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HomeMy WebLinkAboutLand Use Case.465 N Mill St.A080-01465 N. Mill Othelo Sk8 2737-073-00048 A080-01 at C U .31 COMMUNITY DEVELOPMENT DEPARTMENT �x 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: �^ 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1163 City Engineer 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection 1079 Aspen Fire Other Fees: 1006 Copy 1165 Remo Fee 1302 GIS Maps 1303 GIS Fee 1481 Housing Cash in Lieu 1383 Open Space Cash in Liej 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1 164 School District Land Ded. NAME: l_/ I V I V—( 1 t ADDRESS/PROJECT: PHONE: CHECK#^7/ CASE/PER�IT#:�(', r� # OF COPIES: DATE: INITIAL: 0 • CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY A080-01 2737-073-00048 Othello's Sk8 Shop Conditional Use #2- First one became 465 N. Mill St. ste. #5 Sarah Oates Conditional Use Othello Clark Paula Brodin 10/2/01 Reso. #39-2001 Approved 11 /5/01 J. Lindt PARCEL ID:12737-073-00048 � 6/3/01 # COPIES: I - CASE NOIA080-01 CASE NAME: Othello's Sk8 Shop Condfional Use #2- First one became TU PLW '�'" � Gr� /1.. PROD ADDR: 465 N. Mill St. ste. #5 ASE TYP: Conditional Use MMMMMTSTEP VGl OWN/APP: Othello Clark D 465 N. Mill St., ste #5 C!SlZ: Aspen/CO/81611 PHN: 948-5752 REP: Paula Brodin ADR: 465 N. Mill St., ste #5 C/S/Z: Aspen/CO/81611 PHN• (970)618-1050 I" FEES DUE: 500 D FEES RCVD: 500 STAT: REFERRALS (� REF: BY]� DU " MTG DATE REV BODY --Pit NOTICED REMARKS CLOSED:— BY: PLAT SUBMITD: PLAT DATE OF FINAL CITY COUN DRAC: ADMIN; e- . * S IS dA�O\ alVd / r GIC 4(offr MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director, }A-K--) FROM: Sarah Oates, Zoning Officet7sz) RE: Othello's Sk8 Shop Conditional Use - Public Hearing 465 N. Mill Street, Suite 5 DATE: October 2, 2001 SUMMARY: Paula Brodin, representing Othello Clark and Othello's Sk8 Shop, owner, has applied for a conditional use approval for a rental and sales skateboard establishment at 465 N. Mill Street, located in the Service/Commercial/Retail (SCI) Zone District. The business also will include the repair of skateboards, which is a permitted use in the SCI district as this district allows for the "manufacturing, repair, alteration, tailoring, and servicing of consumer goods such as household appliances, electronic equipment, furniture, clothing, or sporting goods. " The rental and sales uses are conditional uses based on their potential impacts. The sales and rental of consumer goods such as household appliances, electronic equipment, furniture, clothing or sporting goods are a conditional uses in the SCI zone district. The applicant is proposing dedicating 200 square feet of the floor space to retail sales and the rest of the 870 square feet to the rental and repair of skateboards, along with the installation of a half -pipe for customers to practice on and demo boards. The applicant is also proposing to charge customers a fee for the use of the half pipe which creates a recreational use. As a recreational use is not an allowed or permitted use in the SCI zone district, the Planning and Zoning Commission does not have the authority to grant such a request. Staff does not support this application, as the purpose of the SCI zone district is to "allow for the use of land for the preservation or development of limited commercial and industrial uses which: may not be appropriate in other zone districts; do not require or generate high customer traffic volumes; are primarily oriented to the manufacturing, repair, storage, and servicing of consumer goods 0 0 and have a limited office, showroom, retail, or customer reception area; and, to permit artist's studios. " Staff does not feel this proposal complies with the purpose of the zone district. Staff recommends denial of the Conditional Use for Othello's Sk8 Shop at 465 N. Mill Street, Suite 5. APPLICANT: Othello Clark, owner. Represented by Paula Brodin. LOCATION: 465 N. Mill Street, Suite 5 ZONING: Service Commercial/Industrial. (SCI) CURRENT LAND USE: Vacant. PROPOSED LAND USE: Repair, retail sales and rental of skateboards and related equipment. PREVIOUS ACTION: The Planning and Zoning Commission has not previously considered this application. REVIEW PROCEDURE: Conditional Use. With a recommendation from the Planning Director, the Commission may approve, approve with conditions, or deny a conditional use application at a public hearing. BACKGROUND: The SCI Zone District provision underwent a re -write in 1999 to maintain the district for limited commercial and industrial uses. The SCI Zone District provisions are attached. STAFF COMMENTS: Review criteria and staff findings have been included as Exhibit "A." SCI Zone District provisions are attached as Exhibit `B." The application is attached as Exhibit "C." RECOMMENDATION: Staff recommends the Planning and Zoning Commission deny the Conditional Use for Othello's. If the Planning and Zoning Commission chooses to approve the application staff recommends the following conditions: 2 • • 1. That the use of the half pipe for a fee not be permitted until such time, and if, there is a code amendment to allow for a recreational use in the SCI zone district. 2. The applicant shall make the necessary alternations to ensure the half pipe area is soundproofed and the noise does not cause a nuisance to the neighboring tenants. 3. Prior to issuance of a business license, the applicant shall demonstrate to the satisfaction of the Housing Office that the proposed use does not generate more employees than the previous businesses. 4. Any expansion or other significant change in the operation of this use will be subject to all applicable requirements of the Municipal Code which may include conditional use approval from the Planning and Zoning Commission. 5. The applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 6. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to deny the Conditional Use for Othello's Sk8 Shop at 465 N. Mill Street, Suite 5." ALTERNATIVE MOTION: "I move to approve the Conditional use for Othello's Sk8 Shop at 465 N. Mill Street, Suite 5, with the conditions outlined in the Staff memo dated July 6, 1999 ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- SCI Zoning Ordinance Exhibit C -- Application • RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING THE OTHELLO'S SK8 SHOP CONDITIONAL USE FOR THE SALE AND RENTAL OF SKATEBOARDS Resolution #01 - 3-9 WHEREAS, the Community Development Department received an application from Othello Clark of Othello's Sk8 Shop, owner, represented by Paula Brodin, for conditional use approval for a the sale and rental; and, WHEREAS, the subject parcel is located in the Service/CommerciaWndustrial Zone District in which the sales and rental of consumer goods such as household appliances, electronic equipment, furniture, clothing or sporting good uses may be approved by the Planning and Zoning Commission pursuant to Section 26.425 of the Municipal Code; and, WHEREAS, the proposed business will also include the repair of skateboards and a half pipe available free of charge; and, WHEREAS, the Community Development Department reviewed the proposal and recommended denial; and, WHEREAS, during a public hearing at a regular meeting on July 6, 1999, the Planning and Zoning Commission approved by a to vote the Othello's Sk8 Shop Conditional Use for a retail and rental establishment to be located at 465 N. Mill Street, Suite 5, with the conditions recommended by the Community Development Department. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Othello's Sk8 Shop Conditional Use for a retail and rental establishment be approved with the following conditions: That the use of the half pipe for a fee not be permitted until such time, and if, there is a code amendment to allow for a recreational use in the SCI zone district. 2. The applicant shall make the necessary alternations to ensure the half pipe area is soundproofed and the noise does not cause a nuisance to the neighboring tenants. 3. Prior to issuance of a business license, the applicant shall demonstrate to the satisfaction of the Housing Office that the proposed use does not generate more employees than the previous businesses. 4. Any expansion or other significant change in the operation of this use will be subject to all applicable requirements of the Municipal Code which may include conditional use approval from the Planning and Zoning Commission. 5. The applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page • • recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 6. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on October 2, 2001. APPROVED AS TO FORM: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk c:\home\saraho\planning\conditionaluse\Othello.doc PLANNING AND ZONING COMMISSION: Jasmine Tygre, Chair EXHIBIT A STAFF COMMENTS Section 26.425.040, Standards Applicable to all Conditional Uses (A) The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located. Staff Finding: The SCI zone district standards and uses were revised in 1999 in an effort to return the zone district to its intended purpose of being oriented toward the manufacturing, repair, storage and servicing of consumer goods. Further, under the purpose of the SCI zone district, it states that uses in that zone district should not "require or generate high customer traffic volumes. " The nature of the business requires high customer traffic volumes to be successful. Also, staff does not feel the proposal for Othello's Sk8 Shop is consistent with the intent of the zone district or the standards of the AACP. (B) The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Staff Finding: Staff feels that although there are similar land uses in the area, these uses are legal non - conformities which were eliminated as permitted and/or conditional uses during the last revision of the SCI zone district. (C) The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Staff Finding: The location at 465 N. Mill Street is currently under parked for the existing businesses, although the clientele for Othello's Sk8 Shop will probably not heavily impact vehicular impacts. Staff believes there will be increased pedestrian impacts, but the visual impacts, parking, trash, service delivery and odor will be no more significant than any other business. The noise and vibration should be alleviated by the installation of sound proofing for the half pipe. (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. Staff Finding: There are adequate facilities to serve the proposed use. The are sufficient roads, public utilities, site improvements, emergency services, and fire protection systems for this use. (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Staff Finding: As part of the condition of approvals, the applicant must provide employee generation numbers to the Housing Authority. (F) The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. Staff Finding: Staff does not believe this proposed use is consistent with the AACP or the requirements of this title. The 2000 AACP Action Plan sought to increase SCI areas in the City of Aspen and allowing a use that does not fit the intended purpose of the zone district effectively decreases the availability of space for more appropriate uses. ORDINANCE NO.2 (SERIES OF 1999) AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF ASPEN, COLORADO, TO AMEND SECTION 26.28.160, THE SERVICE/COMMERCIALANDUSTRIAL (S/C/I) ZONE DISTRICT, AND SECTION 26.04.100, DEFINITIONS, OF THE ASPEN MUNICIPAL CODE WHEREAS, the Planning and Zoning Commission expressed concerns about current and potential future land uses in the Service/Commercial/Industrial (S/C/I) Zone District which may be in conflict with the spirit and intent of the zone district; and, WHEREAS, the Community Development Department (staff) realized there could potentially be several business and land owners affected by enforcement measures and suggested a thorough.review of the S/C/1 Zone District by the Commission be done first to allow City Council the opportunity to confirm or amend the zoning before considering the most appropriate enforcement procedures; and, WHEREAS, the Planning and Zoning Commission initiated an amendment to the text of Title 26 of the Municipal Code, pursuant to Section 26.92, and staff brought forward to the Commission an analysis of the S/C/I Zone district and suggested modifications to said zoning; and, WHEREAS, pursuant to Section 26.92, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and approved, approved with conditions, or denied by the City Council at a public hearing after recommendations from the Planning Director and the Planning and Zoning Commission are considered; and, WHEREAS, the Planning and Zoning Commission held a work session on the topic October 21, 1997, opened a duly noticed public hearing on November 18, 1997, continued to January 6, 1998, continued to January 20, 1998, continued to February 17, 1998, continued to March 10, 1998, and then continued to March 31, 1998, to consider the existing zoning requirements for the S/C/I Zone District along with the recommended amendments brought forward by staff, and, WHEREAS, the Planning and Zoning Commission, during the public hearing, considered the overall importance of the S/C/I Zone District's function within a traditional town setting and within the entire inventory of zoning classifications in Aspen, considered actual land uses within the zone district, evaluated the intent of the zone district through the "purpose" statement, amended said "purpose" statement to clarify and reflect the goals of the zone district, evaluated the permitted and conditional uses and dimensional requirements of the zone district, amended said uses and dimensional requirements of the zone district to support the "purpose" statement, and finally reviewed the proposed S/C/l Zone District amendments in summation before making a recommendation to the Council; and, Ordinance No. 2, Series 1999 Page 1 WHEREAS, during a public hearing at a meeting on March 31, 1998, the Planning and Zoning Commission recommended, by a 4 to 2 vote, that City Council approve the amendments to the Service/Commercial/Industrial Zone District, as described in Aspen Planning and Zoning Commission Resolution #98-26; and, WHEREAS, City Council reviewed and considered the recommendations of the Community Development Director and the Planning and Zoning Commission during a work session with planning staff and the Planning and Zoning Commission and provided staff with'a request to include new and amended definitions in the Ordinance; and, WHEREAS, during a duly noticed public hearing at a regularly scheduled meeting on October 6, 1998, the Planning and Zoning Commission took and considered public testimony and recommended, by a 7 to 0 vote, that City Council approve the amendments to Definitions, Section 26.04.100, as described in Aspen Planning and Zoning Commission Resolution #98-28; and, WHEREAS, the City Council finds that the amendments to the Service/Commercial/ Industrial (S/C/I) Zone District and to the Definitions section, as described herein, meet or exceed all applicable standards and that the approval is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance fiirthers and is necessary for the promotion of public health, safety, and welfare.. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Section 26.28.160 of the Aspen Municipal Code, which section defines, authorizes, and regulates uses within the Service/CommercialAndustrial (S/C/I) Zone District, is hereby amended to read as follows: 26.28.160 Service/Commercial/Industrial (S/C/1). A. Purpose. The purpose of the Service/Commercial/Industrial (S/C/1) zone district is to allow for the use of land for the preservation or development of limited commercial and industrial uses which: may not be appropriate in other zone districts; do not require or generate high customer traffic volumes; are primarily oriented to the manufacturing, repair, storage, and servicing of consumer goods and have a limited office, showroom, retail, or customer reception area; and, to permit artist's studios as well as customary accessory uses, including affordable residential dwelling units accessory to permitted uses. Ordinance No. 2, Series 1999 Page 2 B. Permitted uses. The following uses are permitted as of right in the Service/Commercial/Industrial (S/C/I) zone district. Except as noted below, each of the permitted uses may have, in combination, no more than 25% of its floor area devoted to retail sales, office, showroom, or customer reception. This floor area percentage may be increased through conditional use review by the Commission. 1. Building materials, components, and equipment, fabrication, sales, rental, repair, and servicing with up to 100% of the floor area devoted to office, showroom, retail, or customer reception use. 2. Automobile and motorcycle repair, servicing, and detailing. 3. Automobile and motorcycle parts sales with up to 100% of the floor area devoted to office, showroom, retail, or customer reception use. 4. Fabric and sewing supply with up to 100% of the floor area devoted to office, showroom, retail, or customer reception use. 5. Manufacturing, repair, alteration, tailoring, and servicing of consumer goods such as household appliances, electronic equipment, furniture, clothing, or sporting goods. 6. Building maintenance facility. 7. Typesetting and printing. 8. Commercial kitchen. 9. Design Studio. 10. Artist's Studio. 11. Rehearsal or teaching studio for the creative, performing, and/or martial arts with no public performances. 12. Locksmith. 13. Post office. 14. Animal grooming establishment. 15. Warehousing and storage. 