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HomeMy WebLinkAboutpitkin.planning.264316400047 (4)1� 1 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: 2643- 16 -4 -00 -047 Application Date: 4/14/11 Case No: P030 -11 Description: Aspen Sports Car Club LLC Appeal of the Denial of Building Permit Planner: Lance Clarke #0019.2010.prbk for a Cellular Facility # Copies: 7 Allocated Hours: 3 Project Address: 550 RACEWAY DR, WOODY CREEK, CO 81656 % Over Hours: 3.6 Property Owner: ASPEN SPORTS CAR CLUB LLC Address: PO BOX 549 WOODY CREEK, CO 81656 Owner Phone: Owner's REP: CHRIS STRYKER REP's Email: ccstryker2 @aol.com Referrals: ZONING REFERRAL Comments Due Date: 06/10/2011 Address PO BOX 1558 DENVER. CO 80201 Other Referrals: REP's Phone: (303) 859 -0344 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: 06/22/2011 Review Body: bocc Public Hearing? yes Notice Date. 05/22/2011 Meeting Notes: Denied Approvals: BOCC Resolution #: 060 -2011 #582088 P &Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination # Other Information: VR Approval Date Plat Recorded Date: VR Expires Date. Plat (Bk, PG): Remarks: no vesting Application Type: Appeal Other RECEPTION #: 582088, 08/1912011 at 01:50:08 PM, 1 OF 3. R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, DENYING THE ASPEN SPORTS CAR CLUB LLC- SPRINT/NEXTEL APPEAL OF THE DENIAL OF BUILDING PERMIT #0019.2010.PRBK FOR A CELLULAR FACILITY AT 550 RACEWAY DRIVE Resolution No.V -2011 RECITALS 1. The Aspen Sports Car Club, LLC and SprinUNextel ( "Appellants ") have appealed the denial of Building Permit #0019.2010.PRBK for a Cellular Facility at 550 Raceway Drive to the Board of County Commissioners of Pitkin County ( "BOCC "). 2. The parcel is located at 550 Raceway Drive, and is more specifically described in Exhibit "A ". PID 42643 -164- 00-047. 3. The parcel contains 45 acres and is a conforming sized parcel in the RS -20 zone district. The lease area contains 1,600 square feet. 4. The Board of County Commissioners granted approval of the Aspen Sports Car Club, LLC Special Review for a Cellular Facility, Activity Envelope and Site Plan with Scenic Protection review pursuant to Resolution No. 078 -2009, after consideration of the application. 5. The BOCC heard the appeal request at a regular meeting on June 22, 2011 at which time, evidence and testimony were presented with respect to this appeal. 6. The BOCC finds that there has not been a clear and demonstrable error, an abuse of discretion or denial of procedural due process in the application of the facts in the record to the standards of the Land Use Code. 7. The BOCC further finds that the Cellular Facility shall meet Land Use Code Section 4- 3040(gx4), which requires the tower to be located a distance of at least 200 feet from the structure which was built as, and remains classified for use as a residence. If the Applicants desire to change the use of the structure, they shall undergo the appropriate change in use process and address the building and safety code issues as necessary. NOW THEREFORE BE IIT RESOLVED by the Pitkin County Board of County Commissioners that it hereby denies the appeal of the denial of Building Permit #0019.2010.PRBK for a Cellular Facility at 550 Raceway Drive. BOCC Resolution No.60 -2011 Page 2 DENIED ON THE 22 DAY OF JUNE, 2011 Jones Clerk to the BOCC APPROVED AS TO FORM: John Ely, County A Case. P 030.11 PIN 2643-164-DO-047 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By Rachel Et Richards, Chairwom Date APPROVED AS TO CONTENT: ire CQ ,jC � cf- Cmdy Houben, Community Development Director 0 . r v WI Mi;1 Legal Description Subdivision: M/B WOODY CREEK Section: 16 Township: 9 Range: 85 THAT PORTION OF THE SE4 OF SEC 16 -9 -85 W CONT 45 ACRES OF LAND MORE OR LESS BK 199 PG 162 SEE DEED IN BK 389 PG 176 PITKIN COUNTY RECORDS BK 456 PG 67 3 RECEPTION #: 582088, 0811912011 at 01:50:08 PM, 1 OF 3, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, DENYING THE ASPEN SPORTS CAR CLUB LLC- SPRINTINEXTEL APPEAL OF THE DENIAL OF BUILDING PERMIT #0019.2010.PRBK FOR A CELLULAR FACILITY AT 550 RACEWAY DRIVE Resolution No.W -2011 RECITALS 1. The Aspen Sports Car Club, LLC and SprintfNextel ( "Appellants ") have appealed the denial of Building Permit #0019.2010.PRBK for a Cellular Facility at 550 Raceway Drive to the Board of County Commissioners of Pitkin County ( "BOCC "). 2. The parcel is located at 550 Raceway Drive, and is more specifically described in Exhibit "A ". PID#2643- 164-00 -047. 3. The parcel contains 45 acres and is a conforming sized parcel in the RS -20 zone district. The lease area contains 1,600 square feet. 4. The Board of County Commissioners granted approval of the Aspen Sports Car Club, LLC Special Review for a Cellular Facility, Activity Envelope and Site Plan with Scenic Protection review pursuant to Resolution No. 078 -2009, after consideration of the application. 5. The BOCC heard the appeal request at a regular meeting on June 22, 2011 at which time, evidence and testimony were presented with respect to this appeal. 6. The BOCC finds that there has not been a clear and demonstrable error, an abuse of discretion or denial of procedural due process in the application of the facts in the record to the standards of the Land Use Code. 7. The BOCC further finds that the Cellular Facility shall meet Land Use Code Section 4- 3040(g)(4), which requires the tower to be located a distance of at least 200 feet from the structure which was built as, and remains classified for use as a residence. If the Applicants desire to change the use of the structure, they shall undergo the appropriate change in use process and address the building and safety code issues as necessary. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it hereby denies the appeal of the denial of Building Permit 40019.2010.PRBK for a Cellular Facility at 550 Raceway Drive. BOCC Resolution No.6 Page 1 DENIED ON THE 22 " DAY OF JUNE, 2011 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ST: By Rachel Et Richards, Chairwom Je a Jones Clerk to a BOCC Date APPROVED AS TO FORM: APPROVED AS TO CONTENT: K- C John Ely, Cmdy Houben, County A Community Development Director Case P 030-11 PIN 2643.164- 00-047 RA . , V Legal Description Subdivision: M/B WOODY CREEK Section: 16 Township: 9 Range: 85 THAT PORTION OF THE SE4 OF SEC 16 -9 -85 W CONT 45 ACRES OF LAND MORE OR LESS BK 199 PG 162 SEE DEED IN BK 389 PG 176 PITKIN COUNTY RECORDS BK 456 PG 67 3 MEMORANDUM TO: Board of County Commissioners Regular Meeting — June 22, 2011 THROUGH: Cindy Hou�b( , e�n, Community Development Director FROM: Lance CljkA , Assistant Director RE: Aspen Sports Car Club, LLC and Sprint/Nextel. — Appeal of Denial of Issuance of Building Permit SUMMARY: The Appellants are appealing the Community Development Department's failure to issue a building permit for a cellular facility at the Woody Creek Racetrack. APPELLANTS: Aspen Sports Car Club, LLC and Sprint/Nextel. REPRESENTATIVE: Chris Stryker, Site Acquisition Specialist LOCATION: 550 Raceway Drive ZONING/LOT SIZE: The lot is zoned RS -20, contains 45 acres, and is conforming in size. The proposed cellular lease area is 1,600 square feet. APPEAL PROCEDURE: Sec. 2 -20 -180 of the Land Use Code provides that someone may appeal a determination pursuant to the Code. The notice of appeal was submitted within 15 working days of the effective date of the decision (the continued refusal by staff to approve a building permit), so the notice of appeal was timely. Pursuant to Section 2- 20- 180(g), the criteria for considering an appeal are as follows: An appeal is not a de novo consideration of the merits of the development application that gave rise to the appeal. The appeal body identified in Table 2 -1 shall only reverse, modify or remand a decision on appeal if it fords that that there has been a clear and demonstrable error, abuse of discretion, or denial of procedural due process in the application of the facts in the record to the standards of this Land Use Code BACKGROUND: The Appellants are once again appealing the Community Development Department's refusal to issue a building permit for a cellular facility at the racetrack. An appeal was made and was denied by the Board in August, 2010. This time the appeal is based on the premise of the Appellants that the building in question is used as a "Club House" which should be considered an allowed use as "an accessory structure with bathing facilities ", therefore Page 1 of 2 000001 4 1 requiring no additional action on the Appellant's part and necessitating the issuance of the permit for the cell tower. The Board will recall (except for Commissioner Inner, who was not on the Board yet) that the staff has refused to issue the permit for the cellular tower because it is within 200' of the "residence" on the property. The structure in question was built as a residence and has never been modified to meet Codes for any other use. It is acknowledged by the Appellants that the structure is not used as a residence and is used as a clubhouse, garage area, work area and storage area. Staff has attempted to explain to the Appellants (see e- mails) that the structure might qualify as an "accessory structure with bathing facilities ", which can be allowed in the zone district subject to "use- specific standards ", but the structure in question has to meet appropriate building codes for the specific use that is contemplated for the "accessory structure" One cannot convert a residential structure to non - residential uses without making appropriate modifications for the new use. This structure was built as a residence. It does not meet building code requirements for a clubhouse, garage /work area. The Appellants have been advised several times to come in and talk with the Building Department about what type of modifications would be required. The Appellants have not availed themselves of this opportunity. RECOMMENDATION: Staff recommends that the BOCC deny the Aspen Sports Car Club /Sprint appeal subject to the attached resolution. ATTACHMENTS: A) Proposed Resolution of Denial of Appeal B) Zoning Officer memo of June 13, 2011 C) E -mail correspondence with Appellant D) Zoning Officer August 25, 2010 memo E) BOCC Resolution No. 110 -2010 F) BOCC Minutes of August 25, 2010 G) Zoning Officer letter of June 17, 2010 to Larry Winnerman 1xxwJcasWappWbocc== spoes = dub.d= 000002 Page 2of2 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, DENYING THE ASPEN SPORTS CAR CLUB LLC- SPRINT/NEXTEL APPEAL OF THE DENIAL OF BUILDING PERMIT #0019.2010.PRBK FOR A CELLULAR FACILITY AT 550 RACEWAY DRIVE Resolution No. -2011 RECITALS 1. The Aspen Sports Car Club, LLC and Sprint/Nextol ( "Appellants ") have appealed the denial of Building Permit #0019.2010.PRBK for a Cellular Facility at 550 Raceway Drive to the Board of County Commissioners of Pitkin County (`BOCC "). 2. The parcel is located at 550 Raceway Drive, and is more specifically described in Exhibit "A". PID#2643- 164-00 -047. 3. The parcel contains 45 acres and is a conforming sized parcel in the RS -20 zone district. The lease area contains 1,600 square feet. 4. The Board of County Commissioners granted approval of the Aspen Sports Car Club, LLC Special Review for a Cellular Facility, Activity Envelope and Site Plan with Scenic Protection review pursuant to Resolution No. 07 &2009, after consideration of the application. 5. The BOCC heard the appeal request at a regular meeting on June 22, 2011 at which time, evidence and testimony were presented with respect to this appeal. 6. The BOCC finds that there has not been a clear and demonstrable error, an abuse of discretion or denial of procedural due process in the application of the facts in the record to the standards of the Land Use Code. 7. The BOCC further finds that the Cellular Facility shall meet Land Use Code Section 4- 30- 40(g)(4), which requires the tower to be located a distance of at least 200 feet from the structure which was built as, and remains classified for use as a residence. If the Applicants desire to change the use of the structure, they shall undergo the appropriate change in use process and address the building and safety code issues as necessary. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it hereby denies the appeal of the denial of Building Permit #0019.2010.PRBK for a Cellular Facility at 550 Raceway Drive. 