HomeMy WebLinkAboutLand Use Case.CU.557 N Mill St.0033.2005.ASLU
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City of Aspen Community Development Dept.
CASE NUMBER
0033.2005.ASLU
PARCEL ID NUMBER 2737-07-3-00-013
PROJECT ADDRESS 557 MILL ST
PLANNER
SARAH
OATES
CASE DESCRIPTION CONDITIONAL USE
REPRESENTATIVE MTN DISCOUNT 702-287-0098
DATE OF FINAL ACTION 7/15/2005
CLOSED BY Denise Driscoll
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Phone 1(702) 287.0098 ASPEN CO 81611
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Perm! # !0033.2005.ASLU
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MEMORANDUM
TO:
Aspen Planning and Zoning Commission
~A-
Joyce Allgaier, Deputy Director
Sarah Oates, Zoning Office2 0
THRU:
FROM:
RE:
Mtn. Discount Conditional Use-557 N. Mill Street, Suite 101
DATE:
June 7, 2005
SUMMARY:
Paul Hoeper, owner of the proposed Min. Discount, has applied for a conditional
use approval for a retail sales establishment at 555 N. Mill Street, located in the
Service/Commercial/Retail (SCI) Zone District. The proposed business will
consist of the sale of discounted goods such as cooking and glassware, household
appliances and accessories and personal care items. The applicmt is proposing to
use sixty (60) percent ofthe floor area for retail sales and forty (40) percent of the
floor area for pallet and inventory storage.
The sales and rental of consumer goods such as household appliances, electronic
equipment, furniture, clothing or sporting goods with up to one hundred (100)
percent of the floor area developed to showroom, retail, or customer reception
area is a conditional use in the SCI Zone District as is exceeding twenty-five (25)
percent of the floor area for retail sales.
Note that the code has subsequently chmged, with a code aJilendment dated May
9, 2005, which has eliminated the sales md rental of conSUlller goods as a
conditional use. The applicmt applied prior to the code change, md will
therefore be permitted to apply for this conditional use. Approval of the
conditional use would create a legal non-conformity that would prevent expansion
ofthe business in the SCI Zone District in the future.
The applicant is proposing 4-5 signed spaces in front of the building for the
business, although the location is currently under parked md the signed parking
would displace other tenants of the building.
Staff does not support this application, as the purpose of the SCI zone district is to
"allow for the use of landfor the preservation or development of limited
commercial and industrial uses which: may not be appropriate in other zone
districts; do not require or generate high customer traffic volumes; are primarily
oriented to the manufacturing, repair, storage, and servicing of consumer goods
and have a limited office, showroom, retail, or customer reception area; and, to
permit artist's studios. "
I
Staff does not feel this proposal complies with the purpose of the zone district.
Further, the City cannot regulate the operating characteristics such as business
plans and what constitutes suitable "discount" items. Staff agrees that local
consumers should have access to reasonably priced goods but the SCI Zone
District is not a suitable location of such a retail establishment.
Staff recommends denial of the Conditional Use for Mtn. Discount, 557 N.
Mill Street, Suite 101.
ApPLtCANT:
Paul Hoeper, owner.
LOCATION:
557 N. Mill Street, Suite 101.
ZONING:
Service Commercial/Industrial. (SCI)
CURRENT LAND USE:
Vacant.
PROPOSED LAND USE:
Retail sales of discounted retail goods.
PREVIOUS ACTION:
The Planning and Zoning Commission has not previously considered this
application.
REVIEW PROCEDURE:
Conditional Use. With a recommendation from the Planning Director, the
Commission may approve, approve with conditions, or deny a conditional use
application at a public hearing.
BACKGROUND:
The SCI Zone District provision underwent a re-write in 1999 to maintain the
district for limited commercial and industrial uses. The SCI Zone District
provisions are attached.
STAFF COMMENTS:
Review criteria and staff findings have been included as Exhibit "A." SCI Zone
District (prior to the May 9, 2005 code amendment) provisions are attached as
Exhibit "B." The application is attached as Exhibit "C."
RECOMMENDATION:
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Staff recommends the Planning and Zoning Commission deny the Conditional
Use for Mtn. Discount. If the Planning and Zoning Commission chooses to
approve the application staff recommends the following conditions:
I. The applicant shall be permitted sixty (60) percent retail sales floor area and forty
(40) percent storage floor area. Mtn. Discount shall be a legal, non-conforming use
and shall be subject to Section 26.312 of the Aspen Municipal Code.
2. There shall be four (4) signed parking spaces specifically for the customers of Mtn.
Discount. Employees of Mtn. Discount shall not park in the customer spaces.
3. The applicant shall record this Planning and Zoning Resolution with the Pitkin County
Clerk and Recorder located in the Courthouse Plaza Building. There is a per page
recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who
will record the resolution.
4. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
RECOMMENDED MOTION (ALL MOTIONS IN THE AFFIRMATIVE):
"I move to approve the Conditional Use for Mtn. Discount at 557 N. Mill, Suite
101 with conditions."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B SCI Zoning Ordinance
Exhibit C -- Application
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RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING THE MTN. DISCOUNT CONDITIONAL USE FOR RETAIL SALES
OF DISCOUNT ITEMS AT 557 N. MILL STREET
PARCEL ID #2737-073-00013
Resolution No.J1, Series of 2005
WHEREAS, the Community Development Department received aJ1 application
from Paul Hoeper, owner, for conditional use approval for a conditional use approval for a
retail sales establishment with 60% of the floor area dedicated to retail sale and 40% of the
floor area dedicated to storage of inventory; and,
WHEREAS, the subject parcel is located in the Service/Commercial/Industrial
Zone District in which the sales aJ1d rental of consumer goods such as household
appliances, electronic equipment, furniture, clothing or sporting good uses may be
approved by the Planning and Zoning Commission pursuant to Section 26.425 of the
Municipal Code; and,
WHEREAS, the Community Development Department reviewed the proposal aJ1d
recommended denial; and,
WHEREAS, during a public hearing at a regular meeting on June 7, 2005, the
Planning aJ1d Zoning Commission approved by a ~ to ~ L--> vote the Min. Discount
Conditional Use for a retail establishment to be located at 557 N. Mill Street, Suite 101,
with the conditions recommended by the Community Development Department.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Mtn. Discount Conditional Use for a retail and rental establishment be approved
with the following conditions:
1. The applicant shall be permitted sixty (60) percent retail sales floor area aJ1d forty (40)
percent storage floor area. Mtn. Discount shall be a legal, non-conforming use aJ1d
shall be subject to Section 26.312 of the Aspen Municipal Code.
2. There shall be four (4) signed parking spaces specifically for the customers of Mtn.
Discount. Employees of Mtn. Discount shall not park in the customer spaces.
3. The applicaJ1t shall record this PlaJUling aJ1d Zoning Resolution with the Pitkin County
Clerk aJ1d Recorder located in the Courthouse Plaza Building. There is a per page
recordation fee. In the alternative, the applicaJ1t may pay this fee to the City Clerk who
will record the resolution.
4. All material representations made by the applicaJ1t in the application aJ1d during public
meetings with the PlaJUling aJ1d Zoning Commission shall be adhered to aJ1d considered
conditions of approval, unless otherwise aJllended by other conditions.
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APPROVED by the Commission at its regular meeting on June 7, 2.005.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie LothiM, Deputy City Clerk
EXHIBIT A
STAFF COMMENTS
MTN. DISCOUNT
Section 26.425.040, Standards Applicable to all Conditional Uses
(A) The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive
Plan, and with the intent of the zone district in which it is
proposed to be located.
Staff Finding:
The SCI zone district standards aJ1d uses were revised in 1999 in aJ1 effort to return the
zone district to its intended purpose of being oriented toward the manufacturing, repair,
storage and servicing of consumer goods. Further, under the purpose ()f the SCI zone
district, it states that uses in that zone district should not "require or generate high
customer traffic volumes." The nature of retail businesses requires high customer traffic
volumes to be successful. Staff does not feel the proposal for Mtn. Discount is consistent
with the intent of the zone district or the staJ1dards of the AACP.
(B) The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed for
development and surrounding land uses, or enhances the
mixture of complimentary uses and activities in the immediate
vicinity of the parcel proposed for development.
Staff Finding:
Staff feels that although there are similar land uses in the area, these uses are legal non-
conformities which were eliminated as permitted aJ1d/or conditional uses during the last
revision of the SCI zone district.
(C) The location, size, design and operating characteristics of the
proposed conditional use minimizes adverse effects, including
visual impacts, impacts on pedestrian and vehicular
circulation, parking, trash, service delivery, noise, vibrations
and odor on surrounding properties.
Staff Finding:
The location at 557 N. Mill Street is currently under parked for the existing businesses.
Staff believes there will be increased pedestriaJ1 impacts, but the visual impacts, parking,
trash, service delivery and odor will be no more significant than any other business.
(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.
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Staff Finding:
There are adequate facilities to serve the proposed use. There are sufficient roads, public
utilities, site improvements, emergency services, and fire protection systems for this use.
(El The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by the
conditional use.
Staff Finding:
There will be no increase in employees generated by the conditional use compared
to the previous use as a bakery.
(F) The proposed conditional use complies with all additional standards
imposed on it by the Aspen Area Comprehensive Plan and by all other
applicable requirements of this title.
Stan Finding:
Staff does not believe this proposed use is consistent with the AACP or the requirements
of this title. The 2000 AACP Action Plan sought to increase SCI areas in the City of
Aspen and allowing a use that does not fit the intended purpose of the zone district
eflectively decreases the availability of space for more appropriate uses.
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ATTACHMENT 2-LAND USE APPLICATION
APPLICANT:
Name:
Location:
Parcel ill # (REQUIRED)
REPRESENTATIVE:
Name:
Address:
Phone #:
PROJECT:
Name: -MJ-Vl. \)\~c.o(,( V\~ /~rl~l--- ~y\~\j~
Address: A'bove _ 55+ \J \ YI.e.. ~ +- .
Phone#: :+0'2 - 2B1- -00'16
TYPE OF APPLICATION: (please check all that apply):
~
~ Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt.
0 Special Review 0 Final PUD (& PUD Amendment) 0 Final Historic Development
0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt.
0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition
0 GMQS Exemption 0 Subdivision 0 Historic Designation
0 ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion!
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
0 Lot Split 0 Temporary Use 0 Other:
0 Lot Line Adjustment 0 Text!Man Amendment
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PROPOSAL: (description of~ro;sed buildin,.j;ses, modifications, etc.)
I 0 SoR, I'B. IA (.1M \ If)n ovJ1.tJ-! d.~${.l'JUvrt-- s-/-.,rt'~
Have you attached the following? FEES DUE: S
o Pre-Application Conference SUllUIlllI)'
o Attachment #1, Signed Fee Agreement
o Response to Attachment #3, Dimensional Requirements Form
o Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written
text (Microsoft Word Format) must be submitted as part of the application.
