HomeMy WebLinkAboutpitkin.planning.246717401035
DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat(s)
Parcel ID: 2467-17~-01-035 Application Date: 1/27/10 Case No: P006-10
Description:
Planner: Mike Kraemer
# Copies:
Allocated Hours:
Protect Address: 24505 HWY 82, BASALT, CO 81621 % Over Hours:
Property Owner: INDEPENDENCE INVEST GRP Address: PO BOX 5776 Owner Phone:
LLC SNOWMASS VILLAGE, CO 81615
Owner's REP: FOERSTER CHERYL M Address: PO BOX 6887 REP's Phone:
SNOWMASS VILLAGE, CO 81615
REP's Email: cheryl.fcerster@nichemediallc.com
Referrals:
Comments Due Date:
Other Referrals:
Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting:
Meeting Date:
Review Body: admin
Public Hearing? no
Notice Date:
Meeting Notes:
Approvals:
BOCC Resolution #: P8Z Determination #:
BOCC Ordinance #: HO Determination #:
Admin Determination #:
Other Infonnatlon:
VR Approval Date: Plat Recorded Date:
VR Expires Date: Plat (Bk, PG):
Remarks:
Application Type: Non-Conforming Use
!-~~ 5 ~, 2 , 5 , ~ ~-lo i I~~d lay lls ~rl ~s~
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January 26, 2010
Cheryl Foerster and Don Coder
Green Tree, LLC
Box 594 Aspen, Colorado 81612
Dear Cheryl and Don -
We have reviewed your business plan dated December 18, 2009, for your company,
Green Tree, LLC that contemplates leasing a space in the legal non-conforming use building .
located 24505 Hwy 82 in the Holland Hills area (PID# 246717401035). This building is loosely
referred to as the "Basalt Electric" building and is identified in green on the attached 2009 aerial
photograph (Attachment A). In your plan, you have indicated"a desire to establish a "wellness
center' with some retail functions. The plan also indicates that retail sale of medicinal
marijuana would occur onsite but in a secondary capacity to the wellness center. This letter will
serve as a decision from the Community Development Department in response to your
proposal.
Our Department has reviewed your plan under the 2006 Land Use Code, a
supplementary Board of County Commissioner (BOCC) resolution that governs the non-
conforming status of the "building, and a recent letter from the {ounty Attorney's Office
memorializing uses at the location you desire to lease. Your proposal is subject to Chapter 9 of
the 2006 Land Use Code which regulates legal non-conforming uses and states that they may
continue with conformance under Section 9-30. The building is also subject to BOCC Resolution
No. 79-42 (BK368 PG433) -Attachment B. This resolution exempts the Basalt Electric Building
from abatement.. This resolution is, however, silent to the uses that may continue. On October
10, 2006 the County Attorney's Office issued a letter from Carrington Brown, Code Enforcement
Officer (Attachment C) to Mr. Tim' Belinsky of Independence Investment Group, LLC (owner) in
response to a submittal by the aforementioned to address a Notice of Violation. The Code
Enforcement,Officer's letter recognizes the abatement resolution and goes further to indicate
current and past uses of equal or less impact that may continue via two (2) signed affidavits by
previous owners of the building.
The affidavits and BOCC resolution are important to your proposal because they are part
of the record that identifies non-conforming uses that may still occur. The affidavits state that a
physical therapist/physician that provided medical rehabilitation and related treatments to
clients once occupied the building: The affidavit further states that retail"uses were once part of
this building such as a carpet and home furnishing company, telephone equipment sales, and a
plumbing and electrical company that sold-fixtures, supplies, and components to the public.
These retail uses appeared to have primarily served the construction industry and would be,
classified under what is called "building materials and landscaping - fprmally khow -'
Page 7
130 S. Galena Street,Third Floor Aspen, Colorado 6161 I
(970) 920-5526 fax 920-5439 TTY 429-2700 www.aspenpitkin.com
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equipment supplies and contracting or subcontracting" in the 2006 Land Use Code. While the
affidavits state that retail to the public was a previous use, this use appears secondary to the
"building materials and landscaping" use.
