and Fitness Facilities as Conditional Uses - Second Reading of Ordinance 19, Series 1995 SUMMARY: The Planning and Zoning Commission voted 4 -1 recommending approval of this code amendment which allows health and fitness facilities as conditional uses in the Office zones. In conjunction with this code amendment, the applicant submitted a request to the Planning Commission for conditional use review for a personal training facility in the Aspen Athletic Club Building. The Commission unanimously approved the conditional use which would become effective only upon Council's approval of the text amendment. First reading was approved by consent on April 10, 1995. BACKGROUND: The applicant is Jean - Robert Barbette, represented by Scott Harper. The proposed text amendment affects both the downtown area Office zone district and the Main Street Office zone district (map attached as Exhibit "A "). Mr. Barbette decided to apply for a code amendment and conditional use approval because fourteen months ago he rented a lease space in the subject building without knowing that the Office zone district currently does not permit health and fitness facilities. The leasing agent was unaware of the limit also, assuming it was an allowed use because of the existence of the Aspen Athletic Club R� in the basement. The Athletic Club evidently received a conditional use in 1975. Subsequently, the code was changed to eliminate this conditional use option. Please refer to the history of the Athletic Club in Exhibit "B ". In order for Mr. Barbette's personal training business to remain in this location, the code must be changed to allow this use either as a conditional or permitted use. Other locations which currently y urdk, AJ kA,4CT � 04- U I n. \1 i_..._L t allow this type of use are the CC Commercial Core and SCI Service /Commercial /Industrial zones, and within an historic building in the O Office zone. Please refer to additional application information, Exhibit "C ". The list of current permitted and conditional uses for the 0 Office zone are attached as Exhibit "D ". CURRENT ISSUES: The language proposed by the applicant to add a new conditional use for the O zone reads: 5- 213.C.9. Health and Fitness Facility, provided, however, that (a) no more than two (2) such conditional uses shall be allowed in each structure, and (b) the conditional use shall not be allowed on the first or second floor of any structure. Staff originally had concerns about lack of office space, however, staff and the Planning Commission now believe that the limitations created in the above language are not necessary. Based on the presentation by Karen Setterfield and Don Fleisher, staff and the Planning Commission no longer feel that the proposed text amendment would create a great loss in existing office space. As conditional uses are granted only on a site specific basis, the Commission will be called upon to judge specific impacts for each application. Therefore, the language being forwarded from staff and the Commission reads: 24 -5 -213. C. Conditional Uses 9. Health and Fitness Facilities The review standards for text amendments and staff responses are contained in Exhibit "E ". FINANCIAL IMPLICATIONS: No impacts are anticipated because of this text amendment. RECOMMENDATION: On March 21, 1995 the Planning and Zoning Commission voted 4 -1 to recommend approval of this text amendment without stipulations as to the number of such facilities per building or locational requirements within the zone district. The recommended amendment reads: 24 -5 -213. C. Conditional Uses 9. Health and Fitness Facilities ALTERNATIVES: The Council could elect to deny the requested text amendment or change it to restrict the numbers or locations of such facilities within the Office zone district. PROPOSED MOTION: "I move to approve second reading of Ordinance 19, Series 1995 for an amendment to Section 5- 213.C. of the Aspen 2 • / T ", `/ r:�,O Municipal Code to allow health and fitness facilities as conditional uses in the Office zone district. CITY MANAGER COMMENTS: Ordinance 19, Series 1995 Exhibits: " A " Map of O Office Zone Locations "B" History of the Aspen Athletic Club Building "C" Application Information "D" Permitted and Conditional Uses for the O Office Zone " E " Text Amendment Review Criteria and Responses 3 ORDINANCE N0.19 (SERIES OF 1995) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, AMENDING CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, BY AMENDING SECTION 24- 5 -213 (C) CONDITIONAL USES IN THE (0) OFFICE ZONE DISTRICT. WHEREAS, Section 24 -7 -1103 of the Municipal Code provides that amendments to Chapter 24 of the Code, to wit, "Land Use Regulations ", shall be reviewed and recommended for approval by the Planning Director and then by the Planning and Zoning Commission at public hearing, and then approved, approved with conditions, or disapproved by the City Council at public hearing; and WHEREAS, the Planning Director did receive from Jean Robert Barbette, the ( "Applicant ") , and has reviewed and recommended for approval certain text amendments to Chapter 24 to allow health and fitness facilities as conditional uses in the Office zone district; and WHEREAS, the Planning and Zoning Commission reviewed the proposal and did conduct a public hearing thereon on March 21, 1995; and WHEREAS, upon review and consideration of the text amendments, agency and public comment thereon, and those applicable standards as contained in Chapter 24 of the Municipal Code, to wit, Division 11 of Article 7 (Text Amendments) , the Planning and Zoning Commission has recommended, by a 4 -1 vote, approval of the text amendment recommended by the Planning Director pursuant to procedure as authorized by Section 24 -6 -205 (A) 8 of the Municipal Code; and WHEREAS, the Aspen City Council has reviewed and considered i the text amendments under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, and has taken and considered public comment at public hearing; and WHEREAS, the City Council finds that the text amendment meets or exceeds all applicable development standards and is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City Council finds that this ordinance furthers and is necessary for public health, safety, and welfare; and WHEREAS, the City Council finds that the proposed text amendment will allow and promote compatibility of zone districts and land uses with existing land uses and neighborhood characteristics and will be consistent with the public welfare and the purposes and intent of Chapter 24 of the Municipal Code. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO: Section 1: Pursuant to Section 24 -7 -1102 of the Municipal Code, the City Council finds as follows in regard to the text amendment: 1. The proposed text amendment as set forth in the Plan is not in conflict with the provisions of Chapter 24 of the Municipal Code or the Aspen Area Community Plan. 2. The proposed text amendment will promote the public interest and character of the City of Aspen. Section 2: Section 5 -213. C. of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is hereby amended, which new text shall read as follows: C. Conditional Uses. The following uses are permitted as in the Office (0) zone district, subject to the standards and procedures established in Article 7, Division 3. 1. only for those structures that have received historic F? i landmark designation: antique store, art studio, bakery, bed and breakfast, boarding house, bookstore, broadcasting station, church, dance studio, florist, fraternal lodge, furniture store, mortuary, music store (for the sale of musical instruments) , music studio, restaurant, shop craft industry, visual arts gallery, provided, however, that (a) no more than two (2) such conditional uses shall be allowed in each structure, and (b) off - street parking is provided, with alley access for those conditional uses along Main Street. 2. Duplex residential dwellings, of which one unit shall be restricted as affordable housing to the middle income price and occupancy guidelines. The affordable housing unit shall comprise a minimum of one -third (1/3) of the total floor area of the duplex. In the alternative, both may be free market units if an accessory dwelling unit shall be provided for each unit; 3. Two (2) detached residential dwellings or a duplex on a lot containing a historic landmark with a minimum area of 6,000 square feet, of which one unit shall be restricted as affordable housing to the middle income price and occupancy guidelines. The affordable housing unit shall comprise a minimum of one -third (1/3) of the total floor area of the two dwellings. In the alternative, both may be free market units if an accessory dwelling unit shall be provided for each unit; 4. Day care center; 5. Commercial parking lot or parking structure that is independent of required off - street parking, provided that it is not located abutting Main Street; 6. Satellite dish antennae; 7. Reserved; 8. Accessory dwelling units meeting the provisions of Section 5 -510; and 9. Health and fitness facility. Section 3: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and 3 concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on the Ordinance shall be held on the day of 1995 at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of 1995. John Bennett, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of 1995. John Bennett, Mayor Attest: Kathryn S. Koch, City Clerk 4 1 � I r: �Ifl. E I � a R- 1 � I ._� I (��. I . i � c7 '� �! f r �l 1 :7 f i I� r •! I I�I� r TLS , � I II!cw (Ir alt' I{ I I cn S C� Iji,l_�u lral r LL { I L I I (. d7 � I = II �(` t \w I l r -: i I �' 1� f'• � u Ca1 le') ; I , I lk. r 'r a II I � 11ll T N � _ .1 I fix/ PLANNI a ONING COMISSION LAW OFFICES OF EXHIBIT ' APPROVED F Scott Harper 19 PROFESSIONAL CORPORATION 701 NORTH MLL STREET SUfCE 106 ASPEN. COLORADO 81611 March 8, 1995 VIA HAND DELIVERY Ms. Kim Johnson Aspen /Pitkin Planning Department 130 South Galena Street Aspen, Colorado 81611 HY SOLUTION (303) 975.5625 TELECOPIER (303) 925 -5663 B Nys Re: Barbette - Text Amendment /Conditional Use Dear Kim: Following is the information which you requested at Item No. 10 of the Pre - Application Conference Summary with regard to the history /zoning of the Aspen Athletic Club Building and the information which you requested that I obtain from several of the area's commercial /office leasing agents with regard to the availability of office space in the City of Aspen. I. Aspen Athletic Club Building Through my conversation with City Clerk Kathryn Koch and my review of files in the City Clerk's office I was able to discover that the Aspen Athletic Club Building, formerly known as the CDES Building, was built pursuant to approvals required under Ordinance No. 19, Series of 1973. The Ordinance was entitled: "An ordinance establishing mandatory building permit review procedures pending adoption of a new zoning ordinance and new zoning district map; designating uses accepted from review; establishing review criteria; providing for designation of additional excluded uses and review criteria; and setting a termination date of 1 year from the effective date." Approval for the construction of the Aspen Athletic Club Building was subject to Ordinance No. 19. The original zoning maps from 1973 were unfortunately, according to Kathryn, destroyed or lost sometime during the past several years and I was unable to ascertain the zone district at that time. However, it was most likely in the "CA" (Central Area) zone district or the Recreation /Accommodation or Recreation /Accommodation Transition zone district and the criteria for review for approvals were essentially the same for each. In each, approval for construction was subject to review of (a) access (b) fire protection (c) water pressure (d) building bulk /height (f) off street parking. V Ms. Kim Johnson Aspen /Pitkin Planning Department March 8, 1995 Page 2 With regard to the Central Area Zone District, Section A.4. of Ordinance No. 19 stated in part that "it is the purpose of the review procedure to encourage the following... (c) the placement of professional office buildings in the fringe of the CA District; (d) the mixing of land uses resulting in the integration of compatible uses that result in constant activity in the central area." My review of the CDES Building files reveals that the actual approval for the Aspen Athletic Club, currently located in the basement of the building, was granted in 1975 as a conditional use in the then C -1 Zone District. I have attached for your review several documents from the City's CDEC file as follows: 1. Memorandum dated 2/14/74 from the City of Aspen Fire Marshall regarding 1020 East Hyman stating that the area has adequate access and water supply for fire protection. 2. Letter dated June 12, 1974 addressed to Planning and Zoning Commission from Robin Molney, owners representative for the CDES Building, with regard to exemption from subdivision approval for the condominiumization of the building. 3. Memorandum to Planning and Zoning Commission from Planning Staff dated July 2, 1974 regarding conditions of preliminary approval for the CDES Building, which conditions did not require on -site parking based on Board of Adjustments variance. 4. Memorandum dated August 28, 1975 to Aspen Planning and Zoning Commission from the owners of the CDES Building with regard to approval for the expanded athletic facility in the basement of the building as a conditional use. 5. Memorandum to the Aspen Planning and Zoning Commission from planning staff dated September 11, 1975 recommending approval for the requested expansion of the athletic club facility in the basement of the CDES Building. 