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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~ .., . 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 o{~ ly , o..M~ ,.~,o.. 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 ~a ,~ T~r~}c~Yj f~'T_ ~~ 7 .. ~ 0 ,~ 0. 00 300 ~ y ~ . ~'' ~ a ,._ .~ F ~\ r '.1~`4 t • r ~ `4 i_~ P - ~ - \~` y, ~ '\ ~ ~ ~ H ~ ~ ~ +~ ~~ c +~r ~ ~~ .~ _ ~ ~ , 7~" r ~. t s, ~ ~ "' "+ r 0 ~} Le end ~ :,, ~ t~^. . ~~ ~~ I~ Roads 'f„+, ~• ~ ~ ~ ~. ~a ~ • • e. • ,. 1' ~ ''~ ' ~s p ~~ r 7 \ ~ ' ~ i~ • i~ ~ ~ ~ .. _ ~.. ~ ~ f ' ~ ~~ r ~.~~'.~ : ~~ ~ ~ ~ ~ 24505 Hwy 82 ~:~ ~ ~` ~,~~ ~ ''~~ ' ' '~-~ ~+ ~ ~ Basalt Electric Building `~ ~~' . 1 .e '~ ~ ~ f1 1. '. .~f 3 ~1 ~ ,~~Q ~~, w ^ '~ ~ _ ,...._.. .~~~,.____ ..... ..... V [ V O a~YO[dld 0[ n:Jh Y.II. Miy lU~ tY .'! Wa'LW mumv. rv. ^~ `~,~ rat~`~` .POD 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. t ~. ~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 1 Fli.E ~r --• 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 , '( v . "` -• ' 1:.. DepotY County Clerk Chairman APPROVED AS TO FORH: a__~,._ ,. .....+..._ W i i' i i I I i i i Fii.F t~tr . 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