000003 BOCC Resolution No. _ -2011 Page 2 DENIED ON THE 22 DAY OF JUNE, 2011 ATTEST: Jeanette Jones Clerk to the BOCC APPROVED AS TO FORM: John Ely, County Attorney Case: P 030-11 PMN 2643 - 1644)0-047 BOARD OF COUNTY COMMISSIO OF PITKIN COUNTY, COLORADO By Rachel E. Richards, Chairwoman Date APPROVED AS TO CONTENT: c Cmdy Houben, Community Development Director 000094 , IV I Legal Description Subdivision: MB WOODY CREEK Section: 16 Township: 9 Range: 85 THAT PORTION OF THE SE4 OF SEC 16 -9 -85 W CONT 45 ACRES OF LAND MORE OR LESS BK 199 PG 162 SEE DEED IN BK 389 PG 176 pnydN COUNTY RECORDS BK 456 PG 67 000005 _ 3 MEMORANDUM TO: Lance Clarke, Planning Director FROM: Joanna S. Schaffner, Zoning Officer DATE: June 13, 2011 RE: Aspen Sports Car Club LLC Appeal of Building Permit Application #0019.2010.prbk Which has been Denied by the Zoning Office I have reviewed the above referenced application and offer the following comments: HISTORY: Building Permit Application #0019.2010.prbk for a cellular tower proposed at the Aspen Raceway property was denied in the spring of 2010 because a condition of BOCC resolution 78 -2009 requires that a minimum of 200 feet be maintained between the tower and any residence. The tower is proposed to be located 32 feet from an existing residence on the site. Staff is requiring that the elements that make this structure a "dwelling unit" (the stove and bathing facility) as defined in Chapter 11 of the Land Use Code, be removed and that the existing residential use cease (the structure may remain) before a permit for the cellular tower is issued. If the Appellant wishes to keep the residence, the cell tower must be relocated. Also, the Uses currently contained within the structure (Auto Repair/Residential/ Assembly) require modifications to the existing structure in order to be permitted. The structure was originally approved as a single - family residence. The Appellant has appealed the denial of this permit application previously, and was denied by the BOCC on August 25, 2010 by Resolution number 110 -2010. PRESENT: The appellant now requests that Zoning and Building approve Building Permit application 0019.2010.prbk based on Section 4 -30 -50 of the Land Use Code, "Accessory Structures With Bathing Facilities ". Again, Zoning and Building denied the permit application, this time based on the following considerations: 1. Approval of this structure as an Accessory Structure with Bathing Facility does not alleviate the need to modify the structure to accommodate the commercial uses contained within, ie. IRC separation requirements, et al. The appellant's statements that "this "type" of facility is not required to meet commercial building code standards ", has no 11111. basis. Although not required in Section 4- 30 -50, it is required by our adopted Building Codes. If the appellant wishes to make the necessary modifications/improvements to the structure, Accessory Structure with Bathing Facility may be considered as a Use. 2. Approval of the Use "Accessory Structure with Bathing Facility" is not an appropriate approval for a dwelling unit. The kitchen will still have to be removed in order for the structure to not be considered a "Dwelling Unit" pursuant to Chapter 11, and the residential occupation will still have to cease. 3. A Building Permit is required for any change in Use of the structure from its original approved use of single - family residence. (ie, residential to assembly, residential to auto repair, etc.) Based on the above findings, staff recommends denial of the Appeal for Building Permit 0019.2010.prbk. 000007 ,arj Anne Holcomb - rom: Lance Clarke Sent: Monday, October 04, 2010 3:20 PM To: 'ocstryker2@aol.com' Cc: Joanna Schaffner, Carl Anne Holcomb; 'doug @douglasallen.com'; Tony Fusaro Subject: RE: SprintfAspen Raceway Chris —I guess it isn't getting through clearly to you. I'll try again here. Yes, we have approved accessory structures with bathing facilities built to residential standards because those structures WILL BE USED RESIDENTIALLY. Your proposal is for the racetrack "accessory structure with bathing facility" to be used as a clubhouse, not residentially. THEREFORE, THE STRUCTURE HAS TO MEET BUILDING CODES FOR A CLUBHOUSE USE. That is why I have suggested that you have a builder /architect/ engineer get with the Building Dept. to determine what building modifications would be required. Before we can give the structure any status as an accessory structure with bathing facilities to be used as a clubhouse, it must meet clubhouse building codes. From: cmbyker2 @aol.com [mailto:cmtyker2 @aol.com] Sent: Monday, October 04, 2010 2:50 PM To: Lance Clarke Cc Carl Anne Holcomb; Joanna Schaffner; Tony Fusaro; doug @douglasailen.com Subject: RE: Sprint/Aspen Raceway Lance, Please review the attached Letter of Intent in regards to the change of use status for the proposed SprinUNextel facility located at the Aspen Raceway. I will also provide an original for your records. If you have any questions or require additional information, do not hesitate to call. Thank you, Chris C. Stryker (303) 859 -0344 - - - -- Original Message---- - From: Lance Clarke <Lance.Clarke @co.pitkin.co.us> To: ccstryker2 @aol.com Cc: Cari Anne Holcomb <CmiAnne .Holcomb @co.pitkin.co.us>; Joanna Schaffner <Joanna .Schaffner @co.pitkin.co.us>; Tony Fusaro <Tony.Fusaro @co.pitkin.co.us>; doug @douglasailen.com Sent: Thu, Sep 30, 2010 9:17 am Subject: RE: Sprint/Aspen Raceway No, there is no legal "change of use" that happens until the building modifications are made to accommodate a clubhouse use. What I have said is there is no planning/land use process that will be required if you make the necessary building modifications for a clubhouse. From: gaMftr2*aol.com fmailto@g=ker20aol coml Sent: Wednesday, September 29, 2010 6:08 PM To: Lance Clarke 000048 Cc: Carl Anne Holcomb; 3oanna Schaffner; Tony Fusaro; dougadoualasailen com Subject: RE: Sprint/Aspen Raceway Lance, Thank you for your response, based on our conversation on the 16th, you indicated PMdn County did not require any additional information to complete the change of use as outlined below, has this been completed by the County? Regards, Chris - -- Original Message--- - From: Lance Clarke < Lance Clark To: ccstrvker2aamol.com Cc: Cari Anne Holcomb < CariAnne Holcombna co.pitkin.co.us Joanna Schaffner U oanna .Schaffner @co.pitkin.co.us Tony Fusaro < l'onv Fusaro�a,co.pitkin.co.us dougr?a douglasallen.com Sent: Thu, Sep 16, 2010 10:13 am Subject: RE: Sprint/Aspen Raceway Chris- What I have said is that if you were to consider the "house" to be an "accessory structure with bathing facilities" that could be an allowed use. This was your argument, and we are agreeing that is a possibility. The issue still remains that the building must meet building codes for whatever "accessory use" you will be using the building for. If the accessory use is to be as a clubhouse, the building must meet building code for a clubhouse use. You can't just convert a "house" to a "clubhouse" without making the necessary health and safety building changes. This is the same issue we come up against regardless of what tact is taken to try to change the use of the house to a clubhouse. The best way to determine what these needs would be would be for you or the Club to have an architect or engineer meet with Tony Fusaro of the Building Department to talk specifically about the occupancy use type that you wish to accomplish with the building so it can be determined what the Building Code requirements would be. There really is no other option to convert that house to a clubhouse. This is the conclusion that was reached with the BOCC on August 25. The SOCC indicated its willingness to consider a phased time frame for code improvements. From: ccsbvker2®abl.com fmallto:catrvker2C�aol.coml Sent: Wednesday, September 15, 2010 2:38 PM To: Carl Anne Holcomb; Lance Clarke Subject: RE: Sprint/Aspen Raceway Lance, Thank you for returning my call, based on your voicemail, it is my understanding the "Accessory Structure with Bathing Facility" will satisfy the County on the change of "Use ". Will you please provide details on the process required to complete the change of use. Also, you had mentioned the structure will require upgrades as well. Is this Building Department and/or Zoning Department, I am uncertain of the specific requirements you are referring to. Please feel free to call and discuss. Thank you, Chris C. Stryker (303) 859 -0344 QL s0 ©9 2 A-b64,N.ew,3 -O MEMORANDUM TO: Board of County Commissioners FROM: Joanna S. Schaffner, Zoning Officer THRU: Lance Clarke, Assistant Community Development Director RE: Appeal of Building Permit #0019.2010.prbk for a Cell Tdwer at 550 Raceway Drive Parcel ID#2643 - 164-00 -047 DATE: August 25, 2010 On October 28, 2009, the BOCC granted conditional approval for the Sprint/Nextel — Aspen Sports Car Club, LLC cellular facility in resolution 78 -2009. Pursuant to Section 4- 30- 40(gx4) of the Land Use Code, the tower was conditioned upon Its location being no closer than 200 feet to the nearest residence. Condition #8 of BOCC 78 -2009 states that "The two story structure located thirty -two feet from the Sprint/Nextel lease area (Exhibit C) shall not be utilized as a residential dwelling of any kind without specific approval of Pitkin County. ". In the 2009 application for the communication tower, the structure was identified as an `office ". In fact, the lower level is used as a garage, accessory to the racetrack for car building/repairs. The upper level, however, is believed to contain a residence, as it was originally permitted in 1978 (see Exhibit A), and was so represented in the application for Special Review, granted in 1993 (Exhibit B). Subsequent Annual Reviews do not address the use of this area. At no point has the racetrack sought approval/permit for a change from "residential" to any other use. Also, this structure was assessed as "residential" by the Assessor's Office until the cell tower approval prohibited its use as a residence. No inspection was made by the Assessor's Office to confirm its conversion to anything other than residential. A building permit for the cell tower was submitted on March 18, 2010. Upon review of the building permit for the tower, the zoning officer requested an inspection of the upper level to determine it was not being used as a residence in conformance with resolution 78 -2009 (Exhibit Q. When asked why an inspection of the structure was required, a letter of explanation was sent to Aspen Raceway on June 17, 2010 (see Exhibit D). The letter outlined two options. First to address the cell tower: either abandon the idea of a cell tower at the racetrack, or apply to amend the location of the tower. And second, address the structure / use: remove the elements that make it a residence, evict any tenants, and apply for a Change in Use. 000010 00:JUI 0 -T7.6 SCAN ED 51910 Staff met with representatives of the racetrack as well as the cell tower company on July 5, 2010 to discuss these options. Those present admitted that the upper level contained a "part -time residence" for the racetrack caretaker but agreed that the use could cease, and that the structure could be used as a "club house" for racetrack members. Staff maintains that the residential use must cease before the building permit for the tower can be issued. The use of "clubhouse" requires an amendment to their Special Review approval, Growth Management consideration, and design/construction modifications to the structure for the new "commercial" use as required by our Building codes. Also to be considered are adequacy of water supply, and existing septic conditions. The applicant has requested that staff deny the building permit application for the cell tower, so an appeal can be heard by the BOCC. Their letter of request is attached as Exhibit E. Exhibits: A. Original Building Permit for single - family residence B. Special Review application C. Resolution 78 -2009 D. Letter explaining why permit isn't being issued E. Letter requesting an Appeal to the BOCC. 000011 W jNa A ' 4 0 . e' RECEPTION #: 573653, 09/20/2010 at 02:44:3 PM, 1 of 3, R $0.00 Doc Coda RESOLUTION Janice K. Vos Caudill, Pltkin CouotY' CO RESOLUTION OF THE BOARD OF COUNTY CObf11MMONERS OF PMON COUN'T'Y, COLORADO, DENYING TBE ASPEN SPORTS CAR CLUB LLC-SPRINP/NE%TEL APPEAL OF THE DENIAL OF BUILDING PERMIT # 9019.2010YRBK FOR A CELLULAR FACILITY AT 550 RACEWAY DRIVE Resolation No.L 7010 E RECITALS I. The Aspen Sports Car Club, LLC and Sprint /Ne#el ("Appellants") have appealed the denial of Building Permit #0019.2010.PRBK for a Cellular Facility at 550 Raceway Drive to the Board of County Commissioners of Pitldn Canty (`BOCC'). 