HomeMy WebLinkAboutLand Use Case.CU.720 E Durant Ave.A122-00 CASE NUMBER Al22 -00
PARCEL ID # 2737 - 182 -42049
CASE NAME Kolor Wheel Conditional Use
PROJECT ADDRESS 720 E. Durant
PLANNER Nick Lelack
CASE TYPE Conditional Use
OWNER/APPLICANT Kathie Schulman
REPRESENTATIVE Same
DATE OF FINAL ACTION 11/7/00
CITY COUNCIL ACTION
PZ ACTION Reso. 56 -2000
ADMIN ACTION Approved
BOA ACTION
DATE CLOSED 11/8/00
BY J. Lindt
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order ", is hereby issued pursuant to Section
26.304.070, "Development Orders ", and Section 26.308.010, "Vested Property Rights ",
of the City of Aspen Municipal Code. This Order allows development of a site specific
development plan pursuant to the provisions of the land use approvals, described herein.
The effective date of this Order shall also be the initiation date of a three -year vested
property right. The vested property right shall expire on the day after the third
anniversary of the effective date of this Order, unless a building permit is approved
pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a
revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of
vested property rights, this Order shall remain in full force and effect, excluding any
growth management allotments granted pursuant to Section 26.470, but shall be subject
to any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Kathie Schulman, 720 E. Durant Ave. ste. E2, Aspen, CO 81611
Property Owner's Name, Mailing Address and telephone number
Unit E2, Durant Mall, 720 E. Durant
Legal Description and Street Address of Subject Property
Conditional Use Approval for Paint Your Own Ceramics Studio
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Planning and Zoning Commission Reso. #56 -2000, 11/7/00
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
November 18, 2000
Effective Date of Development Order (Same as date of publication of notice of approval.)
November 19, 2003
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
Issued this 18 day of November, 2000, by the City of Aspen Community
elopment Dirrct
J e A Woods, Com Development Director
PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right pursuant to the Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property: Unit E2, Durant Mall, 720 E. Durant, by resolution of the
Planning and Zoning Commission numbered 56 series of 2000. For further information
contact Julie Ann Woods, at the Aspen/Pitkin Community Development Dept. 130 S.
Galena St, Aspen, Colorado (970) 920 -5090.
s /City of Aspen Account
Publish in The Aspen Times on November 18, 2000
MEMORANDUM
TO: Planning and Zoning Commission
THRU: Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Directo&J t
FROM: Nick Lelack, Planneia
RE: Kolor Wheel Conditional Use - Paint Your Own Ceramic,
Arts and Craft Studio in Neighborhood Commercial Zone
District
DATE: November 7, 2000
APPLICANTS /REPRESENTATIVES:
Kathie Schulman
LOCATION:
720 East Durant j
ZONING:
Neighborhood Commercial (NC)
REVIEW PROCEDURE:
Conditional Use:
The Planning and Zoning ' " '
Commission shall by resolution
approve, approve with conditions,
or deny a development application This photograph shows the building located
for a conditional use, after at 720 East Durant where the Kolor Wheel
recommendation by the operates in a space of approximately 600
Community Development square feet.
Director.
SUMMARY:
This application requests approval
to operate a "paint your own
ceramics, arts, and crafts
studio ", which is a conditional
use in the Neighborhood
Commercial zone district.
STAFF COMMENTS:
Kathie Schulman, owner of the Kolor Wheel (Applicant) has applied for
conditional use approval to operate a "paint your own ceramics, arts, and
crafts studio" in the Neighborhood Commercial (NC) Zone District.
In September, City Council approved an amendment to the Land Use Code to
include "paint your own ceramics, arts, and crafts studio" as a conditional use
in this zone district.
The operational style of this studio and expected impacts on the surrounding
properties has been and is expected to be similar to uses already allowed as
permitted and /or conditional uses in the zone and nearby zone dist
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nth_ t The arrow points to the 700 Block of East Durant, where the Kolor Wheel currently
operates and is requesting approval to continue operating.