6. Memorandum to City Council dated October 27, 1975. II. Availability of Office Space in the Office Zone and Surrounding Areas As you will recall, Mr. Michael Horn the head of commercial leasing for Coates, Reid & Waldron, rental agents for the Aspen Athletic Club Building, stated during our pre - application \0 1 Ms. Kim Johnson Aspen /Pitkin Planning Department March 8, 1995 Page 3 conference that the third floor of the Aspen Athletic Club Building had remained unleased for a significant period of time prior to being leased to John Robert Barbette for a health and fitness facility. In addition you will recall that Mr. Horn also stated that if Mr. Barbette were to vacate the premises there would be a significant possibility that most of the third floor of the Aspen Athletic Club Building would remain unleased for a number of months, primarily due to the fact that, in Mr. Horn's opinion, there is no shortage of office space in the downtown and surrounding areas of the City of Aspen. I also have had the opportunity to interview Karen Setterfield of Setterfield Ryan Realtors, Inc. and Don Fleisher of The Fleisher Company, two large commercial leasing agents of office space in Aspen. Ms. Setterfield stated to me that there is "plenty of office space available." She stated that, for example, there are many vacant office spaces in the new office building next door to Asia, which is also located in the Office Zone. She further stated that "there is lots of office space in the CC and C -1 zones ". She concluded by stating that "there is never an overwhelming demand for office space" in the Office Zone and surrounding areas of the City and that the contemplated conditional use of the third floor of the Aspen Athletic Club Building, particularly in light of the proposed limitation on such conditional uses on the first and second floors of buildings in the Office Zone, would create no negative impact on the availability of office space in the Office Zone and surrounding areas of the City. My interview with Don Fleisher rendered similar results. Mr. Fleisher stated that "there is always something available" for office use in the City of Aspen. He also stated that "the contemplated conditional use for a health and fitness facility is way more appropriate as a use than residential in the Office Zone." He stated that, in his opinion as a qualified commercial leasing agent with years of experience in the City of Aspen, the code amendment and conditional use which we are seeking would have "no negative impact on the availability of office space in the Office Zone and surrounding areas of the City." He also concurred with Karen Setterfield's statement that there is "never an overwhelming demand for office space in the City of Aspen." I believe that this should address all existing concerns with regard to the code amendment which we are seeking and the approval for conditional use for a health and fitness facility on the third Ms. Kim Johnson Aspen /Pitkin Planning Department March 8, 1995 Page 4 floor of the Aspen Athletic Club Building. If you need additional information with regard to any of the above please do not hesitate to contact me at your earliest convenience. Very Truly Yours, SC OTT • • C ORPORATIO N By sz _,�! ►ice.. Enclosure cc: Barbette barbette \005 N'�- J EAN- RO B E RT'S GY, ' s Yr . 1 February, 1995 ' Dear Tim, ' t _ In an effort to help you with your research, I thought it might be useful to have a sampling of the Jean- 2,obert's Cjym Press Paclpt. Included are various articles andadvertisemenis fom the past few years. 3 I really appreciate your consideration in reviewing my case, and hope i . that my request for `ruse co amendmeri? seems- reasonable and appropriate _ � - { tt: � .{qj..v. �• .J' 490_.3 v I've be in the vaffeyFfor about Sµyears, and have works very hard to bu fd a business for Myse Beutiue my (ease states that l will be using the space for a lfeafth andfitness Win,racifitty,:tscem3to 6e incredibly badluckthatlshoufdfrndmyselrithispredicartient (Especially since I've been at t his location for 1 months afready!) µ In an case, I'tri ate f r our time and eff ort, and loo onward to y E� fu o f y kf resolvin this matter n= ?'hanfLyou, EAST HYMAN A' r -- 303.9: M� LIV , P � u NUE, SUITE 303 - ASPEN, .9049 - 303.925.9049 I, i "(ExT.�M�NI�MENT Jean Robert Barbette Text Amendment /Conditional Use RESPONSE TO ATTACHMENT 2 OF LAND USE APPLICATION AND DEVELOPMENT APPLICATION 1. Letter of authorization attached hereto as Exhibit "B" 2. The street address of the property is: 720 East Hyman Avenue, Aspen, Colorado (the "Property ") . The full legal description is attached hereto as Exhibit "A ". 3. A current Owners Certificate from Pitkin County Title Company is attached hereto as Exhibit "C ". Applicant is Lessee of a portion of the third floor of the Property pursuant to a ten year lease entered into between owner and applicant on March 18, 1994, and applicant is proceeding with the Land Use Application and Development Application with the full knowledge and consent of the owner of the Property. 4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen is attached hereto as Exhibit "D ". 5. This application is for (1) a Text Amendment to City of Aspen Land Use Regulations, Section 5 -213 C., Conditional Uses, adding number 9 Health and Fitness Facilities, limiting to no more than two such conditional uses in each structure in the Office Zone District and excluding such conditional use from first and second floors; and, (2) A Conditional Use Permit for a Health and Fitness Facility on the third floor of the Aspen Athletic Club Building. No other development is planned or anticipated at this time. RESPONSE TO ATTACHMENT 3 OF LAND USE APPLICATION A. The application requests an amendment to the text of the Land Use Regulations Section 5 -213 Office (0), subsection C., Conditional Uses. The precise wording of the proposed amendment shall read as follows: 5 -213. C. 9. Health and Fitness Facility, provided, however, that (a) no more than two (2) such conditional uses shall be allowed in each structure, and (b) the conditional use shall not be allowed on the first or second floor of any structure. �1 B. The application does not request any amendment to the Official Zone District Map. RESPONSE TO ATTACHMENT 4 OF LAND USE APPLICATION A. The proposed text amendment is not in conflict with any applicable portions of the relevant chapter of the Land Use Regulations. B. The stated intent of the Commercial /Retail Action Plan is "To provide incentives for managed strategic growth by locally serving commercial and office uses and small lodges." The policies of the Commercial /Retail Action Plan state in part that "Developments which include locally oriented businesses should be encouraged via a menu of options." The proposed text amendment is consistent with these and all other elements of the Aspen Area Comprehensive Plan. C. The proposed text amendment is compatible with surrounding Zone Districts and land uses and consistent with neighborhood characteristics. The Aspen Athletic Club Building, the specific site for which the accompanying Conditional Use Permit Application is submitted, contains the Aspen Athletic Club, a health and fitness facility, as an ongoing use, which land use has remained compatible with, in fact has been a continuing part of, the neighborhood characteristics for over two decades. D. The proposed text amendment will have no effect on traffic generation and road safety. E. The proposed text amendment will result in no additional demands on public facilities. F. The proposed text amendment will result in no adverse impacts on the natural environment. G. The proposed text amendment is consistent and compatible with the community character in the City of Aspen. The residents of, and visitors to, the City of Aspen are health and fitness conscious in general, primarily due to the nature of the town as a ski and summer resort with a significant focus on physical health. The specific text amendment requested would make health and fitness facilities more readily and conveniently available within the City of Aspen. -2- \A H. The changed conditions affecting the surrounding neighborhood which support the proposed text amendment are the relative lack of other available space within the City for use as health and fitness facilities and the fact, which will be supported by testimony from the leasing agent for the Aspen Athletic Club Building, Mr. Michael Horn of Coates, Reid & Waldron, of the changing leasing patterns for office space. I. The proposed text amendment will not be in conflict with the public interest, and is in harmony with the purpose and intent of the relevant chapter of the Land Use Code. barbette \001 -3- P ANNI J ONJNG COMMISSION See. 5213. Office (0). EXHIBIT , APPROVED 19 BY RESOLUTION A. Purpose. The purpose of the Office (0) zone district is to provide for the establishment of offices and associated commercial uses in such a way as to preserve the visual scale and character of former residential areas that now are adjacent to commercial and business areas, and commercial uses along Plain Street and other high volume thoroughfares. B. Permitted uses. The following uses are permitted as of right in the Office (0) zone district. i L Detached residential dwellings and multi- family dwellings; 2. Professional business offices; 3. Accessory residential dwellings restricted to affordable housing guidelines; 4. Home occupations; 5. Group homes; 6. Accessory buildings and uses; 7. Dormitory; and 8. A mixed -use building's) comprised of a residential dwelling unit and permitted and conditional uses in the Office (0) zone district so long as such conditional use has been approved subject to the standards and procedures established in -Article 7, Division 3 of this chapter. C. Conditional uses. The following uses are permitted as conditional uses in the Office (0) zone district, subject to the standards and procedures established in Article 7, Division 3. 1. Only for those structures that have received historic landmark designation: antique store, art studio, bakerr, bed and breakfast, boarding house, bookstore, broadcasting station, church, dance studio, florist, fraternal lodge, furniture store, mortuary, music store (for the sale of musical instruments), music studio, restaurant, shop craft in- dustry, visual arts gallery, and provided, however, that (a) no more than two (2) such conditional uses shall be allowed in each structure, and (b) off-street parking is pro- vided, with aLey access for those conditional uses along Main Street; 2. Duplex residential dwelling, of which one unit shall be restricted as affordable housing to the middle income price and occupancy guidelines. The affordable housing unit shall comprise a mini -mum of one -third (ya) of the total floor area of the duplex. In the alternative, both may be free market units if an accessory dwelling unit shall be provided for each unit; 3. Two (2) detached residential dwellings or a duplex on a lot containing a historic landmark with a minim area of 6,000 square feet, of which one unit shall be restricted as affordable housing to the middle income price and occupancy guidelines. The affordable housing unit shall comprise a minimum of one -third (Y3) of the total floor area of the two (2) dwellings. In the alternative, both may be free market units if an accessory dwelling unit shall be provided for each unit; 4. Day rare center, 5. Commercial parking lot or parking structure that is independent of required off - street parking, provided that it is not located abutting Main Street; 6. Satellite dish antennae; (�\ 7. Reserved; and a i A A.- roecn,v Amollino nnitt meetinv the nmvisinna nr Ce.w:..., r_:zi n pjcq� of Office Zone District: Health and Fitness Facilities as Conditional Uses Review Criteria for Text Amendments: A. response: B. Whether the proposed amendment is in conflict with any applicable portions of this chapter. It is consistent with the basic zoning regulations. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. response: The Commercial /Retail Action Plan within the AACP stresses development of a "neighborhood" office zone, but does not specifically address limits or expansions to the existing Office zone. According to Mr. Barbette's application information, most of his clients are residents of the Aspen area. C. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. response: Ironically, the Office zone currently allows "dance studio" (a similar use to health facility determined by Planning Office policy) within an historic structure. This was meant to be an element of flexibility for owners of older buildings. Therefore, staff believes that the issue of health facilities in proximity to office and residential uses has already received a certain level of acceptance. Additionally, the fact that the large and active Aspen Athletic Club has been in this location for years is some indication that the office /health club juxtaposition can be successful at an appropriate location. D. The effect of the proposed amendment on traffic generation and road safety. response: Because the proposed text calls for conditional use review for each project, traffic and safety will be addressed on a site specific basis. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. response: No adverse impacts are anticipated. All infrastructure facilities are generally in place for the Office zone neighborhoods. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. response: As the proposed change affects urban areas of town, no impacts are expected. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. response: This amendment would not affect the character of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. response: No particular changes are noted. However, as previously mentioned, there appears to be adequate office space available within Aspen such that this amendment would not be a detriment. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. response: This proposal does not conflict with public interest. 