Your business plan indicates that a wellnes3 center will occupy the space with retail to
the general public as a secondary and accessory function. Your proposed business plan is in
conformance with Chapter 9 of the Land Use Code, BOCC Resolution No. 79-42, and the October
10, 2006 Attorney's Office Letter establishing uses within the building. The use, as outlined
above with limited retail activity, may occupy the space in conformance with Pitkin County
regulations. If, in the future, the business expands or,operations change, this letter is no longer
applicable and compliance with the above mentioned review documents will need to occur
again.
Lastly, it has come to our attention that the septic field associated with the building may
not be in compliance with current Pitkin County Onsite .Wastewater Treatment System
regulations. It is recommended that you or the building owner contact Bryan Daughtery with
the Environmental ,Health/Natural Resources Department to determine compliance. His
number is 920.5076.
Thanks,
~~~
Mike Kraemer
Planner
Page 2
130 S. Galena Street,Third Floor Aspen, Colorado 8161 I
(970) 920-5526 fax 920-5439 TTY 429-2700 www.aspenpitkin.com
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RESOLUTION OF THE BOrtRD CF fAUt7T1L CbM113SSIONERS T~ /~Nj~
OP PITEIN COUNTY. COLOP.ADO, EAEHPTING ~fARIOUS ~ - ~'-II'f"" '" "~---,-, °
DEES YROfa'TRE A%ATENENT rRwlsloNS '~
OP THE PITSIR COUNTY LAND US8 CCDE AND
GRANTING SPECIAL REVIEN APPROr1A(L~TO `~'i~TSNAN-GERBF~Z
Resolution No.~
4fREREAS, The Hoard of County Cofmsisaioners of Putt.. Covaty,
Colorado, with the adoption o!-its zesolntion 78-23, has established
a procedure for the consideration of applicatio[u for exea.ptioa
from for increased smortiutfoa periods orith respect to) the
abatement provisions of the YiFVtn County Land Uan Code, and
9f8EREA±, applieationa for exemption or as 3ffcreased amortisation
period bay bean roceiond for various noacoafoxmiag Haas within
Yitr;.. Connty, asmeiy: .
1. Roaria9 Port GxOeeryf
3. Lazy Glea Gr b e s Antiques:
3. Da Eaven Trailer Court:
4. Morning Star Tzmkinq Coxpoxatioaf
5. Dodger Dig4lnq:
6. Hi4h1~ Reldiag 8 Pabxiestioa;
~. Haaalt Electric; .'
8. Stntsma~Gerbaa Earth Novia4 Contraetoxs; and
mSEItEAS, subsequent to the receipt o£ a xecommeadation fma
the Plaanin4 sad 8oaiag Comiission, the Board did, on lfarch 36, 1979.
after Proper notice Lad bean 4iven, conduct a Public hearia4 on
these applications. sad
civmev:c, upon revief[ia9 the recasmieadatton of the Planning
and Boa'^^ Ce~isaion and Pitkin County Planaiag OEfiea, and
is of the Applicant and ^w^*""s of
exhibits, testimony and oofmnaa
the public. the Board has detexmiaed that each'o£ thaw uses Las
edvezsa..ynud, use. impacts which can ba'mitigated by compliance With
the conditions herainafter'enumeratedf that none has severs adverse
impacts regniriffq abatement as noarnafeaaing uses; and 5tutsman-
Gerbaz should, i;[ fact, receive Specie], Review approval as a
public service use Pursuant to Section 7.11 oP the Pitkin County
Land Dse Code.
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~3G6 r.+~434
NOW. TBE88FORE, BE ZT RpSOLVBD by the Board tff County
Cowaissionars of Pitkia Covatp• Colorado, Pursnant to the Provisions;
of Section 7.11 and 7.12 of the Pitkin County Land Use Code.
posting Pork Grocery
That this nse be exempted from the abatement Provisions of
Section 7.10 of the Pitkui County Land IIse Cods conditioned ypon
compliance by the Applicant of the following condition: The
Applicant shall dedicate lands necessary• for, and acs~me the costs
of. aaY improvements required by the County Engineer to bs made
as a xesvlt'of his redesigning the ApP~cant's access to and from
Sighway 82. .