16. Service yard accessory to a permitted use. 17. Home occupations. 18. Accessory buildings and uses. 19. Other similar uses considered appropriate as a permitted use by the Community Development Director, pursuant to Section 26.112 Interpretations, as amended. 20. Any use established prior to adoption of Ordinance 2, Series 1999, subject to the non- conforming use provisions of Section 26.104, as amended. C. Conditional Uses. The following uses are permitted as conditional uses in the Service/Commercial/ Industrial (S/C/I) zone district, subject to the standards and procedures established in Chapter 26.60. Except as noted below, each of the conditional uses may have, in combination, no more than 25% of its floor area devoted to retail sales, office, showroom, or customer reception unless otherwise approved by the Commission. 1. Gas station. 2. Automobile and motorcycle sales, rental, or washing facility. 3. Sales and rental of consumer goods such as household appliances, electronic equipment, furniture, clothing, or sporting goods. Ordinance No. 2, Series 1999 Page 3 • 0 4. Consignment retail establishment for the second-hand sale of consumer goods such as household appliances, electronic equipment, furniture, clothing, or sporting goods with up to 100% of the floor area devoted to showroom, retail, or customer reception area. 5. Catalogue sales store. 6. Photo processing laboratory with no showroom, retail, or customer reception area. 7. Laundromat. 8. Commercial dry cleaning and laundry. 9. Recycling center. 10. Veterinary clinic. 11. Animal boarding facility. 12. Tattoo parlor. 13. Brewery and brewing supply. 14. Coffee roasting and supply. 15. A permitted or conditional use which demonstrates the need for, and appropriateness of, having, in combination, more than 25% of the floor area devoted to retail sales, office, showroom, or customer reception. 16. Studio, one (1) bedroom, or two (2) bedroom affordable residential dwelling unit(s) accessory to a permitted or approved conditional use, meeting the current net minimum livable square footage requirements for newly deed restricted affordable housing units (as defined by the Aspen/Pitkin County Housing Authority), located entirely above natural or finished grade, whichever is higher, and entirely above any non-residential use within the structure, deed restricted to affordable housing guidelines for Categories 1, 2, or 3. 17. Other similar uses considered appropriate as a conditional use by the Community Development Director, pursuant to Section 26.112 Interpretations, as amended. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Service/Commercial/Industrial (S/C/I) zone district. 1. Minimum lot size (square feet): 3,000 2. Minimum lot area per dwelling unit (square feet): Studio: 625. 1 bedroom: 875. 2 bedroom: 1,125. 3. Minimum lot width (feet): No requirement. 4. Minimum front yard (feet): No requirement. 5. Minimum side yard (feet): No requirement. 6. Minimum rear yard (feet): No requirement. 7. Maximum height (feet): 35. 8. Minimum distance between principle and accessory buildings (feet): No requirement. 9. Percent of open space required for building site: No requirement. 10. External floor area ratio: 1: 1. May be increased to 2:1 provided additional floor area is for affordable housing use only. 11. Internal floor area ratio: No requirement. Ordinance No. 2, Series 1999 Page 4 11 C� E. Off-street parking requirement. The following off-street parking spaces shall be provided for each use in the Service/Commercial/Industrial (S/C/I) zone district, subject to the provisions of Chapter 26.32. 1. Residential uses: Two (2) spaces/dwelling unit. One (1) space/dwelling unit is required if the unit is either a studio or one -bedroom unit. Fewer spaces may be provided pursuant to Chapter 26.60, Conditional Use Review. 2. All other uses: 1.5 spaces/1,000 square feet of net leasable area unless otherwise established through Special Review pursuant to Chapter 25.64. Section 2: Section 26.04.100 of the Aspen Municipal Code, which section contains definitions of terms used in Chapter 26 of the Municipal Code, is hereby amended by the addition of the following terms and their definitions: Design Studio: A workshop primarily devoted to the design or representation of built form, landscapes, consumer products, or graphic arts. Consignment Retail Establishment: A retail establishment in which the operator sells second-hand goods as a third party agent between the buyer and seller. Animal Boarding Facility: An establishment which houses animals overnight or over an extended period of time. Animal Grooming Establishment: An establishment principally engaged in grooming animals in which overnight boarding is prohibited. Veterinary Clinic: A facility maintained by or for the use of a licensed veterinarian in the care and treatment of animals wherein overnight care is prohibited except when necessary for medical purposes. Recycling Center: A building or facility used for the collection and preparation of recyclable material for efficient shipment. Brewery: A facility for the production and packaging of alcoholic malt beverages for distribution which does not generally receive the public or engage in retail sales. Coffee Roasting Facility: A facility for the processing and packaging of coffee beans for distribution which does not generally receive the public or engage in retail sales. Commercial Kitchen: A commercial establishment producing or wholesaling prepared food items in which retail dispensing is prohibited. Ordinance No. 2, Series 1999 Page 5 Section 3: Section 26.04.100 of the Aspen Municipal Code, which section contains definitions of terms used in Chapter 26 of the Municipal Code, is hereby amended by revising the following terms and their definitions, where the new definitions will read as follows: Artist Studio: A fine arts workshop of a painter, sculptor, potter, weaver, carver, jeweler photographer, or other similar art that requires artistic skill, and not generally utilitarian, related to personal hygiene or adornment, receiving the public, or engaging in retail sales. Section 4: Section 26.04.100 of the Aspen Municipal Code, which section contains definitions of terms used in Chapter 26 of the Municipal Code, is hereby amended by deleting the following terms and their definitions: Commercial Bakery: means a bakery in which there is permitted the production and/or wholesaling of baked goods, but where over-the-counter or other retail dispensing of baked goods shall be prohibited. Shop Craft Industry: means any establishment producing one -of -a -kind products which are handmade or made with limited mechanical assistance. This includes but is not limited to cloth and basket weaving, pottery making, glass blowing, and ceramics. Veterinary Clinic: means an enclosed facility within a building or portion thereof for the care and treatment of animals, where boarding of healthy animals is prohibited and adequate provisions are made to avoid any and all adverse impacts on the surrounding neighborhood which might otherwise result from noise, odors, waste, and the like. Section 5: That the Community Development Director is directed, upon adoption of this Ordinance, to enforce compliance with the requirements of this zoning district as follows: a) Each land use established prior to the adoption of this Ordinance which remains or becomes a permitted use shall be unaffected and require no land use action. b) Each land use established prior to adoption of this Ordinance which remains or becomes a conditional use with the passage of this Ordinance shall apply for and obtain conditional use approval from the Planning and Zoning Commission upon expansion or other substantial change in the nature of the use. c) Each land use established prior to the adoption of this Ordinance which either remains an unlawful use or is deleted as a permitted or conditional use by this, or a previous, ordinance shall become or remain a legal non -conforming use subject to the provisions of Section 26.104 of the Aspen Municipal Code, as amended from time to time. Ordinance No. 2, Series 1999 Page 6 • • d) Design Studios are permitted but the use may not exceed 9,090 total square footage within the SCI Zone District. Architectural Offices shall not be considered "Artist Studios." Attached as. Attachment A of this Ordinance is a summary of the land uses in existence on the adoption date of this Ordinance. Section 6: The Community Development Director is hereby directed to provide each property owner in the S/C/I Zone District with a copy of this Ordinance. The Community Development Director is hereby directed to provide a yearly analysis on the annual anniversary of the adoption of this 'Ordinance, of the SCI Zone District to the Planing and Zoning Commission and the City Council as an information item for a period of three years, or as otherwise extended by