2 TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: Barbette Conditional Use and Code Amendment for a Health and Fitness Facility in the "O" Office Zone District (Public Hearing) DATE: March 21, 1995 SUMMARY: The Planning Office supports a text amendment which would allow a health and fitness facility upon conditional use approval by the Commission. However, staff does not believe, as the language is proposed, that such a use should be limited to a basement or third floor of a structure, nor that there should be a limit of two such uses in any given building. In anticipation of approval of the amendment, staff also supports the proposed conditional use for a health and fitness facility on the third floor of the Aspen Athletic Club Building, located at 720 E. Hyman Ave. This conditional use is being considered concurrently with the text amendment so the applicant would not have to return to the Commission for another public hearing. APPLICANT: Jean - Robert Barbette, represented by Scott Harper LOCATION: The proposed text amendment affects both the downtown area Office zone district and the Main Street Office zone district (map attached as Exhibit " A " ). The conditional use request is specific to the Aspen Athletic Club building located at 720 E. Hyman Ave, Suite 303. ZONING: O Office APPLICANT'S REQUEST: The proposed language to add a new conditional use for the O zone reads: 5- 213.C.9. Health and Fitness Facility, provided, however, that (a) no more than two (2) such conditional uses shall be allowed in each structure, and (b) the conditional use shall not be allowed on the first or second floor of any structure. Mr. Barbette decided to apply for a code amendment and conditional use approval because fourteen months ago he rented a lease space in the subject building without knowing that the Office zone district currently does not permit health and fitness facilities. The leasing agent was unaware of the limit also, assuming it was an allowed use because of the existence of the Aspen Athletic Club 1 in the basement. The Athletic Club evidently received a conditional use in 1975. At an undetermined time since then and for undetermined reasons, the code had been changed to eliminate this conditional use option. Please refer to the history of the Athletic Club in Exhibit "B ". In order for Mr. Barbette's personal training business to remain in this location, the code must be changed to allow this use either as a conditional or permitted use. Other locations which currently allow this type of use are the CC Commercial Core and SCI Service /Commercial /Industrial zones, and within an historic building in the O Office zone. Please refer to additional application information, Exhibit "C". The list of permitted and conditional uses for the O Office zone are attached as Exhibit "D ". REFERRAL COMMENTS: Housing Office: There will not be an increased employee generation for this use over the allowed office use. Comments were solicited from Zoning and Building Departments. None were returned. PROPOSAL: In addition to the code amendment listed above, the applicant seeks conditional use approval for a personal training operation occupying approximately 2,330 s.f. within the 30,000 s.f. Aspen Athletic Club Building. The lease space will ultimately contain weight training areas, a yoga room, and two locker /shower rooms. In conversations with Mr. Barbette, he indicated that at a maximum his operation will employ 2 -3 persons other than himself, and there will be no more than the same number of clients at any one time as it is a one -on -one type of fitness training program. STAFF COMMENTS: When Mr. Barbette first approached staff with his dilemma, staff was concerned that allowing additional non - office uses in the O zone might be harmful to the availability of office space in Aspen. Because of this concern, we discussed with the applicant ways to limit the applicability of any proposed text amendment. Therefore, the applicant's language includes the limit of 2 health and fitness facilities per building, and only if they do not occupy a first or second floor location. This latter criterion was originally based on: 1) the particular difficulty of this landlord's ability to lease third floor space; and 2) the fact that not all buildings in the O zone contain basements, and there are fewer yet that have three or more stories. At the staff's request, the application contains information from some local leasing agents. Providing their professional opinions are Karen Setterfield and Don Fleisher. They state that staff's concern about a lack of vacant office space in the city is not substantiated. Therefore, staff now believes these limits to basement or upper story locations should not be included in the 2 amended text. Also, because of the level of review required for any conditional use, staff believes that the limit of two such uses per building is not necessary. Cumulative impacts on any site will be considered by the Commission. Creating the cap at two facilities is not needed or necessarily desired. Review Criteria for Text Amendments: A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. response: It is consistent with the basic zoning regulations. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. response: The Commercial /Retail Action Plan within the AACP stresses development of a "neighborhood" office zone, but does not specifically address limits or expansions to the existing Office zone. According to Mr. Barbette's application information, most of his clients are residents of the Aspen area. C. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. response: Ironically, the Office zone currently allows "dance studio" (a similar use to health facility determined by Planning Office policy) within an historic structure. This was meant to be an element of flexibility for owners of older buildings. Therefore, staff believes that the issue of health facilities in proximity to office and residential uses has already received a certain level of acceptance. Additionally, the fact that the large and active Aspen Athletic Club has been in this location for years is some indication that the office /health club juxtaposition can be successful at an appropriate location. D. The effect of the proposed amendment on traffic generation and road safety. response: Because the proposed text calls for conditional use review for each project, traffic and safety will be addressed on a site specific basis. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and 1 A emergency medical facilities. response: No adverse impacts are anticipated. All infrastructure facilities are generally in place for the Office zone neighborhoods. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. response: As the proposed change affects urban areas of town, no impacts are expected. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. response: This amendment would not affect the character of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. response: No particular changes are noted. However, as previously mentioned, there appears to be adequate office space available within Aspen such that this amendment would not be a detriment. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. response: This proposal does not conflict with public interest. -------------------------- Review Criteria for Conditional Uses: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, and with the intent of the Zone District in which it is proposed to be located; and response: The proposed use is not contrary to the AACP or the Office zone district, as long as the above code amendment is adopted by City Council. As mentioned earlier, the Office zone already allows a similar use (dance studio) in historic structures. 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 ac- tivities in the immediate vicinity of the parcel proposed 4 for development; and response: The Aspen Athletic Club has been at this location for 20 years. Mr. Barbette's business has been open in this building for fourteen months, albeit without approval from Planning and Zoning. There have been no complaints to the City regarding Mr. Barbette's operation. According to the application, this personal training type of facility fills a need for Aspen's fitness - oriented residents and guests. 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: The 2,330 s.f. training facility will not measurably affect the other uses in the 30,000 s.f. building or the surrounding neighborhood, especially relative to the level of activity generated by the substantially larger Athletic Club in the basement, for which no complaints have surfaced. 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: These facilities are already in place within the downtown and Main Street areas. No additional impacts are anticipated. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and response: Because of the low number of employees generated by this type of business (four persons maximum), no housing impacts must be mitigated. Utilizing the code's employee generation rates for an office use at 3 employees per 1,000 s.f., this space would theoretically generate 7 employees. Staff recommends placing a limit on no more than 7 employees to match the code's generation figures. F. The proposed conditional use complies with all addi- tional standards imposed on it by the Aspen Area Community Plan and by all other applicable requirements of this chapter. response: No specific AACP standards apply to this conditional use 5 request. STAFF RECOMMENDATION: Staff recommends the following simplified text amendment for the Office zone: 5 -213. C. Conditional uses 9. Health and Fitness Facility / (t/P Recommended motion: "I move to recommend to Council ploval of an amendment to the Aspen Land Use Regulations to allow health and ^s"� y fitness facilities as conditional uses in the O Office zone &q MAC districts." SVr—a Staff recommends approval of the Barbette Conditional Use for a *0 " health and fitness facility with the following conditions: 1) No more than seven full time equivalent employees shall be associated with this facility. 2) 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. 3) This approval is valid only upon final City Council adoption of a code amendment allowing such facilities as conditional uses in the Office zone district. Recommended motion: "I move to approve the Barbette conditional use for a health and fitness facility in the Aspen Athletic Club Building with the three conditions stated in the Planning Office memo dated March 21, 1995 7 Aw C Exhibits: it,� © �i " A " Map of 0 Office Zone Locations "B" History of the Aspen Athletic Club Burg "C" Application Information v� "D" Permitted and Conditional Uses for the O Office Zone 0 " E " Housing Office Referral Memo S -o C. 1 4 .1 S , �i X j logo r C lMo { , :::y ` t. i t �V .1 S , �i Z 1 3 RR �,� \ ,tom _ rans p Wr � 1 t ri 1 5ry a _ _ logo C lMo 1 vl" Z :wn area Y \ H r ' � r ct 3: 1 I `Vf .4.z Z 1 3 RR �,� \ ,tom _ rans p Wr � 1 t ri 1 5ry a _ _ I z r S cn m� r� !I II w ED 1 w ,0 rq v i u O w PLANNIN, & ZONING COMMISSION EXHIBIT _� , APPROVED 19 BY RESOLUTION y NEW W 141MT -. - KOOM ��� vros:•a W�'L�wiEN' IL j . NEW Y,01 VA EM. 0 pXINTINS� 'AALW TO KLMNN I X � NEW WA:L.� f� G WNTGFry `D a -1 p f I� ' I • 5�d a. lip t � s E �FY g 4 � pky .'HYA : RSONAL WNER? ... RSONALTRAINER WILL HELP YOU IMIZE THE TIME SPENT ON YOUR ,KOUT.A PERSONAL TRAINER WILL -LOP A PROGRAM THAT EXACTLY - CHES YOUR NEEDS AND OBJECTIVES. A -ON -ONE WO'RKIN(t RELATIONSHIP -1 A PERSONAL TRAINER GIVES YOUTH E ACY AND ATTENTION YOU NEED. THESE ARE JUST WORDS —LISTEN TO ROBERT'S CLIENTS TELL YOU WHY THEY KOUTATHISGYM — ANDERSON, ASPEN, INTERNATIONAL BUSINESS \N, MOTHER OF FIVE, 50: vorite workout is the posture routine that we do with tick." I can do it anywhere! Jean Robert is incredibly ating, and he makes you commit to your workout. Of a it's by appointment only, so you can't just go iced like missing aerobics class. But the real reason I can Robert three times a week is because he sed me that one day he'll marry me. Ha! NTHA YOST, HOUSTON, H.S. HONOR STUDENT, 17: Robert's Gym has the best equipment — everything eed is right there in one room. They also have a uter which tests your body fat. Anyway, he's really d me how to work out, so I can do it on my own. JBERTCHRISTENSEN, ASPEN, DENTIST, FATHER OF S, 45: a personal friend and sets a good example by taking care of his own health. Aside from the camaraderie of g someone to work out with, training with Jean Robert Jed me with a stress outlet. My wife, Candice, also A out with him during her pregnancy and we both felt confident in his abilities and knowledge. 1� DAVIS, ASPEN, MOTHER OF TWO, 30 -ISH: ) working out with Michelle because she understands male physique and tailors my program to obtain the *.s I desire -- long and lanky, not big and bulky. CHARLES CARNEY, KANSAS CITY, BUSINESSMAN, 62: I worked out with Jean Robert for six weeks last summer. His father was a trainer, and I think he inherited something very special from him. Jean Robert seems to have an innate ability to train people — it's a very positive experience. You probably don't want to quote this, but I swear he must have been a trainer in his previous life because it would be impossible to learn all that he knows in one lifetime! He's also been very generous in helping me set up a personal gym at home — that is, helping design it and deciding what equipment is important for me to have. DAN KLOSTER, SNOWN \ASS, LA PINATA RESTAURANT, 44: Primarily I work out at Jean Robert's Gym because he's been so effective in helping me with my back pain (due to a previous injury). I have confidence I won't get hurt with his exercise routines. He varies the work outs and keeps them interesting. He has a broad scope as to what our goal is — a wide knowledge — and I like the fact that I really see total body improvement. ) EAN RO B E RT'S GYM 720 EAST HYMAN, SUITE 303, ASPEN, COLORADO 303 -920 -9049 I '(EXT AMtNDMf.NT Jean Robert Barbette Text Amendment /Conditional Use RESPONSE TO ATTACHMENT 2 OF LAND USE APPLICATION AND DEVELOPMENT APPLICATION 1. Letter of authorization attached hereto as Exhibit "B" The street address of the property is: 720 East Hyman Avenue, Aspen, Colorado (the "Property "). The full legal description is attached hereto as Exhibit "A ". 3. A current Owners Certificate from Pitkin County Title Company is attached hereto as Exhibit "C ". Applicant is Lessee of a portion of the third floor of the Property pursuant to a ten year lease entered into between owner and applicant on March 18, 1994, and applicant is proceeding with the Land Use Application and Development Application with the full knowledge and consent of the owner of the Property. 