HomeMy WebLinkAboutagenda.apz.19940118A G E N D A
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ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
January 18, 1994, Tuesday
4:30 P.M.
2nd Floor Meeting Room
City Hall
I. COMMENTS
.Commissioners
Planning Staff
Public
II. MINUTES
PUBLIC HEARINGS
A. BCS Pilates Studio Conditional Use Review and Change
in Use, Leslie Lamont
IV. OLD BUSINESS
A. Moore Referral Revision
V. ADJOURN
5:00 PM, Council Chambers: GMQS Changes, Cindy Houben
Joint Meeting with the City Council, Board of County Commissioners
and County Planning and Zoning Commission
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Suzanne Wolff, Administrative Assistant
RE: Upcoming Agendas
DATE: January 18, 1994
Regular Meeting - February 1
Bellock Conditional Use and Stream Margin Reviews (ML)
Possible Special Meeting - February 1, 4:30 - 6:30 PM
GMQS Revisions (with County P&Z)
Special Meeting - February 9, 5:00 PM, Council Chambers
Independence Place Work Session with City Council
Regular Meeting - February 15
Williams Ranch Conceptual PUD, Rezoning as Threshold Issue (ML/LL)
RO Text Amendments (LL/CH)
Regular Meeting - March 8
Independence Place (Superblock) SPA Designation, Conceptual SPA
Plan, Text & Map Amendments, Commercial GMQS & GMQS Exemption
(LL)
a.nex
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Senior Planner
DATE: January 18, 1994
RE: BCS Properties - GMQS Exemption for a Change in Use and
Conditional Use for a Pilates Studio
SUMMARY: The applicant seeks a GMQS Exemption for a change in use
from a primary residential unit to a mixed service/commercial and
residential space and a conditional* use for the installation of an
exercise studio.
The Planning Department recommends approval of the GMQS Exemption
and the conditional use.
APPLICANT: BCS Properties as represented by Howard Bass.
LOCATION: 530 E. Bleeker Street (behind the jail)
ZONING: Service/Commerical/Industrial (S/C/I)
APPLICANT'S REQUEST: Change in use from residential to
service/commercial space and conditional use for the creation of
a Pilates-based fitness studio.
PROJECT DESCRIPTION: According to the application, BCS owns the
metal shed two story building between East Bleeker and Rio Grande
Drive. The property is zoned S/C/I and houses several industrial,
paint, and florist type businesses. On the second floor of the
building are four, 750 square foot, free market rental apartments,
two bedrooms each.
The applicant has proposed to convert one of the dwelling units
into a Pilates-based fitness studio. Pilates is a specialized
physical conditioning technique that uses distinctive equipment for
the work-out. The system has been used primarily for dance
training and is often used for rehabilitation purposes and athletic
training.
The applicant intends to maintain the dwelling unit for housing for
the Pilates' trainer. Although, the dwelling unit is not being
eliminated (which does not trigger Ordinance 1 review) the space
is being converted to a commerical use. Therefore, staff
recommends change in use review. Home occupations are a permitted
use in the S/C/I zone district.
A dance studio and martial arts studio are conditional uses in the
S/C/I zone district. In the past, the Planning Department has
interpreted that gyms and athletic studios fall into those
categories. Therefore, staff recommends that the Pilates Studio
be reviewed as a conditional use in the S/C/I zone district.
STAFF COMMENTS:
A. Change in Use - Pursuant to Section 24-8-104 B(b) of the
Municipal Code, the Commission may grant a GMQS Exemption for a
change in use provided that it can be demonstrated that the change
in use will have minimal impact upon the city. A determination of
minimal impact shall require a demonstration that a minimal number
of additional employees will be generated by the change in use and
that employee housing will be provided for the additional employees
generated; 'that a minimal amount of additional parking space will
be demanded by the change in use and that parking will be provided;
that there will be minimal visual impact on the neighborhood from
the change in use; and that minimal demand will be placed on the
city's public facilities from the change in use.
RESPONSE: The addition of the Pilates .Studio will have minimal
impact to the City. The Housing Office reviewed the change in use
and found that additional employees were not being generated by the
change (see attached referral comment). Although parking is
problematic in this area, the parking garage is 1/2 a block away
for clients of the studio, the street has been signed for 90 minute
parking, and the number of occupants in the dwelling unit will be
reduced. There will be no visual change in the exterior of the
building and any advertisement shall comply with the -city's sign
code.