Staff recommends approval of this application, finding that the review
criteria have been met. Specifically, believes the proposed use is`clearly
comp iat ble with the Aspen Area Community Plan (AACP) because is a
locally owned and operated small business, and a use that contributes to
the community charac er y its emp ass on education and the arts. In
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addition, the use is compatible with the character of the immediate
vicinity. The use would not have a substantial effects on traffic
generation and road safety, impose demands on public facilities that
would exceed the systems' capacities, or any visual, noise, or related
impacts.
RECOMMENDATION:
Staff recommends approval of this request.
RECOMMENDED MOTION:
"I move to approve Resolution No.SQ Series of 2000, approving Kolor
Wheel's conditional use for a "paint your own ceramics, arts, and crafts
studio" at 720 East Durant, with conditions."
ATTACHMENTS:
Exhibit A — Review Criteria and Staff Findings
Exhibit B — Application
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EXHIBIT A
KOLOR WHEEL CONDITIONAL USE
REVIEW CRITERIA & STAFF FINDINGS
26.425.040 Standards applicable to all conditional uses.
When considering a development application for a conditional use, the
Planning and Zoning Commission shall consider whether all of the following
standards are met, as applicable.
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Community Plan,
with the intent of the zone district in which it is proposed to be
located, and complies with all other applicable requirements of
this Title; and
Staff Finding
Staff believes the proposal is consistent with all elements of the AACP.
Specifically, the Economic Sustainability philosophy states that "local
ownership of business helps maintain our communities unusual character,
tends to return more money to the local economy, and provides additional
opportunities for upward mobility of working people."
Two policies under this section are to (1) Encourage local ownership of
businesses, and (2) Ensure government support of a diverse business and
non - profit community. A related action, Action No. 91, calls for the City to
"Study and consider ways to support a diversity of small, locally owned
businesses in the commercial core as opposed to national chain stores and
tourist -only oriented retail." These elements of the AACP support the
proposed amendment in terms of encouraging locally owned, diverse
businesses near the commercial core.
Staff believes the conditional use is consistent with all aspects of the AACP
as well as the zone district and all other applicable requirements of the Land
Use Code.
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
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Staff Finding
Staff believes the proposed conditional use is consistent and compatible with
surrounding land uses for the 720 Durant property, and enhances the
mixture of complimentary uses and activities in the immediate vicinity of the
parcel. This use would continue to operate near the base of the mountain
and a block from the commercial core; it would compliment other tourism -
related businesses in the immediate vicinity as well as serving local residents
living nearby.
Staff believes this criterion is met.
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
Staff Finding
Staff believes the location, size, design, and operating characteristics of the
proposed conditional use would continue to minimize adverse effects on
surrounding properties. This business has had and is expected to have the
same visual and operating characteristic as the uses that are already allowed
in the building, on the block, and in the neighborhood.
The NC zone and other neighboring zone districts (Lodge /Tourist/Residential,
Commercial Core, Resident Multi- Family) allows for and contains a mixture
of uses with a high amount of commercial activity, deliveries, pedestrian
traffic, and the general affects of commercial activity. The business has been
and would continue to be contained within the building and not have any
exterior impacts. Outdoor merchandising is not expected and would not be
permitted.
The property is on the edge of the Commercial Core and this use is expected
to be in similar character as the uses already permitted as of right in the
Commercial Core and Commercial Zone Districts; the RMF and LTR Zone
Districts allow for a variety of tourist and residential accommodations.
Staff believes this criterion is met.
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
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Staff Finding
All appropriate utility agencies and the City Engineer were referenced on the
previous Land Use Code amendment application for this use/business and
reported the ability to serve this project.
E. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by
the conditional use; and
Staff Finding
No increase in net leasable square footage is requested, so affordable
housing mitigation is not required. The business would operate in
existing, vacant space.