2. The parcel is located at 550 Raceway Drive, and is more specifically described in Exhibit °A ". PID#2643- 16440 -047. 3. The parcel contains 45 acres and is conforming sized parcel in the RS -20 zone district The lease area contains 1,600 square feet. 4. The Board of County Commissioners granted approval of the Aspen Sports Car Club, LLC Special Review for a Cellular Facility, Activity Envelope and Site Plan with Scenic Protection review pursuant to Resolution No. 078 -2009, after consideration of the application. 5. The BOCC heard the appeal request at a regular meeting on August 25, 2010 at which time, evidence and testimony were presented with respect to this appeal. 6. The BOCC fords that there has not been a clear and demonstrable error, an abuse of discretion or denial of procedural due process in the application of the facts in the record to the standards of the Land Use Code. 7. The BOCC further finds that the Cellular Facility shall meet Land Use Code Section 4- 30- 40(8)(4), which requires the tower to be located a distance of at least 200 feet from the sWXWM which was built as, and remains classified for use as a residence. If the Applicants desire to change the use of the stntctvre, they shall undergo the appropriate change in use process and address the building and safety code issues as necessary. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it hereby denies the appeal of the denial of Building Permit #W19.2010.PRBK for a Cellular Facility at 550 Raceway Drive. DENIED ON THE 25 DAY OF AUGUST, 2010 000012 • � 1, ID � 4 w BOARD OF COUNTY COMMISSIONERS OF PKKiN COUNTY, COLORADO Lance Clarke proceeded to make the presentation on this item as outlined in the staff memorandum in today's packet material. Sprint is here today with Chris Stryker. The racetrack has Larry Wrinerman and Doug Allen present on their behalf. Condition #8 of BOCC Resolution 78 -2009 states that the two story structure located thirty -two feet from the Sprint/Nextel lease'area shall not be utilized as a residential dwelling of any kind without specific approval of Pitkin County'. The tower was conditioned upon its location being no closer than 200 feet to the nearest residence. In the 2009 application for the tower, the structure was identified as an 'office. In fact, the lower level is used as a garage, accessory to the racetrack for car building and repairs. This structure was assessed as °residential" by the County Assessor's Office until the cell tower approval prohibited its use as a residence. No inspection was made by the Assessor's Office to confirm its conversion to anything other than residential. Residential use of this structure must cease before the building permit for the tower can be issued. The applicant has requested that staff deny the building permit application for the cell tower so an appeal could be heard by the BOCC. Several meetings were held with staff, Larry Wrnnerman, Doug Allen and Chris Stryker to try and come to a satisfactory conclusion. Staff and the applicants, however, were unable to do this. Staff's options at those meetings were as follows: ✓ Find an acceptable location on the property and move the cell tower 200 feet from the residence. (Sprint(Nextel has said that is very difficult to do without impacting the raceway.) ✓ Cease use as a residence and say that it will not be used as a residence and that it will be used as a club house and office. They would have to go through a BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING AUGUST 25, 2010 000013 000021 change of use process. (That would require building modifications and therefore have additional costs associated with firewalls, handicap accessibility, etc.) ✓ Change the Code to eliminate the 200 foot required setback. ✓ Move to Elam property as there is so much going on there and they already have the same kind of backdrop that the racetrack has that makes the cell tower relatively invisible. (The difficulty with that, according to Sprint/Nextel is that Elam wasn't initially receptive as they would have to go through changes with the County and the State). ✓ Co-locate at W /J. The approved tower there has a requirement to allow co- location. (There are, however, concerns from the residents have already been brought forward to the board on the initial tower that is already there). ✓ Vacate the building altogether and close it up. ✓ The only middle ground Mr. Clarke could come up with was to agree to cease the use as a residence and have some kind of time frame for making the improvements. For example, perhaps the firewall between the garage and the building would have to be done within a certain period of time. The board asked to have a copy of BOCC Resolution 93-134 that approved the Operation Plan for the Aspen Raceway for the 1994 Race Season. Ms. Holcomb made copies and submitted them to the board and for the record. A copy of said Resolution is attached to the end of this item's packet material. The question of why it was assessed as residential by the Assessor's Office could not be answered by Mr. Clarice as it must be answered by the Assessor's Office. Speaking on behalf of the racetrack, Mr. Winnerman and Mr. Allen said that this structure has been designated as a Club House since 1993 when it was approved. It has not been used as a residence. The 2 nd floor has bathrooms, a stove and refrigerator (no beds) and is only used to store driver's helmets and suits and allow for changes of clothes. They would agree to never use it as a residence and that no one would ever live in it They asked the board why it can't be called a Club House and leave it at that. The issue for the applicants was the costs associated with any changes suggested by staff. If the structure is not a residence then it has to be something else. Because of this, it would have to be in compliance with the Code. The board's role is to simply approve or deny the appeal. - During discussion, Commissioner asked why itwas called an Chris Stryker responded by saying that they made an assumption and had the architect write the word 'office' on the drawings to represent the building on the lot. Mr. Stryker then brought the board up to speed, since 1997, on the process, of applying and receiving approval for cell towers. BOARD OF COUNTY COMML4SIONERS 9 REGULAR MEETING AUGUST 25, 2010 090014 000022 Further discussion ensued. Commissioner Owsley moved to deny the appeal. Commissioner Richards seconded the motion. NOTE: Commissioner Kay - Clapper said that rather than Just flat out deny this, she would like to add to this denial that it be solved by coming up with a time -frame in a manner to meet the Coda compliance Issues working with Sprint and the Race Club and maybe working with another provider to work out the costs issue. The remainder of the board did not agree. However, this does not negate the applicants' ability to try and remedlate the problem. Chair Newman called the question. Motion passed with Commissioners Newman, Richards, Hatfield and Owsley voting aye and Commissioner Kay - Clapper voting nay as she wanted to give specific direction to staff as noted above In the note to the motion. BOCC OPEN DISCUSSION: There was no discussion. ADJOURNMENT: Commissioner Kay - Clapper moved to enter Executive Session at 2:10 PM for the purpose of discussing personnel pursuant to C.R.S. 246 -402 4 f. Commissioner Hatfield seconded the motion. Motion passed 6 to 0. BOARD OF COUNTY COMMISSIONERS 10 REGULAR MEETING AUGUST 25, 2010 000015 nnnnoQ June 17, 2010 • ASPEN RACEWAY c/o Mr. Lary Winnerman Dear Mr. Winnerman, This letter is to address your inquiry as to why an inspection of the Raceway building is necessary prior to issuance of Permit application #0019.2010.prbk, in which Sprint is seeking to install a cell tower. The Pitkin County building department files indicate that Building Permits were issued in 1978 for a single family residence and in 1994 for a "horse barn ". There are no permits on file for any - Change of Use for either structure. In 1993 the Board of County Commissioner's (BOCC) approved the Aspen Raceway as a Special Review Use, subject to compliance with an Operation Plan (Resolution 93 -134). The application for this approval mentions an existing single - family residence and no plan to change its use. Nor was any mention of a Change in Use made in any of the subsequent Annual Reviews, which serve as an evaluoon of compliance with the Operations Plan. Finally, according to the County Assessor's Office, the Aspen Racetrack has been assessed as "single - family residential". Therefore, I must assume that there still exists a residence at the racetrack. As you are by now aware, cell towers cannot be erected within 200 feet of a residence pursuant to Section 4- 30 -40g4 of the Land Use Code, and BOCC resolution 78 -2009, which granted Sprint conditional approval for a cell tower at the Raceway. Therefore, an inspection by the County to ensure the structure is not a residence is required before the cell tower permit can be issued. R i If the structure contains a residence, the Raceway has two options. The fast is to address the cell tower. either abandon the idea of a cell tower at the Raceway, or apply to amend the location of the tower (ie, more than 200 feet from the residence). The second option is to address the structureluse: remove the elements that make it a residence and evict any tenants. If in fact the structure has been donverted to a "clubhouse" without county review, now is a good time to pursue Clubhouse approval. It is a Use allowed within your zone district and is certainly an appropriate accessory use to the racetrack. However, certain building modifications may have to be made to the structure pursuant to the Building Code to address the new occupancy. Sincerely, /Joanna S. Schaffner Zoning Officer 000016 130 S. Galan Sueet,Third Floor Aspen Colorado 8161 I (970) 920 -5526 fax 920 -5439 TTY 429 -2700 wwwmponpiitkin.com PITKI!! COUNTY PRE - APPLICATION CONFERENCE SUMMARY LOCATION: 550 Raceway Drive, M/B Woody Creek PIDN 2643 - 16400 -047 ZONING: RS -20 APPEAL REPRESENTATIVE: Chris Stryker DATE: November 22, 2010 OWNER: Aspen Sports Car Club LLC PHONE & EMAIL: 303.859.0344 ccstryker2(&aol.com PLANNER: Cari Anne Holcomb 970.920.5092 Type of Application: Appeal of the Denial of Building Permit #0019.2010.PRBK for a Cellular Facility at 550 Raceway Drive. Description of Project/Development: The Applicants are appealing for the second time, the denial of Building Permit #0019.2010.PRBK The first appeal was denied by the BOCC on 8125/10. The Applicant must demonstrate different and new grounds for the second appeal. Land Use Code Sections to be addressed in letter of request (application): Section 2 -20 -180: Appeals Review by: BOCC Public Hearing: YES. The appellant shall mail a notice of the appeal to the applicant and all adjacent land owners, at appellant's expense, pursuant to Sec. 2- 20- 100(b) t least one week before the date of the meeting at which the appeal will be heard by the Board of County Commissioners. FEES: $1,145 (Make check payable to "Pitkin County Treasurer") • Planning Office flat fee: $936 (non - refundable; based on 3 hours of staff time; If staff review time exceeds 3.6 hours, the Applicant will be charged for additional time above 3 hours at a rate of $312/hour) • Public Notice Fee: $54 • Web Tech Fee: $26 • BOCC Clerk Fee: $130 To apply, submit 7 C@D(es of the following inforMation, unless noted otherwise: 1. Written request pursuant to the subsection above; 2. List of all property and mineral estate ownerlt*Oin a 300' radius of the all property lines (1 copy); 3. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees Agreement (1 copyr 4. Copies of this Pre - application Conference Summary form. wool -4 a q PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY ") and (hereinafter "APPLICANT") AGREE AS FOLLC 1. APPLICANT has submitted to COUNTY an application for A mye- Tl -u6ee— T(c[Eca�m.,��sl /c�titcN Aet (hereinafter, the "PROJECT"). 2. APPLICANT understands and agrees that Pkkin County Ordinance No. 30 -2009 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. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and /or Board of County Commissioners to enable the Planning Commission and /or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prig to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ q,3( which is based on3lohours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20 %, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. 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. PITKIN COUNTY Cindy Houben Community Development Director 4 ( "AP LICA ") By: Print Name and Title (if a plicable) Date: // // Mailing Address: .a•4m-x / 53 - V 1�4tiW � ev• Ycizal 000002 :I Site SE ICESL.L.C. December 16, 2010 Pitkin County Department of Community Development - 130 -South Galena Street Aspen, CO. 81611 RE: Aspen Sports Car Club Resolution #078 -2009 PID #2643 - 164 -00 -047 Dear Lance, This letter is to serve as a request to be placed on the neat regularly scheduled BOCC Agenda in order to file for a second appeal of Building Permit #0019.2010.PRBK, fora Cellular Facility at 550 Raceway Drive. Based on inconsistencies within the Pitkin County Community Development, SprinUNeatel has completed all requirements per the Pitkin'County code in order to satisfy all conditions of approval. Per the letter dated September 27, 2010, the Change of Use has been accepted and approved as outlined in the attached e-mail correspondence from Lance Clarke dated Oct. 4'" 2010. Per the Pitkin County Code, I have included the following definitions/uses along with the zoning matrix in order to confirm all requirements have been satisfied. Per Chapter 4: Permitted Uses, 4-20 Permitted Use Table (attached), it clearly identifies "Accessory Structures with Bathing Facility" as an approved use by right under the RS -30/20 zone districts. CHAPTER 4: PERMITTED USES Chapter, 4 established the uses allowed by right and the uses allowed subject to special review, accessory uses, and temporary uses in each zone district. All uses not listed for a zone district are prohibited; except in the B-2 zone district, where uses not listed are allowed by special review. All uses require a development permit. PERMITTED'AND SPECIAL REVIEW USES Table 4-1 lists the uses allowed within all zoning districts. Each of the listed uses is defined in Chapter 11. 4- 1040: EXPLANATION OF TABLE ABBREVIATIONS (a) Allowed By -Right Uses PerMMOa uses are SuDJeCt to all Omer epptcaDle regmaDMIS aI WS Lana Use L Dae, including the use - specific standards set forth in this chapter and the requirements of Chapters 5 and 7. A land use listed as an "A" use in the Primary Use portion of Table 4 -1 cannot be accessory to another, different primary use of land on the same parcel. 0000O3 P.O. Box 1558 • Denver, Colorado 80201 • Direct (303) 859 -0344 • Fax (303) 789 -0114 • Email chds@*ykersiteserviees.com CHAPTER 11: DEFINITIONS: ACCESSORY STRUCTURE WITH BATHING FACILITY means any accessory structure that is not an accessory dwelling and that contains a bathing facility. ACCESSORY USE OR ACCESSORY STRUCTURE means a use or structure that is naturally and normally incidental to, subordinate to, and devoted primarily to the principal use or structure on the land; does not change the basic character of the land use, as determined by its principal use or structure; is subordinate in area, extent and purpose to the principal use or structure served; contributes to the comfort, convenience or necessity of the occupants of the principal use or structure served; and is located on the same lot or contiguous lots under the same ownership as the principal use or structure. In no event shall an accessory use be construed to authorize a use not otherwise permitted in the zone district in which the principal use is located, and in no event shall an accessory use or structure be established prior to the principal use or structure to which it is accessory. Accessory structures shall not be provided with kitchen or bath facilities sufficient to render them suitable for permanent residential occupation, unless approved ursuant to the provisions of this Land Use Code. This Use Category includes uses like, but not limited to, "Arts and Crafts Studio, Accessory," "Bus Stop ", !, "Day Care Home", "Employee Dwelling Unit ", "Home Occupation ", "Satellite Reception Device ", "Solar Energy Collector ", "Temporary Commercial Use ", "Trail", "Water Crossing or Diversion", "Wind Powered Electric Generator", and other uses that the Community Development Director determines belong in this Use Category. Based on the above findings, the existing structure /use would be permitted as an "Accessory Structure With Bathing Facility", this type of facility is not required to meet commercial building code standards. Pitkin County has approved a number of accessory structures; all appear to meet residential code standards. Thank you in advance for your consideration on this matter. If you should have any questions or require additional information, please do not hesitate to call. Sincerel , Chris C. Stryker Site Acquisition Specialist, Stryker Site Services, LLC Consultant for Aspen Sporn Car Club, LLC /Sprint Nextel Voice: (303) 859 -0344 Fax: (303) 789 -0114 E -Mail: ccsyAer2(a),aol.com 000004 CHAPTER 4: PERMITTED USES 4 -20: Permitted Use Table 4- 10 -80: (Code Revised (all sections) by Ord. 014 -D, 2006, 07-05-08; § 4-20 - Table 4.1 (part) amended by Ord. 012 -08, 09. 13.08, Ord. 019 -2009, 06- 24 -09, Ord. 025,10-14-09) Land Use Code PtMn County, Colorado July 2006 Page 11 OOWL, Intended for Rural Areas Intended for Urban Areas TABLE 4 -1: Rural Districts Urban !Suburban Business & PERMITTED USES Residential District Special Purpose RS RR RS RS LI TR TR RS A A S B R R R VR MH AH AH 8 VC P — R R R K- P G 1 35 - 1 2 30 - - 1 1 30 15 6 P 2 1 Use - Use Category/ 6 35 & 10 2 - & U Specific Use Type 0 20 R 1s D Regulations E A § C 16 B (formerly Uses, Activities & Facilities Permitted by Special Use Permit Issued by FederalA enc Accessory & Temporary Accessory Structures A A A A A §4-30- 050(a) with Bathing Facility Agricultural Stand A A A A A A M A A A A A A A M A §4- 30- 050(b) Arts and Crafts Studio, A A A A A A A A A A A A A A A A A A A M A Accesso Building- Mounted Cellular Telephone S S S S S S S S S S S S S S §4- 30- 050(c) Antennae Bus Stop A I A I A A A A A S A A A A I A I A I A A A A A Camping Area A A A M §4- 30 -050(d) Caretaker Dwelling Unit S S S S S S S S S S S S M S §4- 30- 050(e) Club House o S S S S S M S S S S S S M Recreational Buildin Day Care Home A A A A A M A A A A A A A A A A Employee Dwelling Unit S S S S S Isis S S S M S Home Occupation A A A A A A A A Al A A A A A A A A A A M A §4- 30- 050(f) Horse Boarding, A A A A S Accessory Satellite Reception S A A A S S A A A M A A A A A A A A A A M A §4- 30- 050(g) Device Solar Energy Collecto A A A A A A A A A A M A A A A A A A A A A M A §4- 30- 050(h) Temporary Commercial A A A A A A A A M A A A A A A A A A A M A §4- 30- 050(i) Use Trail A A A M A A A A A A A A A A M A Water Crossing o S S S M S S S S S S S S S S M S Diversion Wind Powered Electri JAA S MAJAIAJAIA M S M §4- 30.050(j) Generato Micro Hydro Eledri S S S S S S S S S S S S S S S S §4- 30- 050(k) Ener S stem Snow Storage /Dumping S S S S S S S S S S S S S S S S 1 §4- 30- 050(1) Truckin (Code Revised (all sections) by Ord. 014 -D, 2006, 07-05-08; § 4-20 - Table 4.1 (part) amended by Ord. 012 -08, 09. 13.08, Ord. 019 -2009, 06- 24 -09, Ord. 025,10-14-09) Land Use Code PtMn County, Colorado July 2006 Page 11 OOWL, .00 7S 000606) R015409 & R014323 R003161 R011167 PITKIN COUNTY WOODY CREEK DEV CO ELAM CONSTRUCTION INC 530 E MAIN ST #302 68042 ND ST /FRED HARTMEISTER ATTN:PROPERTY TAX DEPT ASPEN CO 81611 LUBBOCK TX 79416 556 STRUTHERS AV GIRD JUNCT CO 81501 R003137 MELBERG THOMAS A & MARILYN S PO BOX 630 ASPEN CO 81612 R013834 WHITE STAR RANCHES HOA C/O OATES & GARDENSWARTS/D KELLY 533 E HOPKINS AVE 3' ASPEN CO 81611 R019242 CRAIG KATHLEEN 49 MCGEE RD GREAT BARRINGTON MA 01230 000007 PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY LOCATION: 550 Raceway Drive, M/B Woody Creek PIO# 2643 - 16400 -047 ZONING: RS -20 OWNER: Aspen Sports Car Club LLC APPEAL REPRESENTATIVE: Chris Stryker PHONE & EMAIL: 303.859.0344 ccstrvker2(Z0aol. com DATE: November 22, 2010 PLANNER: Cad Anne Holcomb 970.920.5092 Type of Application: Appeal of the Denial of Building Permit #0019.2010.PRBK for a Cellular Facility at 550 Raceway Drive. Description of Project(Development: The Applicants are appealing for the second time, the denial of Building Permit #0019.2010.PRBK. The first appeal was denied by the BOCC on 8/25/10. The Applicant must demonstrate different and new grounds for the second appeal. Land Use Code Sections to be addressed in letter of request (application): Section 2 -20 -180: Appeals Review by: BOCC Public Hearing: YES. The appellant shall mail a notice of the appeal to the applicant and all adjacent land owners, at appellant's expense, pursuant to Sec. 2- 20- 100(b) t least one week before the date of the meeting at which the appeal will be heard by the Board of County Commissioners. FEES: $1,145 (Make check payable to "Pitkin County Treasurer") • Planning Office flat fee: $936 (non - refundable; based on 3 hours of staff time; if staff review time exceeds 3.6 hours, the Applicant will be charged for additional time above 3 hours at a rate of $312/hour) • Public Notice Fee: $54 • Web Tech Fee: $25 • BOCC Clerk Fee: $130 To apply, submit 7 copies of the following information, unless noted otherwise: 1. Written request pursuant to the subsection above; 2. List of all property and mineral estate owners within a 300' radius of the all property lines (1 copy); 3. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees Agreement (1 copy); 4. Copies of this Pre - application Conference Summary form. AOL Mail - Print Message Page 1 of 4 From: Lance Clarke <Lance.Clarke @co.pitkin.co.us> To: ccstryker2@aol.com Cc: Joanna Schaffner Uoanna .Schaffner @co.pitkin.co.us>; Cari Anne Holcomb <CariAnne .Holcomb @co.pitkin.co.us>; Tony Fusaro Q ony.Fusaro@co.pitkin.co.us>; doug @douglasallen.com Subject: RE: Sprint/Aspen Raceway Date: Fri, 22 Oct 2010 12:19 pm The way for you to be placed on the BOCC agenda is for you to make a formal appeal of the failure of Pitkin County to issue a building permit for the cell tower. If that is what you wish to do I will ask Carl Anne to prepare a preapplication summary sheet for you. You have already appealed to the BOCC once. To appeal again will require that you have different and new grounds for your appeal. From: catryker2Cataol.com rmailto:ccstryker2Calaol.com Sent: Wednesday, October 20, 2010 11:09 AM To: Lance Clarke Cc: Joanna Schaffner; Cad Anne Holcomb; dougOdouglasallen.com Tony Fusaro Subject: RE: Sprint/Aspen Raceway Lance, Based on the below response, I am requesting to be placed on the next regularly scheduled BOCC agenda. Please call with questions. Thank you, Chris C. Stryker (303) 859 -0344 -- Original Message--- - From: Lance Clarke < Lance.Clarke@co.pitkin.co.us > To: ecstiyker2@Nl.com Cc: Joanna Schaf&►er U oanna .Schaffner@co.pitkin.co.us >; Cari Anne Holcomb < CariAnne .Holcomb@co.pitkin.co.us >; doug@douglasallen.com Tony Fusaro < Tony.Fusaro e co.pitkin.co.us Sent: Mon, Oct 4, 2010 3:19 pm Subject: RE: Sprint/Aspen Raceway Chris - -I guess it isn't getting through clearly to you. I'll try again here. Yes, we have approved accessory structures with bathing facilities built to residential standards because those structures WILL BE USED RESIDENTIALLY. Your proposal is for the racetrack "accessory structure with bathing facility" to be used as a clubhouse, not residentially. THEREFORE, THE STRUCTURE HAS TO MEET BUILDING CODES FOR A CLUBHOUSE USE. That is why I have suggested that you have a builder /architect/ engineer get with the Building Dept. to determine what building modifications would be required. Before we can give the structure any status as an accessory structure with bathing facilities to be used as a clubhouse, it must meet clubhouse building codes. http: / /nmil.aol.com/32992- 211 /aol- 1 /en -us/ Lite/ PrintMessage .aspx?user— zpJ642pFTy &fo... 12/15/2010 11111' AOL Mail - Print Message Page 2 of 4 From: ccstryker2 @aol.com rmailtoxaftker2@aol.com Sent: Monday, October 04, 2010 2:50 PM To: Lance Clarke Cc: Carl Anne Holcomb; Joanna Schaffner; Tony Fusaro; doug @douglasallen.com Subject: RE: Sprint/Aspen Raceway Lance, Please review the attached Letter of Intent in regards to the change of use status for the proposed Sphnt/Nextel