B. Conditional Use - Pursuant to Section 24-7-304 the criteria for
a conditional use review are as follows:
A. The conditional use is consistent with the purposes,. goals,
objectives and standards of the Aspen Area Comprehensive Plan,
and with the intent of the Zone District in which it is
proposed to be located; and
RESPONSE: The purpose of the S/C/I zone district is to allow for
the use of land for the preservation or development of limited
commercial and industrial uses which do not require or generate
high customer traffic volumes and to permit customary accessory
uses, including residential dwelling units.
The proposed Pilates Studio will have no more than five machines
in the studio. The work out consists of one person per machine
with the assistance of the trainer. Therefore, no more than six
people will be occupying the space at one time. Sessions will last
one hour and it is anticipated there will be four sessions a day
five to six days a week.
2
As mentioned above, the trainer will live on the premises. The
AACP recommends the encouragement of live/work space in the
downtown.
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed for
development and surrounding land uses, or enhances the mixture
of complimentary uses and activities in the immediate vicinity
of the parcel proposed for development; and
RESPONSE: There have been a variety of gyms and work-out studios
in the S/C/I zone district over the years. Small, service oriented
businesses are common in this zone district. People will use the
Pilates Studio on an as -need -basis unlike a club where membership
is required. The average client will use the facility two to three
times a week.
C. The location, size, design and operating characteristics of
the proposed conditional use minimizes adverse effects,
including visual impacts, impacts on pedestrian and vehicular
circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties; and
RESPONSE: A restroom is available in the space. The work-out is
not strenuous and therefore does not require shower facilities.
The only item necessary.for the work out.is the pilates machine.
There will be no additional waste generated by this use other than
the obvious household refuse from the residential aspect of this
space.
Although parking appears chaotic in this section of town, Rio
Grande Drive is signed for 90 minute parking and the parking garage
is 1/2 a block away. Both measures enhance the ability of this
commerical area to service patrons on a short-term basis.
The City anticipates negotiations with both property owners of this
building (Bass/Obermyer) and those along East Bleeker Street to
potentially swap city owned land and/or close Bleeker Street to
improve traffic circulation and parking concerns.
D. There are adequate public facilities and services to serve the
conditional use including but not limited to roads, potable
water, sewer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services,
drainage systems, and schools; and
RESPONSE: The public facilities are adequate to serve the new use
in this space.
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use; and
RESPONSE: The Housing Office determined in the, change in use review
that there is no incremental employee generation from this use or
a full conversion of the space from residential to
service/commercial.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan
and by all other applicable requirements of this chapter.
RESPONSE: The proposed conditional use will comply with the other
regulations of this chapter.
RECOMMENDATION: Staff recommends approval of the change in use
from primary residential to mixed service/commercial and
residential and the conditional use of a Pilates Studio in one of
the four 750 square foot residential spaces at 530 East Bleeker
Street with the following conditions:
1. This change in use only applies to one 750 square foot
residential dwelling unit at 530 East Bleeker Street.
2. The dwelling unit shall be maintained in the Pilates space.
If the dwelling unit is eliminated the applicant shall be subject
to Housing Replacement Program requirements (Ordinance 1, 1990).
3. The applicant shall adhere to all representations made in the
application and at the public hearing.
4. The conditional use approval is for a Pilate -based fitness
studio only. Any other service/commercial/industrial venture, in
this space, shall require an amendment to this conditional use.
5.- Prior to the issuance of any building or demolition permits
and/or a business licence, the applicant shall submit a floor plan,
to the Planning Department, of the 4 residential units and indicate
which unit shall be used as the Pilates-based fitness studio.
RECOMMENDED MOTION: "I move to grant a GMQS Exemption for the
change in use of one 750 square foot dwelling.unit from a primary.
residential use to a mixed service/commercial and residential use
and the conditional use for a Pilates-based fitness studio at 530
East Bleeker.Street with the conditions as stated in Planning memo
dated January 18, 1994."
Exhibits
1. Housing Office Referral Comment
2. Pilates Equipment Photo
4
MEMORANDUM
NOV J 7
TO: Leslie Lamont, Planning Office
FROM: Cindy Christensen, Housing Office
DATE: November 16, 1993
RE: BCS Properties Change in Use
Parcel ID No. 2737-073-00-041
The applicant, Howard Bass, is requesting to convert four 750
square foot, two -bedroom apartments into commercial space. This
represents 3,000 square feet (750 X 4), and 8 bedrooms (4 X 2).
