HomeMy WebLinkAboutLand Use Case.CU.500 W Main St.A109-01
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CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVIt .
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
A109-01
2735-124-43007
500 W. Main Conditional Use
500 W. Main Sl.
James Lindt
Conditional Use
Carrie Bellotti
Alan Richman
1/15/02
Resolution #1-2002
Approved w/ Condition
1/16/02
J. Lindt
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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 be:low for the site specific
development plan as described below.
Rankin Consulting, LLC., 500 W. Main Street Aspen, CO 81611
Property Owner's Name, Mailing Address and telephone number
Lots R-S, Block 30, City and Townsite of Aspen, 500 W. Main Street
Legal Description and Street Address of Subject Property
Conditional Use Approval for a Pilates and Yoga Studio in the first floor and basement
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Planning and Zoning Commission Resolution #01-2002, January 15, 2002
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
January 26, 2002
Effective Date of Development Order (Same as date of publication of notice of approval.)
January 27. 2005
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 26th day of January, 2002, by the City of Aspen Community
~velopme t Director.
Joyce. hlson, Community Development Deputy Director
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MEMORANDUM
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TO: Aspen Planning and Zoning Commission
THRU: Joyce Ohlson, Deputy Directo;Jt(O
FROM: James Lindt, PlannerUl-
RE: Mesa Store, 500 W. Main St. - Conditional Use Public Hearing
DATE: January 15,2002
REVIEW PROCEDURE:
Conditional Use:
The Planning and Zoning Commission
shall by resolution approve, approve
with conditions, or deny a development
application for a conditional use, after
recommendation by the Community
Development Director.
ApPLICANT:
Carrie Bellotti
REPRESENTATIVES:
Alan Richman
LOCATION:
Mesa Store, 500 W. Main St.
ZONING:
Office
PROPOSED LAND USE:
Pilates and Yoga Studio
SUMMARY:
A Health and Fitness Facility is a conditional use in the Office Zone District. Carrie
Bellotti is requesting conditional use approval to operate a Pilates and Yoga Studio in the
first floor and the basement of the Mesa Store located at 500 West Main St. Staff feels
that a Pilates and Yoga Studio fits under the use category of Health and Fitness Facility.
The front portion of the first floor is proposed to be used for approximately seven (7) to
ten (10) pieces of Pilates equipment. The back portion of the first floor is proposed to be
used for yoga classes. The basement area is proposed to be converted from office space
to men's and women's changing rooms.
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The applicant expects to instruct yoga classes up to six hours a day. The applicant believes
that they will only allow for up to about 14 people in each class because of physical space
constraints. The area set aside for yoga classes would only consist of between about 500 and
600 square feet.
STAFF COMMENTS:
There are 8-10 onsite parking spaces on the west side and to the rear of the building.
Previously, Aspen Cyber Care held computer boot camp classes out of this space which
would draw similar numbers of patrons to the site as the proposed classes will. Land Use
Code Section 26.515.030, Off-Street Parking, requires that commercial establishments in
the Office Zone District provide 3 off-street parking spaces for each 1,000 square feet of
commercial space. The Mesa Store contains between 2,000 and 3,000 square feet of net
leasable square footage which would require between 6-9 off-street parking spaces.
Therefore, this parcel contains enough off-street parking to meet the heightened parking
demand required for doing a class type use.
The change in use of the basement from an office use to a men's and women's changing
room will be handled administratively by the Community Development Director because
the site is designated as a historic landmark. Pursuant to Land Use Code Section
26.470.070(D)(1), Change of Use, a historic landmark can gain an exemption from the
Growth Management Quota System for a change in use under the authority of the
Community Development Director.
Staff feels that the use will have minimal impact on the surrounding neighborhood and
believes that the use will be compatible with the variety of uses that currently exist on
Main Street. The proposed use of a Pilates and Yoga Studio will be complimentary to the
variety of the medical offices that exist on West Main Street. There will be very little
visual impact from the proposed use in that there are no exterior changes proposed for the
building. Staff feels that a condition of approval limiting the hours of operation from 7
AM to 7 PM would be appropriate in this case to insure that any traffic impacts
heightened by the proposed use will not adversely effect the single-family residences to
the west and north of the subject property. Staff finds that the proposed Pilates and Yoga
Studio also meets the Conditional Use criteria set forth in Land Use Code Section
26.425.050 and recommends that the Planning and Zoning Commission approve the
application with conditions as follows:
1. The applicant shall obtain a business license from the City of
Aspen Finance Department prior to opening.
2. The applicant shall obtain a sign pennit prior to erecting any
exterior signage.
3. DUe llj'lJ9liG3l'lt 01,"11 nnt hl'gin c1"""es..pri.o~not
'€I1Ei elasses later than ~
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4. The applicant shall not have classes of greater than fourteen
people at one time.
5. The applicant shall install a fire sprinkler system in basement if
it is over 1,500 square feet in size.
6. The applicant shall install a fire sprinkler system on the first
floor if the entire building exceeds 5,000 square feet in size,
including the basement area.
7. The applicant shall provide a bear-proof dumpster in the alley.
8. The first floor bathroom shall meet the minimum accessibility
standards pursuant to the Uniform Building Code.
9. The applicant shall test for and remove all asbestos in the
basement and first floor.
REFERRAL COMMENTS:
The Building Department has requested that the applicant make the first floor bathroom
meet the Uniform Building Code requirements for minimum al~cessibility in order to act
as both a bathroom and a changing room for patrons with physical disabilities. The Parks
Department has requested that the applicant install a bear-proof trash dumpster. The Fire
Marshal has requested that the applicant install a fire sprinkler system in the basement if
it is over 1,500 square feet. The Environmental Health Department requires that the
applicant test for and remove any asbestos that may exist on in the basement and the
first floor in which they are remodeling the interior.
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission approve the Conditional
Use for a Pilates and Yoga Studio at 500 W. Main Street, with conditions.
RECOMMENDED MOTION:
"I move to approve Resolution No. _, Series of2002, approving the conditional use for a
Pilates and Yoga Studio at 500 West Main Street in the Office Zone District with the
conditions as contained within the resolution."
ATTACHMENTS:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Review Criteria and Staff Findings
Referral Agency Comments
Application
Letter of Authorization from Bob Rankin (Building
Owner)
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EXHIBIT A
PILATES AND YOGA STUDIO 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 lthe 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 that the proposed conditional use is compatible and complimentary to the
surrounding uses. A Yoga and Pilates Studio promotes health and fitness and is
complimentary to the other medical offices on West Main Street which are also in the
Office Zone District. Staff finds that the proposed application does promote the ideology
set forth in the AACP that calls for the community to promote "the Aspen Idea of mind,
body, and spirit" as pointed out in the applicant's memo.