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Mtn. Discount
Objective
To bring a warehouse I discount outlet store to the Aspen area. This store
will offer house wares, consumer goods, small household appliances, soft
goods and textiles at deeply discounted prices. The store will cater to the
local residents and provide value to the community in the form of savings
on consumer goods up valley, in Aspen.
Proposed Location
557 Mill st.
Ste. 101
Aspen, CO 81611
Proposed Use of Space
Total Space: 2800 sq. ft.
60% Retail Floor Space
40% Pallet Storage
Display and retail flooring will use approximately 60% of available space.
This will include gondola shelving, racks and working inventory.
Pallet storage and inventory will use approximately 40% of total space.
Parking
4-5 parking spaces will be outlined and reserved for Mtn. Discount in the
parking lot at 557 Mill St. Spaces will be posted with signs and monitored,
assuring proper parking and traffic flow.
Conditional Use (S/C/I)
The Zone District Summary provided by the Community Development
Department contains a section on conditional uses. This section states
several conditional uses that can not exceed more than 25% of use as retail
floor space. This section also states that there are exceptions and that
these exceptions can use more than 25%
One of the exceptions in the conditional use section states:
"Sale and rental of consumer goods such as household appliances,
electronic equipment, furniture, clothing, or sporting goods."
The goods offered for sale at Mtn. Discount should fall within this category.
In addition Mtn. Discount would provide local consumers with access to
reasonably priced consumer goods up valley, where these goods might
normally be available at reasonable prices only down valley.
Proposed Inventory
In the interest of providing consumers with savings on a broad range of
goods, Mtn. Discount plans to carry the following in Inventory:
Cooking Ware
Glassware Men's I Women's Undergarments
Household Appliances (microwaves, vacuum cleaners, blenders etc.)
Bedding Towels
Bathroom Accessories
Diapers Infant Accessories Personal Care Items
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April 26, 2005
City of Aspen
Corrununity Development Department
130 South Galena
Aspen, CO 81611
Attn: Joyce Allgaier
Re: Conditional Use Application 557 North Mill Street Parcel # 273707300013
Dear Ms. Allgaier,
The Roaring Fork Ventures' Building at 557 North Mill Street belongs to Roaring Fork
Ventures, LLC, PO Box 2949, Aspen, CO 81612 for which I am the Managing Member.
Paul Hoeper has my permission and support to pursue a conditional use application for
the 2800 square feet of leasable space on the lower level of the above referenced
building.
Please feel free to speak with myself at 618-8833 or my leasing agent Ruth Kruger at
920-4001.
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PUBLIC NOTICE
RE: 557 MILL STREET, SUITE 101 CONDITIONAL USE APPROVAL TO EXCEED
MORE THAN 25% OF USE AS RETAIL FLOOR SPACE
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 7, 2005 at a
meeting to begin at 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 Paul Hoeper,
affecting the property located at 557 Mill Street, Suite 101. The applicant's mailing address is826
Vine Street, Aspen, CO 81611. P&Z is asked to increase the retail floor space allowed in the
Service/Commercial/Industrial (SCI) Zone District from 25% to 60%. For further information,
contact Sarah Oates at the City of Aspen Community Development Department, 130 S. Galena St.,
Aspen, CO, (970) 429-2758, saraho@ci.aspen.co.us.
s/Jasmine TVl!re
Chair, Aspen Planning and Zoning Commission
Published in the Aspen Times on May 22, 2005
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City of Aspen Account
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Al!reement for Pavment of City of Asoen Develooment Aoolication Fees
CITY OF ASPEN (hereinafter CITY) and Mffi 'D\S<<>u.V\+ 1_1'tl\A \ \k~.r
(hereinafter APPLICANT) AGREE AS FOLLOWS:
r: A, APr~L~has submitted to CITY an applicatio~ for . \\ ~
~ I-t\OVY.L ", !l~ @. S!, 10\ 5"5:+ t.J. t-A. .
(hereinafter, THE PROJECT).
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2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000)
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 op a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
.
.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning
Commission and/or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
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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 $ which is for 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 at a rate of $220.00
per planner hour over the initial deposit. 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.
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CITY OF ASPEN
APPLICANT
Chris Bendon
Community Development Director
s" "~"~<W-'~
Date: /;fJ S-
Mailing Address:
By:
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1/10/01
RETAIN FOR PERMANENT RECORD
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ASPEN COMMUNITY DEVELOPMENT
2005 LAND USE APPLICATION FEES
CATEGORY HOURS DEPOSIT FLAT FEE
Major 12 2,640.00
Minor 6 1,320.00
Staff Approvals 3 660.00
Flat Fee 546.00
Board of Adjustment 250.00
Exempt HP 00.00
Certificate of No Negative Effect 220.00
Minor HPC 3 660.00
Significant HPC <1000 sq. ft. 6 1,320.00
Significant HPC >1000 sq. ft. 12 2,640.00
Demolition, Partial Demolition, Relocation 12 2,640.00
Substantial Amendment to Approved ~
Certificate of Appropriateness 660.00
Appeals - Base Fee 660.00 j
,
Referral Fees - Environmental Health
Major 365.00
Referral Fees - Housing
Major 365.00
Minor 190.00
Referral Fees - City Engineer
Major " 365.00
Minor .' 190.00
Hourly Rate
220.00
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Mtn. Discount
Objective
To bring a warehouse I discount outlet store to the Aspen area. This store
will offer house wares, consumer goods, small household appliances, soft
goods and textiles at deeply discounted prices. The store will cater to the
local residents and provide value to the community in the form of savings
on consumer goods up valley, in Aspen.