The applicant not only has�to mitigate according to Ordinance 1
(Section 18), Demolition/Replacement, but also to the change -in -
use.
Ordinance 1 (Section_18-3.3). Housina Replacement Reauirements:
According to Section 18-3.3(a), the owner is required to construct
replacement housing consisting of no less than fifty percent (50%)
of the square footage of net residential area being demolished or
converted. The replacement housing shall be configured in such a
way as to replace fifty percent (50%) of the bedrooms that are lost
as working resident housing by demolition or conversion. .The
replacement housing shall also be deed restricted as affordable
housing.
According to Section 18-3.3(b), the replacement units are required
to be developed on the same site on which the demolition or
conversion has occurred, unless the owner demonstrates that
replacement of the units on -site would be incompatible with adopted
neighborhood plans or would be an inappropriate planning solution
due to the site's physical constraints.
Also according to Section 18-3-3(c), the replacement units need to
be available for occupancy at the same time as the new unit or
units, regardless of whether the replacement units are built on -
site or off -site.
Change -In -Use:
Pertaining to the change -in -use, the applicant has to mitigate for
4.14 employees, which is derived as follows:
S/C/I Zone District = 2.3 employees/1,000 sq. ft. at
3,000 sq. ft. = 6.9 employees X 60% mitigation = 4.14
employees.
The applicant presently receives credit for the employee generation
from the existing four two -bedroom units (4 2-bedroom units = 9
free-market residents; 9 T 65% = 13.85; 13.85 - 9 = 4.85 [GMQS
threshold = 35% of total development as affordable housing)). The
applicant receives credit for 4.85 employees. Therefore, there is
no mitigation requirement for the change -in -use.
c:\word\referral\bcs.ciu
2
pts Reformer
"I have confidence
craftsmanship, yournt
and in your knowledge
understanding of the J(
Pilates technique, 9s,, w
as your recognition dk
appreciation of his cdqc
I believe that Joe would
approve of you andVA
reproductions of the�Pjjl
equipment. We enj6V,,.-U'
I
the Reformer we " rU
from you.'
MEMORANDUM
TO: Aspen Planning and zoning commission
FROM: Leslie Lamont, Senior Planner
DATE: January 18, 1994
RE: Moore Referral - Revision #6 condition of Approval
-------------------------------------------------------------
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SUMMARY: At the January 4. 1994 meeting, the Commission requested
revisions to 'the condition of approval prior to the Referral
Comments being forwarded to the County P&Z.
Please find attached staff Is recommend condition. These revisions
are based upon the minutes from the January 4 meeting.
MOORE FAMILY SUBDIVISION - REFERRAL COMMENTS
#6 - Revised
The original recommendation read:
The Moore family general submission application is not
consistent with the AACP Transportation Action Plan because
the applicant does' not provide an adequate, independent
commitment for transportation improvements at the Maroon
Creek/Highway 82 intersection and on Maroon Creek Road; does
not provide an adequate, independent commitment for transit
use and does not significantly discourage auto use by the
residents of the proposed development.
Base upon the Commissioner's comments and suggested revisions,
staff suggests the following language for a condition related to
the Transportation section of the AACP:
The Moore family general submission as submitted is not
entirely consistent with the AACP Transportation Action
Plan but the Commission has discussed several ideas and
alternatives that should be considered. Those ideas that
were discussed include:
A separate dedicated transit corridor and system to
facilitate movement from this area into town linking
the potential Highlands development, hospital,
Marolt housing, Twin Ridge etc. - said transit
corridor should remove traffic from the entry into
town and reduce the amount of automobiles on Highway
8 2 ;
Programmatic changes in the schools to reduce
the number of automobile trip to the schools -
priority housing for teachers, ski storage on -
site and auto disincentives;
Evaluate future growth potential of
surrounding area properties and determine an
equitable fair share of cost to mitigate
traffic impacts, Moore property development
could "front" the costs for improvements but
as future development comes "on-line" the
Moore's would be refunded the up -front costs
and would ultimately only pay their fair share
cost for improvements; and
Money should be allocated to pursue a
transportation plan that would consider the
above ideas and explore a separate corridor
into Aspen.
JANUARY 18, 1994
TO: ASPEN PLANNING & ZONING COMMISSION
FROM: BCS PROPERTIES, MICHELE BODNER
LOCATION OF PROPERTY: 530 E. BLEEKER ST.