Staff believes this criterion is met.
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 ofthe parcel proposed for development; and
Staff Finding
Staff believes that the proposed use is complimentary to the uses in the immediate
vicinity. Main Street has a variety of uses from restaurants to medical offices and single-
family residences. Staff feels that the proposed use is sufficiently separated from the
single-family residence to the west because of the extra lot between the residence and the
Mesa Sore. The extra lot used for parking increases the building's setback from the
single-family residence to the west.
Staff believes this criterion is met.
C. The location, size, design and operating characteristi,cs of the proposed
conditional use minimizes adverse effects, including vislJlal impacts, impacts
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on pedestrian and vehicular circulation, parking, trash, service delivery,
noise, vibrations and odor on surrounding properties; and
Staff Finding
Staff believes that the proposed use will have minimal adverse effects on the surrounding
areas. Staff is proposing conditions of approval that would limit the operating hours from
7 AM to 7 PM and that would limit the number of people that caal attend a yoga class to
14 in an effort to minimize any' adverse effects. Staff feels that the use will not create
trash, noise, odor, or delivery impacts on surrounding properties. Staff finds that there is
sufficient off-street parking available to accommodate the use.
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
Staff Finding
Staff believes that there are adequate public facilities in the vicinity to serve the proposed
conditional use.
Staff believes this criterion is met.
E. The applicant commits to supply affordable housing to meet the incremental
need for increased employees generated by the conditional use; and
Staff Finding
The proposed conditional use may obtain an exemption firom the Growth
Management Quota System for a change in use because the Mesa Store is a Historic
Landmark. Pursuant to Land Use Code Section 26.470.070, Change of Use, a
GMQS exemption may be granted by the Community Development Director for a
change in use within a Historic Landmark. The applicant has shown that the
proposed use will actually employ less employees than the previous uses in the
subject space.
Staff believes this criterion is met.
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MEMORANDUM
To: Development Review Committee
From: Richard Goulding, Project Engineer
Reference DRC Case load Coordinator
Date: December 4,2001
Re: 500 West Main Street, Conditional Use
The Development Review Committee has reviewed the Innsbruck PUD at their
November 28, 2001 meeting, and has compiled the following comments:
General
1. Sufficiency of Submittal: DRC comments are based on the fact that we
assume the submitted site plan is accurate, that it shows all site features, and
that proposed development is feasible. The wording musll be carried forward
exactly as written unless prior consent is received from thl~ Engineering
Department. This is to alleviate problems and delays related to approvals tied to
"issuance of building permit."
2. R,Q.W. Impacts: If there are any encroachments into thE' public rights-ofway,
the encroachment must either be removed or be subject to current encroachment
license requirements.
Site Review
1. Site Drainage - Requirement -. The foundation drainage system should be
separate from site storm drainage system. Rain and snow melt runoffmust be
detained and routed on site. These facilities must be shown on drainage plans
and submitted for approval prior to application for building permit. The drainage
may be conveyed to existing landscaped areas if the drainage report
demonstrates that the percolation rate and the detention volume meet the design
storm
Information - The City drainage criteria needs to be implemented completely.
This includes but is not limited to erosion control, soil stabilization, and re-
vegetation in disturbed areas. Also, there needs to be an analysis of where the
drainage will flow
2. Sidewalk, Curb, and Gutter - Requirement- sidewalk, curb, and gutter must be
designed using the City of Aspen design standards which are available in the
City Engineering Department.
3. Fire Protection District- Requirement-
Fire Protection District requests the following revisions be made:
Page 2 of 5
December 4,2001
500 West Main Street ConditionallJse
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a. If the total floor area of the building exceeds 5000 square feet it will need to
be sprinkled
b. If the floor area of the basement exceeds 1500 square feet it will need to be
sprinkled
4. Transportation - Requirements- The information were forwarded by
Transportation department:
a. No Comment
5. Building Department - Requirements - The following requirements were
forwarded by the Building Department:
The Building Dept. views this application as a change in the character of the
use of the building.
We reference sec 3404 of the 97 UBC for CHANGE IN USE which wouid
require the building to come into compliance like a new building. This would
require the Bathroom to be re configured to meet sec 1105 for FACILITY
ACCESSIBILITY which would reference the ICC/ANSI A117.1-1998 as a
design standard.
This room couid also be equipped to be used for changing and bathing to
meet 1105.2.1 providing at least one type of fixture or element to be
accessible
6. Parking - Requirement - The following requirement has been forwarded by the
Parking Department:
a. No comment
7. Engineering Department - Requirement- The following requirements have
been provided by the Engineering Department:
a. No comment at this time
Information - The following information has been provided by the Engineering
Department:
a. The submittai of the construction plans to Engineering Department for
reviews prior to application for building permit will benefit the developer and
will facilitate timely processing of the Building Permits.
8. Streets Department - Requirement- The following requirements have been
provided by the Streets department
Page 3 of5
December 4 ,200 I
500 West Main Street Conditional Use
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a. No comment
9. Housing Office - Requirements - The following requirements have been
provided by the Housing Office:
a. No comment
10. Community Development - Requirements - The following requirements have
been provided by the Community Development Office:
a. Comments will
11. Emergency Management Disaster Coordinator - Requirement _ The
following requirement has been provided by the Pitkin County Disaster
Coordinator:
a. No comment at this time
12. City Environmental Health Director - Requirements- The following
requirements were made by the Environmental Health Director:
a. Tests are to be performed on all suspect material in the building for asbestos.
13. Parks - Requirement- The following requirements have been made by the
Parks Department:
a. Dumpsters in the alley are to locked at all times
14. Utilities:
Water:
City Water Department - Requirement - As a request of the City of Aspen
Water Department, revisions need to be made as follows:
a. All uses and construction will comply with the City of Aspen Water System
standards and with Titie 25 and applicable portions of Title 8 (Water
Conservation and Plumbing Advisory Code) of the Aspen Municipal Code
Wastewater:
Page 4 of 5
December 4,2001
500 West Main Street Conditional Use
Aspen Consolidated Waste District __ Requirement - The following was
provided by the Aspen Consolidated Waste District:
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a. No comment
Construction:
Work in the Public Right of Way
Requirement - Given the continuous problems of unapproved work and
development in public rights-of-way adjacent to private property, we advise the
applicant as follows:
Approvals
1. Engineering:
The applicant receives approval from the City Engineering
Department (920-5080) for design of improvements, including
grading, drainage, transportation/streets, landscaping, and
encroachments within public right of way.