4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen is attached hereto as Exhibit "D ". This application is for (1) a Text Amendment to City of Aspen Land Use Regulations, Section 5 -213 C., Conditional Uses, adding number 9 Health and Fitness Facilities, limiting to no more than two such conditional uses in each structure in the Office Zone District and excluding such conditional use from first and second floors; and, (2) A Conditional Use Permit for a Health and Fitness Facility on the third floor of the Aspen Athletic Club Building. No other development is planned or anticipated at this time. RESPONSE TO ATTACHMENT 3 OF LAND USE APPLICATION A. The application requests an amendment to the text of the Land Use Regulations Section 5 -213 Office (0), subsection C., Conditional Uses. The precise wording of the proposed amendment shall read as follows: 5 -213. C. 9. Health and Fitness Facility, provided, however, that (a) no more than two (2) such conditional uses shall be allowed in each structure, and (b) the conditional use shall not be allowed on the first or second floor of any structure. C� N D l"�I Dti1PcL L� S� RESPONSE TO ATTACHMENT 4 OF DEVELOPMENT APPLICATI A. The proposed conditional use is consistent with the purposes goals, objectives and standards of the Aspen Area Comprehensive Plan. This Development Application is being submitted contemporaneously with a Land Use Application requesting a text amendment to the City of Aspen Land Use Regulations, Section 5 -213 C., Conditional Uses, adding number 9, Health and Fitness Facilities, limiting to no more than two, such conditional uses in each structure in the Office Zone District and excluding such conditional use from first and second floors. In the event the text amendment is approved, the conditional use requested will be consistent with the intent of the Zone District in which it is proposed to be located. B. The conditional use is consistent and compatible with the character of the immediate vicinity. The Aspen Athletic Club, a health and fitness facility, has been located in the Aspen Athletic Club Building, the structure for which this conditional use is being requested, as an ongoing use for over two decades. C. The location, size, design and operating characteristics of the proposed conditional use will have no adverse effects on visual impacts since it is entirely contained within the third floor of the Aspen Athletic Club Building. The proposed conditional use will have no adverse effect on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties because the traffic patterns for the proposed conditional use will remain consistent with those of currently existing uses within the Office Zone District and within the Aspen Athletic Club Building in terms of numbers of persons entering and leaving the building, the amount of trash generated and the number of service deliveries required. The proposed conditional use will have no adverse effect on noise, vibrations and odor on surrounding properties because it is entirely contained within the third floor of an existing building. D. The proposed conditional use will result in no additional demands on public facilities. E. The proposed conditional use will not create a need for increased employee housing. 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. barbette \review.conditional use PLAN; 3 & 10NING COMMISSION See. 5 -213. Office (0). EXHIBIT _ , APPROVED r 19 BY RESOLUTION A. Purpose. The purpose of the Office (0) zone district is to provide for the establishment of offices and associated commercial uses in such a way as to preserve the visual scale and character of former residential areas that now are adjacent to commercial and business areas, and commercial uses along Main Street and other high volume thoroughfares. B. Permitted uses. The following uses are permitted as of right in the Office (0) zone district. i 1. Detached residential dwellings and multi - family dwellings; 2. Professional business offices; 3. Accessory residential dwellings restricted to affordable housing guidelines; 4. Home occupations; 5. Group homes; 6. Accessory buildings and uses; 7. Dormitory; and 8. A mixed -use building(s) comprised of a residential dwelling unit and permitted and conditional uses in the Office (0) zone district so long as such conditional use has been approved subject to the standards and procedures established in Article 7, Division 3 of this chapter. C. Conditional uses. The following uses are permitted as conditional uses in the Office (0) zone district, subject to the standards and procedures established in Article 7, Division 3. 1. Only for those structures that have received historic landmark designation: antique store, art studio, bakery, bed and breakfast, boarding house, bookstore, broadcasting station, church, dance studio, florist, fraternal lodge, furniture store, mortuary, music store (for the sale of musical instruments), music studio, restaurant, shop craft in- dustry, visual arts gallery, and provided, however, that (a) no more than two (2) such conditional uses shall be allowed in each structure, and (b) off-street parking is pro- vided, with alley access for those conditional uses along Main Street; 2. Duplex residential dwelling, of which one unit shall be restricted as affordable housing to the middle income price and occupancy guidelines. The affordable housing unit shall comprise a minimum of one -third (ys) of the total floor area of the duplex. In the alternative, both may be free market units if an accessory dwelling unit shall be provided for each unit; 3. Two (2) detached residential dwellings or a duplex on a lot containing a historic landmark with a minimum area of 6,000 square feet, of which one unit shall be restricted as affordable housing to the middle income price and occupancy guidelines. The affordable housing unit shall comprise a minimum of one -third (Y3) of the total floor area of the two (2) dwellings. In the alternative, both may be free market units if an accessory dwelling unit shall be provided for each unit; 4. Day care center, 5. Commercial parking lot or parking structure that is independent of required off - street parking, provided that it is not located abutting Main Street; 6. Satellite dish antennae; 7. Reserved; and 8. Accessory dwelling units meeting the provisions of Section 5 -510. • " A7TACHMERr 1 `'�...� IAND USE APPLICATION FURK 1) Project Name Jean Robert's Gym 2) project IOCation 720 Fast Hyman Avenue, Aspen (indicate street addres lot & block numbers, legal description where appropriate) 3) Present Zoning Office (0) 4) rat Size 18,000 sq. ft . 5) Applicant's Name, Address & Hhone # Jean Robert Bar tte 720 East Hyman Avenue Amen 990 -9049 6) Representative's Name, Address & Plane $ Scott Harper, P .C. 201 North Mill Street, Suite 106, Aspen 925 -5625 7) Type of Application (please check all that apply): X Conditional Use _ Cmyoeptual SPA Conceptual Historic Dev. Spacial Review Final SPA _ 8040 Qaenline 0onceptual PUD Stream Agin Final HID Mountain View Plane _ Subdivision Tot split/rat Line Adjustment Final Historic Dev. Minor Historic Dev. Historic Demolition Historic Designation Descr o Ex Uses ( rx=ber and •' O ' 8• • st a p p rox i mate- • - ft-; number of • >•1 am prev approva gran to the property) - Existing Uses - Professional Business Offices and Health and Fitness Facility (Aspen Athletic Club); One existing structure; Approximately 30,000 sq. ft.; No previous approvals granted to the property. 9) Description of Development Application a ) Text Amendment to Section 5-213 C adding 09 - "Health & Fitness Farilitia as Conditional Use; b) Conditional Use Permit for Health and Fitness Facility if 9a is approved. 10) Have you attached the following? Yes use to Attachment 2, Minimml SlIbmicc Ontents Yes R to Attachment 3, Specific Submission Contents Yes Response to Attachment 4, Review Standards for Your Application X L r RE: OPERATION OF JEAN ROBERT'S GYM IN THE ASPEN ATHLETIC CLUB BUILDING We, the undersigned, as tenants /occupants of the Aspen Athletic Club Building, are familiar with the operation of Jean Robert's Gym, located on the third floor of the Aspen Athletic Club Building and have no objection to the continued operation and expansion of the facility at that location. 1 NAME (Please Print) UNIT # TELEPHONE # SIINATURE DATE �- L 5 g I.J 1 771 a� C /1)( as 4 ' - /,- //�4 t�rr 2 36:3 ) - 311 L :3 0 1` r lu( a - 1 q CU l (o f q-S qZ� �Ir< L S /��SS F RE: OPERATION OF JEAN ROBERT'S GYM IN THE ASPEN ATHLETIC CLUB BUILDING We, the undersigned, as tenants /occupants of the Aspen Athletic Club Building, are familiar with the operation of Jean Robert's Gym, located on the third floor of the Aspen Athletic Club Building and have no objection to the continued operation and expansion of the facility at that location. NAME (Please Print) UNIT # TELEPHONE # 0,Y / /yo 0 SIGNATURE DATE �,«(, (- �/-7 �(QZCti o� - /(/, -l �� dJ -� -/�- -9°� 3 ern II�'Ai A J M 4-z i e 6 ,1 loe w F RE: OPERATION OF JEAN ROBERT'S GYM IN THE ASPEN ATHLETIC CLUB BUILDING We, the undersigned, as tenants /occupants of the Aspen Athletic Club Building, are familiar with the operation of Jean Robert's Gym, located on the third floor of the Aspen Athletic Club Building and have no objection to the continued operation and expansion of the facility at that location. NAME (Please Print) UNIT # TELEPHONE # 0,Y / /yo 0 SIGNATURE DATE �,«(, (- �/-7 �(QZCti o� - /(/, -l �� dJ -� -/�- -9°� 3 ern II�'Ai A J M 4-z i e 6 ,1 loe LAW OFFICES OF Scott Harper PROFESSIONAL CORPORATION APR 1 2 1995 201 NORTH MILL STREET SUITE 106 _ (303) 9255625 ASPEN, COLORADO 81611 - COPIER (303) 9255663 April 11, 1995 Ms. Kim Johnson Aspen/Pitkin Planning Dept. 130 South Galena Street Aspen, Colorado 81611 Re: Barbette - Text Amendment/Conditional Use Dear Kim: Enclosed for your files please find a copy of my letter to Phyllis Coors regarding the issues which we discussed last evening at the City Council meeting. As you can see from that letter, Jean Robert has agreed to keep the blinds on the north side of his gym closed anytime Mrs. Coors is in residence at her Hopkins street property. It is my understanding from discussing the matter with Mrs. Coors that this is an acceptable solution to her concerns. Please let me know if you need further information with regard to this matter. Very truly yours, SCOTT HARPER PROFESSIONAL CORPORATION By Scott Enclosure cc: Barbette bubem \008 LAW OFFICES OF Scott Harper PROFESSIONAL CORPORATION 201 NORTH MILL STREET SURE 106 ASPEN. COLORADO 81611 April 5, 1995 Mrs. Phyllis Coors 727 East Hopkins Aspen, CO 81611 Re: Jean Robert Barbette d/b /a Jean Robert's Gvm Dear Mrs. Coors: f4 (303) 925 -5625 TELECOP:ER (303) 925 -5663 Thank you for contacting me last week to discuss the view from your condominium into the third floor of the Aspen Athletic Club Building and Jean Robert's Gym. I have spoken with Jean Robert and wish to inform you that he is entirely sympathetic with your position and wishes to apologize for any inconvenience this may have caused you. Jean Robert will be more than happy to close the blinds along the north side of the gym facing your property not only during the evenings but during the daytime as well whenever you are in residence. He has asked that you call to inform him when and for what duration you plan to be occupying your condominium so that he can comply with your request. He will also inform his employees so that they can be sure to comply whenever he himself is not on the premises. We appreciate your courtesy in contacting me to discuss this matter. In the event that you are in residence and through inadvertence the blinds are left open, please call the gym to remind Jean Robert or whoever may be working at the time to close them and it will be taken care of immediately. If I can be of further assistance with regard to this matter, please let me know. Very truly yours, SCOTT HARPER PROFESSIONAL CORPORATION Scott Harper cc: Barbette bubeakoon.Ir 201 NORTE MILL STREET SUITE 106 ASPEN, COLORADO 81611 VIA HAND DELIVERY Ms. Kim Johnson Aspen/Pitkin Planning Dept. 130 South Galena Street Aspen, Colorado 81611 LAW OFFICES OF Scott Harper PROFESSIONAL CORPORATION February 27, 1995 Re: Barbette - Text Amendment/Conditional Use Dear Kim: (303) 925-5625 TELECOPIER (303) 9255663 Enclosed herewith please find three sets of blueprints for the proposed remodel of the third floor of the Aspen Club Building in response to Attachment 3 of the Conditional Use Application. I have requested a site plan or sketch plan of the Aspen Club Building from the owner's agent, Michael Horn, in order to complete the response to Attachment 3 of the Application but have not yet received this item. In the event Mr. Horn is unable to locate this item for submission by the end of this week I will be submitting, per your earlier request, photographs of the exterior of the building in lieu of the plans. I have been unable to complete my research into (1) other building locations available for health and fitness facilities within the downtown area of the city; and (2) information I am able to locate in city records indicating how and when the Aspen Athletic Club was "grandfathered" into the current Office Zone District. I anticipate that I will have this information to you by no later than Monday, March 6, 1995. Please let me know if, for any reason, this time frame does not work for you. In response to the letter from Suzanne Wolff dated February 21, 1995 requesting a letter from the owner of the property authorizing my firm to process the application and to specify the units subject to the conditional use, we are submitting herewith a copy of the letter which we received from Michael Horn dated February 22, 1995. The letter specifies that the units that are subject to the application for a conditional use permit are part of units 3G, 3D and 3F. The letter further states that "We would grant you this permission so long as it is understood that we would not participate financially in any costs to obtain the permit..." It is my understanding that the City would, as you stated at the time of our phone conference on February 23, 1995, prefer no mention of the financial aspects as between the landlord and tenant and that any dispute between the parties on the issue of costs are "not a Ms. Kim Johnson Aspen/Pitkin Planning