RE: CONDITIONAL USE REVIEW & CHANGE IN USE, PILATES STUDIO
AFFIDAVIT OF NOTICE AND POSTING
This is to advise Aspen Planning & Zoning that a "Notice of
Hearing" was posted on the above property at least ten (10) days
prior to this meeting and a "Mailing of Notice" was mailed to all
owners within 300 feet of the property within the required number
of days. A picture of the sign and a copy of the mailing list are
attached hereto.
BY:
-SMORN TO
FORE i b1E IN THE
COUAIiY
' f3TA �y ° �srarE OF C
THIS aARAD®
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of
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P�r D J
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MY Commission Expires; June 16
1994
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, 3RD FLOOR
ent J. Higens ASPEN, COLORADO 81611 Christina Davis
,sident 303-925-1766 : 303-925-6527 FAX vice President
300' OWNER'S LIST
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the
State of Colorado, hereby certifies the following list is a current list
of property owner's within three hundred feet of a tract or parcel of land
with S2SW4 of Section 7-10-84 W. in East Aspen Addition, as obtained from
the most current Pitkin County Assessors Tax Rolls, and updated to January
01, 1994.
NAMES AND ADDRESSES TAX SCHEDULE NUMBER
--------------------------------------------------------------------------
PLEASE REFER TO LIST ATTACHED HERETO AND MADE A PART HEREOF
►u��..j , o�Of-
AUTHORIZED SIGNATURE
AUSTIN FINANCIAL CO.
CONCEPT 600,
UNIT 304
A MINNESOTA CORPORATION
6692 MANCHESTER BLVD.
BUENA PARK
CA
90621
BART MAESTRANZI
CONCEPT 600,
UNIT 305
1101 N. WESTERN
PARK RIDGE
IL
60068
C.A. VIDAL
CONCEPT 600,
UNITS 7-B,
C/O REAL ESTATE AFFILIATES
8-B, 9-B
117 SO. MONARCH STREET
ASPEN
CO
81611
CITY OF ASPEN
RIO GRANDE
130 S. GALENA
ASPEN
CO
81611
CLARK FICKE
CONCEPT 600,
UNIT 202
P.O. BOX 2995
ASPEN
CO
81612
COUNTY OF PITKIN
COURTHOUSE PLAZA,
COUNTY JAIL,
COURTHOUSE
506 E. MAIN
ASPEN
CO
81611
DAVID S. KIDDER
CONCEPT 600,
UNIT 306
3928 UNIVERSITY BLVD.
DALLAS
TX
75205
DON Q. LAMB, JR.
CONCEPT 600,
UNIT 203
LINDA GILKERSON
UNIVERSITY OF CHICAGO -
5640 ELLIS
AVE.
CHICAGO
IL
60637
DONALD R. HEYS
CONCEPT 600,
UNIT 303
MARIE L. HEYS
2495 ADARE
ANN ARBOR
MI
48104
ELIZABETH BORSTNER CALLAHAN
PT. LOT 8, ALL LOTS 9
LOUIS J. ZUPANCIS
& 10, EAST ASPEN ADD.
540 E. MAIN
ASPEN
CO
81611
' FRATERNAL ORDER OF EAGLES METES & BOUNDS
(NO ADDRESS AVAILABLE)