2. Parks:
The applicant receives approval from the Parks Department (920-
5120) for vegetation species and for public trail disturbance.
3. Streets:
The applicant receives approval from the Streets department
(920-5130) for mailboxes, finished pavement, surface materials on
streets, and alleyways.
4. Permits:
Obtain R.O.W. permits for any work or development, involving
street cuts and landscaping from the Engineering Department
ORe Attendees
Staff: James Lindt
Richard Goulding
Dennis Murray
Ed Van Walraven
Applicant's Representative: Alan Richman
Page 5 of5
December 4 ,200 I
500 West Main Street Conditional Use
Lee Cassons
Brian Flynn
Lynn Bader
Jannette Whitcome
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DEC. 10.2001 2:45PM ASPEN HOUSING OFC
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NO. 549 P.l
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MEMORANDUM
TO:
James Lindt
FROM:
Cindy Christensen
DATE:
December 10,2001
REI
PrLATES ANtJ YCl9A S7VtJZO I:ONtJZ77ONAL tISE
~I ZtJ MI. 2m.124.43~fXJ7
rssUE: The applicant is requesting conditional USe approval for 0 proposed health
ond fitness center in the historic Mesa Store building, IOCCllte.cl ot 500 West Main
S1'I'ut.
~6ROU}JlJ; The MeSCI Store building is designated a historic landmark and is
located In the Main Strut Historic Overlay District. The first floor Is the only
floor affected with this conditional use approval. The previlous employer as Aspen
Cyber Care and had approximately six employees on site, The health and fitn...
center is proposing fewer employees.
Due to the fact that the building is designated as a historic: landmark, the applicant
is not required to mitigate for employee housing.
~: Staff does not have a problem with this application since
there is no mitigation requirement due to the historic landml2rk designation and the
applicant's statement that fewer employees will be used in this spo" compared to
the previous owner. The applicant Is also not increel,ing the floor arlll for this
space,
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Denis Murray, 03;16 PM 11/2812001 -0700, No Subject
X-Sender: denism@comdev
X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.2
Date: Wed, 28 Nov 200115:16:44 -0700
To: richardg@co.pitkin.co.us
From: Denis Murray <denism@cLaspen.co.us>
Cc; jamesl@co.pitkin.co.us
Hey Richard,
The Building Dept. views this application as a change in the character of the use of the building,
We reference sec 3404 of the 97 UBC for CHANGE IN USE which wOluld require the building to
come into compliance like a new building. This would require the Bathroom to be re configured
to meet sec 1105 for FACILITY ACCESSIBILITY which would reference the ICC/ANSI A117.1-
1998 as a design standard.
This room could also be equipped to be used for changing and bathing to meet 1105.2.1
providing at least one type of fixture or element to be accessible
Printed for James Lindt <jamesl@ci,aspen,co.us>
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EXHIBIT #3
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RANKIN CONSVLTING.LLC
c10 Roberl....d J~e &aDIdn
SOlI West Ma.tIl Street
&pen, COlarad" 81'11
November 6, 2001
City of Aspen
i30 South GaI_ SUed
Allpc:n, Colorado 81611
Re: MMa Stars 1hI1Id1"f
Ladies and Ocat!c:mcn:
Ex?1,'b;.J- "1://
. PkllS~ aJlow this leUer to serve 18 lIUthorization o. beIlalf o( Came Be.llotti lIlIdIor altgllJ
entity control/of by her and her ~tives. Alar:I Ricllman IIDd Kaufroan .t Pellltlroa, P.C. I!>
. apply 1br UQMi1io.ael UBe pcm1it puauam TO tile Oty l1! A!pen Jand U!C code aud ZOIlin& regu!atj0lll
fOr a yoga aDd pilates studio In tile Mesa S'tD!C B ullding. The w:uietaialled JJXeaIr.es thia '=cr in ita
capacil,y as the DWIJt.':l' of lbt Me.!Ill 51en Building.
ShoUld ~ lla..., llQY q\lNtions, PU:a.e do not hesiiate 10 COJlt~t U$.
Yours Va)' 4'uly,
R.ANIO'N CONSUL TINa. LLC
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: bOO W. 'fi;f ('J .\^ S+
SCHEDULED l'UBLIC HEARING DATE: Uc.v,ua 1/\' I I ~+h
( ,
, Aspen, CO
,200.k.-
STATE OF COLORADO )
) ss.
County of Pitkin )
I, ~ \ Ot 1M ~ L-t 'v.J +- (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:
x;,ublication of notice: By the publication in the legal notice section ofan 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 t\V'enty-six (26) inches high, and which was composed ofletters not
less than one: inch in height. Said notice was posted at least ten (10) day(
prior to the p'ublic hearing and was continuously visible from the _ da.y 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'jSroflBty
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 goverrunental or quasi-goverrunental 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)
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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
stifficient 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.
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The foregoing "Affidavit of Notice" was ack.!!owledged before me this.:i1-day
of (f)~, ,2001-, by U6>--...--"--'7 J.--1""rJi5:J
'NlTNESS MY HAND AND OFFICIAL SEAL
My commission expires: 'f /,::2:3/:::::L<::Ji:::>?!,
PbBLlc'l\ionct~"""'7:~~:-
RE: 500'w~lVIA'N'~'. C6Nbffl6'NAttf!t'r(f"
OPERATE BASEMENT FIRST FLOOR AS A
HEALTIIANljf'IT'NESS" . . ">'~'";''''''' ,'''-'~''"''
NbTJ~E'iSflE'RE:BY~G!V .'- pubIlc" hearing
will be held_?n:"I'uesday.,.,... 15,2002 at a
,meetlng to b'egi~,:at4,:30"J>.m:-befo:re thfi! ~pen
'PI,an.nil1g' ,and Zonin'g '~omml,s~~~n,''siJ,ter9ties
~'oom, City RiaL r36'S.Galena-St:,'Asp~Itt'o\~,ol/ i '
sider an application ,submittect~y Carrie:SeOott[ -
reQ'uestlng _appro~al~o~:a co~di,ti(lnal.u~e}':IW,~
Office ~oneDl~tr1cfto- operat~-a Plr~~-S:'a~~,''yoga'
Studio. -,- T~ subiectJ:!rO~r,ty'"~,, CO~';l~O~IY
k,nowo;as tl:ieMesa,,~to~,~atJ-d Is, !ega:~l)'''d~SCrJ1>id
as Lots R-S, Block 3O,eitY"andTownsit~,9fA$pen:'
For furtherinformati()I1_,con~a~~"J,at)1f#;",~in<lf _,at ATTACHlVIENTS:
the Aspen/Pitkin Co~mlll{i~Y-I?e~el()pinent 'De:
pa~~~,~:J~9 _t~::!~"~1:~t,;\spen-, CO (970)'~~G-:"
5095;)ames[@cLaspe~.CMS~- .'- '. _
s/~asm!ne1YJV~!Chair: COpy OF THE PUBLICATION
' A"" PI""" ,,' ZOO", Camml,,'on '.. '
rLiblished in The'Aspe:,ll TIm~on December 22,
.,'2001.(8209) "'. . . :
.-.......L_~OGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY j\lL4IL
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
S- G.Q ~.~ -\ '^""" ~ ~ <; ~
, Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
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,200"'?:"
STATE OF COLORADO )
) ss,
Connly ofPilkin )
I, l\ \. ~ ~\..-c..~~ (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 public, Ie; :ai~'h~,d hereto.