Proposed Location
557 Mill st.
Ste. 101
Aspen, CO 81611
Proposed Use of Space
Total Space: 2800 sq. ft.
60% Retail Floor Space
40% Pallet Storage
Display and retail flooring will use approximately 60% of available space.
This will include gondola shelving, racks and working inventory.
Pallet storage and inventory will use approximately 40% of total space.
Parking
4-5 parking spaces will be outlined and reserved for Mtn. Discount in the
parking lot at 557 Mill St. Spaces will be posted with signs and monitored,
assuring proper parking and traffic flow.
'"
....., '"
Conditional Use (S/CII)
The Zone District Summary provided by the Community Development
Department contains a section on conditional uses. This section states
several conditional uses that can not exceed more than 25% of use as retail
floor space. This section also states that there are exceptions and that
these exceptions can use more than 25%
One of the exceptions in the conditional use section states:
"Sale and rental of consumer goods such as household appliances,
electronic equipment, furniture, clothing, or sporting goods."
The goods offered for sale at Mtn. Discount should fall within this category.
In addition Mtn. Discount would provide local consumers with access to
reasonably priced consumer goods up valley, where these goods might
normally be available at reasonable prices only down valley.
Proposed Inventory
In the interest of providing consumers with savings on a broad range of
goods, Mtn. Discount plans to carry the following in Inventory:
Cooking Ware
Glassware Men's I Women's Undergarments
Household Appliances (microwaves, vacuum cleaners, blenders etc.)
Bedding Towels
Bathroom Accessories
Diapers Infant Accessories Personal Care Items
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April 26, 2005
City of Aspen
Community Development Department
130 South Galena
Aspen, CO 81611
Attn: Joyce Allgaier
Re: Conditional Use Application 557 North Mill Street Parcel # 273707300013
Dear Ms. Allgaier,
The Roaring Fork Ventures' Building at 557 North Mill Street belongs to Roaring Fork
Ventures, LLC, PO Box 2949, Aspen, CO 81612 for which I am the Managing Member.
Paul Hoeper has my permission and support to pursue a conditional use application for
the 2800 square feet of leasable space on the lower level of the above referenced
building.
Please feel free to speak with myself at 618-8833 or my leasing agent Ruth Kroger at
920-4001_
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RESOLUTION OF THE ASPEN PLANNiNG AND ZONING COMMISSION
APPROVING THE MTN. DISCOUNT CONDITIONAL USE FOR RETAIL SALES
OF DISCOUNT ITEMS AT 557 N. MILL STREET
PARCEL ID #2737-073-00013
Resolution No.Jj, Series of 2005
WHEREAS, the Community Development Department received an application
from Paul Hoeper, owner, for conditional use approval for a conditional use approval for a
retail sales establishment with 60% of the floor area dedicated to retail sale and 40% of the
floor area dedicated to storage of inventory; and,
WHEREAS, the subject parcel is located in the Service/Commercial/Industrial
Zone District in which the sales and rental of consumer goods such as household
appliances, electronic equipment, furniture, clothing or sporting good uses may be
approved by the Planning and Zoning Commission pursuant to Section 26.425 of the
Municipal Code; and,
WHEREAS, the Community Development Department reviewed the proposal and
recommended denial; and,
WHEREAS, during a public hearing at a regular meeting on 1rine 7, 2005, the
Planning and Zoning Commission approved by a _ to _ L-.J vote the Mtn. Discount
Conditional Use for a retail establishment to be located at 557 N. Mill Street, Suite 101,
with the conditions recommended by the Community Development Department.
NOW, THEREFORE BE IT RESOLVED by the Commission:
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That the Mtn. Discount Conditional Use for a retail and rental establishment be approved
with the following conditions:
I. The applicant shall be permitted sixty (60) percent retail sales floor area and forty (40)
percent storage floor area. Mtn. Discount shall be a legal, non-conforming use and
shall be subject to Section 26.312 of~ Aspen Municipal Code.
There shall be four (4) signed -P::k~g spaces specifically for the customers of Mtn.
Discount. Employees of Mtn. Discount shall not park in the customer spaces.
The applicant shall record this Planning and Zoning Resolution with the Pitkin County
Clerk alld Recorder located in the Courthouse Plaza Building. There is a per page
recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who
will record the resolution.
4. All material representations made by the applicant in the application and during public
meetings with the PlaJffiing and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
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Staff recommends the Planning and Zoning Commission deny the Conditional
Use for Mtn. Discount. If the Planning and Zoning Commission chooses to
approve the application staff recommends the following conditions:
I. The applicant shall be permitted sixty (60) percent retail sales floor area and forty
(40) percent storage floor area. Mtn. Discount shall be a legal, non-conforming use
and shall be subject to Section 26.312 of the Aspen Municipal Code.
2. There shall be four (4) signed parking spaces specifically for the customers of Mtn.
Discount. Employees of Mtn. Discount shall not park in the customer spaces.
3. The applicallt shall record this Planning and Zoning Resolution with the Pitkin County
Clerk and Recorder located in the Courthouse Plaza Building. There is a per page
recordation fee. In the altemative, the applicant may pay tins fee to the City Clerk who
will record the resolution.
4. All material representations made by the applicant in the application and during public
meetings with the Plalming and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
RECOMMENDED MOTION (ALL MOTIONS IN THE AFFIRMATIVE): '",
"I move to approve the Conditional Use for Mtn. Discount at 5'57 N. Mill, Suite
, 101 with conditions."
ATTACHMENTS:
Exhibit A -- Review Criteria and StaffPindings
Exhibit B SCI Zoning Ordinance
Exhibit C -- Application
3
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26.710.160 Service/Commercial Industrial (SCI).