the City Council. Section 7• That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 8: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 9: 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 10: A public hearing on the Ordinance shall be held on the 22nd day of March, 1999 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. Ordinance No. 2, Series 1999 Page 7 0 • INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 8th day of February, 1999. Attest: Kathryn S. I ch, City Clerk FINALLY, adopted, passed and approved this day J�—a-.'OcIL999. Attest: Kathryn S. ch, Ci Clerk VJoBennett, Mayor Approved as to form: Ci Attorney Attachment A — Summary of land uses on adoption date. Ordinance No. 2, Series 1999 Page 8 OTHELLO SK8 SHOP AUGUST 2, 2001 TO STEVE CLAY AND THE CITY OF ASPEN, PLANNING AND ZONING. PLEASE SEND ALL CORRESPONDENCE TO: OTHELLO SK8 SHOP C/O P.O. BOX 12380 ASPEN, COLORADO 81612 WE ARE NOT IN THE NEW SPACE. SO ALL CORRESPONDENCE THAT IS TO BE SENT TO US, WE WILL NOT GET. A YO Co tA K • • CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE APPLICATION PACKET Included with this Land Use Application are the following attachments: Development Application Fee Policy, Fee Schedule and Agreement for Payment Form 2. Dimensional Requirements Form 3. Description of Minimum Contents of Development Application 4. Description of Specific Contents for Submission of your Application. (may be more than one attachment depending on number of reviews required) Copy of Review Standards for Your Application. (may be more than one attachment depending on number of reviews required) 6. General Summary of Your Application Process 7. Public Hearing Notice Requirements Summary 8. Affidavit of Notice Generally, to submit a complete application, you should fill in the application form and attach to it that written and/or mapped information identified in Attachments 2-5. Please note that all applications require responses to the review standards in attachment 5 for that particular development type. Also note that there may be more than one attachment 4 and 5, depending on the number of reviews required. You can determine if your application requires public notice to be given by reviewing Attachment 7 and Table 1. Table 1 will tell you if your application requires notice and in what form the notice should take place. We strongly encourage all applicants to hold a pre -application conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, insufficiecies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. PROJECT: • LAND USE APPLICATIO* APPLICANT: Name: nrrun r r n Location: COLORADO 81611 (Indicate street address, lot & block number, le ion where appropriate) Name: OTHELLO CLARK Address: 465 S0111H Ml1.1, STREET S1iTTF. # 5, ASPEN- COiORADO 8161 Phone#: (970) 948-5752 REPRESENTATIVE: Name: PHULA BRODIN Address: SAME Phone #: (970) 618-1050 1 TF't Ut- /AF'F'LIGA I IUN: (please check all that apply): ENConditional Use Conceptual PUD Conceptual Historic Devt. Special Review Final PUD (& PUD Amendment) Final Historic Development Design Review Appeal ❑ Conceptual SPA Minor Historic Devt. GMQS Allotment ❑ Final SPA (& SPA Amendment) Historic Demolition GMQS Exemption ❑ Subdivision Historic Designation ESA - 8040 Greenline, Stream Subdivision Exemption (includes Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane Lot Split Temporary Use ❑ Other: Lot Line Adjustment 0 Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Have you attached the following? Pre -Application Conference Summary ttachment #1, Signed Fee Agreement _Response to Attachment 42, Dimensional Requirements Form esponse to Attachment #3, Minimum Submission Contents Response to Attachment #4, Specific Submission Contents ;KrResponse to Attachment #5, Review Standards for Your Application FEES DUE: S !RD2 IV--- City'of Aspen . 2001 Combined Sales Ta nd Sales Tax Administrator Business License Auplica ion 130 South Galena Street and Business Occupation Tax Return Aspen Colorado 81611 Please Type or Print Clearly (970) 920-3029 E-MAIL: larrvt i,ci.aspen.co.us Name of Business:__ p ���� .�� %Lx) Sales_Ta PrintaryAlailine Address: Location Address: i4 (oC) Q l l 5T - -Phone No. of Business: aL (970)q4�-5.75 '/— Sales Tax ontact: 1 [O R- Cj DV K E-mail Address: v IDS 0 No - CAM _ © Jt Cl 12 r D q'IttI — Address To Which You Would Like Licenses Mailed: Same as Sales Tax Address Same as Location Address Other: Fax No.: ( Contact Phone: Web Page Address: -- Colorado Sales Tax License No: - if Being Applied For, Date? If applicable, State of Colorado Sales Tax Exempt Number: _ Frequency of Filing Aspen Sales Tax Returns: Monthly Quarterly Annual If more than S600 in iaxahle sales per month, you must file nionthlt). Will you also be collecting the Aspen 1% Lodging Tax on Short Term Rentals of Lodging'? Other (Describe) Yes _ / No Nature of Business / Products Sold: SK@ke,h-a j_,, c` cLAn i ., Type of Ownership: (check one) Sole Proprietorship Partnership Corporation LLC Other — If you have a physical location in Aspen. Name of Trash Hauler: , F l . (Required) Trash Containers Alust Be Wildlife Resistant Date That Business Started In Aspen. or Date of Purchase of Business: M Zu If Business Was Purchased. Name of Previous Business & Owner: 1JT,D. Names o � � ers, Partners, or Managers of the Business: a. li0 1R - CA--,r{C Title�e �wt2�r 51�-1P b. Title C. Title If Retail. Please Estimate the Highest Monthly Taxable Retail Sales For Your Business $ 015 tobcU Estimated Monthly Average Full Time Employees (FTE's) of your Business. - (Include self, owners and partners, managers, etc.) Computation of Annual Business Occupation Tax Due to the City of Aspen For the Calendar Year. January 1 thru December 31 2000: 0 - 5 Employees.......................................................................................................$150 Amount Paid: 6 - 15 Employees .............................. ....................................................................... $200 16 - 49 Employees...................................................................................................$40U__ o O_ 50 or More Employees.............................................................................................$750 Liquor License Holders............................................................................................$ -0- Not For Profit Groups .... (IRS Section 501(C).(3) Certificate Required) .................... $ -0- c- CONTINUED ON REVERSE SIDE -i • • 1 declare under penalty of perjury tl(a is -a lie, (ion has be7-miry�)db; eand that the statements made herein are made in good faith pursuant to the City of en tax e 1 tions nd,kno dge and belief, are true, correct and complete. SIGNATURE OF APPLICANT: DATE: ,Z� (O PLEASE RETURN THIS A IC ALONG WITH YOUR REMITTANCE OF THE APPROPRIATE BUSINESS OCCUPATION TAXES, (AS CAL UCULATED ON THE FRONT OF THIS APPLICATION), PAYABLE TO THE CITY OF ASPEN FOR CITY STAFF ONLY APPROVAL DATE ZONING — Community Development 3'd Floor of Cite Hall 920-5441 JAM Gs- L z ,v L*-)T ENVIRONMENTAL HEALTH — Prinlaril\ for Food Handling and Hazardous Chemicals 2" d Floor of City Hall 920-5070 ENVIRONMENTAL RANGER Approval Required for All Businesses Located 11, Aspen — Concerning Trash Collection 2"d Floor of Ciry Hall (Environmental.Hlth.Dept) Brian Flynn 920-6011 or 920-5070 FIRE MARSHALL — Located in the Fire Dept. 925-2690 FINANCE DEPT - 1"Floor of City Hall Pay Cashier the Appropriate Business Occupation Tax See Larn Thoreson for Issuance of License 92U-5029 ATTACHMENT 1 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen Development Application Fee Policy The City of Aspen, pursuant to Ordinance 45 (Series of 1999), has established a fee structure for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the Aspen/Pitkin Community Development Department. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Community Development for Administrative Approvals which normally take a minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Community Development when more extensive staff review is required, as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit. Several different staff members may charge their time spent on the case in addition to the case planner. Staff time is logged to the case and staff can provide a summary report of hours spent at the applicant's request. After the deposit has been expended, the applicant will be billed monthly based on actual staff hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the case following any hearing or approvals, up until the applicant applies for a building permit. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. In no case will Building Permits be issued until all costs associated with case processing have been paid. When the case planner determines that the case is completed (whether approved or not approved), the case is considered closed and any remaining balance from the deposit will be refunded to the applicant. Applications which require a deposit must include an Agreement for Payment of Development Application Fees. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application and fee in order for a land use case to be opened. The current complete fee schedule for land use applications is listed on the reverse side. • 26.710.160 8. Minimum distance between principal and accessory buildings (feet): No requirement. 9. Percent of open space required for building site: 25. 10. External floor area ratio (applies to conforming and nonconforming lots of record): For detached residential dwellings and duplexes the external floor area ratio shall be the same as in the R6 zone district. All uses other than detached residential and duplex dwellings: 1:1; how- ever, the 1:1 external floor area ratio may be increased to 1.5:1 by special review pursuant to Chapter 26.430; however, if the external floor area ratio is increased by special review pursu- ant to Chapter 26.430, then sixty (60) percent of the additional floor area must be approved for residential use restricted to affordable housing. 26.710.160 Service/CommerciallIndustrial (S/C/1). A. Purpose. The purpose of the Service/Commercial/Industrial (S/C/1) zone district is to allow for the use of land for the preservation or development of limited commercial and industrial uses which: may not be appropriate in other zone districts; do not require or generate high customer traffic volumes; are primarily oriented to the manufacturing, repair, storage, and servicing of con- sumer goods and have a limited office, showroom, retail, or customer reception area; and, to permit artist's studios as well as customary accessory uses, including affordable residential dwelling units accessory to permitted uses. B. Permitted uses. The following uses are permitted as of right in the Ser- vice/Commercial/industrial (SIC/1) zone district. Except as noted below, each of the permitted uses may have, in combination, no more than 25% of its floor area devoted to retail sales, office, show- room, or customer reception. This floor area percentage may be increased through conditional use review by the Commission. 1. Building materials, components, and equipment, fabrication, sales, rental, repair, and ser- vicing with up to 100% of the floor area devoted to office, showroom, retail, or customer reception use. 2. Automobile and motorcycle repair, servicing, and detailing. 3. Automobile and motorcycle parts sales with up to 100% of the floor area devoted to office, showroom, retail, or customer reception use. 4. Fabric and sewing supply with up to 100% of the floor area devoted to office, showroom, retail, or customer reception use. 5. Manufacturing, repair, alteration, tailoring, and servicing of consumer goods such as household appliances, electronic equipment, furniture, clothing, or sporting goods. 6. Building maintenance facility. 7. Typesetting and printing. 8. Commercial kitchen. 9. Design Studio. 10. Artist's Studio. 11 _ Rehearsal or teaching studio for the creative, performing, and/or martial arts with no public performances. 710-77 (Aspen 4M) ASPEN/PITKIN COMMUNITY DEVELOPMENT 2000 LAND USE APPLICATION FEES HOURS Major 12 Minor 6 Staff Approvals Flat Fee Exempt HPC Minor HPC Significant HPC <1000 sq. ft. Significant HPC >1000 sq. ft. Demolition, Partial Demolition, Relocation Referral Fees - Environmental Health Major Minor Referral Fees - Housing Major Minor Referral Fees - City Engineer Major Minor DEPOSIT FLAT FEE 2,310.00 1,155.00 480.00 265.00 65.00 480.00 1155.00 2310.00 2310.00 330.00 170.00 330.00 170.00 330.00 170.00 Hourly Rate 195.00 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and OTHELLO' S SK8 SHOP (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to CITY an application for CONDITIONAL USE PERMIT (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 45 (Series of 1999) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 500.00 which is for Z t'� hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN Jam, APPLICAN. ji ZOTHEZS1 By: �1` �. BY: ie Ann Woods ommunity Development Director a e: AUGUST 1, 2001 Mailing Address: 465 NORTH MILL STREET SUITE #5 ASPEN, COLORADO 81611 g:\support\forms\agrpayas.doc 12/27/99 ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM +-,,; Project: OTHELLO' S SK8 SHOP -/ Applicant: OTHELLO CLARK Location: 465 NORTH MILL STREET, ASPEN, COLORADO 81611 Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the ' definition of Lot Area in the Municipal Code.) V Commercial net leasable: Existing: Proposed: Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed.• Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area Principal bldg. height: Access. bldg. height: '✓ On -Site parking: % Site coverage % Open Space: Front Setback: Existing. --Allowable.- Proposed. Existing: Allowable: Proposed: Existing: Allowable: Proposed. Existing: Required. Proposed: Existing: Required. Proposed: Existing: Required. Proposed: Existing.' -Required Rear Setback: Existing: Required Proposed: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required. Proposed: Combined Sides: Existing: Required: Proposed: Existing non -conformities or encroachments: Variations requested: ATTACHMENT 3 MINIMUM SUBMISSION CONTENTS 1. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 2. The street address and legal description of the parcel on which development is proposed to occur. A disclosure of ownership of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 5. A site improvement survey including topography and vegetation showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 6. A site plan depicting the proposed layout and the project's physical relationship to the land and it's surroundings. 7. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. • ATTACHMENT #3 • 2. 3. 4. 5. 6. 7. OTHELLO'S SK8 SHOP OTHELLO CLARK 465 NORTH MILL STREET SUITE #5 ASPEN, COLORADO 81611 (970) 948 5752 PAULA BRODIN, REPRESENTATIVE P.O. BOX 12380 ASPEN, COLORADO 81612 (970) 465 NORTH MILL STREET SUITE #5 ASPEN, COLORADO 81611 NOT APPLICABLE SEE ATTACHED MAP NOT APPLICABLE NOT APPLICABLE 618-1050 SAME AS IN LETTER APPLYING FOR TEMPORARY USE PERMIT, SEE ATTACHED. ATTACHMENT #3 THE SHOP IS APPROXIMATELEY 870 SQUARE FEET IN FLOOR SPACE, MEASURING ROUGHLY 49' BY 17'-6". THE MAIN USE OF MY SHOP WILL BE RENTAL AND REPAIR OF SKATEBOARDS FOR THE NEIGHBORING SKATEBOARD PARK. IN ADDITON TO THE SKATEBOARDS THEMSELVES, I WILL BE ALSO RENTING HELMETS, ELBOW AND KNEE PADS. MY INTENT ALWAYS HAS BEEN TO PROVIDE VISITORS OR THE YOUTH OF ASPEN THAT DO NOT YET OWN EQUIPMENT, A CHANCE TO GET INTO THE PARK AND TRY THE SPORT FOR THEMSELVES. IN ADDITION TO THE RENTALS, A SMALL PORTION OF THE SHOP WILL BE DEVOTED TO RETAIL, APPROXIMATELY 200 SQUARE FEET. PART OF BEING ABLE TO REPAIR SKATEBOARDS IS HAVING NEW ITEMS SUCH AS WHEELS, TRUCKS AND BOARDS FOR SALE. I ESTIMATE THAT MANY RIDERS WILL BREAK A BOARD OR NEED NEW WHEELS THROUGHOUT THE COURSE OF THE SUMMER, AND MY SHOP WILL BE IN SUCH CLOSE PROXIMITY THAT RIDERS CAN SIMPLY WALK OVER. AS MANY OF YOU KNOW, I ALSO HAVE MY OWN CLOTHING LINE AND WILL BE SELLING TEE SHIRTS, HATS AND VISORS AS PROMOTIONAL ITEMS FOR MY SHOP WITH THE 200 SQUARE FOOT RETAIL SPACE. I ESTIMATE THAT MOST OF MY BUSINESS WILL BE THE RENTALS, THE REST WILL BE THE SALE OF REPLACEMENT ITEMS DAMAGED IN THE PARK. IN ADDITION TO THE RENTALS, REPAIRS AND SMALL RETAIL CORNER, A HALF -PIPE WILL BE CONSTRUCTED ON THE BACK WALL OF THE SHOP. IN NO WAY IS THIS HALF -PIPE INTENDED FOR FULL TIME USE. IT IS SIMPLY A WAY FOR UNFAMILIAR RIDERS TO GET COMFORTABLE ON A RAMP BEFORE ENTERING THE HUSTLE AND BUSTLE OF THE LARGE PARK. ALSO, RIDERS FROM OUT OF TOWN WHO RENT MY EUQIPMENT MAY WANT A FEW PRACTICE RUNS TO GET COMFORTABLE WITH THE RENTED EQUIPMENT BEFORE TESTING THEMSELVES ON THE 10' BOWL. THE RAMP WILL ALSO ALLOW PEOPLE TO TRY OUT THEIR REPLACEMENT WHEELS OR DECKS BEFORE PURCHASING THEM. PLEASE KEEP IN MIND THAT THE RAMP WILL ONLY BE 30" HIGH AND WILL NOT BE NEARLY AS ATTRACTIVE TO RIDERS AS THE CONCRETE PARK ACROSS THE STREET. THE SHOP WILL BE FITTED WITH SOME CHAIRS AND COUCHES FOR RIDERS TO USE WHILE THEY ARE WAITING TO GET FITTED FOR PADS OR FOR THEIR SKATEBOARDS TO BE FIXED. A TELEVISION WILL BE MOUNTED IN THE CORNER TO PLAY SKATEBOARDS VIDEOS. THAT WILL BE BOTH FOR MY ENJOUYMENT AS WELL AS TO INSPIRE SKATEBOARD RIDERS TO LEARN NEW TRICKS. THANK YOU, OTHELLO CLARK VI ,%( Fores ,4 `n c, Music Post Ton, or Gilles ie St Aspen G (Highlighted area is enlarged on inset above.) White River National •' Forest Ago, 9 i. B 10 fllllBS aK Or 4 Rd ^� I urrtrr C3rrk ram- -_ ads Rd Rd n R 4id�� N White River Selvetion�tt pies R a National aHunter Cteo�P Forest `-� Not all roach may be rbowrr or named on map or /itud in strertguide. Some roads maybe private, proporr or under construction. Maps by Chlcsgo CartoGraphics 9 S ruce St r- , m r yto� toy- C�s:-�. Cup Viue mi t ape�s. c BL Drown Ln J�o'A�1 RedPupp y a Brick ' 'G �� "' � ti9 a' CW Cottonwood Ln Confer S i 4�aon qv rz J CC Cowenhoven Ct� aka PO — AR obi^ + HR Harold Ross Ct �(_-.: Arf a i KW Kathryns Way �a s +� r our 9�ohloseum B LS Luke Short Ct ?miner„ CrandeMC Mayflower Ct Q rn o E MD Matchless Dr MT Miners Trail Rd ' Counho rs j 1 RR Robinson Rd r! h ;� rip Est v peen aa. WC Williams Ranch Ct fan WR Williams Ranch or Mascotte kaQant t n P eguerc� _� erova Rd--- ..