La Gies Greenhouse sad Antigaas
ffiat this nee he exempted from She abatement provisions of
Section 7.10 of the Pitkia Comty Lead IIs. Codas maditioned upon
compliance by the Applicant of the following coaditionsa
1. The Applicant shall rednca its present cvrbrv~oa7,~f
one central Poineerg access meetia4 the app
the County Sag
. 2. Tas Applicant rslxaia from parkin4 tracks and other
commercial cehtcles along the highway right of way.
De Seven Trailer Court
That. inasmuch as the ApPiieaat intends to wlvntarily
discontinue this use, that he ba 4ranted as increased amortisation
period of .foes (4) yeazs (tram the date of this resolutions: to do.
w.
twoaer Maaing;. Mornin4 Star Traekias _
That these uses be given an amconditional exemption from the
abnt•~°^t Provisions of Section 7.10 of the Pitkia CovatY Land IIse
Code.
8i~hlaad Welding
Pram the ahntemeat provisions o£
That ibis ase bas exempted'
Section 7.10 of the PiUcia County 7snd Ose Coda conditioned upon
compliance by the ,ApPlicaat of thn fvllowia9 c~ndltSonsx
1, The Applicants within one year of the data or this
resolution, sAa11 harm as+d/or sch~ 82nin such ~a
the Applicant s Premises and 81¢ further. meatinq
saaner as to scraaa the P~siaenr.
flee approval of the County Enq
2. Thy gpplir vazaltofhtle Co®tpiSa9ir+ee=ce in a aanaer aentiaq
l
Iy
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Fli.E
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Basalt Electric l
That his~ns a exeagted from the abetemeaC provisions~of
Section T.30 0£ the Pitkia Comity Land Dse Coda conditioned aeon
compliance by the Applicant of the folioviag rnnditioas:
1. The Applicant shall fill and/or terrace and vegetate the
eu! enbaalonent oa the pt®oises to the satiafnction of the
County Eagiaeer:
2. The Applicant shall refrain iron thL long tern pazking
(for storage purpoua) of tractor trailers on the
prpyiaea.
3'. The ARPlieaat shall cease the outdoor storing of
_~~_ building materiels on the Premised.
ti •.
°%~ "M1~.' The Applicant shall remove thn ehicknn Tire storage
. ~,. .. shed presaatly on the premises.
~: '
StotT bar
r.
'T'hat this osa ha granted Spacial Review approval as a .
pohlt~ paxvice nsa gaisnaat to the provisions of Seetioa T.11
of~ Pi'•kin County Z.and IIae Coda oonditioaed npoa the Applicant,
wi oas pear of the date of this resolution, DPSmi^g and/or
'screening the area between tho Applicant`s premiaea and Rigtray
r
82 is each a gamer u to screen the Premises and, gather, meeting
the approval of the County Engineer. '
RE IT PDRTRSR RESOL4ED, that rheaever any applicant sha]1
have satisfied .+i :conditions enumerated abode for.thn grant of
as exemption from abatement or special Levier approval, he shall
notify the Board which will, nt that time, Hake of record a grant
of esemptiaa ox special revier approval. Dneonditiozyal exemptions
shall be effective u oC the date of this resolation.
HE IT SQRTSER SESOLVED that the County Attorney shall initiate
proceedings for abatement in the event that the Applicants shall
sot pursue the sfitisfactioa of •conditioas fdr'exemption in n
timely manner. -
Approved by the Board o£ Co®issioaers, Chanty of Pitkin,
Colorado, at its regalaz meeting held Hay 7, 1979.
L P.. S. 4
3 ~.: ,
~.' BOARD OF COADlISSZOHERS
~• "~•~Ts ~~~" COIIRTY OF P2TSIH, COIARADO
s i z , '(
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1:.. DepotY County Clerk Chairman
APPROVED AS TO FORH:
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. PITKIN COUNTY ATTORNEY ..