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.•, ,
RESOLUTION NO. g
(SERIES OF 2000)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING THE KOLOR WHEEL CONDITIONAL
USE FOR A PAINT YOUR OWN CERAMICS ARTS AND CRAFTS
STUDIO IN THE NEIGHBORHOOD COMMERCIAL ZONE DISTRICT
AT 720 EAST DURANT, CITY AND TOWNSITE OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel Identification # 2737 - 182 -42 -049
WHEREAS, the Community Development Department received an
application from Kathie Schulman, owner of the Kolor Wheel (Applicant), for a
conditional use to operate a paint your own ceramics arts and craft studio in the
Neighborhood Commercial (NC) Zone District in a space of approximately 600
square feet; and,
WHEREAS, pursuant to Section 26.710.170(C) of the Land Use Code, the
Neighborhood Commercial Zone District allows paint your own ceramics arts
and craft studio as a conditional use; and,
WHEREAS, pursuant to Section 26.425 of the Land Use Code, the Aspen
Planning and Zoning Commission may approve a conditional use during a duly
noticed public hearing after considering comments from the general public, a
recommendation from the Community Development Director, and
recommendations from relevant referral agencies; and,
WHEREAS, the Community Development Department reviewed the
application and recommended approval with conditions; and,
WHEREAS, during a duly noticed public hearing on November 7, 2000,
the Planning and Zoning Commission approved, by a _ to _ ( -.3 vote,
conditional use approval for a paint your own ceramics arts and craft studio at
720 East Durant, with conditions contained herein; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the
Municipal Code as identified herein, has reviewed and considered the
recommendation of the Community Development Director, the applicable referral
agencies, and has taken and considered public comment at a public hearing; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards and
that the approval of the development proposal, with conditions, is consistent with
the goals and elements of the Aspen Area Community Plan; and,
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WHEREAS, the Aspen Planning and Zoning Commission finds that this
Resolution furthers and is necessary for the promotion of public health, safety, and
welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen
Municipal Code, the Kolor Wheel's conditional use approval for a paint your own
ceramics arts and craft studio is approved subject to the conditions described
hereinafter.
Conditions of Approval:
1. This business /use shall not expand in any way, including, but not limited
to, square footage and operating characteristics without gaining approval
by the Planning and Zoning Commission.
Section 2:
This Resolution shall not effect 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 3:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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.
APPROVED by the Commission at its regular meeting on November 7, 2000.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney Robert Blaich, Chair
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yr
ATTEST:
Jackie Lothian, Deputy City Clerk
C: \home \nickl \Active Cases \Kolor Wheel \PZ Conditional Use MEMO.doc
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26.425.050 Procedure for Review
Submitted by: Kolor Wheel of Aspen, LLC
Kathie Schulman - Owner
720 E. Durant Avenue - Suite E2
Aspen, CO 81611 (970) 544 -6191
Request for the Planning & Zoning Commission to approve the Kolor Wheel's desire to
be added to the "Conditional Use" list for our location at 720 E. Durant which is in the
NC Zone.
On August 8, 2000, the Planning & Zoning Commission unanimously recommended City
Council approve the amendment to add "paint your own ceramics, arts and crafts studio"
as a Conditional Use in the NC Zone district. The Development Staff was then directed
to create a definition that would cover Kolor Wheel's operations and make it clear to
preclude high -end ceramic art studios from locating in the NC Zone district in the future.
The Kolor Wheel is an art studio which is open to the public and includes the painting
and making of ceramics, which are then glazed (with non -toxic and environmentally safe
products) and fired in a Kiln. Kolor Wheel provides the public with a venue in which to
be creative in the art of ceramics. We provide instruction and encouragement for our
customers to enjoy an afternoon of arts, crafts & fun at affordable rates. Additionally, we
support the needs of many Local "special interest" groups and charitable events.
The definition that the Development Staff has created is perfectly suitable as it clearly
defines the Kolor Wheel's operations:
PAINT YOUR OWN CERAMICS, ARTS, AND CRAFTS STUDIO: "A workshop
that includes the glazing, firing, and/or painting of ceramics by hand or involving the use
of hand tools or small scale equipment by the public, which may include accessory retail
sales and office space for purposes directly related to the studio; the use is not intended to
exclusively serve as an artisan's studio ".
City Council has approved both the first and second readings on August 14th and
September 11, 2000 by a vote of 4 -1 and 3 -1 respectively. It is my hope that the meeting
on November 7, 2000 will conclude this application process with an approval of my
Conditional Use request.
Thank you for your time and consideration.
Sincerely,
•
KOLOR of ASPEN, LLC.
c ulman - Owner
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