facility located at the Aspen Raceway. I will also provide an original for your records. If you have any questions or require additional information, do not hesitate to call. Thank you, Chris C. Stryker (303) 859 -0344 - - - -- Original Message---- - From: Lance Clarke < Lance.Clarke@co.pitkip.co.us > To: ccstrvker2@aol.com Cc: Cari Anne Holcomb < CariAnne .Holcomb@co.pitkin.co.us Joanna Schaffner U oatma .Schaffner@co.pitkin.co.us Tony Fusaro < I'ony.Fusaro@co.pitkin.co.us >; doug@a.douglasallen.com Sent: Thu, Sep 30, 2010 9:17 am Subject: RE: Sprint/Aspen Raceway No, there is no legal "change of use" that happens until the building modifications are made to accommodate a clubhouse use. What I have said is there is no planning/land use process that will be required if you make the necessary building modifications for a clubhouse. From: gmbyker2 @aol.com rmailto:ccstryker2@aol.com Sent: Wednesday, September 29, 2010 6:08 PM To: Lance Clarke Cc: Carl Anne Holcomb; Joanna Schaffner; Tony Fusaro; dou do uglasallen.com Subject: RE: Sprint/Aspen Raceway Lance, Thank you for your response, based on our conversation on the 16th, you indicated Pitkin County did not require any additional information to complete the change of use as outlined below, has this been completed by the County? - -Regard -- - - -- - -- - Chris - - - -- Original Message---- - From: Lance Clarke < Lance.Clarkel7g co.pitkin.co.us To: ccstryker2@aol.com Cc: Cari Anne Holcomb < CariAnne .Holcomb@r—o.pitkin.co.us >; Joanna Schaffner < Joanna .Schaffner@co.pitkin.co.us >; Tony Fusaro < T ny.Fusaro Fusaro@.co.Aitkin.co.us doug@douglasallen.com Sent: Thu, Sep 16, 2010 10:13 am http: / /mail.aol.com/32992 -211 /aol- 1 /en -us/ Lite/ PrintMessage .aspx?user= zpJ642pFTy &fo... 12/15/2010 000010 AOL Mail - Print Message Subject: RE: Sprint/Aspen Raceway Page 3 of 4 Chris- What I have said is that if you were to consider the "house" to be an "accessory structure with bathing facilities" that could be an allowed use. This was your argument, and we are agreeing that is a possibility. The issue still remains that the building must meet building codes for whatever "accessory use" you will be using the building for. If the accessory use is to be as a clubhouse, the building must meet building code for a clubhouse use. You can't just convert a "house" to a "clubhouse" without making the necessary health and safety building changes. This is the same issue we come up against regardless of what tact is taken to try to change the use of the house to a clubhouse. The best way to determine what these needs would be would be for you or the Club to have an architect or engineer meet with Tony Fusaro of the Building Department to talk specifically about the occupancy use type that you wish to accomplish with the building so it can be determined what the Building Code requirements would be. There really is no other option to convert that house to a clubhouse. This is the conclusion that was reached with the BOCC on August 25. The BOCC indicated its willingness to consider a phased time frame for code improvements. From: ctryker2Oaol.com 1maiIto:ccstrvker20aol.com Sent: Wednesday, September 15, 2010 2:38 PM To: Cad Anne Holcomb; lance Clarke Subject: RE: Sprint/Aspen Raceway Lance, Thank you for returning my call, based on your voicemail, it is my understanding the "Accessory Structure with Bathing Facility" will satisfy the County on the change of "Use ". Will you please provide details on the process required to complete the change of use. Also, you had mentioned the structure will require upgrades as well. Is this Building Department and/or Zoning Department, I am uncertain of the specific requirements you are referring to. Please feel free to call and discuss. Thank you, Chris C. Stryker (303) 859 -0344 Email secured by Check Point Email secured by Check Point Email secured by Check Point http: / /mail.aol.com/32992 -211 /aol -1 /en -us/ Lite/ PrintMessage .aspx?user=zpJ642pFTy &fo... 12/15/2010 000011 MEMORANDUM TO: Board of County Commissioners FROM: Joanna S. Schaffner, Zoning Officer THRU: Lance Clarke, Assistant Community Development Director RE: Appeal of Building Permit #0019.2010.prbk for a Cell Tdwer at 550 Raceway Drive ParcelID#2643- 164 -00 -047 DATE: August 25, 2010 On October 28, 2009, the BOCC granted conditional approval for the Sprint/Nextel - Aspen Sports Car Club, LLC cellular facility in resolution 78 -2009. Pursuant to Section 4- 3040(g)(4) of the Land Use Code, the tower was conditioned upon its location being no closer than 200 feet to the nearest residence. Condition #8 of BOCC 78 -2009 states that "The two story structure located thirty-two feet from the Sprint/Nextel lease area (Exhibit C) shall not be utilized as a residential dwelling of any kind without specific approval of Pitkin County.". In the 2009 application for the communication tower, the structure was identified as an `office". In fact, the lower level is used as a garage, accessory to the racetrack for cat building/repairs. The upper level, however, is believed to contain a residence, as it was originally permitted in 1978 (see Exhibit A), and was so represented in the application for Special Review, granted in 1993 (Exhibit B). Subsequent Annual Reviews do not address the use of this area. At no point has the racetrack sought approval/pemtit for a change from "residential" to any other use. Also, this structure was assessed as "residential" by the Assessor's Office until the cell tower approval prohibited its use as a residence. No inspection was made by the Assessor's Office to confirm its conversion to anything other than residential. A building permit for the cell tower was submitted on March 18, 2010. Upon review of the building permit for the tower, the zoning officer requested an inspection of the upper - -,- - — levdto - deternihwitwas - rat: - being - agedw conformance widrresolution - - - - -- 78 -2009 (Exhibit Q. When asked why an inspection of the structure was required, a letter of explanation was sent to Aspen Raceway on June 17, 2010 (see Exhibit D). The letter outlined two options. First to address the cell tower: either abandon the idea of a cell tower at the racetrack, or apply to amend the location of the tower. And second, address the structure / use: remove the elements that make it a residence, evict any tenants, and apply for a Change in Use. D000,12 Staff met with representatives of the racetrack as well as the cell tower company on July 5, 2010 to discuss these options. Those present admitted that the upper level contained a "part-time residence" for the racetrack caretaker but agreed that the use could cease, and that the structure could be used as a "club house" for racetrack members. Staff maintains that the residential use must cease before the building permit for the tower can be issued. The use of "clubhouse" requ an amendment to their Special Review approval, Growth Management consideration, and design/construction modifications to the structure for the new "commercial" use as required by our Building codes. Also to be considered are adequacy of water supply, and existing septic conditions. The applicant has requested that staff deny the building permit application for the cell tower, so an appeal can be heard by the BOCC. Their letter of request is attached as Exhibit E. Exhibits: A. Original Building Permit for single - family residence B. Special Review application C. Resolution 78 -2009 D. Letter explaining why permit isn't being issued E. Letter requesting an Appeal to the BOCC. 000013 MINUTES BOARD OF COUNTY COMMISSIONERS REGULAR MEETING AUGUST 25.2010 (ASPEN FIRE DEPARTMENT MEETING ROOM) NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR AUGUST 25, 2010. CALL TO ORDER: Chairman George Newman called the Board of County Commissioners Regular Meeting to order at 12:00 PM. COUNTY COMMISSION MEMBERS PRESENT: George Newman, Rachel Richards, Patti Kay - Clapper, Jack Hatfield and Michael Owsley COMMISSION MEMBERS ABSENT: None ADDITIONS /DELETIONS TO THE AGENDA: County Manager, Hilary Fletcher, had two additions to today's agenda. The first addition was a one read Resolution to be added to the Consent Agenda portion supporting a Grant Application for a local Parks and Outdoor Recreation Grant from the State Board of the Great Outdoors Colorado Trust fund for the Pitkin County River Park. The second was the addition of an Executive Session to the end of today's agenda. PUBLIC COMMENT Jim Ward approached the board for public comment. He informed them that he was at the Highlands watching pe so le com and go to the Maroon Bells the othe day ate____. there was some information posted on wildeess. He suggested that the board ride the bus up to the Bells and experience what our visitors are experiencing. He read one of the posters aloud. It read, "The real significance of wilderness is a cultural matter. It is far more than hunting, fishing, hiking and camping or canoeing. It has to do with the human spiriC - Sigrid F. Olsen ". Mr. Ward said that he is a long time supporter of the Hidden Gems program. He worked with those three ladies back in the late 60's and early 70's creating wilderness. He understands that there may be a meeting in BOARD OF COUNTY COM[ IISSIONERS 1 REGULAR MEETING AUGUST 25, 2010 000014 September talking about the Gem's program and he might not be in town so he thought he would give the board his two cents' worth now. He went on to talk about wilderness for the whole country and not just Pitkin County and how important wilderness areas were. He also spoke to the board regarding the Entrance to Aspen. His suggestion for the boards' homework was the following. He suggested that they stand on the bridge by the Chapel over Castle Creek and observe the traffic in the morning to see what he called the inefficiency of the traffic light on Cemetery Lane. He is against the straight shot with a traffic light at the Hickory House. His choice is keeping the °S° curves as they are Aspen and have been here forever. COMMISSIONER COMMENT: Commissioner Kay- Clapper related her return trip from California noting the beautiful desert scenery and how she was detained due to the recent mudslides. She thanked the Sheriffs deputies, ambulance personnel and the Carbondale Fire Department for the work on these slides and CDOT for so quickly opening the roadways. Commissioner Hatfield thanked Jim Ward for his comments about wilderness. He told Mr. Ward that in the future, with regard to letters on wilderness, he, personally, would really appreciate getting letters to the board from individuals rather than form letters. Commissioner Richards spoke regarding Mr. Ward's comments. She said that she noticed in the paper yesterday that three of the previous Directors of the Forest Service were recommending approval of new wilderness designation for six very large areas along the Front Range of Montana's Rocky Mountains. She said that she thinks an omnibus lands bill is coming forward this fall and we're seeing a lot of momentum in a lot of communities to protect their heritage. Commissioner Richards also addressed the Afghanistan/Iraqi war. She asked for a Moment of Silence to honor the sacrifices made by our military personnel and their families. Chair Newman spoke to the acquisition of the Droste property which is coming up on today's agenda. He thanked the Town Council of Snowmass Village for stepping up to the table on this very important purchase. CONSENT ACTIONS: BOARD OF COUNTY COMML48IONERS 2 REGULAR MEETING AUGUST 25, 2010 ;;xO015 R004048) — MOTION TO APPROVE STAFF: LARRY FITE, ASSESSOR'S OFFICE Commissioner Hatfield moved to approve the items under Consent Actions. Commissioner Owsley seconded the motion. Commissioner Richards asked if the motions could be separated as she did not want to vote on the minutes as she was not present for them. Therefore, Commissioner Hatfield and Commissioner Owsley withdrew their original motion and Commissioner Hatfield moved to approve only the minutes. Commissioner - Owslep$econded ttis motions: Motion — od— with - Cha f Newman and Commissioners Kay - Clapper, Commissioner Hatfield and Commissioner Owsley voting aye and Commissioner Richards abstaining. Commissioner Hatfield then moved to approve items 2 and 3, the Assessor approved Abatements and the GOCO application grant under Consent Actions. Commissioner Richards seconded the motion. Motion passed 5 to 0. BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING AUGUST 25, 2010 000016 STAFF: LARRY FITE, ASSESSOR'S OFFICE CONSENT ACTIONS —1 READINGS. SET FOR PUBLIC HEARING ON SEPTEMBER 8. 