-. s q oAUrdmore Ct li e , _ ATTACHMENT #3 t O U d To Twin Lakes via �3 Independence Pass (closed in winter) e • • ATTACHEMNT 4 Specific Submission Contents Conditional Use Review A Conditional Use Application shall contain the following items: 1. A sketch plan of the site showing existing and proposed features which are relevant to the review of the conditional use application. 2. If the application involves development of a new structure or expansion or exterior remodeling of an existing structure, proposed elevations of the structure. 3. Written response to the review standards (attachment 5). Insubstantial Amendment to Approved Conditional Use By Planning Director The request for Planning Director approval of an Insubstantial Amendment or Exemption shall contain the following items in addition to those above: 1. A written description of the existing conditions on the property which are requested to be altered via the amendment or exemption. 2. A listing of all previous development approvals granted to the property, with the approximate dates of said approvals. 3 . A copy of any recorded documents which affect the proposed development, including but not limited to recorded plats, agreements and deed restrictions. If changes are proposed to said recorded documents, these should be "red -lined" onto a copy of the original document. 0 0 • • DESCRIPTION OF SPACE ATTACHMENT #4 Article 1 Total square feet approximately 882 Front of space before door separation is approximately 169 square feet Front space is service space, rental of equipment and accessories. Rear space is half pipe, fully soundproofed so as to have ABSOLUTELY NO NOISE to disturb other tenants. this space is a service and test a -ea. Half pipe is for demonstration of new equipment, and for beginning skateboarders to try out equipment before going to the skateboard park. there will be a sofa Total retail square footage is approximately 169 square feet. Total square footaga is 882, skateboard and test area is rental and service also. ATTACHMENT #4 ATTACHMENT #5 F THE SHOP IS APPROXIMATELEY 870 SQUARE FEET IN FLOOR SPACE, MEASURING ROUGHLY 49' BY 17'-6". THE MAIN USE OF MY SHOP WILL BE RENTAL AND REPAIR OF SKATEBOARDS FOR THE NEIGHBORING SKATEBOARD PARK. IN ADDITON TO THE SKATEBOARDS THEMSELVES, I WILL BE ALSO RENTING HELMETS, ELBOW AND KNEE PADS. MY INTENT ALWAYS HAS BEEN TO PROVIDE VISITORS OR THE YOUTH OF ASPEN THAT DO NOT YET OWN EQUIPMENT, A CHANCE TO GET INTO THE PARK AND TRY THE SPORT FOR THEMSELVES. IN ADDITION TO THE RENTALS, A SMALL PORTION OF THE SHOP WILL BE DEVOTED TO RETAIL, APPROXIMATELY 200 SQUARE FEET. PART OF BEING ABLE TO REPAIR SKATEBOARDS IS HAVING NEW ITEMS SUCH AS WHEELS, TRUCKS AND BOARDS FOR SALE. I ESTIMATE THAT MANY RIDERS WILL BREAK A BOARD OR NEED NEW WHEELS THROUGHOUT THE COURSE OF THE SUMMER, AND MY SHOP WILL BE IN SUCH CLOSE PROXIMITY THAT RIDERS CAN SIMPLY WALK OVER. AS MANY OF YOU KNOW, I ALSO HAVE MY OWN CLOTHING LINE AND WILL BE SELLING TEE SHIRTS, HATS AND VISORS AS PROMOTIONAL ITEMS FOR MY SHOP WITH THE 200 SQUARE FOOT RETAIL SPACE. I ESTIMATE THAT MOST OF MY BUSINESS WILL BE THE RENTALS, THE REST WILL BE THE SALE OF REPLACEMENT ITEMS DAMAGED IN THE PARK. IN ADDITION TO THE RENTALS, REPAIRS AND SMALL RETAIL CORNER, A HALF -PIPE WILL BE CONSTRUCTED ON THE BACK WALL OF THE SHOP. IN NO WAY IS THIS HALF -PIPE INTENDED FOR FULL TIME USE. IT IS SIMPLY A WAY FOR UNFAMILIAR RIDERS TO GET COMFORTABLE ON A RAMP BEFORE ENTERING THE HUSTLE AND BUSTLE OF THE LARGE PARK. ALSO, RIDERS FROM OUT OF TOWN WHO RENT MY EUQIPMENT MAY WANT A FEW PRACTICE RUNS TO GET COMFORTABLE WITH THE RENTED EQUIPMENT BEFORE TESTING THEMSELVES ON THE 10' BOWL. THE RAMP WILL ALSO ALLOW PEOPLE TO TRY OUT THEIR REPLACEMENT WHEELS OR DECKS BEFORE PURCHASING THEM. PLEASE KEEP IN MIND THAT THE RAMP WILL ONLY BE 30" HIGH AND WILL NOT BE NEARLY AS ATTRACTIVE TO RIDERS AS THE CONCRETE PARK ACROSS THE STREET. THE SHOP WILL BE FITTED WITH SOME CHAIRS AND COUCHES FOR RIDERS TO USE WHILE THEY ARE WAITING TO GET FITTED FOR PADS OR FOR THEIR SKATEBOARDS TO BE FIXED. A TELEVISION WILL BE MOUNTED IN THE CORNER TO PLAY SKATEBOARDS VIDEOS. THAT WILL BE BOTH FOR MY ENJOUYMENT AS WELL AS TO INSPIRE SKATEBOARD RIDERS TO LEARN NEW TRICKS. THANK YOU, OTHELLO CLARK • ATTACHMENT 5 Review Standards: Development of Conditional Use When considering a Development Application for a Conditional Use, the Commission shall consider whether all of the following standards are met. The application must include a written responce to each of these review standards. A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located; and B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and 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. ATTACHMENT #5 IN RESPONSE TO THE REQUESTS ON ATTACHMENT #5, REVIEW STANDARDS: A. THE SPACE IS EMPTY. IT IS A LOWER LEVEL SPACE WITH CONCRETE FLOORS A HALLWAY ON ONE SIDE, THE SPACE IS BEING SOUNDPROOFED. B. THE SURROUNDING SPACES CONSIST OF BICYCLE RENTAL AND ACCESSORIES SHOP, THE SPACE I S IN CLOSE PROXIMITY TO THE SKATEBOARD PARK. C. THERE ARE NO ADVERSE EFFECTS ACCORDING TO THE STIPULATIONS OF THIS PARAGRAPH PERTAINING TO THE SHOP. D. WE COMPLY WITH ALL OF THE STIPULATIONS IN PARAGRAPH #D. E. NOT APPLICABLE. F. THE CONDITIONAL USE COMPLIES AS THERE ARE SPORTING GOODS AND RENTAL SHOPS IN THAT BUILDING. ATTACHMENT #4 ATTACHMENT #5 F THE SHOP IS APPROXIMATELEY 870 SQUARE FEET IN FLOOR SPACE, MEASURING ROUGHLY 49' BY 17'-6". THE MAIN USE OF MY SHOP WILL BE RENTAL AND REPAIR OF SKATEBOARDS FOR THE NEIGHBORING SKATEBOARD PARK. IN ADDITON TO THE SKATEBOARDS THEMSELVES, I WILL BE ALSO RENTING HELMETS, ELBOW AND KNEE PADS. MY INTENT ALWAYS HAS BEEN TO PROVIDE VISITORS OR THE YOUTH OF ASPEN THAT DO NOT YET OWN EQUIPMENT, A CHANCE TO GET INTO THE PARK AND TRY THE SPORT FOR THEMSELVES. IN ADDITION TO THE RENTALS, A SMALL PORTION OF THE SHOP WILL BE DEVOTED TO RETAIL, APPROXIMATELY 200 SQUARE FEET. PART OF BEING ABLE TO REPAIR SKATEBOARDS IS HAVING NEW ITEMS SUCH AS WHEELS, TRUCKS AND BOARDS FOR SALE. I ESTIMATE THAT MANY RIDERS WILL BREAK A BOARD OR NEED NEW WHEELS THROUGHOUT THE COURSE OF THE SUMMER, AND MY SHOP WILL BE IN SUCH CLOSE PROXIMITY THAT RIDERS CAN SIMPLY WALK OVER. AS MANY OF YOU KNOW, I ALSO HAVE MY OWN CLOTHING LINE AND WILL BE SELLING TEE SHIRTS, HATS AND VISORS AS PROMOTIONAL ITEMS FOR MY SHOP WITH THE 200 SQUARE FOOT RETAIL SPACE. I ESTIMATE THAT MOST OF MY BUSINESS WILL BE THE RENTALS, THE REST WILL BE THE SALE OF REPLACEMENT ITEMS DAMAGED IN THE PARK. IN ADDITION TO THE RENTALS, REPAIRS AND SMALL RETAIL CORNER, A HALF -PIPE WILL BE CONSTRUCTED ON THE BACK WALL OF THE SHOP. IN NO WAY IS THIS HALF -PIPE INTENDED FOR FULL TIME USE. IT IS SIMPLY A WAY FOR UNFAMILIAR RIDERS TO GET COMFORTABLE ON A RAMP BEFORE ENTERING THE HUSTLE AND BUSTLE OF THE LARGE PARK. ALSO, RIDERS FROM OUT OF TOWN WHO RENT MY EUQIPMENT MAY WANT A FEW PRACTICE RUNS TO GET COMFORTABLE WITH THE RENTED EQUIPMENT BEFORE TESTING THEMSELVES ON THE 10' BOWL. THE RAMP WILL ALSO ALLOW PEOPLE TO TRY OUT THEIR REPLACEMENT WHEELS OR DECKS BEFORE PURCHASING THEM. PLEASE KEEP IN MIND THAT THE RAMP WILL ONLY BE 30" HIGH AND WILL NOT BE NEARLY AS ATTRACTIVE TO RIDERS AS THE CONCRETE PARK ACROSS THE STREET. THE SHOP WILL BE FITTED WITH SOME CHAIRS AND COUCHES FOR RIDERS TO USE WHILE THEY ARE WAITING TO GET FITTED FOR PADS OR FOR THEIR SKATEBOARDS TO BE FIXED. A TELEVISION WILL BE MOUNTED IN THE CORNER TO PLAY SKATEBOARDS VIDEOS. THAT WILL BE BOTH FOR MY ENJOUYMENT AS WELL AS TO INSPIRE SKATEBOARD RIDERS TO LEARN NEW TRICKS. THANK YOU, OTHELLO CLARK • • Attachment 6 One Step Commission or Council Development Review Procedure 1. Attend pre -application conference. During this one-on-one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre -application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. Depending upon the complexity of the development proposed, Staff may suggest submitting only one copy. This way any corrections that may be necessary can be accomplished before making additional copies 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, a date for the Commission or Council review will be set. Applications are scheduled for review on the first available agenda given the requirements for public notice. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. The Planner will prepare a review memo which addresses the proposal's compliance with the Land Use Code and incorporates the referral comments. The planner will recommend approval, denial or tabling of the application and recommend appropriate conditions to this action. You will be called to pick up a copy of the memo and the agenda at the end of the week before your hearing, or we can mail it to you if you so request. During the period of staff review, it is essential that public notice be given, when required for your development application. The requirements for notice of your application are provided in Attachment 7. 5. Commission or Council Review of Development Application. Your project will be presented to the Commission or Council at a regularly scheduled meeting. The typical meeting includes a presentation by staff, a presentation by you or your representative, questions and comments by the review body and the public, and an action on the staff recommendation, unless additional information is requested by the review body. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 6. Receipt of Building Permit. Once you have received final approval of your development application, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will need to be reviewed and recorded before a Building Permit is submitted. 1 stepsumm ATTACHMENT 7 Public Hearing Notice Requirements Three forms of notice are required by the Aspen Land Use Regulations: publication in the newspaper, posting of the property, and mailing to surrounding landowners. You can determine whether your application requires notice, and the type of notice it requires, from Table 1, which is attached to this summary. Following is a summary of the notice requirements, including identification of who is responsible for completing the notice. 1. Publication - Publication of notice in a paper of general circulation in the City of Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice will be written by the Community Development Department and we will place the notice in the paper within the appropriate deadline. 2. Posting - Posting of a sign in a conspicuous place on the property is to be done ten (10) days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development Department, to fill it in correctly and to bring proof to the hearing that posting took place (use attached affidavit). 3. Mailing - Mailing of notice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the Community Development Department, to mail it according to the following standards, and to bring proof to the hearing that the mailing took place (use attached affidavit). Standards for notice shall be as follows: 1. Any federal agency, state, county or municipal government service district or quasi governmental agency that owns property within 300 feet of the subject property must be mailed notice fifteen (15) days prior to the hearing. 2. All other landowners within 300 feet of the subject property must be mailed notice ten (10) days prior to the hearing, unless notice is given by hand delivery, in which case it must be sent five (5) days prior to the hearing. 3. Subdivision applications only also require notice by registered mail to all surface owners, mineral owners and lessees of mineral owners of the subject property. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of public hearing. • TABLE 1 SUMMARY OF PUBLIC HEARING NOTICE PROCEDURES APPLICATION TYPE PUBLIC HEARING REQUIRED? BY WHOM FORM OF NOTICEI CONDITIONAL USE REVIEW Y P&Z 2,3 ESA REVIEW (8040 Greenline, Stream Margin, Mountain View Plane, Hallam Lake Bluff) N GMQS ALLOTMENT Y GMC 1,2.3 GMQS EXEMPTION2 Y By GMC 1 By Council GMC - 1 Council - 1 HISTORIC DEVELOPMENT Conceptual Development Y HPC 1,2,3 Final Development N Minor Development N Historic Demolition Y HPC 1,2,3 Historic Designation Y HPC, P&Z & Council3 HPC - 1,2,3 P&Z - 1,2,3 Council - 1,2,3 Historic Lot Split Y HPC 1,2,3 MAP AMENDMENTS Y P&Z & Council3 P&Z - 1,2,3 Council - 1,2,3 PUD - CONCEPTUAL Y Council' 1,2,3 PUD - FINAL (and PUD Amendment) Y P&Z 1,2,3 SPA - CONCEPTUAL Y Council' 1,2,3 SPA - FINAL (and SPA Amendment) Y P&Z 1,2,3 SUBDIVISION Y P&Z & Council3 P&Z - 1,2,3 Council - 1,2,3 SUBDIVISION EXEMPTIONS Condom iniumization N Lot Split Y Council 1,2,3 Lot Line Adjustment N SPECIAL REVIEW ADU Design Standrads N Y P&Z 2,3 TEXT AMENDMENTS Y P&Z & Counci13 P&Z - I Council - 1 TEMPORARY USES Y Council' 1,2,3 VESTED PROPERTY RIGHTS Y I Council 1,2,3 I Numbers refer to the following: 1 = Publication in newspaper 2 = Posting of property 3 = Mailing to surrounding landowners 2 See Subdivision Exemptions for Lot Splits 3 Public Hearing occurs at second reading of the Ordinance by Council. 4 Adopted by Resolution, only one hearing required, which is a public hearing. �STEPHEN J. M"CU� P.O. Box 1709 ASPEN. COLORADO 81612 0 P 290 783 602 CITY; OF ASPEN 130 SOUTH GALENA ASPEN, CO. 81611 S. PCSTRCE PAID RSPEN.CO 8161 81611 RUG 31 01 I.T 39q RECEIVEIJ3. 3-O i SEA' 0 4 2001 COMMUNITY VVEKOPMENT PUBLIC NOTICE RE: OTHELO'S SK8 SHOP CONDITIONAL USE REVIEW FOR SALES AND RENTAL OF SPORTING GOODS AND TO ALLOW FOR MORE THAN 25% OF FLOOR AREA TO BE DEVOTED TO RETAIL, OFFICE, SHOWROOM, OR CUSTOMER RECEPTION IN THE S/C/I ZONE DISTRICT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 2, 2001, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, 130 S. Galena St., Aspen, to consider an application submitted by Othelo Clark requesting approval for a Conditional Use in the Service/Commercial/Industrial (S/C/I) Zone District to allow for sales and rental of sporting goods and to allow for more than 25% of his floor area to be devoted to retail, office, showroom, or customer reception. The subject property is • located at 465 N. Mill Street, Ste. #5. For further information contact Sarah Oates at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920- 5441, saraho@ci.aspen.co.us. s/Jasmine T_ygre, Chair Aspen Planning and Zoning Commission City of Aspen Account • Published in the Aspen Times on September 15, 2001 = e • 0 DR 0140 1021991Must collect DEPARTMENTT OF REVENUE taxes for. DENVER c0 90261-0013 STATE COUNTY MASS • COLORADO PITKIN TRANSTT SALES TAX LICENSE USE ACCOUNT NUMBER for all references LIABILITY INFORMATION ISSUE DATE LICENSE VALID TO DECEMBER 31 .�. -, .. ,, P• .6;1,1...1. m-" I..T I... 40-66135-0000 57001 I 050101 APR 17 01 1 2001 THIS LICENSE MUST BE POSTED AT THE FOLLOWING LOCATION: CLARK OTHELLO R OTHELLO'S SK8 SHOP PO BOX 4912 ASPEN CO 81612 465 N MILL STREET ASPEN CO DETACH HERE IMPORTANT NOTICE from the Colorado Department of Revenue THIS LICENSE IS NOT TRANSFERABLE Executive Director Department of Revenue Please VERIFY that all information on your new sales tax license is correct. If your mailing address is incorrect or if you discontinue making sales from this location, notify the Department of Revenue by calling (303) 232-2416 or by writing to: Colorado Department of Revenue Denver CO 80261-0013 Preprinted reporting forms with your Colorado Account Number and other information will be mailed within six weeks to the address shown on your license. You may experience costly delays if materials are returned by the Postal Service to the Department of Revenue because they could not be delivered. Tax reporting and payment of fees and taxes due are your responsibility, whether or not you receive your returns before the filing deadline. In order to avoid late penalties and interest, when you mail your return with your remittance, the envelope must be POSTMARKED on or before the. due date. Multiple Event License holders must file only for those months during which they attended an event. This license is to be used only for purchasing items tax free for resale. If no tax is remitted on this account for twelve consecutive months, the account will be closed, except for wholesale accounts. If you have any oilier questions, please contact the I axpayer Service Division, (303) 232-2416. NEW BUSINESS ASSISTANCE SERVICE CENTER 1 625 Broadway, Suite 805 Denver CO 80202 COLORADO SPRINGS REGIONAL SERVICE CENTER 3650 Austin Bluffs Parkway, Suite 188 Colorado Springs CO 80918 FORT COLLINS REGIONAL SERVICE CENTER 300 E. Foothills Parkway Fort Collins CO 80525 GRAND JUNCTION SERVICE CENTER 222 S. Sixth Street, Room 208 Grand Junction CO 8 150 1 PUEBLO SERVICE CENTER 3 10 E. Abriendo Avenue, Suite A4 Pueblo CO 81004 County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT } ss. TO ASPEN LAND USE REGULATIONS State of Colorado } SECTION 26.304.060(E) I, n V V, `= `� C) A �\ , � beingor representing e r sentng an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.304.060(E) of the Aspen Municipal Code in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attached list, on the`'j 1S\ day of Sl , 200-W (which is days prior to the public hearing date of 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the@n�day of 9 , 200D], to the L day of , 2000)11. (Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto. DATE q5 . *��,� TIME u, PLACE j�G Sc�Y"G"�«:G?yi4xi r �r(.tl,Mn� R.w.M TR w s✓'r WITNESS NIY HAND AIND OFFICIAL SEAL. 10 My Commission expires: Q ciol k Notary Public ASPEN CENTER FOR ENVIRONMENTAL STUDIES O PUPPY SMITH ST ASPEN, CO 81611 11TY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 �OROWITZ JAMES M 110 E HALLAM SUITE 104 ASPEN, CO 81611 RILL STREET VENTURE LLC PO BOX 1112 CRESTED BUTTE, CO 81224 .UPPY SMITH LLC 205 S MILL ST SUITE 301A ASPEN, CO 81611 &AGUE HENRY B 412 N MILL ST ASPEN, CO 81611 • XSPEN CONSOLIDATED SANITATION 565 N MILL ST ASPEN, CO 81611 .FULLER VICTORIA B 1949 W WABANSIA CHICAGO, 1L 60622 ✓f 4ARTIN MICHAEL S 4150 IRVING PL CULVER CITY, CA EMBER WILLIS PO BOX 8073 ASPEN, CO 81612 /REIDSCROFT PARTNERSHIP PO BOX 10443 ASPEN, CO 81612 /S POSTAL SERVICE WESTERN REGION SAN BRUNO, CA 94099 • /BEYER ALAN R. 410 N MILL ST B-11 ASPEN, CO 81611 ,9ARWOOD JANET PLETTS SARAH A AS JT TENANT PO BOX 3889 ASPEN, CO 81612 _.,MILL STREET MILAGRO CORPORATION A COLORADO CORPORATION 414 N MILL ST ASPEN, CO 81611 ,?