>" ''''''\'. ~. ~,.~.. . ,.....:,..'-" .:h.,.
../ Posting of notice: By po sting of notice, w~ich fO,#, f ~~'~~ta, i.n, ,e, d iti~~,','". he
Commumty Development Department, which was m.ade ~f'sl.lltable, ;
waterproof materials, which was not less than twenty-two '(22) iJ;lche~ w e
and twenty-six (26) inches high, and which was compb,~ed ofletter~'n()J
less than one inch in height. Said notice was posted at le~st ten (Ii)) \fays
prior to the public hearing and was continuously visib'tefr-,mLt1~,).I( day of
;; ~v ""-'1 , 200~, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
v/ Mailing of notice. By tb.e,mailing of a notice obtained from the Community
Development Department, ;b!ch 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 govenunent, school,
service district or other govenunental or quasi-govenunental 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)
- ,,-,.
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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.
~~,Qj,
Signature
The foregoing "Affidavit of Notice" was aCknOWI~;d before me this ~t1Jay
of ---30 f/'la..(l( , 200Z, by A fa n '(' lima f1
PHOTOGR
LIST OF THE OWNE
WITNESS MY HAND AND OFFICIAL SEAL
(
ED
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PUBLIC NOTICE
RE: 500 W. MAIN STREET CONDITIONAL USE TO OPERATE BASMENT AND
FIRST FLOOR AS A HEALTH AND FITNESS FACILITY
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesd<lY, January 15,2002,
<It a meeting to begin <It 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities
Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Carrie Bellotti
requesting approval for a conditional use in the Office Zone District to operaty a Pilates and Yoga
Studio. The subject property is commonly known as the Mesa Store and is legally described as
Lots R-S, Block 30, City and Townsite of Aspen. For further information contact James Lindt at
the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-
5095, jamesl@ci.aspen.co.us.
s/Jasmine Tygre, Chair
Aspen Planning and Zoning Commission
City of Aspen Account
Published in the Aspen Times on December 22,2001
__.1
.
PROPERTY OWNERS WITHIN 300' OF 500 WEST MAIN STREET
f"") ... ' n
n.LH HOLDING COMPANY GUNNISON J
A COLORADO CORPORAtION ALPINE BANK ASPEN
435 W MAIN ST 600 E HOPKINS AVE
ASPEN, CO 816] 1 ASPEN, CO 81611
501 WEST MAIN LLC
3]4 S GALENA ST #200
ASPEN, CO 81611-]8]8
ASPEN CONDOMIN]UM ASSOCIATION
600 E HOPKINS AVE STE 304
ASPEN, CO 8]611-2934
ASPEN ULLR HOUSING LLC
120 E MAIN ST
ASPEN, CO 8]611
BECK GLENN A
PO BOX] 102
VICTORVILLE, CA 92392
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 8]611
DESTINATION RESORT MANAGEMENT
610WENDST
ASPEN, CO 81611
FISCHER SISTIE
442 W BLEEKER
ASPEN, CO 81611
HAISFIELD AUDREY LEA
435 E MAIN ST
ASPEN, CO 8]611
HOTEL ASPEN CONDOMINIUM
ASSOCIATION
600 E HOPKINS AVE STE 304
ASPEN, CO 81611
MAC DONALD BETTE S TRUST
]5 BLACKMERRD
ENGLEWOOD, CO 80110
ASPEN HOUSING LLC
233 MILWAUKEE ST
DENVER, CO 80206
ASPEN SQUARE CONDOMINIUM ASSOC
617ECOOPERAVE
ASPEN, CO 81611
BA]LEY MIRANDA] 994 TRUST 50%
C/O JANUS CAPITAL
620 E COOPER
ASPEN, CO 8]611
BARTON META PACKARD
6507 MONTROSE AVE
BALTIMORE, MD 2]212
BOOMERANG L TD
500 W HOPKINS AVE
ASPEN, CO 81611
CARINTHIA CORP
45 ELUPINE DR
ASPEN, CO 81611
COMCOWICH WILLIAM L
420 W MAIN ST
ASPEN, CO 8] 611
CROCKETT ANN R TRUSTEE OF THE
PRICE UVING TRUST
10898 MORA DR
LOS ALTOS HILLS, CA 94024
E-FRIES INC
1265 MOUNTAIN VIEW
ASPEN, CO 81611
FERGUS ELIZABETH DAWSON
PO BOX 1515
ASPEN, CO 8]612
FRIAS PROPERTIES OF ASPEN LLC
730 E DURANT
ASPEN, CO 81611
GOLDENBERG STEPHEN R & CHERYL J
430 W HOPKINS AVE
ASPEN, CO 8]611
HILLMAN,DORA B TRUST
504 W BLEEKER
ASPEN, CO 81611
HILLMAN T ATNALL LEA
504 W BLEEKER ST
ASPEN, CO 81611
ILGEN EILEEN L & JACK D & ELOISE
ILGEN IN JOINT TENANCY
518 WMAIN ST
ASPEN, CO 81611
JOHNSTON F AMIL Y TRUST
2018 PHALAROPE
COSTA MESA, CA 92626
MARCUS RENEE A
432 W HOPKINS
ASPEN, CO 81611
MCGARVEY JAMES N JR & PAill,A S
81 PONTE VEDRABLVD
PONTE VEDRA BEACH, FL 32082
NATIONWIDE THEATRES CORPORATION
A CALIFORNIA CORPORATION
120 N ROBERTSON BLVD
LOS ANGELES, CA 90048
SCOTT MARY HUGH
CIO RUSSELL SCOTT III & CO LLC
38 SUNSET DR
ENGLEWOOD, CO 80110-4026
ULLR HOMEOWNERS ASSOCIATION
600 E HOPKlNS #304
ASPEN, CO 81611
WOLOFSKY MOIRA 50% INT
129 CLARENDON AVE
PALM BEACH, FL 33480
t""'l
NORTH AND SOUTH ASPEN LLC
200 S ASPEN ST
ASPEN, CO 81611
STRANDBERG JOHN J & JANE T
2510 GRAND A VB APT 2403
KANSAS CITY, MO 64108
WAGNER HOLDINGS CORPORATION LLC
CIO BILL POSS
605 E MAIN ST
ASPEN, CO 81611
I""')
RANKIN CONSULTING LLC
773 COUNTYRD 112
CARBONDALE, CO 81623-8866
ULLR COMMONS DEVELOPMENT CORP
233 MILWAUKEE
DENVER, CO 80206
WM HOLDINGS LLC
PO BOX /051
ASPEN, CO 81612
r;
A
Mesa Store Conditional Use Notes
This is a public hearing to consider an application submitted by Carrie Belloti requesting
conditional use approval to operate Pilates and Yoga Studio in the Mesa Store Building at