2010: Commissioner Kay - Clapper pulled this Resolution for further discussion Questions from the board were answered by Mr. Hoffman, Energy Program Manager and Nathan Rutledge of CORE. Commissioner Kay - Clapper spoke to this year's AREday festivities on the mall and what a great turnout there was from both locals and tourists. She asked if some of their $5,000.00 award money could be used toward next year's local event to further help educate the public. She added that it would be nice if ECOFest could be brought in to share in the 2011 event with AREday. Mr. Rutledge said that maybe this could come out of CORE'S board direction. As long as the money is approved we can probably create that structure in the Grant Approval letter. DIRECTION TO STAFF — Commissioner Richards would like to see the overall budget and remaining funds brought to the meeting for second reading. Commissioner Kay - Clapper moved to approve this Resolution Authorizing Spending Funds Generated through the Renewable Energy Mitigation Program on first reading and set second reading and public hearing to September 8, 2010. Commissioner Hatfield seconded the motion. Motion passed 5 to 0. — Questions fronrthe - board were answered John Redmond, - Finance - Hilary _ Fletcher, County Manager and Dale Will, Director of Open Space. Commissioner Hatfield questioned an item on page 4 of the draft Resolution under Attorney. It was the funding of the Woody Creek Subdivision (Metro District formation) for $100,000.00. He said that he thought the board had actually allocated $50,000.00. BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING AUGUST 25, 2010 000017 HEARING TO SEPTEMBER 8.2010 STAFF: JOHN REDMOND AND SUSAN ATWOOD County Attorney John Ely informed the board that his recollection was that $100,000.00 was discussed, but he was authorized to do $50,000.00. Ms. Fletcher added that Mr. Ely is correct that he was authorized $50,000.00, but they talked that it could go that high and that he would have to come back to the board for further expenditure. Commissioner Hatfield's personal preference is to stick to the $50,000.00. Further discussion ensued with the rest of the board. After input from the Commissioners, the following motion was made due to the other board members wanting to leave the 100,000.00 dollar amount in there at this time. Commissioner Richards moved to approve the first reading of the Resolution Authorizing Spending Funds Generated through the Renewable Energy Mitigation Program. Commissioner Kay- Clapper seconded the motion. Motion passed with Chair Newman and Commissioner Kay - Clapper, Commissioner Hatfield and Commissioner Owsley voting aye and Commissioner Hatfield abstaining due to the Woody Creek Metro District formation portion. CONSENT PUBLIC HEARINGS — 2 ND READING: Chair Newman opened the hearing to public comment. There being none, he closed the public hearing. Comments from the board were made on this important acquisition. BOARD OF COUNTY CONEWSSIONERS 5 REGULAR MEETING AUGUST 25, 2010 000018 DIRECTION TO STAFF - Commissioner Richards made the following comment: as the Droste property crosses several jurisdictions. She would like Mr. Will to check with the County Attorney's office about the Open Space Board doing open houses since there is a ballot question that is going to be set in Snowmass. We're not having one, but she wants to make sure that the whole "no government funds expended" is very carefully adhered to. Commissioner Hatfield said that Mr. Will mentioned that there was a survey or study in Glenwood about the benefit of the trail along the Colorado River, the bike path. Mr. Will said that those numbers came from questionnaires that lodging guests are invited to fill out for the Glenwood Chamber of Commerce. He will try to get his hands on the actual report. DIRECTION TO STAFF — Commissioner Hatfield would like Mr. Will to email him that report so that he can forward it to the Town Council in Snowmass Village. Commissioner Kay - Clapper moved to approve the Ordinance Authorizing Phased Option Contract for Droste Property Acquisitions. Commissioner Richards seconded the motion. Motion passed 5 to 0. APPLICANT: SW Enterprises, LLC a/k/a Emma Farms, LLC (Tom Waldeck and Steve Waldeck) APPLICANTS' REPRESENTATIVE: Doug Pratte REQUEST: The applicant is requesting to designate the Queen Anne farm house, shed roof log house and shed to the Historic Register, and as an incentive for the designation, to obtain three TDRs. Chair Newman opened the hearing to public comment. There being none, he closed the public comment and called for a motion. Commissioner Richards moved to continue this item to September 8, 2010 at the request of the applicant Commissioner Owsley seconded the motion. Motion passed with Chair Newman and Commissioner Richards, Commissioner Hatfield BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING AUGUST 25, 2010 000019 LAND USE CONSENT PUBLIC HEARING: and Commissioner Owsley voting aye and Commissioner stay- Clapper out of the meeting room during the reading and voting of this item. LAND USE PUBLIC HEARING: APPLICANT: Daniel Delano SUMMARY: The applicant is requesting to establish an Activity Envelope and obtain Site Plan review approval to construct an approximately 1,700 square foot addition to the existing single - family residence. The Community Development Director has opted to forward this application to the BOCC for consideration, since staff and the applicant disagree as to the growth management status of the parcel. Staff prepared a pre- application summary that was then updated in January of 2010 as the applicant prepared to submit his application. Staff did not contemplate at that time the growth management implications of the expansion, given the multiple dwellings on the property. Staff only recognized growth management as an issue when their review of the application was nearing completion. The BOCC continued the application to today in order to give the applicant an opportunity to meet with the Aspen Valley Land Trust to determine if a 35 -acre parcel could be created around the cabin utilizing land encumbered by a conservation easement. The applicant has not been able to reach an agreement with AVLT. The applicant notified staff that he will accept a conditional approval that requires special review approval to utilize TDRs or a growth management allotment for additional floor area. Staff has also agreed that an option would be to submit a PUD application to establish a separate lot around each of the six dwelling units on the parcel. Suzanne Wolff proceeded with her presentation as mirrored In her staff memorandum and as shown above. Since there Is no longer a disagreement between staff and the applicant, staff will finalize the application administrativel via approval of an Adminisha ve - Therefo — no acUon i the BOCC Is required on this item. LAND USE ACTION: BOARD OF COUNTY COMhIISSIONERS 7 REGULAR MEETING AUGUST 25, 2010 000020 Lance Clarke proceeded to make the presentation on this item as outlined in the staff memorandum in today's packet material. Sprint is here today with Chris Stryker. The racetrack has Larry Winnerman and Doug Allen present on their behalf. Condition #8 of BOCC Resolution 78 -2009 states that "the two story structure located thirty-two feet from the Sprint/Nextel lease area shall not be utilized as a residential dwelling of any kind without specific approval of Pitkin County". The tower was conditioned upon its location being no closer than 200 feet to the nearest residence. In the 2009 application for the tower, the structure was identified as an "office". In fact, the lower level is used as a garage, accessory to the racetrack for car building and repairs. This structure was assessed as "residential" by the County Assessor's Office until the cell tower approval prohibited its use as a residence. No inspection was made by the Assessor's Office to confirm its conversion to anything other than residential. Residential use of this structure must cease before the building permit for the tower can be issued. The applicant has requested that staff deny the building permit application for the cell tower so an appeal could be heard by the BOCC. Several meetings were held with staff, Larry Winnerman, Doug Allen and Chris Stryker to try and come to a satisfactory conclusion. Staff and the applicants, however, were unable to do this. Staffs options at those meetings were as follows: ✓ Find an acceptable location on the property and move the cell tower 200 feet from the residence. (Sprint(Nextel has said that is very difficult to do without impacting the raceway.) ✓ Cease use as a residence and say that it will not be used as a residence and that it will be used as a club house and office. They would have to go through a BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING AUGUST 25, 2010 000021 change of use process. (That would require building modifications and therefore have additional costs associated with firewalls, handicap accessibility, etc.) ✓ Change the Code to eliminate the 200 foot required setback. ✓ Move to Elam property as there is so much going on there and they already have the same kind of backdrop that the racetrack has that makes the cell tower relatively invisible. (The difficulty with that, according to Sprint/Nextel is that Elam wasn't initially receptive as they would have to go through changes with the County and the State). ✓ Co4ocate at W /J. The approved tower there has a requirement to allow co- location. (There are, however, concerns from the residents have already been brought forward to the board on the initial tower that is already there). ✓ Vacate the building altogether and close it up. ✓ The only middle ground Mr. Clarke could come up with was to agree to cease the use as a residence and have some kind of time frame for making the improvements. For example, perhaps the firewall between the garage and the building would have to be done within a certain period of time. The board asked to have a copy of BOCC Resolution 93-134 that approved the Operation Plan for the Aspen Raceway for the 1994 Race Season. Ms. Holcomb made copies and submitted them to the board and for the record. A copy of said Resolution is attached to the end of this item's packet material. The question of why it was assessed as residential by the Assessor's Office could not be answered by Mr. Clarke as it must be answered by the Assessor's Office. Speaking on behalf of the racetrack, Mr. Winnerman and Mr. Allen said that this structure has been designated as a Club House since 1993 when it was approved. It has not been used as a residence. The 2 n° floor has bathrooms, a stove and refrigerator (no beds) and is only used to store driver's helmets and suits and allow for changes of clothes. They would agree to never use it as a residence and that no one would ever live in it. They asked the board why it can't be called a Club House and leave it at that. The issue for the applicants was the costs associated with any changes suggested by staff. If the structure is not a residence then it has to be something else. Because of this, it would have to be in compliance with the Code. The board's role is to simply approve or deny the appeal. - - During - discussion, Commissioner asked It was called an - - - -- Chris Stryker responded by saying that they made an assumption and had the architect write the word "office" on the drawings to represent the building on the lot. Mr. Stryker then brought the board up to speed, since 1997, on the process of applying and receiving approval for cell towers. BOARD OF COUNTY COMhIISSIONERS 9 REGULAR MEETING AUGUST 25, 2010 000022 Further discussion ensued. Commissioner Owsley moved to deny the appeal. Commissioner Richards seconded the motion. NOTE: Commissioner Kay - Clapper said that rather than just flat out deny this, she would like to add to this denial that it be solved by coming up with a time -frame in a manner to most the Code compliance issues working with Sprint and the Race Club and maybe working with another provider to work out the costs Issue. The remainder of the board did not agree. However, this does not negate the applicants' ability to try and remediate the problem. Chair Newman called the