Courthouse Annex Building ~,
IoM M. Elv
530 EastMain Street, Suite 302 , .
caH,ryAao~r Aspen, Colorado 81611 ,
CMirtop6u d' Seldm
Astfslant Coway Attorney ~ 'Fel: (970) 920-5190
Fax: (970)920-1198
Legal Asaisraner '
t;sardaaooaeta
CaQin$toa B[Own
~ Jaee Achey
.
Cods Er{farroenunt O,Qlar
10/10/06
Mr. 'Tim B8linsky
Go Independence Investment Group, LLC
Snowmass Village; Co 81615
Dear Mr: Belinsky,
I am writing you concerning your' August 31 ° 2006 appeal of the November 7th, 2006 Notice of
Violation for your property located. at 24505 Highway 82, Pttkm Counts'' ,
Pitkin County Community Development staff has reviewed the appeal packet you submitted for
appeal to the Board County Commissioners (BOCC) of the Notice of Violation and conclude
your appeal can be addressed by adrmnlsttative action. Consequently, there is no need for the
appeal to be heard by the BOCC on November ln. ,
This letter serves as a iecord of the Pitkin County Community Development administrative
action. The action addresses the disputed pact of the appeal, i.e.: the storage.of R.V: ~y
property and also future uses. The administrative action does not address rezoning, y
make a separate application for proposed rezoning if you wish.
The administrative fiction concludes 2 affidavits ~°Om and Beck) you have submitted are
accepted as a reasonably accurate portrayal of. the activities on the property daring the time the
•exemption from abatement was greeted (May 7,1979): Consequently, those uses specified m
the 2 affidavits signed by Booth and Beck may continue into the future. Uses like those specified
in the 2 affidavits that have an equal or less impact upon the neighborhood, are acceptable in the
futme'~.'he 2 affidavits are attached to this letter and shall be part of the record in order to assist
in establishing the appropriateness of future uses of the property.
The May 7, 1979 exemlion from abatement is also attached to this letter and shall be part of the
record. The exemption from abatement specifies certain conditions must be met; those conditions
take precedence over any uses mentioned in.the. aforementioned affidavits. In other words, if a
use is mentioned in one of the affidavits but is precluded in the May 7,1979 exemption, it may
not continue today. or in the future. Specifically, the outdoor storing of butler ' dingy attls~on the
premiss is not permitted, and the. ore a of tractor trailers b the pperty Pew
Please note staff interprets this to mean that while the tractor that tows the trailer maybe stored
on the property, the trailer (which includes trailers of significant capacity that would be towed by
a tiactor of over 1 ton capacity, such as lowboys, flatbeds, box trailers, storage container trailers,
portable trash container trailers, goose necks, etc) that is towed may not be stared on the
prdperry. Light trailers such as those towed by a family car or pickup truck of up to and
including 1 ton capacity are permitted to be stored on site.
Regazding the current NOV:
IJ The 1tV storage on the property is a legal non conforming use and may continue.
2) The existing rt'e is an expansion of a nqn-conforming use and must be
removed. hie tent, and another sheds or buildings (other than the main building)
located on the property must be removed within 3a days of this letter.
I appreciate your cooperation and if you have questions or concerns, you may contact me at.970-
429-2.814 or Pitkin County Community Development staff at 970-920-5526.
Sincerely,
~~~
Carrington Brown
Code Enforcement Officer
.Cc: Newland Project Resources, Inc.
John Ely, Pitkin County Attorney
Attachments: 2 Affidavits, signed'by Booth and Beck
Reso # 79-42, May 7,1979 Exemption from Abatement.
~~~ pt8davlt and Statement of Fad as of Aagast ~ 2~b.