GAILEN B. SMITH
GIGNOUX-LYNCH, LOT 1
P.O. BOX 241
SNOWMAS CO
81654
GEORGE W. MURPHY
GIGNOUX-LYNCH, LOT 2
P.O. BOX 4146
ASPEN CO
81612
GILBERT W. AND PATSY K. HICKS
CONCEPT 600, UNIT 209
TRUSTEES OF TRUST AGREEMENT
3674 WOODLAWN TERRACE PLACE
HONOLULU HI
96822
GRETCHEN AND MICHELE HENRICKS
CONCEPT 600, UNIT 201
WILLIAM AND DEBORAH HENRICKS
P.O. BOX 9403
ASPEN CO
81612
HOLLAND & HART
CONCEPT 600, UNITS 1-A,
2-A, 3-A, 4-A, 5-A, 6-A
600 EAST MAIN STREET
ASPEN CO
81611
JEAN-PAUL AUBE
CONCEPT 600, UNIT 307
522 ALGONQUIN BLVD. EAST
TIMMONS ONTARIO
CANADA
P4N1B7
JERE MCGAFFEY
CONCEPT 600, UNIT 308
777 E. WISCONSIN AVENUE
MILWAUKEE WI
53202
JOHN HOBAN
CONCEPT 600, UNIT 409
5406 N. BRIAN RIDGE CIR.
MCKINNEY TX
75070
JOHN L. SOMMER
CONCEPT 600, UNIT 405
C/O MELVIN L. SOMMER
5094 AVENIDA HACIENDA
TARZANA CA
90049
JOSEPH A. MARCHETTI, TRUSTEE
CONCEPT 600, UNIT
310
1526 FOREST DRIVE
GLENVIEW
IL
60025
KATHLEEN A. MANN
CONCEPT 600, UNIT
309
P.O. BOX 2057
ASPEN
CO
81612
KLAUS F. OBERMEYER
METES & BOUNDS IN
EAST
ASPEN ADDITION
P.O. BOX 130
ASPEN
CO
81612
KLAUS OBERMEYER
LOTS 6 & 71 BLOCK
20
EAST ASPEN ADDITION
P.O. BOX 130
ASPEN
CO
81612
KLAUS OBERMEYER
LOTS 8 & 9, BLOCK
20
EAST ASPEN ADDITION
P.O. BOX 130
ASPEN
CO
81612
LINDA LEE ROSS
CONCEPT 600, UNIT
210
426 HANDLEY BLVD.
WINCHESTER
VA
22601
MARCIA U. FOSTER
CONCEPT 600, UNIT
406
GLENNA C. FOSTER-SEIPP
3215 TARRY HOLLOW DRIVE
AUSTIN
TX
78703
MARTHA FOSTER
CONCEPT 600, UNIT
408
P.O. BOX 585608
DALLAS
TX
75258
PATTI WAKEFIELD
CONCEPT 600, UNIT
205
P.O. BOX 865049
PLANO
TX
75086
RALPH DO RAN
CONCEPT 600, UNIT
402
2500 WOODWARD WAY
ATLANTA
GA
30305
REUBEN M. CHERNIACK
CONCEPT
600,
UNIT
404
EDITH M. CHERNIACK
30 CLERMONT STREET
DENVER
i
CO
80220
I
RICHARD P. COPPOCK
CONCEPT
600,
UNIT
407
P.O. BOX 44
DEXTER
i
MI
48130
i
E RICHARD S. ARNOLD
CONCEPT
600,
UNIT
301
KATHRYN J. ARNOLD
14 RIVERRIDGE TRAIL
ORMOND BEACH
FL
32174
RICHARD W. VOLK REVOCABLE TRUST
OKLAHOMA FLATS, LOTS 1 &
DENICE C. REICH
2, PT. LOT 3,
BLK
1, LOT
5847 SAN FELIPE, SUITE
3600
11 PT. LOT 2,
BLK
2
HOUSTON
TX
77057
RKJR PROPERTIES, LTD.
CONCEPT
600,
UNIT
410
HUFF, TRUST & MITCHELL/JEAN E..TRUST
5934 ROYAL LN. #255
DALLAS
TX
75230
ROBERT D. MILLER
CONCEPT
600,
UNIT
206
RUTH JANE MILLER
600 E. MAIN #206
ASPEN
CO
81611
ROBERT H. BORCHERTS
CONCEPT
600,
UNIT
208
HOLDE H. BORCHERTS
1555 WASHTENAW
ANN ARBOR
MI
48104
STEVE B. BROUGH
CONCEPT
600,
UNIT
207
DEBORAH A. BROUGH
599 TROUT LAKE DR.
SANGER
CA
93657
THOMAS J. HILB
CONCEPT
600,
UNIT
302
4600 EAST 48TH AVENUE
DENVER
CO
80201
TOM J. MARTIN, JR.
CONCEPT
600, UNIT
401
JEAN F. MARTIN
ROUTE 1, BOX 269M
GEORGE WEST
TX
78022
U.S. ARMY CORPS OF ENGINEERS
164 HORIZON DRIVE
SUITE 211
GRAND JUNCTION CO
WILLIAM A. REILLY
JANE WHITAKER REILLY
j 600 E. MAIN ST. #204
f ASPEN CO
WILLIAM DAVID ARNETT
BETTE LEE ARNETT
5333 N. CAMINO REAL
TUCSON AZ
81506
81611
85718
ROARING FORK RIVER
CONCEPT 600, UNIT 204
CONCEPT 600, UNIT 403