question. Motion passed with Commissioners Newman, Richards, Hatfield and Owsley voting aye and Commissioner Kay - Clapper voting nay as she wanted to give specific direction to staff as noted above in the note to the motion. BOCC OPEN DISCUSSION: There was no discussion. ADJOURNMENT: Commissioner Kay - Clapper moved to enter Executive Session at 2:10 PM for the purpose of discussing personnel pursuant to C.R.S. 24 -6-402 4 f. Commissioner Hatfield seconded the motion. Motion passed 5 to 0. BOARD OF COUNTY COMMISSIONERS 10 REGULAR MEETING AUGUST 25, 2010 Hann Respectfully submitted, Lyndee R. Dean Clerk to the Board of County Commissioners Jeanette Jones Clerk to the Board of County Commissioners George Newman Chair of the Board of County Commissioners John Ely County Attorney The above signed attorney, representing the Board and being present at the executive sessions, attests that the subject of the unrecorded portions of the sessions constituted confidential attomey - client communication. g%boccVninutes%2010%08252010 BOARD OF COUNTY COMMISSIONERS 11 REGULAR MEETING AUGUST 25, 2010 000024 PUBLIC NOTICE RE: Aspen Sports Car Club LLC Appeal of the Denial of Building Permit #0019.2010.prbk for a Cellular Facility (CASE# P030 -11; PID 2643 - 164 -00 -047) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, June 22, 2011 at a regular meeting to begin at 12:00 PM or as soon thereafter as the conduct of business allows, before the Board of County Commissioners, Plaza One Conference Room, 530 East Main Street, Aspen to consider an application submitted by Aspen Sports Car Club LLC PO Box #549, Woody Creek, CO 81656) requesting Appeal of the denial of Building Permit #0019.2010.prbk for a Cellular Facility at 550 Raceway Drive. The property is located at 550 Raceway Drive and is legally described as as parcel of land located in Section 16, Township 9 South, Range 85 West of the 6 P.M. The State Parcel Identification for this property is 2643 - 164 -00 -047. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. For fiuther information, contact Cari Anne Holcomb at (970) 920 -5092. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on May 22, 2011 i i u c E CL 0 m d ❑ 'c E � '- o�0 U M O i t =m0 0OU c�� Y O O. a�Q w / Cc ni ir Ln .A O O ' O �- C _ M1 O O _ a �ETUEtt18ECEIPT ��r1UE� - ran = 0 c, Q / i U c/ /O QWONO •d_1W Y /o N U 10 [ \I o��jU o U !a j W C co N o CL ate¢ it3 W MM o O W� 4 ZQ 7E c E CL 0 m d ❑ 'c E � '- o�0 U M O i t =m0 0OU c�� Y O O. a�Q w / S"ker Site SERV ICESLI-C. December 16, 2010 Pitkin County Department of Community Development 130 South Galena Street Aspen, CO. 81611 RE: Aspen Sports Car Club Resolution #078 -2009 PID #2643 - 164 -00 -047 Dear Lance, This letter is to serve as a request to be placed on the next regularly scheduled BOCC Agenda in order to file for a second appeal of Building Permit #0019.2010.PRBK, for a Cellular Facility at 550 Raceway Drive. Based on inconsistencies within the Pitkin County Community Development, Sprint/Nextel has completed all requirements per the Pitkin County code in order to satisfy all conditions of approval. Per the letter dated September 27, 2010, the Change of Use has been accepted and approved as outlined in the attached e-mail correspondence from Lance Clarke dated Oct. 4' 2010. Per the Pitkin County Code, I have included the following definitions/uses along with the zoning matrix in order to confirm all requirements have been satisfied. Per Chapter 4: Permitted Uses, 4-20 Permitted Use Table (attached), it clearly identifies "Accessory Structures with Bathing Facility' as an approved use by right under the RS -30/20 zone districts. CHAPTER 4: PERMITTED USES Chapter 4 established the uses allowed by right and the uses allowed subject to special review, accessory uses, and temporary uses in each zone district. All uses not listed for a zone district are prohibited. except in the B -2 zone district, where uses not listed are allowed by special review. All uses require a development permit. PERMITTED AND SPECIAL REVIEW USES Table 4 -1 lists the uses allowed within all zoning districts. Each of the listed uses is defined in Chapter 11. 4- 10 -10: EXPLANATION OF TABLE ABBREVIATIONS (a) Allowed By -Right Uses "A" in a cell indicates that the use is allowed by right as a primary use of land in that zone district. Permitted uses are subject to all other applicable regulations of this Land Use Code, including the use - specific standards set forth in this chapter and the requirements of Chapters 5 and 7. A land use listed as an "A" use in the Priman '' )ortion of Table 4 -1 cannot be accessory to another, different primary use of land on the same r /01/1 P.O. Box 1558 • Denver, Colorado 80201 • Direct (303) 859 -0344 • Fax (303) 789 -0114 • Email chris@shykersiteservices.com CHAPTER 11: DEFINITIONS: ACCESSORY STRUCTURE WITH BATHING FACILITY means any accessory structure that is not an accessory dwelling and that contains a bathing facility. ACCESSORY USE OR ACCESSORY STRUCTURE means a use or structure that is naturally and normally incidental to, subordinate to, and devoted primarily to the principal use or structure on the land; does not change the basic character of the land use, as determined by its principal use or structure; is subordinate in area, extent and purpose to the principal use or structure served; contributes to the comfort, convenience or necessity of the occupants of the principal use or structure served; and is located on the same lot or contiguous lots under the same ownership as the principal use or structure. In no event shall an accessory use be construed to authorize a use not otherwise permitted in the zone district in which the principal use is located, and in no event shall an accessory use or structure be established prior to the principal use or structure to which it is accessory. Accessory structures shall not be provided with kitchen or bath facilities sufficient to render them suitable for permanent residential occupation, unless approved pursuant to the provisions of this Land Use Code. This Use Category includes uses like, but not limited to, "Accessory Structure With Bathing Facility", "Arts and Crafts Studio, Accessory ," `Bus Stop ", "c retalm Dwelling Unit", "Club House or Recreational Building", "Day Care Home ", "Employee Dwelling Unit ", "Home Occupation ", "Satellite Reception Device ", "Solar Energy Collector", "Temporary Commercial Use ", "Trail", "Water Crossing or Diversion ", "Wind Powered Electric Generator", and other uses that the Community Development Director determines belong in this Use Category. Based on the above findings, the existing structure /use would be permitted as an "Accessory Structure With Bathing Facility", this type of facility is not required to meet commercial building code standards. Pitkin County has approved a number of accessory structures; all appear to meet residential code standards. Thank you in advance for your consideration on this matter. If you should have any questions or require additional information, please do not hesitate to call. Sincerely, Chris C. Stryker Site Acquisition Specialist, Stryker Site Services, LLC Consultant for Aspen Sports Car Club, LLC /Sprint Nextel Voice: (303) 859 -0344 Fax: (303) 789 -0114 E -Mail: ccstryker2(@aol.com 11% CHAPTER 4: PERMITTED UE 4 -20: Permitted Use Table 4- 10-80: (Code Revised (all sections) by Ord. 014 -D, 2006, 07- 05-08; § 4-20 - Table 4 -1 (part) amended by Ord. 012.08, 09- 13 -08, Ord. 019 -2009, 06- 24 -09, Ord. 025, 10- 14 -09) Land Use Code Pitkin County, Colorado July 2006 Page 11 3 Intended for Rural Areas Intended for Urban Areas Eit TABLE 4 -1: he Rural Districts Urban / Suburban Business & PERMITTED USES Residential District Special Purpose RS RR RS RS LI TR TR RS A A S B R R R VR MH AH AH B VC P T — R R R K -- P G 1 35 - 1 2 30 - - 1 1 30 15 6 P 2 1 Use - Use Category/ 6 36 & 10 2 - & U Specific Use Type 0 20 R 15 D Regulations E A § C 1s B (formerly Uses, Activities & Facilities Permitted by Special Use Permit Issued by Federal A enc Temporary Accessory & Accessory Structures A A A A A §4- 30- 050(a) with Bathing Facility Agricultural Stand A A A A A A M A A A A A A A M A §4- 30- 050(b) Arts and Crafts Studio, A A A A A A A A A A A A A A A A A A A M A Accesso Building- Mounted Cellular Telephone S S S S S S S S S S S S S S §4- 30- 050(c) Antennae Bus Stop A A A A A A A S A A A A A A A A A A A Camping Area A I A A I I I I I M §4- 30- 050(d) Caretaker Dwelling Unit S S S S S S I S S S S S S M S §4- 30- 050(e) Club House or S S S S S M S S S S S S M Recreational Buildin Day Care Home A A A A A M I I A A A A A A A A A A Employee Dwelling Unit S S S S S I S S S S S M S Home Occupation A A A A A A A A A A A A A A A A A A A M A §4- 30- 050(f) Horse Boarding, A A A A S o Satellite Reception S A A A S S A A A M A A A A A A A A A A M A §4- 30- 050(g) Device Solar Energy Collector A A A A A A A A A A M A A A A A A A A A A M A §4- 30- 050(h) Temporary Commercial A A A A A A A A A A M A A A A A A A A A A M A §4- 30- 050(i) Use Trail A A A A A A A A A A M A A A A A A M A Water Crossing o S S S S S S S S S S M S S S S S S M S Diversion Wind Powered Electri S S S S S S S M S M §4- 30- 050(j) Generato JAA Micro Hydro Electri S S S S S S S S S S S S S S S S S S S §4- 30- 050(k) Ener S stem StoragelDumping S S S S S S S S S S S S S S S S S S §4 -30- 050(1) Truckin (Code Revised (all sections) by Ord. 014 -D, 2006, 07- 05-08; § 4-20 - Table 4 -1 (part) amended by Ord. 012.08, 09- 13 -08, Ord. 019 -2009, 06- 24 -09, Ord. 025, 10- 14 -09) Land Use Code Pitkin County, Colorado July 2006 Page 11 3 'fo J RO15409 & R014323 R003161 R011167 PITKIN COUNTY WOODY CREEK DEV CO ELAM CONSTRUCTION INC 530 E MAIN ST #302 6804 2 ST /FRED HARTMEISTER ATTN:PROPERTY TAX DEPT ASPEN CO 81611 LUBBOCK TX 79416 556 STRUTHERS AV GRID JUNCT CO 81501 R003137 R013834 WHITE STAR RANCHES HOA R019242 MELBERG THOMAS A & MARILYN S C/O OATES & GARDENSWARTS /D CRAIG KATHLEEN PO BOX 630 KELLY 49 MCGEE RD ASPEN CO 81612 533 E HOPKINS AVE 3RD GREAT BARRINGTON MA 01230 ASPEN CO 81611 Cari Anne Holcomb From: Lance Clarke Sent: Thursday, September 16, 2010 10:13 AM To: 'ccstryker2 @aol.com' Cc: Cari Anne Holcomb; Joanna Schaffner; Tony Fusaro; 'doug @douglasallen com' Subject: RE: Sprint/Aspen Raceway Chris- What I have said is that if you were to consider the "house' to be an "accessory structure with bathing facilities' that could be an allowed use. This was your argument, and we are agreeing that is a possibility. The issue still remains that the building must meet building codes for whatever "accessory use" you will be using the building for. If the accessory use is to be as a clubhouse , the building must meet building code for a clubhouse use. You can't just convert a "house" to a "clubhouse" without making the necessary health and safety building changes. This is the same issue we come up against regardless of what tact is taken to try to change the use of the house to a clubhouse. The best way to determine what these needs would be would be for you or the Club to have an architect or engineer meet with Tony Fusaro of the Building Department to talk specifically about the occupancy use type that you wish to accomplish with the building so it can be determined what the Building Code requirements would be. There really is no other option to convert that house to a clubhouse. This is the conclusion that was reached with the BOCC on August 25 The BOCC indicated its willingness to consider a phased time frame for code improvements. From: ccstryker2 @aol.com [mailto:ccstryker2 @aol.com] Sent: Wednesday, September 15, 2010 2:38 PM To: Carl Anne Holcomb; Lance Clarke Subject: RE: Sprint /Aspen Raceway Lance, Thank you for returning my call, based on your voicemail, it is my understanding the "Accessory Structure with Bathing Facility" will satisfy the County on the change of "Use ". Will you please provide details on the process required to complete the change of use. Also, you had mentioned the structure will require upgrades as well. Is this Building Department and /or Zoning Department, I am uncertain of the specific requirements you are referring to. Please feel free to call and discuss Thank you, Chris C. Stryker (303) 859 -0344 Email secured by Check Point I Email secured by Check Point Email secured by Check Point Carl Anne Holcomb From: Cari Anne Holcomb Sent: Thursday, August 26, 2010 12 42 PM To: 'ccstryker2 @aol.com' Subject: Options Chris Here are the options with details for next steps: Change of Use status: Pre -app for Change of Use application, submit application, scheduled BOCC Public hearing, approval /denial, if approved application for building permit submittal, approval, work completed, c/o then tower permit continues. Relocating facility site: If same property, Minor amendment pre -app, submit application, schedule BOCC Public Hearing, approval /denial, if approved, recordation of new mylars, submittal of new info for building permit (cannot be located in property setbacks or will need Board of Adjustment approval as well). If different property — Special Review, Act Env /Site Plan same deal as last time Don't forget — cant locate facility on slopes greater than 45 %, or within 200' of residence or in property line setbacks. Cari Anne Holcomb I Planner t 970.920.50921 f 970.920.5439 CariAnne. Holcomb(a),co.pitkin.co. us From: ccstryker2 @aol.com [mailto:ccstryker2 @aol.com] Sent: Thursday, August 26, 2010 10:10 AM To: Carl Anne Holcomb; Lance Clarke; Joanna Schaffner Subject: Re: Visual Aids for BOCC CariAnne, Based on the outcome of the BOCC meeting yesterday the 25th, will you please provide details for the next step as indicated below: 1). Change Use of Structure status 2). Relocation of the tower 200' from existing structure Also, according to the use matrix in the Pitkin County code, will you please explain the difference in processes between the "S" an "A" as noted in the columns. 