�ITKIN COUNTY 530 E MAIN ST STE 302 ASPEN, CO 81611 YtOARING FORK VENTURES LLC 557 N MILL ST ASPEN, CO 81611 PUBLIC NOTICE RE: OTHELO'S SK8 SHOP CONDITIONAL USE REVIEW FOR SALES AND RENTAL OF SPORTING GOODS AND TO ALLOW FOR MORE THAN 25% OF FLOOR AREA TO BE DEVOTED TO RETAIL, OFFICE, SHOWROOM, OR CUSTOMER RECEPTION IN THE S/C/I ZONE DISTRICT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 2, 2001, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, 130 S. Galena St., Aspen, to consider an application submitted by Othelo Clark requesting approval for a Conditional Use in the Service/Commercial/Industrial (S/C/I) Zone District to allow for sales and rental of sporting goods and to allow for more than 25% of his floor area to be devoted to retail, office, showroom, or customer reception. The subject property is located at 465 N. Mill Street, Ste. #5. For further information contact Sarah Oates at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920- 5441, saraho@ci.aspen.co.us. s/Jasmine Tygre, Chair Aspen Planning and Zoning Commission City of Aspen Account Published in the Aspen Times on September 15, 2001 a- Ln 'p 79 m o as Iro A a° V c <n�o Dz CO _o mCL Cc r- V m p L > Ir ? 00 f i �, c CL d a U O Li z m m w ->, 0 cf� CJ r H P4 `A o G4 Z z 8 U 9 S, o N > N y. o H d LLaz nm HW 7 CD Z p � Cd " )'1 r1-,-- EC Cd� p Haa yf 9 ¢yC a cc Q� a 9661 I!Jad '008£ wJod Sd m m m H w (J as 0 x ° w a -'Co`ro q co LL L C H .il IL �' .tl aiO "),ZLL ' .�.. �3' U ra .® 3S P4 _m g, m Q 6 c V cc E E E !i5 !n a a a U CC a[ $ cc p16 966 L I!jd`d 'nnag wjo.4 S,4 m •� 0" Ln T! m :�. o L a- Q O L � d p (D Cn r_ U C Y .� N C N 7 a. 0 c tno z Cce r v O V urZ c U CL N .� aCD V ACC. rn o �n �: C` S cc t o r� E- U J �O LL rr.. P4 LL 2' ` .e J C 3 p y m LL 2 o � a C orr. 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ZO V_ C/� L- p •� Q �i a �[ C W 1) m �°-' C a 4, c Si E E E w Q H E H C Q a H a U ug Cr ..�� (L F .m- ¢ ram a 0 N LL p U- Z L aq v i LL o va ` -W m G ¢e a U <n cc ¢ 966t •g c z D v v m U) Cn 0 0 3 v m •E a 0 P I s n. �o d ip d■ pl i■ m 7 • U) 9661 I!jdb' '008£ waod Sd 9S �• i to receive the ;ervices (for an ddressee's Address d estricted Delivery N ostmasterfor fee. n v sg 3 597 c -� Certified ¢ k` ❑ Insured .N 22 1 :handise ❑COD 0 i 0 O V F; aS ; % ; (Only if requested '008£ w1od Sd PS Form ,811, December 1 uarnesuc _---_'-_'----------------------- **** U.S. POSTAL SERVICE ASPEN MAIN G1611-9998 0?0432 HANK G. 47.00 08-31-01 � 01 __... ..... _13:39:21 CUSTOMER RECEIPT _-----_'_-___-_-- 109 POST VAL IMP ------ 39.40 ($3.94 x 10) ^ 109 POST VAL. IMP Z7 58 TOTAL ---98 — CREDIT CARD 66.98 bb.98 -------- CHANGE .00 *** /rmMK YOU *** ------------------------------ • 0 Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. a5i S' ature 67- The foregoing "Affidavit of Notice" was acknowledged before me this _ day roll 200_, by PUBLIC NOTICE RE: CITYPEN LAND OF ASUSE CODE AMEND- MENT TO CHANGE THE NAME OF THE MOBILE HOME PARK ZONE DISTRICT TO R-3, HIGH DEN- SITY RESIDENTIAL NOTICE IS HEREBY GIVEN that a public hearing will be held on October 9, 2001, at a meeting to begin at 5:00 P.M. before the Aspen City Council, Council Chambers Meeting Room, City Hall 130 South Galena, Aspen, to consider an application submitted by the Smuggler Park Home Owners Association, requesting approval for a Proposed Code Amendment to Section 26.104.100, Definitions, Section 26.220, and Section 26.710.120, Residential Mobile Home Park to change the name of the Mobile Home Park Zone District to R-3 (High Density Residential). For further information contact Sarah Oates at the Aspen /Pitkin Community Development Department, 130 South Galena St., Aspen, CO (970) 92(►5441, i �a � �erud, Mayor Aspen City Council PubYshed in The Aspen Times on September 22, 2001.(76552) WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ,pen, CO SCHEDULED PUBLIC HEARING DATE: 10/9zC/ , 200 STATE OF COLORADO ) ) SS. County of Pitkin ) I,y C� �/VL`� S �I A (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least ten (10) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) • Councilman Hershey moved to approve Resolution #74, Series of 2001; seconded by Councilman Semrau. All in favor, motion carried. RESOLUTION #77, SERIES OF 2001 - Temporary use Othello SK8 Shop Councilman McCabe stated his business is below this use and is impacted. Councilman McCabe said he would like to participate in the discussion but will recuse himself from voting. Joyce Ohlson, community development department, told Council this is located in the S/C/I zone and is sharing a space with Use is Again Sports. Ms. Ohlson explained the applicant applied for a business license several months ago and when it was reviewed by staff, they suggested the applicant apply for a conditional use approval. There are 3 parts to this business; one is rental and repair of skateboards; the second is commercial recreational use; and the 3`d which was nighttime entertainment has been withdrawn. Ms. Ohlson said the first use is in compliance with the S/C/I. The zone allows 25 % of the shop to be devoted to retail; this proposal is about 20 % retail. The commercial recreational use is a half pipe for use in the store. Staff does not feel this use is in keeping with intent of the S/C/I. If Council does want to approve this, the commercial recreational use should only be approve from 4 p.m. to 7 p.m. Monday through Friday and 10 a.m. to 7 p.m. Saturday and Sunday due to the impacts on the adjoining properties and the impacts on the residences in the area. Othello Clark, application, told Council the skateboard ramp does make noise and he agrees not to start before 4 p.m. The commercial fees go toward maintaining the half pipe; it is for people to try out their skateboards. Mayor Klanderud opened the public hearing. Tim Fortier, shop owner next door, noted there is less than 6 weeks left for this use. Fortier suggested Council look into leasing the top floor of 13 the Youth Center for an indoor half pipe. Skip, told Council his kids use this facility. Skip said the skateboard park is the best thing and he acknowledged the city for constructing this; however, when it rains kids go to the SK8 shop. Tom McCabe, Aspen Repair Service, told Council the amount of noise from the half pipe makes it impossible to hear in shops below. McCabe said he would agree to the hour restriction and this sublease is only good until September 15`h. Toni Kronberg supports the use at this site. Ms. Kronberg noted there is not entertainment for kids at night. This shop provides something for kids to do. Ms. Kronberg urged Council to think about the next step for providing an opportunity for kids at night. Regan Ritchie said Othello's shop provides a safe place for beginner skateboarders to practice. Mayor Klanderud closed the pubic hearing. Mayor Klanderud said she is concerned about the safety of this operation. John Worcester, city attorney, said it is not the city's job to regulate private businesses in terms of safety. Councilman Hershey said this use is only for 6 weeks. Councilman Hershey said he likes this use. Councilman Hershey moved to approve Resolution #77, Series of 2001, approving the retail use and the commercial recreation use during the hours of 4 to 7 p.m. Monday through Friday and 10 a.m. to 7 p.m. on weekends only; seconded by Councilman Semrau. All in favor, motion carried. RESOLUTION #155, SERIES OF 2000 - 303 South Cleveland John Worcester, city attorney, suggested Council table this until the end of the meeting in order to negotiate with the applicant. Councilman Hershey moved to table this to the end of the meeting; seconded by Councilman Paulson. All in favor, motion carried. REQUEST FOR FUNDS - Roaring Fork Kids 14