A. Purpose. The purpose of the Service/Commercial/Industrial (S/C/I) zone district
is to preserve aJ1d enhaJ1ce locally-serving, primarily non-retail small business areas to
ensure a more balaJ1ced permaJ1ent community; to protect the few remaining such small
business parks historically used primarily for light industrial uses, maJ1ufacturing, repair,
storage and servicing of consumer goods, with limited retail, showroom, or customer
reception areas. The SCl zone district contains uses that may not be appropriate in other
zone districts or do not require or generate high customer traffic volumes, and permits
customary accessory uses.
B. Permitted Uses. The following uses are permitted as of right in the
Service/Commercial/Industrial (S/C/I) zone district. Except as noted below, each of the
permitted uses may have, in combination, no more than twenty-five (25) percent of the
floor area devoted to retail sales, offices, showroom, or customer reception, and such uses
shall be ancillary to the primary commercial use. This floor area percentage may be
increased through Special Review by the Planning aJ1d Zoning Commission, pursuaJ1t to
:eCnQ~?6.430, and according to the staJ1dards of Section 26.71O.160(E).
Cl ~s which mav use UP to 100% of the floor area for retail sales. offices, showroom,
or customer reception:
1. Manufacturing, repair, servicing, detailing, sales, and rental of consumer goods such
as:
a) Building materials, components, hardware, fixtures, and equipment.
b) Household appliaJ1ces such as ranges, refrigerators, dishwashers, etc.
c) Automobiles and motorcycles, including parts.
d) Fabric and sewing supply.
c/
SCI Uses which may use, in combination, up to 25% of the floor area for accessory
retail sales, offices, showroom, or customer reception:
1. Manufacturing, repair, alteration, tailoring, aJ1d servicing of consumer goods such as:
Electronic equipment; floral arrangements; furniture; clothing; or sporting goods.
2. Building/landscape maintenaJ1ce facility.
3. Typesetting aJ1d printing, including copy center.
4. Photo processing laboratory.
5. Locksmith.
6. Post Otlice braJ1ch.
7. Shipping aJ1d receiving services.
8. Automobile washing facility.
9. Catalogue sales store.
10. Laundromat.
11. Commercial dry cleaning.
12. Recycling center.
13. Artist studio.
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14. Rehearsal or teaching studio for the creative, performing, or martial arts with no
public performances. This shall permit a yogalpilates studio but prohibit Medical
Clinics md fitness clubs.
15 . Veterinary clinic.
16. Animal boarding facility.
17. Animal grooming establishment.
18. Brewery and brewing supply.
19. Coffee roasting and supply.
20. Commercial Kitchen or Bakery.
21. Warehousing md storage.
22. Service yard accessory to a permitted use.
23. Sales and rental accessory and incidental to a permitted use.
24. Accessory buildings md uses.
Non-SCI Uses permitted:
1. Design Studio such that the total net leasable square footage devoted to such use
within the entire zone district does not exceed 9,000 square feet.
2. Home occupations.
C. Conditional uses. The following uses are permitted as conditional uses in the
Service/Commercial/ Industrial (S/C/I) zone district, subject to the stmdards md
procedures established in Chapter 26.425. The Commission shall establish the
appropriate amount of floor area devoted to retail sales, office, showroom, or customer
reception for each conditional use during the review.
1. Consignment retail establishment.
2. Commercial Parking Facility, pursuant to Section 26.515.
3. Gasoline service station.
4. Affordable Multi-FaJilily Housing on Upper Floors.
5. Free-Market Multi-FaJilily Housing on Upper Floors.
6. Artist's Studio with ancillary residence on Upper Floors.
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted md conditional uses in the Service/Commercial/ Industrial (S/C/I) zone
district:
1. Minimum lot size (square feet!: 3,000
2. Minimum lot area ver dwellini! unit (square feet!: No requirement.
3. Minimum lot width (feet!: No requirement.
4. Minimum front vard setback (feet!: No requirement.
5. Minimum side vard setback (feet!: No requirement.
6. Minimum rear vard setback (feet!: No requirement.
7. Maximum heii!ht: 35 feet, which may be increased to 40 feet through one
of the following options:
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a) An additional 5 feet of total height may be approved, pursumt to
Special Review, Section 26.430 and according to the stmdards of
Section 26.71O.l60(E), if a minimUlll of .75:1 Floor Area Ratio of
SCI uses exists on the same parcel. (Also, see Floor Area Ratio
below.)
b) An additional 5 feet of total height may be approved, pursuant to
Special Review, Section 26.430 and according to the stmdards of
Section 26.71 0.160(E), to increase first floor ceiling height.
8. Minimum distance between buildinv:s on the lot (feet!: No Requirement.
9. Pedestrian Amenilv Svace: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR): The following FAR schedule applies to uses
cumulatively up to a total maximUlll FAR of 2: 1.
a) Commercial Uses 1.5: 1.
b) Affordable Multi-Family Housing: .5:1.
c) Free-Market Multi-Family Housing: .5:1, only if a minimum of .75:1 FAR of
commercial uses exist on the same parcel.
E. Special Review Standards. Whenever the dimensional standards of a proposed
development within the SCI Zone District are subject to Special Review, the development
application shall be processed as a Special Review, pursuant to Section 26.430, and shall
be approved, approved with conditions, or denied based on conformmce with the
following criteria:
1. To increase the allowable height the applicmt shall demonstrate the need for
additional height, the appropriateness of the additional height md massing
considering the context in which the building will be developed, and shall
demonstrate consistency with the purpose of the SCI Zone District. Five (5) feet of
additional height may be approved as an incentive to either develop a minimum of
.75: I FAR of SCI business space or to increase the usable floor-to-ceiling height of
the ground floor. The height increase shall not be used to accommodate additional
ceiling height for residential uses. Only one five-foot height increase may be
approved, even if both development options are taken.