16aebY shte that the folloa'm8 is tote.
atd to-owMCS of 8ie pcopatY thffi is a~aeadY mown as
MY ~~ and i was partners Bpffid of Co>r~dssioz~s
the Aol1>md FIi0s Business Cella at the time the Pitldn IONERS OF
RESOLUTION OF THE BOARD OF COUId'fY PROM' TIfE
F ~ .U~y, I;pIARADO. E~~ICi VARIOUS ~ CODE ADID
pROVblONS OF'IHB PITKIPl GOUNTY LA1'm 1979
Og,Arll'IN6 SPECIAL REVIEW APPROVAL TO STUTSMAN'C*ERSAZ
t Elatrie and ~~ ~ bps O°t of the
Resolution), Because we also owned Baca]
building, it was also cotttmodY mown as the Basalt Electric Build'mg•
We built the 1nu1Qia6 with the iuteaConthat it would'h~ multiple bvsmesses. We also
had intended to develop addtiioual b °n Lots I and 2
Basalt Elechia never occupted mote than abo~ ~~ squaze ~' or onGquartathe late
awl we resell the tetrgtnda to a variety of tenant% T~">~o"t
1970s, the CamtitY Co» ~ and l~iebt~in~~ ~~ ~ ~~ng ~
rihoused ~c ~ b, Tin tena~.s duringtbat time inchrded the
following types of
full service phtmbm8 and elecodcal comes that. ~ ~ stored ft'ctttres.
~~ ~ its to the puhh~ l
_ ~ ~ ~ such as a dtY~a1 camopanY• as ~ e
service company, and a cabins shop that each stotcd dteiimataials tip
Iwldin8 and oatside, and sold ihe'n wares and componwts
_ ~faae ry and painting
_ a ~~ arts home faroishinSs cotupany that sold and installed pmdneis from
_ ~~, tustallanon, sell ter Y
_ a5tate agency (Depatl~ °f M"~'' Vehicles);
_ a ~~ thaapist and Phys'ctaa+Pr°n~ m~ rehabthtatton and related
•' zreatrnmts ~ e~•
~ for the building [enacts. sell wo also had
othea who reeled on1Yt Yazd spaee• TTY Y~ was used for storage of tntcks. ~
bwboy trailers. trash tsncla. dozers, graders. ~ °~ a%~u~ full storage
welding + iOOh• ~ ~ sttt~ ~~ also cammoalY ~P~
tanks, andotha sitmlartbingr5. Vehicles and equipment
whrle steed in the yard area- A manber of catt>pers and RYs were parked in the Y~
Year r°'md.
was 6eiag
We didn't have say fetning a~ didn't ~'a nor I
used lit this msanabeforethe houses were buz7t ~~ rt-
7
~ we roceived the valiance provisions fromt}u CAUaty, we took measures to ensiue
we compiled with their t
_S~7Q
F~ Beck
Sworn to and .. `f .. t/e~~
~~)
:~ 9F.
/' W~`~'_
J~•.
Notary Public
My commission ~%~ -'
~ dris ~ day of . 2006
~y canmissfon Ekes ~aVeno07
~~
Individual AffdavIt and Statement of Fact as of August ~ 2006.
I hereby state that the following is true:
I own and operate a business that is located close to the Holland Hills Busumess Center.
By way of my business's close proximity to the Holland Hills Business Center, since the
1970s I have personally known the owners of the property, including the building and
adjacent lots, I've known many of the various business tenants; and I have been aware, on
a day-today basis, about the uses and activities at the property and at the time the Pitkin
County Board of Commissioners approved RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF YITKIN COUNTY, COLORADO, EXEMP'T'ING
VARIOUS USES FROM THE ABATEMENT PROVISIONS OF THE PITKIN
COUNTY LAND USE CODE AND GRANTING SPECIAL REVIEW APPROVAL TO
STUTSMAN-GERBAZ (1979 Resolution). I knew Don Hamouz and Eldon Beck
(deceased), who owned Basalt Electric and operated the business out of the property,
which is why it was also commonly known as the Basalt Electric Building.