500 W. Main Street.
The subject property is located in the Office Zone District. Staff has determined that a
Pilates and Yoga Studio would fall into the use category of a Health and Fitness Facility
which is a conditional use in the Office Zone District which requires approval by the
Planning and Zoning Commission. The applicant is proposing to place several pieces of
Pilates Equipment in the front portion of the first floor and instruct Yoga classes in rear
portion of the first floor. The basement space is to be used for a changing and
lockeroom. The third floor is to remain as offices. Because the building is a historic
landmark a growth management quota system exemption for a change in use may be
done administratively if the Commission grants the conditional use: approval. The
applicant has represented to that there would be no more than 14 pl~ople in a yoga class
because of space constraints and that the expected to administer classes for no more than
6 hours per day.
According to the applicant, the Mesa Store contains between 2000 and 3000 square feet
of net leasable square footage. There are 8-10 parking spaces located on-site on the west
side of the building. The land use code only requires 3 parking spaces for every 1000
square feet of net leasable square footage. Therefore, they would be required to have 6-9
parking space on-site per the land use code. Staff feels that there is sufficient parking on-
site to accommodate the proposed use.
Staff feels that the proposed use is compatible with the surrounding facilities on west
main street in that it is complimentary to the variety of medical offices that exist on that
portion of main street. There is a single-family residence that exists directly to the west
of the proposed location. Staff has proposed a condition of approval that the applicant
not begin classes earlier than 7 AM and not end classes later than 7 PM as they have
proposed in their application to minimize the hours that the neighbors will be will be
subject to the minimal traffic generated by the use.
Staff has also proposed a condition of approval that the first floor bathroom shall meet
minimum accessibility standards pursuant to the Uniform Building Code to provide
disabled patrons a facility in which to change as required by the Building Department.
Staff feels that the proposed application meets the review criteria to approve a conditional
use and recommends that the Planning and Zoning Commission approve the proposed
application for a health and fitness facility to be located in Mesa Store building with the
conditions as proposed in the draft resolution.
.~
TO:
I
TO:
FROM:
RE:
DATE:
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Plan,ls ~ere routed to those departments checked-off below: , II. '; )1
(if........... City. Engineer C{ CCce:5 S I fIJ) ! T Y
<:> 7........ Zomng Officer '
~ ........... Housing F ,-- J ,Q 1 :5 vO 0 d,
o ........... Parks Department ), } d \ ~
{(r.....'.. A~pen Fire Marshal '}o \1\ I .' ) ~I( 0\
@'7'"....... City Water r , ~ '
(\)' ........... Aspen Consolidated Sanitation District S b c(] 0' rO 5 '
~........ Buil~ing Department ./ C\ ~~
C!Y ........,.. Envlr~nmental Health / ~ ~ OC Y - ? VYJ
0........... Electnc Department ) 71 \ ~11 I ~S tJ2 C7
o .......,... Holy Cross Electric 0 I (/\ v v \ V -
o ,.......... City Attorney
o ........... Streets Department
o ........... Historic Preservation Officer
o ........,.. Pitkin County Planning
1"""\
MEMORANDUM
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Please find attached an application for a Conditional Use fe.ll'
Application for a Pilates and Yoga Studio on Main Street. The i [ 0 C
DRC on this application will be held on Wednesday, November .0
28,2001. The public hearing is scheduled iin front of the Planning
and Zoning Commission on January 15th,
DRC Representatives
James Lindt, Planning Technician
Community Development Department
130 S. Galena St.; Aspen, CO 81611
Phone-920.5104 Fax-920.5439
Pilates and Yoga Studio Conditional Use
500 West Main Street
DRC on November 28,2001
COMMENTS:
,
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p~ Sewk~4.
g'cn 3613 .44{u1e. ~ E'1612
P'-d?a.~ (970) 920-1125
November 8, 2001
Mr. Fred Jarman, Planner
City of Aspen
, 130 South Galena Street
Aspen, Colorado 81611 '
RE: CONDffiONAL USE APPLICATION FOR PllATES AND YOGA STUDIO
Dear Fred,
This is an application requesting that the City grant conditional use approval for a proposed
health and fitness center in the historic Mesa Store Building, located at 500 West Main
Street (Lots Rand S, Block 30, City and Townsite of Aspen; Parcel ill # 273512443007).
The property consists of approximately 6,000 square feet of land lmd is zoned Office (0).
The Mesa Store Building is an individually designated historic landmark that is located in
the Main Street Historic Overlay District. 'This prominent building was constructed in 1889,
and has been the home to many different types of commercial uses over the years. The
most recent primary tenant in the building was Aspen Cyber Care, a computer/internet sales,
service, repair, and training center. The offices on the second floor of the building have
been, and will continue to be, occupied as the corporate headquarters for Paradise Bakery,
and are not part of this' conditional use application,
This application is being submitted by Ms. Carrie Bellotti, (hereinafter, "the Applicant"), who
will be leasing this space from the owner of the property, Authorization for Alan Richman
P!smning Services to represent Ms, Bellotti for purposes of this application is provided by
Exhibit #1.
The current owner of the property is Rankin Consulting, LLC. Proof of the ownership of
, the property is provided by Exhibit #2, the commitment for title insurance. As shown on
-the commitment, the owner is under contract to sell the property to Aspen Blue Sky
Holdings, LLC. The principal of Aspen Blue Sky Holdings, LLC is Mr. Steve Bellotti, the
Applicant's husband. Authorization by Rankin Consulting, LLC for Ms. Bellotti to submit
this application is provided by Exhibit #3.