2. To increase the allowable percentage of interior space assigned to retail, showroom,
or customer reception area, the applicmt shall demonstrate the need md
appropriateness for such additional space and shall demonstrate consistency with the
purpose of the SCI Zone District. The approved additional percentage for a specific
use shall be limited to that use and not applicable to subsequent uses in the same
space.
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION. 2.6.304.Q60 (E), ASPEN. LAND USE CODE
SCHEDULED PUBLIC HEARING DATE:
N. MJ\ S-f--
:C.A~ 1~
. Aspea, CO
,200 S-
ADDR"IlSS OF PROPERTY, 5 '=> 1-
STATEOFCOWRADO )
) ss.
County of Pitkin )
I,Y4u ~~ (name, please print)
being or representing an pplicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirement" of Section 26304.060
(E) of the Aspen Land Use Code in the following manner:
.$- Publication of Mtice: By the publication in the legal notice section 6f an 6fftcial
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
:/:-- Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed ofletters not
less than one inch in height. Said notice was posted at least fifteen (15) days
pOOr ro the public hearing and was continuously visible from the _ day of
, 200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
~ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26304.060(E)(2) of the Aspen Land Use Code. 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 govermnent,
school, service district or other governmental or quasi-governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
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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 (lS) days
prior to the public hearing on such amendments.
The foregoing "Affidavit of Notice" W~d befO~ day
of Jilr-L , 200 ~by -yl- I .
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111'"1111"\\\
WITNESS MY HAND AND OFFICIAL SEAL
MYC~' sionexpires: 3~3/09'
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Notary .
ATTACHMENTS:
COPYOFfflEPUBUCATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
UST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
Jam and Smudge Free Printing
Use Avery@TEMPLATE 5160@
ASPEN CONSOLIDATED SANITATION
565 N MILL ST
ASPEN, CO 81611
CROWN LAURIE J
414 N MILL ST
ASPEN, CO 81611
LIPSEY WILLIAM S
414 N MILL ST
ASPEN, CO 81611
ORTEGA G RICHARD
414 N MILL ST
ASPEN. CO 81611
PUPPY SMITH LLC
205 S MILL ST SUITE 301A
ASPEN. CO 81611
US POSTAL SERVICE
WESTERN REGION
SAN BRUNO. CA 94099
@09~S @AU3AY $
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www.avery.com
1-800-GO-AVERY
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......' BEYER ALAN R
410 N MILL ST #B11
ASPEN. CO 81611
GARWOOD JANET
PLETTS SARAH A AS JT TENANTS
PO BOX 3889
ASPEN, CO 81612
MARTIN MICHAEL S
4150 IRVING PL
CULVER CITY. CA 90232-2812
PEMBER SARAH P & WILLIS
PO BOX 8073
ASPEN. CO 81612
REIDSCROFT PARTNERSHIP
PO BOX 10443
ASPEN, CO 81612
^1I3^,if-09-o08-~
wo)'A1aAe'MMM
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-' CITY OF ASPEN
130 S GALENA ST
ASPEN. CO 81611
HOROWITZ JAMES M
110 E HALLAM SUITE 104
ASPEN. CO 81611
MILL STREET VENTURE LLC
PO BOX 1112
CRESTED BUTTE. CO 81224
PITKIN COUNTY
530 E MAIN ST STE 302
ASPEN. CO 81611
TEAGUE HENRY B
412 N MILL ST
ASPEN. CO 81611
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ap!deJ a6e'l)~s '1 Ja a6eJJnoq!lUe uo!ssaJdwl
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PUBLIC NOTICE
RE: 557 MILL STREET, SUITE 101 CONDITIONAL USE APPROVAL TO EXCEED
MORE THAN 25% OF USE AS RETAIL FLOOR SPACE
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 7, 2005 at a
meeting to begin at 4:30 p.m. before the Aspen Planning aJ1d Zoning Commission, Sister Cities
Room, City Hall, 130 S. Galena St., Aspen, to consider aJ1 application submitted by Paul Hoeper,
affecting the property located at 557 Mill Street, Suite 101. The applicaJ1t's mailing address is
826 Vine Street, Aspen, CO 81611. P&Z is asked to increase the retail floor space allowed in the
Service/Commercial/Industrial (SCI) Zone District from 25% to 60%. For further information,
contact Sarah Oates at the City of Aspen Community Development Department, 130 S. Galena St.,
Aspen, CO, (970) 429-2758, saraho@ci.aspen.co.us.
s/Jasmine Tvere
Chair, Aspen Planning and Zoning Commission
Published in the Aspen Times on May 22, 2005
City of Aspen Account
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 557- ;1.1; J \ i:5N_ IO!
SCHEDULED PUBLIC HEARING DATE: ~/?j05 '
, Aspen, CO
,200
STATE OF COLORADO )
) ss.
County of Pitkin )
I, ~d.~~ ~\V1(J 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:
4 Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
_ Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, ~
waterproof materials, which was not less than twenty-two (22) inches ~de
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
,200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
_ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days~rior to
the public hearing, notice was hand delivered or mailed by first class post~ge
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi-governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
allY 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.