Dept. February 27, 1995 Page 2 concern of the city." As I also informed you at that time, Mr. Barbette continues to maintain the position that, as between the tenant and owner /landlord the owner /landlord is ultimately legally responsible to Mr. Barbette for the costs of processing the Application. Accordingly, I wish to make it clear that by submitting Mr. Horn's letter to you Mr. Barbette does not concede the issue of costs of processing the Application as between the tenant and the owner /landlord Mr. Barbette will continue his obligation to the City for payment pursuant to his Agreement for Payment of City of Aspen Development Application Fees dated February 15, 1995. If, however, for any reason, you need further evidence of the property owner's consent, please let me know at your earliest convenience. Thank you for your continued assistance in processing this Application. Very truly yours, SCOTT HARPER PROFESSIONAL CORPORATION By: ;Co er Enclosure cc: Jean Robert Barbette Nick Coates c/o Michael Horn barbettel003 FEB 22 '95 65 :53PM CRW RCCTG /NICK P.1 _ AM REID &WAWI Real Estate • Rentals • prePwnt' Management February 22, 1995 Mr. Scott Harper Via Facsimile 303 - 925 -5663 Dear Scott, This letter is a follow up to our phone conversation of February 22, 1995. You asked if I could put in writing that we, as the owners of the Aspen Athletic Club Building, will grant you permission to pursue a permit on behalf of Jean Robert Barbette. This permit would be for a special use on the third floor units part of 3G,3D,3F of the Aspen Athletic Club Building. We would grant you this permission so long as it is understood that we would not participate financially in any costs to obtain the permit and, if a permit is obtained, it can in no way obstruct the present uses allowable. If you have any concerns on this matter please contact me immediately. Sincerely Michael A. Horn Long Term Property Manager MH \boh A+ysn OBtee: 740 Bast H7mm1 Avta11 • A+pea. Colorado 61611 • (303) !!5`1+00 • PAX (303) 990.3763 Snows aas 01110!: P.O. Box 6+30' Sults 113. Snowmau Canter • 56ovrmase ViQa6e, Colorado 01615 (sos) 623.4700 • FAX (303) 923-4193 I _ 2 March 1995 Mr. Theodore K Guy, Manager King Louise Apartments 220 W. Main Street Aspen, CO 81611 Haircutting Occupation in the Office Zone Re: Dear Mr. Guy: I am responding to your letter with respect to the establishment of an haircutting occupation in the Office Zone. You mention several approaches to permitting this activity. First of all, you ask if it can be established under the provisions for "home occupation." The definition for "home occupation" specifically excludes barber shop and beauty parlor as home. occupations (Section 3 -101, Home Occupation paragraph "L "). However, included within the list of permitted uses for the Office Zone is "Professional Business Offices." Professional and business offices are defined in the Land Use Code as uses where "services are made available to the public." The distinction between a business and a professional office seems to hinge on licensing and the provision of products incidental to the provision of services. While haircutting or barbering are not specifically mentioned in these definitions, there would appear to be no reason to exclude them as permitted activities. I would therefore conclude that, subject to a land use application and any other requirements' of the Land Use Code, Susan's Haircutting could be established as a permitted use at 220 W. Main Street. You also mention in your letter the concept of an "accessory use." I believe the establishment of a haircutting use is satisfied as a permitted use. The concept of an accessory use is not applicable in this context. Please let me know if I may provide any further information or assistance. Very truly yours, 4:::: cz --- Stan Clauson, AICP Community Development Director City, of Aspen cc: Leslie Lamont, Deputy Planning Director William Drueding, Zoning Enforcement Officer I go ASPEN•PITKIN I ' PLANNING & ZONING DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT 130 SOUTH GALENA STREET • ASPEN, COLORADO 81611 • PHONE 303920.5090 • FAA 303.920.5197 .. __ nmcrT F,r I iN;- 303 920.5439 VW 1 0,6 SPEN f3 SNOWMASS THIS WINTER Yes, you probably could do it on your own. But do you? Will you? When? Today? JEA=ROBERT BARBETTE When Jean- Robert Barbette was five, his father, who owned a gym in Liege, Belgium, carved a pair ofwooden dumbbells and so started his son on a life dedicated to strength, health, and fitness. By the time he was a teenager, Jean - Robert was a gym teacher and massage therapist in St. Tropez in the summer, and in Courchevel during the ski season. And, of course, he skied, monoskied, waterskied, and surfed, all the while building a body that is its own work of art. Several years ago, on vacation from his job as strength trainer for the French junior ski team, Jean -Robert stopped off in Aspen — "the only American ski resorr we knew anything about back in Courchevel — and found his Shangri -La. "Here were these glorious mountains, this glorious snow, and people who really were dedicated to getting stronger, healthier, to ski, to play tennis, to live well," he says. "In Europe there is nothing like this commitment. I had to come to Aspen." For his first two years here, Jean- Roberttaught monoskiing and worked around the gym world while he worked on his English. A year ago he opened his One -to -One Personal Training Stu- dio, a calm, high -tech environment of glass brick, mirror, chrome, and the best equipment — weights, treadmill, bike, and the like — in the Brand Building. Taking a fitness session with 30 -year- old Jean- Robert in this pleasant space is not unlike taking a master class with Baryshnikov. Your own brand of music — rock, Bach, or opera— is already filling the air softly when you arrive, as tailored to your musical tastes as the session will be to your body. As he demonstrates the use of an eight - pound weight or a smooth pole for stretch - strengthening, Jean - Robert is almost bal- letic— supple and limber under a powerful physique. Like all true athletes, he makes the difficult look so natural that you can't wait to stretch away in this disarmingly effortless fashion. In his studio, Jean-Robert takes one client at a time, each for an hour, from 7 to 11 a.m., and again from 3 to 8 p.m., seven days a week. At midday, he goes monoskiing on Aspen Mountain. Unlike other trainers, he tries not to take time away from his Cantmued on page 91 ASPEN MAGAZINE 89 SPRING 1992 "People are here for prevention of injuries as well as for strength." H body &soul Jean -Robert Barbette, metinuedf.. page 89 regulars to go out of town or to a private home. "I cant make 10 people unhappy just for one," he explains. His average client is 45 to 50; half live in Aspen full time, and the others are visitors and second -home owners; 60 percent are women. While there is no such thing as a typical workout with Jean- Robert, there is usually a five - minute warm up on a treadmill or an exercise bike, followed by a free - weight warm up, then either a leg or a body work- out, upper body first. Then the back. "Have you noticed how many body builders work on the chest, the chest.'' says Jean- Robert. "The back is even more im- portant for alignment, for posture, so I do twice the back exercises as I do chests. People are here for prevention of injuries as well as for strength." He has many exercises for hamstrings and calves, but recently he designed a new training technique for his friend Claudio Gottardo, anArgentine Olympicspeedskier who needed dry-land training before Albertville. Jean- Robert balanced a teeter - totter board over a 2 x 4. Constantly jig- gling the board to replicate the feel of the piste, he trained Claudio to hold an aerody- namic ruck on the board for two burning minutes at a time. In one corner of the studio rests a big leather punching bag, and it's not used to train boxers. It's for clients who arrive in a state of emotional stress, business stress, or anger. Jean- Robert strings up the bag and says, "Take it all out on that, and then we'll get down to our session." Although some consider private sessions too pricey, Jean - Robert's eventual goal is to build his own gym that anyone can afford. "My father gave me fitness," he says. "I'd like to give it back to as many as I can." V3 Fees for Jean - Robert Barbette's sessions are $1,320 for 24 one -hour sessions; $75 for a single hour. Ca11920 -9049. It's Ski 1 ime! You don't need to sweat and strain on complicated gym equipment to shape up for ski season this year. Professional fitness trainer and competitive skier Jean - Robert Barbette, of Jean-Robert's Gym in Aspen, has developed a ski - conditioning program that can be done in the comfort of your own home — or even in your hotel room — using just a few easily available props. The 16- exercise regimen is designed to prevent injuries while improving agility, balance, endurance, and flexibility on the slopes. E 3 The Stick, above: This exercise improves your postural awareness (remember your last face plant ?) and is a great way to warm up on cold mornings. Sit with your hips spread and grasp a ski pole as shown. Hold the pole in front of your body, at the hips, and slowly move it in an arc over your head and down to your lower spine. Do 20 to 25 reps. For more information, contact Jean-Robert at lean - Robert's Gym, 720 E. Hyman. Ste. 303. 920 -9049. WHY PERSONAL TRAINER ?... A PERSONAL TRAINER WILL HELP YOU MAXIMIZE TH E TIME SPENT ON YOUR WORKOUT. A PERSONAL TRAINER WILL DEVELOP A PROGRAM THAT EXACTLY MATCHES YOUR NEEDS AND OBJECTIVES. A ONE -ON - ONE WORKING RELATIONSHIP WITH A PERSONAL TRAIN ER GIVES YOUTH E PRIVACY AND ATTENTION YOU NEED. BUT THESE ARE JUST WORDS— LISTEN TO JEAN ROBERT'S CLIENTS TELL YOU WHY THEY WORKOUT AT HIS GYM — KATHY AND SHELDON COLEMAN, WICHITA, 34 AND 42: Jean Robert gives us our favorite workout. The gym is well equipped, yet intimate. He listens to our goals and tailors our programs perfectly. Whether it's in the gym, on rollerblades, or skiing, our time with Jean Robert is both the ultimate in exercise and the ultimate in fun! SAMANTHA YOST, HOUSTON, H.S. HONOR STUDENT, 17: Jean Robert's Gym has the best equipment — everything you need is right there in one room. They also have a computer which tests your body fat. Anyway, he's really trained me how to work out, so I can do it on my own. MARTHA MILLER, DALLAS, FULL -TIME MOM, 30 -ISH: Why do I work out with Jean Robert? Well, if it weren't for the great massage at the end of the workout, and the fact that he does customized programs, and that I lost nearly 20 pounds, and that he travels to Dallas to train us, and designed my home gym, and has helped me tremendously with my overall health and well -being — I probably wouldn't workout there. DR. JANE KATCHER, MIAMI, 49: Jean Robert's Gym is as clean and quiet as we, my husband and I, request it to be. It provides a wonderful, comfortable, and supportive environment where we can listen to classical music and not hard rock! We never feel unhappy going there as opposed to other gyms where we dread going — and that's the absolute truth. Also we love the views of Red Mountain from the gym's windows. CHARLES CARNEY, KANSAS CITY, BUSINESSMAN, 62: I worked out with Jean Robert for six weeks last summer. His father was a trainer, and I think he inherited something very special from him. Jean Robert seems to have an innate ability to train people — it's a very positive experience. You probably don't want to quote this, but I swear he must have been a trainer in his previous life because it would be impossible to learn all that he knows in one lifetime! He's also been very generous in helping me set up a personal gym at home — that is, helping design it and deciding what equipment is important for me to have. TERAN DAVIS, ASPEN, MOTHER OF TWO, 30 -ISH: I enjoy working out with Michelle because she understands the female physique and tailors my program to obtain the results I desire — long and lanky, not big and bulky. JEAN ROBERT'S GYM 720 EAST HYMAN, SUITE 303, ASPEN, COLORADO 303 -920 -9049 Dancing in the Streets: Jean Robert Barbette "ECCENTRIC? HE'S ONLY ECCENTRIC. looking. You think he's a wild nun, bur he's serious about what he doe ° _ Itentof Jean Robert, one of A.spo , per- sonal trainers. "The intensity with which he approaches everything is unusual... but maybe that's what he shares with a lot of Aspenites. He's a bunch of contrasts." Ahhh, Aspen — where a blond Belgian monoskiing model and trainer (recently of Courchevel, Chamonix, and St. Tropez) is just another run -of- the -mill resident —even though he runs his own gym (replete with Jacuzzi in the corner) and a flock of devoted clients willing to follow him trustingly into new and trendy sports (such as in -line skating). If Jean Robert, age 29, is unique, it is only in that remarkably familiar Aspen way. Jean Robert (pronounced Zshan Row - Bear) seems made for Aspen. Maybe it's the hair, or the accent, or his laid -back but intensely focused demeanor. Whatever, he has tapped into Aspen's fitness obsession. He doesn't just ski, he monoskis. He doesn't just "blade," he dances on skates. According m friends and clients, Jean Robert makes fitness interesting and understandable, gearing his sessions to a clientele desirous of quality results — now. We train people who understand that Ft- ncss conhmunicates strength, energy, conft- dence, even power." reads the brochure for his gym. "Some rums here looking to lose weight and end up adyanring theircaree"." Jean Roberts philosophy stresses flex - ibility and alignnnni .0 well as strength, and hisunderlvin""oal isIomomatrpeople to move their bodies 1111!11 fled Y. "I take their build into cun,idcr.niun." sags Ican Robert. "If Rollerblading e.m 'ice them something they need. I inrorpurare it into their personal fitness program." His clients often request an hour of "hlading' instead of a traditional workout. "YOU use a lot of muscles you don't use when you bike or run —after one hour, your stomach is ripped." a a a CL ' L N _ L V 19 E O N L 3 0 T i 7 O s Q _ 0 L d z;o Robert. Jean Robert should know of what he speaks. He grew up surrounded by "body sculpture" at