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Mr. Fred Jarman
November 8, 2001
Page Two
I held a pre-application conference with you on October 31 to discuss this proposal (see
Exhibit #4, Pre-Application Conference Summary), During this meeting, you confirmed that
the proposed Pilates and Yoga Studio would qualify as a "health and fitness center", which
is listed as a conditional use in the Office zone district. The next section of this application
describes how the proposed use would operate. This is followed by a statement of each of
the applicable standards of the Aspen Land Use Code for conditional use review, along with
the Applicant's response to each Code standard.
Description of Proposed Use
The Applicant proposes to operate a small health and fitness center in the first floor of the
Mesa Store Building, The health and fitness center will offer two primary types of activities.
First, approximately 7 to 10 pieces of pilates equipment will be available for exercising. This
equipment is used for body strengthening, stretching, and toning. Second, yoga and pilates
mat classes will be offered to small groups of persons,
The enclosed floor plan illustrates that these two activities will be conducted in two portions
of the first floor, with pilates occurring in the front room (500-600 sq. ft.) and yoga in the
back room (similar size), The basement space will be converted from office space to men's
and.IVomen's changing rooms.
It is anticipated that the health and fitness center would be open from 7 AM to 7 PM,
allowing people who work during the day some time to use the facilities either before or
after work. It would be open to the public throughout the day, and would not be run as a
members-only club.
The small size of the space will tend to limit the number of persons that can use the facility
at any time, It is anticipated that the classes will range in size from 2 persons to no more
than 14 persons. Classes would only occur at select times during the day, to an expected
maximum of six hours per day. While equipment use could occur throughout the day, there
would likely be only a few users of the equipment at any time, since there will be no more
than 2 instructors present, and each of the instructors acts as a "personal trainer" for no
more than 1-3 users.
An improvement survey of the site has also been provided. It illustrates that the Mesa Store
Building covers most of the eastern lot, while the western lot is vacant, Approximately the
front 1/3 of that western lot is green space; the back 2/3 is graveled and provides
approximately 6 or 7 parking spaces. There are also several parking spaces located directly
behind the Mesa Store Building. So, in summary, there are approximately 8-10 off street
spaces located on this property, all of which will be available to employees of, and visitors
to, the businesses on-site, Access to the spaces is from the alley, via either Fourth Street
or Fifth Street.
1""1
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Mr. Fred Jarman
November 8, 2001
Page Three
Conditional Use Review
Section 26.425,040 of the Aspen Land Use Regulations establishes the standards for review
of a conditional use, Those standards, and the Applicant's responses, are as follows:
A. The conditional use is consistent with the purposes, goals, objectives and standards of the
Aspen Area Comprehensive 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.
Response: The proposed conditional use will be consistent with the Aspen Area Community
Plan (AACP). As stated in the Economic Sustainability section of the AACP, the
community would like to continue to promote "the Aspen Idea of mind, body, and spirit".
The proposed health and fitness center will serve the need for residents and visitors to
enrich these three aspects of their lives, and will compliment the other recreation and
wellness facilities that currently serve the Aspen area.
Allowing a new use to occupy this space is also consistent with the Historic Preservation
section of the AACP. This community-serving use will allow more residents and visitors to
appreciate and use this historic landmark than if it were occupied solely as private offices.
This use will add to the vitality along this portion of Main Street, helping to create a more
vibrant historic district.
The purpose of the Office (0) zone district is "To provide for the establishment of offices
and associated commercial uses in such a way as to preserve the visual scale and character
of former residential areas that now are adjacent to commercial and business areas, and
commercial uses along Main Street and other higher volume thoroughfares", The proposed
health and fitness center. is a commercial use that is consistent with this purpose, The
Applicant will preserve the visual scale and character of this prominent commercial building.
The outside appearance of the building will not be altered along its Main Street facade.
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.
Response: The character of the immediate vicinity is a mix of uses, including single and
multi-family residences, lodges, and commercial uses, The commercial uses along this
portion of Main Street have been not been limited to just offices, but have also included a
variety of commercial services, retail uses, and restaurants. At the present time, a wide
range of businesses can be found in the area, including many professional and business
offices, the Hickory House, a skin care clinic, arid a telephone sales and service center. The
proposed conditional use will enhance this mix of complimentary uses in this neighborhood.
1"'"\
A
Mr. Fred Jarman
November 8, 2001
Page Four
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.
Response: This is an appropriate location for this type of business. The primary orientation
of the business will be toward Main Street, minimizing the impact of the use on nearby
residential areas. There is frequent bus service along Main Street, with a designated bus
stop directly in front of this building, making it easy for customers to get to this property.
The location is also close enough to the center of town that customers can walk or bike to
the property.
The location, size, design, and operating characteristics of the proposed health and fitness
center are all intended to minimize adverse impacts on surrounding areas, as follows:
· Visual Impacts: No changes are proposed to the exterior of the building.
· Pedestrian and Vehicular Circulation: No changes are planned to the existing
sidewalks located along Main and Fourth Streets. Vehicular access is presently
obtained from the alley, and no changes are planned to this configuration.
· Parking: This property is particularly well served with regard to parking. As
described above, there are approximately 8-10 spaces available behind and along the
side of the building that are available to users of the building. This amount of
parking compares quite favorably with the off-street parking standards for the Office
zone district. The Code would require 3 spaces per 1,000 sq. ft, of net leasable
space. The Mesa Store Building contains between 2,000 and 3,000 sq. ft. of net
leasable space, which would require in the range of 6-9 parking spaces be provided.
There is also on-street parking available along both Main and Fourth Streets.
Parking in this area is subject to the City's residential parking limitations, which
provide for 2 hours of parking for visitors to this neighborhood. This would be more
than adequate for any of the classes that would be offered by the pilates and yoga
studio, should all of the parking on-site be taken. In fact, the prior occupants of the
building have reported to us that parking was generally available on the street to
their walk-in customers and for their computer boot camp classes.
· Trash and Service Delivery: Trash service will occur off of the alley, as is the case
today. Service delivery will also occur off of the alley, Neither of the businesses on
the property will have any special trash or service delivery demands that would
require unusual facilities be provided on this property.
(',
.1")
Mr, Fred Jarman
November 8, 2001
Page Five
· Noise. Vibrations. Odors: These impacts will not be produced by the pilates and yoga
studio, All activities will take place indoors and will not cause any nuisances, The
limited hours of operation will be similar to those of many commercial uses, and are
sensitive to the fact that there are residences within close proximity of the property.