~M ~~J
~gnature
The foregoing "Affidavit ofNotic,f was ~~d byfore me 1hi~ day
of ~ ,200.,2, by J-..l~-
RE: 557 MilL :~"~iC NO"nCf;
AL USE APPROVAL ,ro'ix~~~T~ WI CONOlT/ON_
OF USE AS RETAIL~I~OOR SPACE MORE THAN 25%
NOTICE IS ;t.Rf:BY G
o hearingwillbeheJ .onTu ,lVEN that a public
t, meetJng 10 begIn at 4'3() e.~day. June 7, 2005 at a
1 Planning and Zoning'c p.m. ~dore the Aspen
~oom, City Hall, 130 S. (~%~~S~'on, Sisler Cities
sIder. an application submitted It; Aspen, to con_
e affectmgthe proper! J Y Paul Hoeper
u Suite 101. The appJj:an~,~aled. ,at 557 Mill Street:
Vine Street, Aspen, CO 816i~al~ng address is 826
~rease the retail floor s &z IS asked to in-
lce/ CornmerCiaJ/indu;:ajcealJowe{jJn the Serv_
from 25% to 60~" r al (SO) Zone District
For lurther informatJon '
the CIty of A.5pen Com;lJ~o~tact Sarah Oates at
partment, 1305 Galena 5t IlIty Development De-
2758, saraho@ci:aspen.co.~~.Aspen, CO, (970) 429-
Chair, Aspen PI n' ~!Jasmin.' Tygre
Pubfjshed in the As m~_and Zoumg Commission
2005.(2722) n lmes Weekly on May 22,
WITNESS MY HAND AND OFFICIAL SEAL
4
.. . r
My commiSSiOn expires'
-,,-0..:,:
......
ATTACHMENTS:
COPY OF THE PUBLICATION
'GRAPH OF THE POSTED NOTICE (SIGN)
:tS AND GOVERNMENTAL AGENCIES NOTICED,
BY MAIL
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, .
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ATTACHMENT 2-LAND USE APPLICATION
APPLICANT:
Name:
Location:
Parcel ill # (REQUIRED)
REPRESENTATIVE:
Name:
Address:
Phone #:
PROJECT:
Name: ....M-+Vl. \) kc.ou V\ +- /~ r I~l-- ~lA~\J~
Address: Above ~ 55-+ \J \ Y1-e.. ~ -I- .
Phone #: :to?. - 261- -QoqB
TYPE OF APPLlCA nON: (please check all that apply):
~ Conditional Use D Conceptual PUD D Conceptual Historic Devt.
D Special Review D Final PUD (& PUD Amendment) D Final Historic Development
D Design Review Appeal D Conceptual SPA D Minor Historic Devt.
D GMQS Allotment D Final SPA (& SPA Amendment) D Historic Demolition
D GMQS Exemption D Subdivision D Historic Designation
D ESA - 8040 Greenline, Stream D Subdivision Exemption (includes D Small Lodge Conversion!
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
D Lot Split D Temporary Use D Other:
n Lot Line Adiustment D Text/Map Amendment
PROPOSAL: (description of~ro;Sed buildin~SeS' modifications, etc.)
I u c;.R, r1~ IA (.tIV\l:' \ ~A)n o~.e..+- I d.~s {nuvtl-_s-h:.s-('~
Have you attached the following? FEES DUE: $
D Pre-Application Conference Summary
D Attachment #1, Signed Fee Agreement
D Response to Attachment #3, Dimensional Requirements Form
D Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic ropy ofall written
text (Microsoft Word Format) must be submitted as part of the application.
-
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ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Pr?ject: 7..t>(;(r~\:k,.--lV~f~ ~~I IJ,
Apphc:mt: J);;.- ---L \.r C.OlA :+ r vi I _ _
LocatIOn: 5_ t.-..^ -, 1 ~ S, + . co
'-'-="F' ,
Zone District: "3<">:L
Lot Size: {'.3oo >"'1 F+.
Lot Area: '
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
defmition of Lot Area in the Municipal Code.)
Commercial net leasable:
Number of residential units:
Number of bedrooms:
Existing:
Existing:
Existing:
Proposed:
Proposed:
Proposed:
Proposed % of demolition (Historic properties only):
DIMENSIONS:
Floor Area: Existing: Allowable: Proposed:
Principal bldg, height: Existing: Allowable: Proposed:
Access, bldg. height: Existing: Allowable: Proposed:
On-Site parking: Existing: Required: Proposed:
% Site coverage: Existing: Required: Proposed:
% Open Space: Existing: Required: Proposed:
" Proposed:
Front Setback: Existing: Required:
Rear Setback: Existing: Required: Proposed:
Combined FIR: Existing: Required: Proposed:
Side Setback: Existing: Required: Proposed:
Side Setback: Existing: Required: Proposed.'
Combined Sides: Existing: Required: ' Proposed:
Distance Between Existing Required: Proposed:_
Buildings
Existing non-conformities or encroachments:
Variations requested:
.,,_.,
hiJ.
"
CQYcj
.-
ATTACHMENT 2-LAND USE APPLICATION
APPLICANT:
Name:
Location:
Parcel ill # (REQUIRED)
REPRESENTATIVE:
Name:
Address:
Phone #:
PROJECT:
Name: ~ +Vl. \) \ ~ COCA V\ +- /~ I' I~~ ~lA ~\ d ""<t-
Address: Above' _ 5 5+ \J \ YI.e.. .;;: -I- .
Phone #: =lb'L - 261--vo'1B
TYPE OF APPLICATION: (please check all that apply):
'.@ Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt.
0 Special Review 0 Final PUD (& PUD Amendment) 0 Final Historic Development
0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt.