his father's gym in Belgium. His skating style reflects that upbringing. Tripping through the West End on his Rollerblades — with or without clients — Jean Robert uses the pavement like a dance floor, his technique perfecdysuited to cruis- ing Aspen's neighborhoods. It is less suited to the steep grades outside town, which require more aggressive (and conventional) turns to control speed. Pumping the heel brake is not a 10ol _ proof method tiff Aspen's hills, as Jean Robert is the first to admit. He lost his brake once on Maroon Creek Road, forcing him to make emergency turns to control his speed. He made it, but the experience rein forced his preference for the Oars, whcrc 6, can skate more freely, and where the pri., paid for mistakes is nor so high. "I cannot afford to break my bode. I i how I make nry mono," he says. "Its .ill I have to sell." vas 7K, lients often request an hour of "blading" instead of a traditional workout. oYou use a lot of muscles," says Jean US Secret Powder, Dirty Po One of our favorite bookstores is Explore , set in a Victorian on historic Main Street in Aspen. Owned by Katherine Thalberg, daughter of Hollywood legends Irving Thalberg and Norma Shearer, the first floor is devoted to an eclectic mix of books and newspapers. Upstairs, there's a small cafe. Best dance floor in the West goes to Telluride's Fly Me to The Moon Saloon. No, you haven't had one too many at alti- tude. The dance floor — spring - loaded to bounce with the crowd— really is moving. so M11 MiCifflaofala When you rely on a rental car, a night of subzero temperatures will almost guaran- tee your vehicle won't start in the morning. Sure cure: Cover the engine block with a heating pad, plug it in via extension cord and turn it on max overnight. If you spend every weekend in the moun- tains, a pricier solution is to have an engine -block heater retrofitted to your car (approx. $1004150). F i We found one of the best per- sonal trainers in ski country. Charming, Belgian - born Jean Robert runs his gleaming white- and -mir- tared studio in the historic Brand Building on Galena Street in Aspen. For a private, one -on -one workout regimen designed to put you in the shape of your life, call Jean Robert's Gym at (303) 920 -9049. .:r. I M; 1 1E Be Elvis, be Mick, be Palsy Cline or Willie Nelson— belting your heart out to the crowds at Cafe Applause at the Stratton Mountain Inn in Stratton, Vt. On the karaoke stage, you pick your songs from a list of more than 100 hits, grab a mike and go for it while the music plays and the words, superimposed on a TV monitor, run by you. Great apr8s -ski group fun. • On powder days in Park City, locals c arge to upiter Bowl and the other well -known trails to make rust tracks. Tip: To get away from the crowd, take the King Consolidated lift for 1,245 feet of some of the most beautiful, consistently pitched upper- inter- mediate /advanced skiing in the Wastach, where you can make big, smooth turns and just have a ball. Since locals don't bother with it —and steep freaks don't go for it --the snow lasts. EDITED BY 51 FIommo THE FLAB IN ASPEN M rddle -aged Aspen bodies m search of more slen- der lines are queuing up to sweat it out one -on -one with Jean -Robert Barbette. In his mirror- and -brick- lined, chrome- adorned gym. this Belgian-born trainer designs personal fitness pro- grams to beef up the muscles needed for skiing (or sports of another flavor). Jean- Robert's average client is age 50, so programs are customized to not only bulk up muscles but to stretch tense ones fur better posture, tighten sagging guts and strengthen aching backs. He'll even craft a program utilizing a stick and weights to use at home or when you're on the road. Book early so he can fit you in. Between monoskiing and personalizing programs for Olympians, movie stars and the merely wealthy who solicit his services at $75 an hour. he's in demand. The fee includes massage and a com- puter printout of your new routine. Call: (303) 920- 9049. — [wri.s Friedland Jean - Robett m akes Perspir a little m ore i insPir i 1= ASPENTITKIN PLANNING OFFICE Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Jean Robert sarbette (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for 1) Text Amendment allowing conditional Use in Office (0) Zone for Health and Fitness Facilities; 2) Conditional Use Permit for #1) if approved. (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 77 (Series of 1992) establishes a fee structure for Planning Office 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 to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. 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 approval, unless current billings are paid in full prior to decision. February 14, 1995 City of Aspen Attn: Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Jean Robert Barbette Land Use Code Text Amendment Application /Conditional Use Permit Application Dear Ladies and Gentlemen: Pursuant to the requirements of Attachment 2, Item No. 1 of the City of Aspen Land Use Application, I am supplying the following information: a. Applicant's name, address and telephone number are: Jean Robert Barbette 720 East Hyman Ave. Aspen, Colorado 81612 Phone: (303) 920 -9049 b. The name, address and telephone number of the representative authorized to act on my behalf is: Scott Harper, P.C. by: Scott Harper Attorney at Law 201 North Mill St., Suite #106 Aspen, Colorado 81611 Phone: (303) 925 -5625 barbette \attach.twc Very truly yours, EXHIBIT "A" LEGAL DESCRIPTION Pursuant to the requirements of Attachment 2, Item No. 2 of the City of Aspen Land Use Application, the legal description of the parcel on which the conditional use is proposed to occur is: The Aspen Athletic Club Building Condominium, according to the Map thereof recorded in Plat Book 5 at Page 45, and according to the Amended Map thereof recorded in Plat Book 6 at Page 74, and as defined and described in the Condominium Declaration thereof recorded in Book 322 at Page 370 and the Amended Condominium Declaration recorded in Book 343 at Page 402. Excepting therefrom the Aspen Athletic Club Unit, according to the Map thereof recorded in Plat Book 5 at Page 45, and according to the Amended Map thereof recorded in Plat Book 6 at Page 74, and as defined and described in the Condominium Declaration thereof recorded in Book 322 at Page 370 and the Amended Condominium Declaration recorded in Book 343 at Page 402, County of Pitkin, State of Colorado. barbette \legal.description R. r r &; as box AT aspen ,cc . �4 S DATE: 2-14-74 Robin Molny RE: 1020 East Hyman Block 33, Lots R & S This is to say that in the context of the existing system this area has adequate access and water supply for FIRE PROTECTION. Yours truly, '7 William F. Caille Fire Marshall , ig and Zoning Commission f Aspen all Colorado 81611 and Gentlemen: June 12, 1974 Re: Application for Exemption from Subdivision - CDES Building Application is hereby made for appropriate action of the Lcknowledging that condominiumization of the proposed CDES Building iot require subdivision approval, in addition to the Ordinance 19 :her Planning Commission review approvals now being sought. As grounds for this request, the applicant shows as follows: 1. Sec. 20 -10 of the Aspen Municipal Code, Subdivisions, provide for the granting of "exemptions from the definitions of a subdivision" in such cases. Specifically, Sec. 20 -10(c) provides as follows: "In a case where land being divided into condominium interests has, prior to the effective date of this Ordinance, been platted into lots and blocks by plat recorded in the office of the Pitkin County Clerk and Recorder, such subdivision of land shall be exempt from the definition of a subdivision set forth in Section 20 -2(a) when, in the judgment of the Planning Commission, such platted land fulfills all pertinent design requirements contained in Section 20 -7 of this Chapter." 2. Sec. 20 -7 related to design requirements for street, surfacing, lines, sewers, and other considerations such as lot size, physical ds, availability of utilities, curbs, gutters, bridges, and the like. this type will enable ial ownership spaces. The .nning Commission -f the exemption .firm that provisions of roval. respectfully e minutes of tative) t, , ig and Zoning Commission f Aspen all Colorado 81611 and Gentlemen: June 12, 1974 Re: Application for Exemption from Subdivision - CDES Building Application is hereby made for appropriate action of the Lcknowledging that condominiumization of the proposed CDES Building iot require subdivision approval, in addition to the Ordinance 19 :her Planning Commission review approvals now being sought. As grounds for this request, the applicant shows as follows: 1. Sec. 20 -10 of the Aspen Municipal Code, Subdivisions, provide for the granting of "exemptions from the definitions of a subdivision" in such cases. Specifically, Sec. 20 -10(c) provides as follows: "In a case where land being divided into condominium interests has, prior to the effective date of this Ordinance, been platted into lots and blocks by plat recorded in the office of the Pitkin County Clerk and Recorder, such subdivision of land shall be exempt from the definition of a subdivision set forth in Section 20 -2(a) when, in the judgment of the Planning Commission, such platted land fulfills all pertinent design requirements contained in Section 20 -7 of this Chapter." 2. Sec. 20 -7 related to design requirements for street, surfacing, lines, sewers, and other considerations such as lot size, physical ds, availability of utilities, curbs, gutters, bridges, and the like. this type will enable ial ownership spaces. The .nning Commission -f the exemption .firm that provisions of roval. respectfully e minutes of tative) :Asven Pateaux Tonbominium .Rentals,Jnr. 731 E. Durant P.O. Box 4949 Aspen, Colorado 81611 (303) 925 -1400 August 28, 1975 ASPEN PLANNING AND ZONING COMMISSION RE: CDES Building: Request for Conditional Use of Athletic Facility in Basement Gentlemen: When the CDES Building was originally approved, the plans showed an Athletic Club with two handball courts in the basement. In addition, the basement contained 1600 square feet of office space. The originally approved plan is attached as Exhibit A. Subsequent investigation of the feasibility of a downtown Athletic Facility has revealed that it would seem to be more advisable to expand the facility to include a squash court and a weight and work -out room. Therefore, we have submitted for your approval a revised basement floor plan (Exhibit B) eliminating the 1600 square feet of office space and expanding the Athletic Facility to take in virtually the entire basement with the exception of a mechanical room and a small storage area. We feel that approval of this conditional use is in the best interest of the city as it will enable us to offer the local resident a more complete Athletic Facility. In addition, elimination of the basement office space which would normally employ 12 -18 people and replacing it with an Athletic Facility which will employ no additional personnel will result in less traffic and congestion around the building. CDES BUILDING Nick Coates Jim Daggs Dale Eubank Dwight Shellman NC /feb Chateau Roaring Fork — Chateau Eau Claire — Chateau Snow — Der Berghof Aspen Block — Seasons 4 — Inns of Court r ASPEN /PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Planning Staff (HC) RE: CDES Building - Conditional Use of Athletic Facility DATE: September 11, 1975 This is a request by representatives of the CDES Building for expansion of the athletic facility located in the basement of the CDES Building. The CDES building has been issued a building permit which included an athletic club. The applicant wishes to expand the athletic facility by 1600 feet and thereby eliminate the basement office space. The applicants letter is attached, and building plans will be available at the Planning and Zoning meeting. The r2commendation of the Planning Office is to grant the request for the expansion of the facility as it simply replaces rental office space. However, due to the delayed construction of this project and resultant extended occupation of City street space we would recommend conditioning the approval on construction of 10% of the value of the building within 120 days. The Building Code presently does not stipulate what specific construction is necessary for keeping this additional requirement to be in the best interests of Aspen residents. Memorandum to City Council - Representing Includion on the Agenda of October 27, 1975 [! The CDES building, now re -named as the Aspen Athletic Club Building, was granted a building permit under ordinance 19 in September, 1974. As approved, the building is located issiediately adjacent to the west property lire, with a blank firewali anticipating a future building of similar height and density to be constructed on the adjacent property at a future date. Due to financing difficulties experienced nationwide, it was not possible to dilogently pursue construction until the present time. In the elapsed time, however, zoning in the immediate area has changed, reducing both building height and density. Without changing tae floor plans or building orientation, it is the desire of the owners to move the building five feet from the west property line towards the east property line. The accrued benefits are enumerated below. 1. The previously mentioned blank firewall facing towards downtown and currently one full story higher than an adjacent building can be built and will be enhanced by the addition of windows. 2. There is a large cottonwood tree immediately . adjacent to the west property line. The building I as already been designed with a cut out in the foundation to accommodate the root system of this tree but moving the building would further insure that it can be saved. 3.. If proposed zoning changes of the immediate area are enacted, a minimum mid block open space of ten feet between the office building and a future development to the west will result. Since the owners have made an agreement with the city to complete a specified amount of construction by December 1 of this year, it is important that this request be given your earliest attention. - r - TO: Aspen Planning and Zoning Commission FROM: Planning Office SUBJECT: CDES - Ord. 19 Final Review s DATE: 7/2/74 Conditions of preliminary approval: 1. Covenant uses of the enclosed arcade space. 