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.
Response: All of these services are available at this in-town location, and the impacts of the
proposed conditional use on these facilities should be minimal.
E. The applicant commits to supply affordable housing to meet the incremental need for
increased employees generated by the conditional use,
Response: The proposed use will generate fewer employees than previously worked in this
space, This is because the proposed use is a much less intense activity, in terms of
employees, than a typical office or professional services business that would be housed here.
We have contacted the owners of the two businesses that formerly occupied this space.
According to Bob Rankin, the owner of Aspen Cyber Care (which has moved to the Airport
Business Center), his business had approximately 6 employees when it operated out of this
location. In addition, during the 1 week per month when the computer boot camp was in
session, there were an additional 8 people working on-site. Marshall Hall of Interactive
Outdoors reported that he had approximately 4-5 employees working out of the back of the
first floor. Therefore, a total of 10-11 employees worked in this space. This is an unusually
intense use of this space, since the City's standards would anticipate that approximately 3
employees would be generated for every 1,000 sq. ft. of net leasable space, which would
translate into a total of 4-5 employees working in the first floor of this building.
Employment at the Pilates and Yoga Studio will be limited to two full-time instructors, plus
Ms, Carrie Bellotti, the owner of the business. The instructors will provide personal training
supervision on the pilates equipment, and will be teaching classes periodically during the day.
In summary, this business will have fewer employees than would an office, which is the
standard permitted use in this zone district. It will also generate significantly fewer
employees than the prior occupants of this space. Therefore, there will not be an
incremental need for increased employees from this conditional use. Since there will be no
incremental increase in employees generated by this use as compared to the recent uses of
the property or as compared to the type of uses permitted in this zone district, no affordable
housing should be required of this Applicant.
f""I
t")
Mr. Fred Jarman
November 8, 2001
Page Six
If the City so requires, the Applicant would agree to submit documentation to the Housing
Authority on an annual basis, demonstrating that the business is in compliance with these
representations.
Vested Rights
Pursuant to Chapter 26,308 of the Aspen Municipal Code, the Applicant hereby requests
that this development be granted vested rights status.
Conclusion
I believe that the information contained in this application represents all of the materials
requested during the pre-application conference and provides responses to all of the
applicable standards of the Aspen Land Use Code. Should any reviewing agency request
additional information, or need for us to clarify any of the statements made herein, I will
respond in a timely manner. Please feel free to contact me as necessary.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
A-t ~ f2:.P
Alan Richman, AICP
f'*""
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, 7
EXHIBITS
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EXlIlBIT #1
Mr; Frod Jarman, Planner
Qty of Aspen
130 South Galena Street
Aspen, Colorado 81611
RE: AUTHORIZATION TO SUBMIT CONDrrrONAIJ USE A....UCATION
Dear Fred.
I will be leasing Ii space in the property located at 500 West Main Street, commonly known
as the Mesa Store Building. It is my intention to operate a pUat,es and yoga studio out of
this space. You have informed me that this buslness will qualifY as a health and fitness
center, which is Jisted as a conditional use in the Office zone district.
I hereby authorize Alan Richman Planning Services 10 be my designated representative for
the conditional use application that is being submitted to your office to permit this business
to be established. Alan Richman is authorized to submit those applications necessary to
obtain approval for this proposed use. He is also authorized to represent me in meetings
with City of Aspen staff and the Aspen Planning and Zoning Col1llmission.
Should you have any need to contact me during the course of your review of this appJJcation,
please do so at the address and telephone number listed below.
Sincer~y, ,__ '. /
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~~::(~)
Carrie Bellotti
P.O. Box 8238
Allpen, Colorado 81612
~
EXHIBIT #2
~
COMMITMENT FOR TITLE INSURANC1E
SCHEDULE A
1. Effective Date: August 30, 2001 at 8:00 AM
Case No. PCT16339F
2. Policy or Policies to be issued:
(a) AL T A Owner's Policy-Form 1992 Amount$ 2,225,000.00
Premium$ 2,102.00
Proposed Insured: Rate: Re-Issue
ASPEN BLUE SKY HOLDINGS LLC, A COLORADO LIMITED LIABILITY COMPANY
Proposed Insured:
Amount$ 0,,00
Premium$ 0.00
Rate:
(b) ALTA Loan Policy-Form 1992
A
Tax dhificate: $10.00
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
RANKIN CONSULTING, LLC, A COLORADO LIMITED LIABILITY COMPANY
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
LOTS RAND S,
BLOCK 30,
CITY AND TOWNSITE OF ASPEN
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS
ASPEN, CO. 81611
970,925-1766
970-925-ii527 FAX
AUTHORIZED AGENT
, Schedule A-PG,1
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
f""'.,
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SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the
estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duiy
filed for record to-wit: '
1 . Release by the Public Trustee of the,
Deed ofTrust from : RANKIN CONSULTING, LLC, A COLORADO LIMITED LIABILITY COMPANY
to the Public Trustee of the County of PITKIN
for the use of : ALPINE BANK
original amount : $700,000.00
dated : April 2, 1998
recorded : April 2, 1998
reception no. : 415221
,
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,-
Assingment of Rents and Leases given in connection with the above Deed of Trust recorded June 3, 1998
as Reception No. 417724.
2. Release by the Public Trustee of the,
Deed of Trust from : RANKIN CONSULTING, LLC, A COLORADO LIMITED LIABILITY COMPANY
to the Public Trustee of the County of PITKIN
for the use of : ALPINE BANK
original amount : $1,525,000.00
dated : June 13, 2000
recorded : June 14, 2000
reception no. : 444170
3. Duly executed and acknowledged Deed,
From : RANKIN CONSULTING, LLC, A COLbRADO LIMITED LIABILITY COMPANY
To : ASPEN BLUE SKY HOLDINGS LLC, A COLORADO LIMITED LIABILITY COMPANY
4. Copy of the Registration duly stamped by the Secretary of State of the State of COLORADO evidencing
registration of RANKIN CONSULTING, LLC and Trade Name Affidavit or Certificate of Authority of
RANKIN CONSULTING, LLC evidencing the names and addresses of the Members and/or Managers
authorized to act on behalf of said Limited Liability Company.
5. Copy of the Registration duly stamped by the Secretary of State of the .State of COLORADO evidencing
registration of ASPEN BLUE SKY HOLDINGS, LLC and Trade Name Affidavit or Certificate of Authority of
ASPEN BLUE SKY HOLDINGS, LLC evidencing the names and addresses of the Members and/or
Managers authorized to act on behaif of said Limited Liability Company.
6. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No.
20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted.
7. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be
recorded)
(Continued)
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SCHEDULE B - SECTION 1
REQUIREMENTS - Continued
8. Completion of Form DR 1079 regarding the witholding of Colorado Tax on the saie by certain persons,
corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be
recorded)
9. Evidence satisfactory to the Company that the Deciaration of Sale, Notice to County Assessor as required by
H,B. 1288 has been compiied with. (This instrument is not required to be recorded, but must be deiivered to
and retained by the Assessors Office in the County in which the property is situated)
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SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspeCtion of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or here,after furnished, imposed by iaw
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or iien imposed for water or sewer
service or for any other special taxing district. 1,!
7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page
223 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or
copper or to any valid mining claim or possession held under existing laws".
8. Terms, conditions and obligations of Ordinance No. 32 and Ordinance No. 130, designating Lots Rand S,
Block 30, City and Townsite of Aspen as Historic District, recorded in Book 314 at Page 338 and in Book
321 at Page 51.
9. Terms, conditions, provisions and obligations as set forth in Encroachment Agreement recorded in Book
553 at Page 109. '
10. Easements, rights of way and all matters as disclosed on Survey of subject property recorded April 6,
1998 in Plat Book 44 at Page 71.
11. Terms, conditions, provisions, obligations and all maSters as set forth in Resolution of the The Aspen
Historic Preservation Commission recorded September 13, 1999 as Reception No. 435423 as Resolution
No. 38 Series 1999.
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EXHIBIT #3
RANKIN CONSVL'nNG, LLC
cJo RobcrlllJld Joyu RaDkln
500 West Ma1J\ Sfl'klt
Alptll, C4larada 81'11
November 6, 2001
City of Aspea
i30 South Galeoa. Street
Allp"ll, C"londo 81611
Re: MalA Stan Ihllill"f
Ladies and Oentk:meu:
'PlCu~ allow this letter to serve aa llUthorization oa behalt" o(Can,i.. Bellotti lllldIor . legal
entity controlled by her and her l'llIplllSecrstives. Alan Ric.&man lIlllI Kaunro3n.t PelzlnloG, P.C. to
. III'ply tbr . COlIditi<>.Dill use pamit pIlr.Suam TO !bIl at}' Ilf Npcn J!Illd use cod" aud zonln& re,gula!ionl
mr a yoga aad pilates studio in the Mesa Store Building_ The 1Wdet~ ilXeCUtei Ihio Iett;r in ita
capacity as the owner of the Mesa Store Building.
ShouJ4 you have ""y ql.lNtiOllB, ple~ do not hesiiab: 10 COlltllCt u,:.
Yolll'S vc:zy~.
RANION CONSULTlNO, LtC
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EXHIBIT #4
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER:
Fred Jarman
DATE: November 6, 2000
PROJECT:
REPRESENTATIVE:
APPLICANT:
LEGAL DESCRIPTION:
Mesa Store Yoga / Fitness Center
Alan Richman (920-1125)
Aspen Blue Sky Holdings, LLC
Lots Rand S. Block 30, City and Town Site of Aspen,
Aspen
TYPE OF APPLICATION: Conditional Use for Health & Fitness Center in the Office
Zone District
DESCRIPTION: The current owner of the Mesa Store on Main Street is proposing to
run a Yoga studio in the first floor of the building. The building is in the Office Zone
District with a Main Street Historic District Overlay. The building is also on the City's
Inventory of Historic Sites and Structures as a landmark. The building currently
maintains an office use. Staff finds that this proposed Yoga center constitutes as a
"Health and Fitness Center" which is allowed as a Conditional Use in the Office Zone
District.
Land Use Code Section's) Applicant is reauired to address:
26.304 Common Development Procedures
26.710.180 Office Zone District
26.425 Conditional Uses
Review by: Staff for completeness, Referral agencies for recommendations,
Planning Director for a recommendation to Planning and Zoning
Commission.
Publk Hearing: Yes, Planning and Zoning Commission
Referral Agencies: Engineering and housing
Planning Fees: Planning Deposit ($1,205)
Referral Agency Fees: Engineering, Minor ($ I 80)
Total Deposit, $1,385 (additional hours are billed at a rate of $205/hour)
To apply. submit the following information:
1. Proof of ownership.
2. Signed fee agreement.
3. Applicant's name, address and telephone number in a letter signed by the
applicant which states the name, address and telephone number of the
representative(s) authorized to act on behalf of the applicant.
4. Street address and legal description of the parcel on which development is
proposed to occur, consisting of a current certificate from a title insurance
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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.
5. Total deposit for review of the application
6. 1 CODY of the complete application packet and maps to be submitted for review.
Once it is deemed complete, the planner will request the following copies be
made and submitted to the planning office.
P&Z = 10; Referral Agencies = l/ea; Planning Staff = 2
7. An 8 112" by 11" vicinity map locating the parcel within the City of Aspen.
8. Draft site plan including topography and vegetation showing the current status,
including all easements and vacated rights of way, of the parcel.
9. A written description of the proposal and an explanation in written, graphic, or
model form of how the pro'posed development complies with the review standards
relevant to the development application. Please include existing conditions as
well as proposed. Please refer to the review standards in the application.
Process: Planner reviews case for completeness and sends to Engineering for referral
comments. Case planner contacts applicant and sets up a site visit. Staff reviews
application to determine ifit meets standards of review. Case planner makes a
recommendation of approval, approval with conditions, or denial to the Community
Development Director.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The
summary is based on current zoning, which is subject to change in the future, and upon
factual representations that mayor may not be accurate. The summary does not create a
legal or vested right.
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MAPS AND DRAWINGS
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COMMUNITY DEVELOPMENT DEPARTMENT
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CITY OF ASPEN (hereinafter CITY) and C;<{l..(t\t. <;t,\\.oA\\
(hereinafter APPLICANT) AGREE AS FOLLOWS:
licalcion Fees
APPLICANT has submitt"d to CITY an application tor
Co~ ,+.-o'^"-\ 0 <..t.. ((.~ ,e,)
(hereinafter, THE PROJECT).
1.
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of 1998)
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 benetited by retaining greater cash liquidity and will make additional payments upon notitication by the
CITY when'they are necessary as costs are incurred. CITY agrees it will be benetited 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 tindings 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 $ \ ,"1..0~ which is for _ 10 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.
APPLICANT
CITY OF ASPEN
By:
Julie Ann Woods
Community Development Director
By: (!J/jj(~~!Iil0
Date: ~I /01
Mailing Address:
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12/27/99
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