Basalt Electric never occupied more than a portion of the entire building, and the
remainder was consistently rented to a ve.riety of tenants. Throughout the late 1970s, the
building consistently housed six or seven businesses. The tenants during that time
included the following types of companies:
- full service plumbing and electrical companies that sold and stored fixtures,
supplies, and components to the public;
other builders and subcontractors such as a drywall company, an excavation
service company, and a csbinet shop that each stored their materials within the
building and outside, and sold their wazes and components to the public;
- a knitting factory;
- an automobile ipair and painting company;
- a carpet and home furnishings company that sold and installed products from
their showroom;
- a telephone equipment sales, installation, and repair company,
- a State agency (Department of Motor Vehicles);
- a physical therapist and physician, who provided medical rehabilitation and
related treatments to clients.
Throughout the late 1970s, the yazd was used for storage of trucks, flatbed and lowboy
trailers, hash trucks, dours, graders, and other excavation equipment, loaders, welding
equipment, tools, construction materials such as pipes and lumber, fuel storage tanks, and
other s'unilaz things. Vehicles and equipment were also commonly repaired while stored
in the yard area. A nut~er of campers~RVs were paried in the yard year round.
Sworn to and subscnbed before me this a ay of Au st, 2006
(seal)
~R iyp ~ \ ~-_'~ ~" ~- - L~'r~t-471'
,•'aa..~G~ ~" Notary Public
••~~ My Term To Expire
Ex
My commission expires: May 31. Z
GREEN TREE, LLC
Box 594 Aspen Colorado 81612
~/A~'r y.J C C -rt~tY$ ~ 008
- M?Inl~ ~02 S l~'A•~S
T~A.i~ ,AsP~r~ a ~~i~~~Tl L
December 18, 2009 S~ pT~L a
Mr. Mike Kramer . t WJ$VMf~TIp a oA ~Lr111J~ S 6
Pitkin County Land Use ~l o,
Dear Mr. Kramer,
Pursuant to your recent meeting with Ms. Leslie Newbury and Ms. Cheryl Foerster in
November, the enclosed outlines Green Tree LLC's request for non-conforming use of
Holland Hills Business Center at Basalt, located at 24505 Highway #82, Basalt, Colorado
81621. We are considering leasing approximately 1400 sq. ft. on the second floor, with
first right of refusal for the expansion into adjacent spaces: 850 sq. ft. and 1280 sq.ft. with
double door access, additional office spaces, toilet facilities, street pazking to the reaz of
building and possible handicapped entry.
The Lessees' intended use is primarily as a Wellness Center. This Wellness Center will
provide a variety of homeopathic services and therapies, including message, acupuncture,
physical therapy and rehabilitation, Chinese herbs, Pilates, yoga, and whole body
ultrasonic vibration. We will also have a visiting Doctor on premises 2-3 times per week.
Initially, Green Tree's retail space will be situated in the two spaces at the very front of
the building. This space is accessed by two stairways for aZen-like reception area and
retail store, complete with open azeas for small yoga and Pilates' sessions. We will be
selling body cleansing products, ion water purifiers, homeopathic applications, clothing
and footweaz, and providing fine teas at our International Tea Baz.
Secondarily, we have approvals from the State of Colorado allowing Green Tree, LLC to
provide retail sales of medical marijuana and equipment for its administration. In
addition, we will provide edible medicines, followed by an application to the Federal
Government for non-profit status to make and distribute edibles to existing cancer clinics
for cancer patients throughout the State. Since this business is strictly governed by
(evolving) Colorado legislation, Green Tree, LLC will operate this division within the
confines of State and Federal Law and within the 1179 square feet situated just to the rear
(with common wall) of Green Tree's treatment rooms. This medical marijuana retail area
would be accessed by a separate door and sepazate stairway to its 2nd floor location. For
storage and security purposes, the premises will be under surveillance 24/7 with IP
remote access.
iL /
We greatly appreciate your consideration and will look forwazd to hearing from you at
your eazliest convenience. Please contact either of us by phone at 970.379.9991 (Cheryl)
or 970.948.4220 (Don) or by email to Chervlna.nichemediallc.com or
dcoder2@comcast.net, respectively.
Best wishes for the Holiday Season!
Sincerely,
Green Tree, LLC
Cheryl Foerster
Don C
/3