2. No on site parking. Bd. of adjustment has granted a variance to buy out parking. 3. Applicant agree to provide 12 bedrooms of employee housing off site. CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that NELIGH C. COATES, JR. is the owner in fee simple of the following described property: THE ASPEN ATHLETIC CLUB BUILDING CONDOMINIUMS, according to the Map thereof recorded in Plat Book 5 at Page 45, and according to the Amended Map thereof recorded in Plat Book 6 at Page 74, and as defined and described in the Condominium Declaration thereof recorded in Book 322 at Page 370 and the Amended Condominium Declaration recorded in Book 343 at Page 402. EXCEPTING THEREFROM THE ASPEN ATHLETIC CLUB UNIT, according to the Map thereof recorded in Plat Book 5 at Page 45, and according to the Amended Map thereof recorded in Plat Book 6 at Page 74, and as defined and described in the Condominium Declaration thereof recorded in Book 322 at Page 370 and the Amended Condominium Declaration recorded in Book 343 at Page 402. COUNTY OF PITKIN, STATE OF COLORADO. ENCUMBRANCES: Deed of Trust from : Neligh C. Coates, Jr. to the Public Trustee of the County of Pitkin for the use of : Alpine Bank, Aspen to secure : $1,008,000.00 dated : February 19, 1993 recorded : February 24, 1993 in Book 704 at Page 458 reception no. : 354295 Subject to easements and rights of way of record. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PIT COUNT T I E, INC. BY: ' s gnature CERTIFIED TO: //Febivary 1, 1995 @ 8:00 A.M. PUBLIC NOTICE RE: AMENDMENT TO THE TEST OF THE CITY OF ASPEN LAND USE CODE REGULATIONS CHAPTER 24 OF THE ASPEN MUNICIPAL CODE NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, May 8, 1995 at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Jean Robert Barbette requesting an amendment to Section 24- 5- 213(C) of the Land Use Code to allow a health and fitness facility as a conditional use in the Office (0) zone district. For further information, contact Kim Johnson at the Aspen /Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920 -5100 9/John Bennett, Mayor Aspen City Council Published in the Aspen Times on April 22, 1995 City of Aspen Account PUBLIC NOTICE RE: BARBETTE CONDITIONAL+ USE REVIEW AND AMENDMENTS TO THE TEXT OF THE CITY OF ASPEN LAND USE CODE REGULATIONS, CHAPTER 24 OF THE ASPEN MUNICIPAL CODE NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 21, 1995 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Jean Robert Barbette requesting an amendment to Section 24- 5- 213(C) of the Land Use Code to allow a health and fitness facility as a conditional use in the Office (0) zone district, and also requesting Conditional Use Review approval for a health and fitness facility. The property is located at 720 E. Hyman Avenue; Aspen Athletic Club Building Condominium. For further information, contact Kim Johnson at the Aspen /Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920 -5100 s /Bruce Kerr Chairman Aspen Planning and Zoning Commission Published in the Aspen Times on March 4, 1995 City of Aspen Account 21 < I I 1 i r � 40 A1W OJUC5 OF Scott Harper PROMMOKU OMOMMOP 701 NORTH Affil. STRM SMITE 106 ASPEN, COLOW0 61611 December 1, 1995 VIA FAX TO 920 -5439 Bill Dreuding City of Aspen Zoning Department 130 South Galena Street Aspen, Colorado 91611 Re: Barbettellean Robert's Gym Dear Bill: =) qu-w6 7E alwi A W) s! &5663 This letter is in response to your request to provide you with a written response before 11:00 am. today regarding the complaint repently lodged by Herb Klein concerning Jean- Robert conducting personal tra ining classes at his gym for small groups. Since I first learned of this complaint from lean- Robert yesterday afternoon I have not had sufficient time to fully research the issue at hand. Following are my comments based upon the limited review I have had an opportunity to conduct at this time. It is my understanding from our telephone conversation yesterday that you believe that Jean - Robert's fitness classes are in violation of Condition No. 2 of the approval for Jean - Robert's health and fitness facility, which states that: 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. Although it is my recollection that it was represented that one -on -one training was the main emphasis of Jean- Robert's operation, and this does in fact continue to be the case, I do not recall nor believe it to be the case that any representation was ever made that all training sessions would be limited to one-on -one. In partial support of the fact that these small classes do not violate the existing approval I would refer you to Condition No. 1 of the approval, which states that "No more than seven full time equivalent employees shall be associated with this facility." If, for example, seven trainers were to conduct one- on-one sessions at the same time there would be fourteen persons training at one time. Although this is not how sessions are conducted at the gym, it is however clear from the approval language that it is allowable. Training by one trainer of a small group of an AlgnH 'R I H')T?IM WkiSS : TT SS, TO 33Q Bill Drueding City of Aspen Zoning Department December 1, 1995 Page 2 average size of 5 people at one time would result in a lesser impact on traffic patterns in the building than the currently allowed uses. In order to further research this matter, it would be helpful if you could provide me with some more specific information concerning the objection at hand. Is the concern about traffic patterns within or without the building, noise generation or some other couceW Jean - Robert informs me that the small group sessions always occur after 6:00 pm. and would consequently have no impact on the other businesses in the building nor result in burdensome traffic patterns within or without the building. It appears that the only way to totally resolve the issue is to examine the minutes and audio tapes of the relevant Planning and Zoning Commission meetings. If you or someone on your staff plans to do this please let me know what you are able to det emmtra In the meantime, despite the foot that my initial cursory review of the matter reveals no violation of the approval, ion-Robert has asked me to convey his desire to continue to cooperate and work with you in any way possible in order to resolve this matter. Please give me a call at your earliest convenience with any additional comments.you may have that would help us in that regard. As I mentioned to you yesterday, the timing of this complaint is unforamate in that I have depositions starting on Monday in artother matter that will be continuing for the better part of two weeks, but I will do my best to give as much time to this matter as I can during that time. Very truly yours, SCOTT •' s CORPORATION fir► cc: Barbette EAREETTEOREi1DING.I.TR 1�� l -2, C- � /Jo 1 6 C�D WS� PA-6 I x'-) t� d � ul."- - C ` z l rl O ri a �A � 0 _J :C/i .o �a +_+ 7 m a m„ :0 C N ;° o � C 0 z � V Aa P4 Z a O W z N-4 z L ' e H U V M 0 0 2 v oz N �o Ki v.a � � S rj) d r- �S U v � C S b v� N a a a Wd a m a Wo w a m 43 W N (d V] L -� d 0 � y Z c W O 0. O O w . v I cn v 9 P •• C * 0 •H C ( 0 :3 C Q O O v� N r id O N000 r(i 00 \,D ro Cd y�cnv}{ v - O .:J Y/ y ti cw; v p .. p 54 Q W _ cz b 0 0 L4 " a 3 x _J :C/i .o �a +_+ 7 m a m„ :0 C N ;° o � C 0 z � V Aa P4 Z a O W z N-4 z L ' e H U V M 0 0 2 v oz N �o Ki v.a � � S rj) d r- �S U v � C S b v� N a a a Wd a m a Wo w a m 43 W N (d V] L W a d 0 � y Z c W O 0. O O w . a _J :C/i .o �a +_+ 7 m a m„ :0 C N ;° o � C 0 z � V Aa P4 Z a O W z N-4 z L ' e H U V M 0 0 2 v oz N �o Ki v.a � � S rj) d r- �S U v � C S b v� N a a a Wd a m a Wo w a m 43 W MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: Barbette Conditional Use and Code Amendment for a Health and Fitness Facility in the 11 0" Office Zone District (Public Hearing) DATE: March 21, 1995 SUMMARY: The Planning Office supports a text amendment which would allow a health and fitness facility upon conditional use approval by the Commission. However, staff does not believe, as the language is proposed, that such a use should be limited to a basement or third floor of a structure, nor that there should be a limit of two such uses in any given building. In anticipation of approval of the amendment, staff also supports the proposed conditional use for a health and fitness facility on the third floor of the Aspen Athletic Club Building, located at 720 E. Hyman Ave. This conditional use is being considered concurrently with the text amendment so the applicant would not have to return to the Commission for another public hearing. APPLICANT: Jean - Robert Barbette, represented by Scott Harper LOCATION: The proposed text amendment affects both the downtown area Office zone district and the Main Street Office zone district (map attached as Exhibit "A ") . The conditional use request is specific to the Aspen Athletic Club building located at 720 E. Hyman Ave, Suite 303. ZONING: 0 Office APPLICANT'S REQUEST: The proposed language to add a new conditional use for the O zone reads: 5- 213.C.9. Health and Fitness Facility, provided, however, that (a) no more than two (2) such conditional uses shall be allowed in each structure, and (b) the conditional use shall not be allowed on the first or second floor of any structure. Mr. Barbette decided to apply for a code amendment and conditional use approval because fourteen months ago he rented a lease space in the subject building without knowing that the Office zone district currently does not permit health and fitness facilities. The leasing agent was unaware of the limit also, assuming it was an allowed use because of the existence of the Aspen Athletic Club in the basement. The Athletic Club evidently received a conditional use in 1975. At an undetermined time since then and for undetermined reasons, the code had been changed to eliminate this conditional use option. f Please refer to the history of the Athletic Club in Exhibit "B ". In order for Mr. Barbette's personal training business to remain in this location, the code must be changed to allow this use either as a conditional or permitted use. Other locations which currently allow this type of use are the CC Commercial Core and SCI Service /Commercial /Industrial zones, and within an historic building in the 0 Office zone. Please refer to additional application information, Exhibit "C". The list of permitted and conditional uses for the 0 Office zone are attached as Exhibit "D ". REFERRAL COMMENTS: Housing Office: There will not be an increased employee generation for this use over the allowed office use. Comments were solicited from Zoning and Building Departments. None were returned. PROPOSAL: In addition to the code amendment listed above, the applicant seeks conditional use approval for a personal training operation occupying approximately 2,330 s.f. within the 30,000 s.f. Aspen Athletic Club Building. The lease space will ultimately contain weight training areas, a yoga room, and two locker /shower rooms. In conversations with Mr. Barbette, he indicated that at a maximum his operation will employ 2 -3 persons other than himself, and there will be no more than the same number of clients at any one time as it is a one -on -one type of fitness training program. STAFF COMMENTS: When Mr. Barbette first approached staff with his dilemma, staff was concerned that allowing additional non - office uses in the O zone might be harmful to the availability of office space in Aspen. Because of this concern, we discussed with the applicant ways to limit the applicability of any proposed text amendment. Therefore, the applicant's language includes the limit of 2 health and fitness facilities per building, and only if they do not occupy a first or second floor location. This latter criterion was originally based on: 1) the particular difficulty of this landlord's ability to lease third floor space; and 2) the fact that not all buildings in the 0 zone contain basements, and there are fewer yet that have three or more stories. At the staff's request, the application contains information from some local leasing agents. Providing their professional opinions are Karen Setterfield and Don Fleisher. They state that staff's concern about a lack of vacant office space in the city is not substantiated. Therefore, staff now believes these limits to basement or upper story locations should not be included in the Fa amended text. Also, because of the level of review required for any conditional use, staff believes that the limit of two such uses per building is not necessary. Cumulative impacts on any site will be considered by the Commission. Creating the cap at two facilities is not needed or necessarily desired. Review Criteria for Text. Amendments: A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. response: It is consistent with the basic zoning regulations. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. response: The Commercial /Retail Action Plan within the AACP stresses development of a "neighborhood" office zone, but does not specifically address limits or expansions to the existing Office zone. According to Mr. Barbette's application information, most of his clients are residents of the Aspen area. C. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. response: Ironically, the Office zone currently allows "dance studio" (a similar use to health facility determined by Planning Office policy) within an historic structure. This was meant to be an element of flexibility for owners of older buildings. Therefore, staff believes that the issue of health facilities in proximity to office and residential uses has already received a certain level of acceptance. Additionally, the fact that the large and active Aspen Athletic Club has been in this location for years is some indication that the office /health club juxtaposition can be successful at an appropriate location. D. The effect of the proposed amendment on traffic generation and road safety. response: Because the proposed text calls for conditional use review for each project, traffic and safety will be addressed on a site specific basis. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and 3 emergency medical facilities. response: No adverse impacts are anticipated. All infrastructure facilities are generally in place for the Office zone neighborhoods. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. response: As the proposed change affects urban areas of town, no impacts are expected. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. response: This amendment would not affect the character of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. response: No particular changes are noted. However, as previously mentioned, there appears to be adequate office space available within Aspen such that this amendment would not be a detriment. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. response: This proposal does not conflict with public interest. Review Criteria for Conditional Uses: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, and with the intent of the Zone District in which it is proposed to be located; and response: The proposed use is not contrary to the AACP or the office zone district, as long as the above code amendment is adopted by City Council. As mentioned earlier, the Office zone already allows a similar use (dance studio) in historic structures. 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 ac- tivities in the immediate vicinity of the parcel proposed 4 for development; and response: The Aspen Athletic Club has been at this location for 20 years. Mr. Barbette's business has been open in this building for fourteen months, albeit without approval from Planning and Zoning. There have beenfno complaints to the City regarding Mr. Barbette's operation. According to the application, this personal training type of facility fills a need for Aspen's fitness - oriented residents and guests. 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: The 2,330 s.f. training facility will not measurably affect the other uses in the 30,000 s.f. building or the surrounding neighborhood, especially relative to the level of activity generated by the substantially larger Athletic Club in the basement, for which no complaints have surfaced. 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: These facilities are already in place within the downtown and Main Street areas. No additional impacts are anticipated. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and response: Because of the low number of employees generated by this type of business (four persons maximum), no housing impacts must be mitigated. Utilizing the code's employee generation rates for an office use at 3 employees per 1,000 s.f., this space would theoretically generate 7 employees. Staff recommends placing a limit on no more than 7 employees to match the code's generation figures. F. The proposed conditional use complies with all addi- tional standards imposed on it by the Aspen Area Community Plan and by all other applicable requirements of this chapter. response: No specific AACP standards apply to this conditional use 5 request. STAFF RECOMMENDATION: Staff recommends the following simplified text amendment for the Office zone: 5 -213. C. Conditional usgs f ^Q 9. Health and Fitness Facility Q � Recommended motion: "I move to recommend to Council aip oval of / v an amendment to the Aspen Land Use Regulations to allow health and fi�*^ - " - _j fitness facilities as conditional uses in the O Office zone 6Ae M districts." Staff recommends approval of the Barbette Conditional Use for a (' health and fitness facility with the following conditions: 1) No more than seven full time equivalent employees shall be associated with this facility. 2) 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. 3) This approval is valid only upon final City Council adoption of a code amendment allowing such facilities as conditional uses in the Office zone district. Recommended motion: "I move to approve the Barbette conditional use for a health and fitness facility in the Aspen Athletic Club Building with the three conditions stated in the Planning Office memo dated March 21, 1995 " Exhibits: i " A " Map of O Office Zone Locations "B" History of the Aspen Athletic Club "C" Application Information "D" Permitted and Conditional Uses for " E " Housing Office Referral'Memo the O Office Zone 6 VIA HAND DELIVERY 4 Mr. Bill Dreuding l City of Aspen Zoning Enforcement Office 4 , s 130 South Galena Street Aspen, Colorado 81611 Re: Barbette Conditional Use - Potential Violation of Conditions Dear Bill, I am writing concerning the Jean - Robert Barbette conditional use approval for a health and fitness facility in the office zone district. In March of 1995, Mr. Barbette processed a conditional use application for such a facility in the Aspen Athletic Club building. As part of his application, he represented that his operation would be for personal training. The Planning Office Memorandum on this item dated March 21, 1995, (a copy of which is enclosed) at page two, contains the following language in the paragraph titled, "PROPOSAL ": "In conversations with Mr. Barbette, he indicated that at a maximum his operation will employ 2 -3 persons other than himself, and there will be no more than the same number of clients at any one time as it is a one -on -one type of fitness training program." Mr. Barbette's application was approved by the Planning Commission with the condition contained at page six of the above Memorandum at its subparagraph 2) stating that: "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." It has come to the attention of one of my clients that Mr. Barbette is not operating his facility as a one -on -one training program. It is our understanding that there are classes of up to ten people in size being conducted on a regular basis. Also enclosed is a copy of a recent advertisement verifying this fact. LAW OFFICES OF HERBERT S. KLEIN PROFESSIONAL CORPORATION 201 NORTH MILL STREET SUITE 203 HERBERT S. KLEIN ASPEN, COLORADO 81611 TELLURIDE OFFICE: GEORGE M. ALLEN 1 (303) 925 -8700 P.O. BOX 215 MILLARD J. ZIMET• TELECOPIER (303) 925 -3977 300 WEST COLORADO AVENUE JACQUELINE K LISLE SUITE 2B WILLIAM L. LAWRENCE' TELLURIDE, COLORADO 81435 (303) 7285151 'also admired in Hawaii 'also admired in New York TELEC 728 -3069 'also admilled in Terns November 2, 1995 fiy C VIA HAND DELIVERY 4 Mr. Bill Dreuding l City of Aspen Zoning Enforcement Office 4 , s 130 South Galena Street Aspen, Colorado 81611 Re: Barbette Conditional Use - Potential Violation of Conditions Dear Bill, I am writing concerning the Jean - Robert Barbette conditional use approval for a health and fitness facility in the office zone district. In March of 1995, Mr. Barbette processed a conditional use application for such a facility in the Aspen Athletic Club building. As part of his application, he represented that his operation would be for personal training. The Planning Office Memorandum on this item dated March 21, 1995, (a copy of which is enclosed) at page two, contains the following language in the paragraph titled, "PROPOSAL ": "In conversations with Mr. Barbette, he indicated that at a maximum his operation will employ 2 -3 persons other than himself, and there will be no more than the same number of clients at any one time as it is a one -on -one type of fitness training program." Mr. Barbette's application was approved by the Planning Commission with the condition contained at page six of the above Memorandum at its subparagraph 2) stating that: "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." It has come to the attention of one of my clients that Mr. Barbette is not operating his facility as a one -on -one training program. It is our understanding that there are classes of up to ten people in size being conducted on a regular basis. Also enclosed is a copy of a recent advertisement verifying this fact. Mr. Bill Dreuding November 2, 1995 Page 2 I would appreciate your initiation of an investigation into this matter and determination as to whether or not a violation is presently occurring. The impacts associated with the conditional use were evaluated by the Planning Commission on the basis of Mr. Barbette's representations. It is quite apparent that the number of people using the facility in ten person classes will be significantly higher than those approved based on the representation of a one -on -one personal training program, and that the impacts associated with group classes were not presented for consideration by the Planning Commission at the time they gave the approval to Mr. Barbette. Please feel free to call me if you have any questions concerning this matter. Thank you very much for your cooperation. I look forward to hearing from you shortly after you have undertaken a review of this matter. Very truly yours, HERBERT S. KLEIN PROFESSIONAL CORPORATION /> By: Herbert S. Klein Enclosure UNIFORM CODE ENFORCEMENT POLICY FOR THE CITY OF ASPEN The City of Aspen is charged with the enforcement of numer- ous state and municipal laws and regulations designed and intend- ed to protect and enhance the public health, safety and welfare. Such regulations entail, for example, building and zoning codes, environmental and health codes, business licensing regulations, and regulations governing the use of public rights -of -way and other public property. In order to promote consistency, predict- ability and fairness relevant to code enforcement activities, the following policies have been devised to guide code enforcement personnel (excepting Aspen Police Department and Parking Enforce- ment personnel) in the execution of their enforcement duties and responsibility. Because the nature and necessity of code en- forcement is often dependent upon the particular facts associated with any given situation or event, as well as the availability and extent of enforcement resources, flexibility and sound judgment should always be foremost in the execution of code enforcement activities. Consistent therewith, the following policies are not intended to mandate hard and fast rules to be applied in all circumstances at all times, nor should they be interpreted or applied in a manner that would conflict with preexisting ordinances or other regulatory measures. Rather, the policies are to act as guidelines in assisting enforcement personnel toward a fair and consistent application of municipal regulations. STATEMENTS OF POLICY 1. All code enforcement personnel shall be properly trained to carry out their assigned duties and take an oath or affirmation as administered by the City Clerk to faithfully perform such duties and to uphold and enforce the regulations, ordinances and laws of the City of Aspen and state of Colorado. 2. Code enforcement personnel shall normally utilize a progressive method of code enforcement in exercising their enforcement duties. Except when circumstances warrant more immediate or forceful action, code or regulatory violations shall be addressed as follows: a. Whenever reasonably possible, direct personal contact shall be made by the enforcement officer with the viola- tor and /or his representative. If personal contact cannot reasonably be accomplished, then written notification of the violation in the form specified below shall be left with an appropriate person or posted at a conspicuous location appropri- ate to the violation. Attorney's office regarding the initiation of an injunctive or declaratory relief action in civil court to secure compliance with ordinances or regulations, or to restrain and enjoin ongoing or continual ordinance or regulatory violations. 3. Whenever necessary to make an inspection to enforce any ordinance or regulation, or whenever a code enforcement officer has reasonable cause to believe that there exists in or upon any premises a code violation, such officer may approach and enter upon or into such premises in an unforced manner at all reason- able times to inspect such premises or perform any duty imposed upon the enforcement officer by state or local law or regulation, provided that if the premises be occupied, the officer shall first present his or her credentials and request access or entry. If the subject premises be unoccupied, the enforcement officer shall make a reasonable effort to locate the owner or other appropriate person having control or charge of the premises and request entry or access. If contact cannot be made with an owner or other appropriate person and the current situation or status of the premises does not warrant immediate access, then the enforcement officer shall delay entry on to the subject premises until such time as contact with the owner or an appropriate person can be obtained. If entry or access is refused, the enforcement officer shall leave the subject premises and consult with the City Attorney concerning the necessity of obtaining a search warrant. All questions or doubts concerning the propriety of any inspection or investigation to be conducted on private property shall be resolved in favor of delaying such inspection or investigation until after full consultation with the City Attorney. 4. Code enforcement personnel shall respond to a complaint or information concerning an alleged code violation within a reasonable period of time taking into consideration available resources and current caseload. Normally, a response should be rendered within ten (lo) days from receipt of a complaint. Response time will vary depending on the nature of the alleged violation -and or the frequency of same. Enforcement personnel shall document all response activity and shall insure that each complaint and enforcement action shall be brought to resolution or closure within a reasonable time period. No complaint or enforcement action shall be left open and or unresolved. 5 In accordance with Section 1 -14 of the Municipal Code, whenever any law or regulation vests in an enforcement officer authority to direct, approve, or permit any act, such authority shall encompass only such discretion as to determine whether the law or regulation is applicable and whether it has been complied with. No ordinance, law or regulation shall be construed to vest 3 jr� s �w• �'ur/� G- N; 3� 4r