1 was unable to locate a legend for the associated letters and a process which follows each. Thank you, Chris C. Stryker (303) 859 -0344 1 - - - -- Original Message---- - From: Cari Anne Holcomb <CariAnne .Holcomb @co.pitkin.co.us> To: Lance Clarke <Lance.Clarke@co.pitkin.co.us >; Joanna Schaffner < Joanna .Schaffner @co.pitkin.co.us> Cc: ecstryker2 @aol.com Sent: Tue, Aug 24, 2010 1:43 pm Subject: Visual Aids for BOCC THANKS Cari Anne Holcomb I Planner Pitkin County Community Development 130 South Galena Street, 3rd Floor Aspen, CO 81611 t 970.920.50921 f 970.920.5439 CariAnne.Holcomb(e)co.pitkin.co us Email secured by Check Point Cc: Cari Anne Holcomb; Joanna Schaffner; Tony Fusaro; dougCaldouglasallen.com Subject: RE: Sprint /Aspen Raceway Lance, Thank you for your response, based on our conversation on the 16th, you indicated Pitkin County did not require any additional information to complete the change of use as outlined below, has this been completed by the County? Regards, Chris - - - -- Original Message---- - From: Lance Clarke < Lance.Clarkenco.pitkin.co.us > To: ccstryker2aaol.com Cc: Cari Anne Holcomb < CariAnne.Holcombna co.yitkin.co.us >; Joanna Schaffner < Joanna. Schaffneraco.pitkin.co.us >; Tony Fusaro < Tony.Fusaroaa co.pitkin.co.us >; doug,(a�douglasallen.com Sent: Thu, Sep 16, 2010 10:13 am Subject: RE: Sprint/Aspen Raceway Chris- What I have said is that if you were to consider the "house" to be an "accessory structure with bathing facilities" that could be an allowed use. This was your argument, and we are agreeing that is a possibility. The issue still remains that the building must meet building codes for whatever "accessory use" you will be using the building for. If the accessory use is to be as a clubhouse , the building must meet building code for a clubhouse use. You can't just convert a "house" to a "clubhouse" without making the necessary health and safety building changes. This is the same issue we come up against regardless of what tact is taken to try to change the use of the house to a clubhouse. The best way to determine what these needs would be would be for you or the Club to have an architect or engineer meet with Tony Fusaro of the Building Department to talk specifically about the occupancy use type that you wish to accomplish with the building so it can be determined what the Building Code requirements would be. There really is no other option to convert that house to a clubhouse. This is the conclusion that was reached with the BOCC on August 25. The BOCC indicated its willingness to consider a phased time frame for code improvements. From: ccstryker2Calaol.com [ mailto:ccstryker2(@aol.com ] Sent: Wednesday, September 15, 2010 2:38 PM To: Cari Anne Holcomb; Lance Clarke Subject: RE: Sprint/Aspen Raceway Lance, Thank you for returning my call, based on your voicemail, it is my understanding the "Accessory Structure with Bathing Facility" will satisfy the County on the change of "Use ". Will you please provide details on the process required to complete the change of use. Also, you had mentioned the structure will require upgrades as well. Is this Building Department and /or Zoning Department, I am uncertain of the specific requirements you are referring to Please feel free to call and discuss Thank you, Chris C. Stryker (303) 859 -0344 10 Cari Anne Holcomb From: Lance Clarke Sent: Monday, October 04, 2010 3:20 PM To: 'ccstryker2 @aol.com' Cc: Joanna Schaffner; Carl Anne Holcomb; 'doug @douglasallen.com', Tony Fusaro Subject: RE: Sprint/Aspen Raceway Chris - -I guess it isn't getting through clearly to you. I'll try again here. Yes, we have approved accessory structures with bathing facilities built to residential standards because those structures WILL BE USED RESIDENTIALLY. Your proposal is for the racetrack "accessory structure with bathing facility" to be used as a clubhouse, not residentially. THEREFORE, THE STRUCTURE HAS TO MEET BUILDING CODES FOR A CLUBHOUSE USE. That is why I have suggested that you have a builder /architect/ engineer get with the Building Dept. to determine what building modifications would be required. Before we can give the structure any status as an accessory structure with bathing facilities to be used as a clubhouse, it must meet clubhouse building codes. From: ccstryker2 @aol.com [mailto:ccstryker2 @ aol.com] Sent: Monday, October 04, 2010 2:50 PM To: Lance Clarke Cc: Cari Anne Holcomb; Joanna Schaffner; Tony Fusaro; doug @douglasallen.com Subject: RE: Sprint/Aspen Raceway Lance, Please review the attached Letter of Intent in regards to the change of use status for the proposed Sprint/Nextel facility located at the Aspen Raceway. I will also provide an original for your records. If you have any questions or require additional information, do not hesitate to call. Thank you, Chris C. Stryker (303) 859 -0344 - - - -- Original Message---- - From: Lance Clarke <Lance.Clarke @co.pitkin.co.us> To: ccstryker2 @aol.com Cc: Cari Anne Holcomb <CariAnne .Holcomb @co.pitkin.co.us >; Joanna Schaffner < Joanna .Schaffner @co.pitkin.co.us >; Tony Fusaro <Tony.Fusaro @co.pitkin.co.us >; doug @douglasallen.com Sent: Thu, Sep 30, 2010 9:17 am Subject: RE: Sprint/Aspen Raceway No, there is no legal "change of use' that happens until the building modifications are made to accommodate a clubhouse use. What I have said is there is no planning /land use process that will be required if you make the necessary building modifications for a clubhouse. From: ccstryker2Calaol.com [mailto:ccstryker2Ca@aol.com Sent: Wednesday, September 29, 2010 6:08 PM To: Lance Clarke PMCIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX # (970) 920 -5439 May 9, 2011 Chris Stryker PO Box 1558 Denver, CO 80201 Ccstryker2 ®aol.com Re: Aspen Sports Car Club LLC Appeal of the Denial of Building Permit #0019.2010.prbk for a Cellular Facility (P1D 2643- 164 -00 -047; Case P030 -11) Dear Mr. Stryker The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. We have scheduled this application for review at a public hearing by the Board of County Commissioners on Wednesday, June 22, 2011 at a meeting to begin at 12:00 P.M. in the Plaza One Meeting Room at 530 East Main St., Aspen. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to the hearing (and remove it within one week after) and to mail notice to all property owners and mineral estate owners within 300' of the subject property at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice will be sent to you by the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. If you have any questions, please call Cari Anne Holcomb, the planner assigned to your case, at 920- 5092. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit of Notice (Code Section 2 -20 -100) PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920 -5526 FAX (970) 920 -5439 MEMORANDUM TO: Pitkin County Zoning Officer FROM: Cari Anne Holcomb, Community Development Department Carianne .holcomb(a,co.pitkin.co.us RE: Aspen Sports Car Club LLC Appeal of the Denial of Building Permit #0019.2010.prbk for a Cellular Facility (CASE P030 -11; PID 2643 - 164 -00 -047) DATE: May 9, 2011 Attached for your review are materials for an application submitted by Aspen Sports Car Club LLC. The Board of County Commissioners will review the application on Wednesday, June 22, 2011. Please return your comments to me by Friday, June 10, 2011. http: / /www.aspeni)itkin.com/ Portals /0/ docs /county /Com %20Dcv/Planning/Land Use Annlications/ P030 11 app.ndf If you require a paper copy of this application contact Bonnie Waechtler at bonnie.waechtlerQ,co.pitkin.co.us or 920 -5109. Thank you. MEMORANDUM TO: Lance Clarke, Planning Director FROM: Joanna S. Schaffner, Zoning Officer DATE: June 13, 2011 RE: Aspen Sports Car Club LLC Appeal of Building Permit Application #0019.2010.prbk Which has been Denied by the Zoning Office I have reviewed the above referenced application and offer the following comments: HISTORY: Building Permit Application 40019.2010.prbk for a cellular tower proposed at the Aspen Raceway property was denied in the spring of 2010 because a condition of BOCC resolution 78 -2009 requires that a minimum of 200 feet be maintained between the tower and any residence. The tower is proposed to be located 32 feet from an existing residence on the site. Staff is requiring that the elements that make this structure a "dwelling unit" (the stove and bathing facility) as defined in Chapter 11 of the Land Use Code, be removed and that the existing residential use cease (the structure may remain) before a permit for the cellular tower is issued. If the Appellant wishes to keep the residence, the cell tower must be relocated. Also, the Uses currently contained within the structure (Auto Repair /Residential/ Assembly) require modifications to the existing structure in order to be permitted. The structure was originally approved as a single - family residence. The Appellant has appealed the denial of this permit application previously, and was denied by the BOCC on August 25, 2010 by Resolution number 110 -2010. PRESENT: The appellant now requests that Zoning and Building approve Building Permit application 0019.2010.prbk based on Section 4 -30 -50 of the Land Use Code, "Accessory Structures With Bathing Facilities ". Again, Zoning and Building denied the permit application, this time based on the following considerations: 1. Approval of this structure as an Accessory Structure with Bathing Facility does not alleviate the need to modify the structure to accommodate the commercial uses contained within, ie. IRC separation requirements, et al. The appellant's statements that "this "type" of facility is not required to meet commercial building code standards ", has no I � Z basis. Although not required in Section 4- 30 -50, it is required by our adopted Building Codes. If the appellant wishes to make the necessary modifications /improvements to the structure, Accessory Structure with Bathing Facility may be considered as a Use. 2. Approval of the Use "Accessory Structure with Bathing Facility" is not an appropriate approval for a dwelling unit. The kitchen will still have to be removed in order for the structure to not be considered a "Dwelling Unit' pursuant to Chapter 11, and the residential occupation will still have to cease. 3. A Building Permit is required for any change in Use of the structure from its original approved use of single - family residence. (ie, residential to assembly, residential to auto repair, etc.) Based on the above findings, staff recommends denial of the Appeal for Building Permit 0019.2010.prbk. 0 PITKIN C@1NTY COMMUNITY DEVEL*MENT Permit Receipt RECEIPT NUMBER 00030736 Name: Sprint Nextel Date:4/14/2011 Project Address: 550 RACEWAY DR Type: check # 11817076 Permit Number 0030.2011.PLAN 0030.2011.PLAN 0030.2011.PLAN 0030.2011.PLAN Fee Description PP- Flat Fee PP- Clerk Fee PP- Clerk Tech Fee PP- Public Notice Fee Amount 936.00 130.00 25.00 54.00 Total: 1,145.00