0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition
0 GMQS Exemption 0 Subdivision 0 Historic Designation
0 ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion!
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
0 Lot Split 0 Temporary Use 0 Other:
0 Lot Line Adiustment 0 Text/Map Amendment
.'
"
EXISTING CONDITIONS: (desc~~:n of existin6 bUildin; uses,~ous a:rovals, etc.)
.LoW'Af' 'floor I ':p,eVD \~ n. LoA'" ( ~. I ,)
PROPOSAL: (description of~:sed buildin,j;ses, modifications, etc.)
I Us.R. I'l~ IA (.IIv\<:?1 ~A)n ovJ..l~.J-1 d.~.s{.J'ilvrt--_~c...-
Have you attached the foDowing? FEES DUE: $
o Pre-Application Conference Summary
o Attachment #1, Signed Fee Agreement
o Response to Attachment #3, Dimensional Requirements Form
o Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of aD written
text (Microsoft Word Format) must be submitted as part of the application.
RET~NFORPERMANENTREC~
-
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ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project, 7-""A~ 1O:,AL ';""""""", "IT I~
At:~:~i~~~ ~~.l'a\r~.~~~~P(f ~+~P;A/] J GO
Zone DlstnCt: <=;(>:T:
Lot Size: [,,300 >"'1 F+.
Lot Area: '
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
defInition of Lot Area in the Municipal Code.)
Commercial net leasable:
Number of residential units:
Number of bedrooms:
Existing:
Existing:
Existing:
Proposed:
Proposed:
Proposed:
Proposed % of demolition (Historic properties only):
DIMENSIONS:
Floor Area: Existing: Allowable: Proposed:
Principal bldg. height: Existing: Allowable: Proposed:
Access. bldg. height: Existing: Allowable: Proposed:
On-Site parking: Existing: Required: Proposed:
% Site coverage: Existing: Required: Proposed:
% Open Space: Existing: Required: Proposed:
" Proposed:
Front Setback: Existing: Required:
Rear Setback: Existing: Required: Proposed:
Combined FIR: Existing: Required: Proposed:
Side Setback: Existing: Required: Proposed:
Side Setback: Existing: Required: Proposed.'
Combined Sides: Existing: Required: ' Proposed:
Distance Between Existing Required: Proposed:_
Buildings
Existing non-conformities or encroachments:
Variations requested:
.
fh oe.p e, h.otM.Q"/ . ~wt
4. - q 7. ~- 5' B ~ 'j Affi,. PI) '-'t I
enhances the mixture of complimentary uses and activities in the immediate vicinity of
the parcel proposed for development; and
~
C. The location, size, design and operating characteristics of the proposed
conditional use minimizes adverse effects, including visual impacts, impacts on
pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and
odor on surrounding properties; and
-7
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
-;7
E. The applicant commits to supply affordable housing to meet the incremental need
for increased employees generated by the conditional use; and
The Community Development Director may recommend, and the Planning and
Zoning Commission may impose such conditions on a conditional use that are necessary
to maintain the integrity of the city's zone districts and to ensure the conditional use
complies with the purposes of the Aspen Area Community Plan, this Chapter, and this
Title; is compatible with surrounding land uses; and is served by adequate public
facilities. This includes, but is not limited to imposing conditions on size, bulk, location,
open space, landscaping, buffering, lighting, signage, off-street parking and other similar
design features, the construction of public facilities to serve the conditional use, and
limitations on the operating characteristics, hours of operation, and duration of the
conditional use.
p
26.425.050 Procedure for review.
A. General. An application for review of a conditional use shall be processed in
accordance with the Common Development Review Procedures set forth at Chapter
26.304.
B. Steps required: One - A public hearing before the Planning and Zoning
Commission. Following the public hearing, the Planning and Zoning Commission shall
by resolution (with appropriate findings offact) approve, approve with conditions, or
deny the application.
C. Notice requirements: Publication, mailing and posting (See Section
26.304.060(E)(3)(a)(b) &(c)). (Ord. No. 27-2002 S 9, 2002)
26.425.060 Application.
The development application for a conditional use shall include the following.
A. The general application information required in Section 26.304.030;
.....'.....-
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Chapter 26.425
CONDITIONAL USES
Sections:
26.425.0l0Purpose.
26.425.020Authority.
26.425.030Authorized conditional uses.
26.425.040Standards applicable to all conditional uses.
26.425.050Procedure for review.
26.425.060Application.
26.425.080Amendment of development order.
r Attv\ '. PatA-l H.
HOK. bvte-tey cJj(fJj
eCl~ 0V't. of-- ~
(yl'te/v t'&\. (.,l~
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~a' I *" Sav4~
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26.425.010 Purpose.
Conditional uses are those land uses which are generally compatible with the
other permitted uses in a zone district, but which require individual review of their
location, design, configuration, intensity, and density in order to ensure the
appropriateness of the land use in the zone district.
~ 07<<"
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26.425.020 Authority.
The Planning and Zoning Commission, in accordance with the procedures,
standards and limitations of this chapter, shall by resolution approve, approve with
conditions, or disapprove a development application for a conditional use, after
recommendation by the Community Development Director.
/
26.425.030 Authorized conditional uses.
Only those uses which are authorized as a conditional use for each zone district in
Chapter 26.710, maybe approved as a conditional use. The designation ofa land use as a
conditional use in a zone district does not constitute an authorization of such land use or
act as an assurance that such land use will be approved as a conditional use; rather, each
proposed conditional use shall be evaluated by the Planning and Zoning Commission for
compliance with the standards and conditions set forth in this chapter.
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.
-7> 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
--7 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