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HomeMy WebLinkAboutpitkin.planning.264306402002 (7)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- 06 -4 -02 -002 Description: Crouch Rezoning from AR -10 to B -1 Application Date: 1/30/12 Project Address: 31336 HWY 82, ASPEN, CO 81611 Property Owner: CROUCH Address: PO BOX 2673 ASPEN, CO 81612 Owner's REP: ALAN RICHMAN Address: PO BOX 3613 ASPEN, CO 81612 REP's Email: arichman @sopris.net Case No: P006 -12 Planner: Lance Clarke # Copies: 13 Allocated Hours: 6 % Over Hours: 7 Owner Phone: REP's Phone: (970) 920 -1125 Referrals: ZONING REFERRAL Other Referrals: Aspen Village Metro Dist None ALL OTHER REFERRALS Aspen Village HOA None Comments Due Date: Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: 02/28/2012 05/09/2012 Review Body: p &z bocc Public Hearing? no yes Notice Date: 04/05/2012 Meeting Notes: Approvals: BOCC Resolution #: 052 -2012 #589615 P &Z Determination #: BOCC Ordinance #: 015 -2012 #589613 HO Determination #: Admin Determination #: Other Information: VR Approval Date: CISIC)q �r z Plat Recorded Date: VR Expires Date: ! RECEPTION #: 589615, 06/06/2012 at 03:58:14 PM, 1 OF 4, R $0.00 Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL FOR THE ASPEN QUICK MART SPECIAL REVIEW FOR AN EXISTING AUTOMOBILE SERVICE STATION Resolution No f.L -2012 RECITALS 1. Don and Linda Crouch ( "Applicants ") have applied to the BOCC for Special Review approval of an existing "automobile service station' at the Aspen Quick Mart. 2. The property is located at 31336 Highway 82 and is described as the Commercial Parcel, Aspen Village Subdivision, according to the plat thereof recorded May 28, 1996, in Plat Book 39, page 73; PID #2643 - 064 -02 -002. 3. The property is zoned B -1 and contains 54,798 square feet. The property is conforming in size. 4. The BOCC rezoned the parcel to B -1, Rural Business, on May 9, 2012. The consideration of the Special Review approval for the existing gas station is required to make all existing uses on the site "conforming" with the B -1 district; as an "automobile service station' is a Use by Special Review in the B -1 district. 5. The BOCC heard this application at a duly noticed public hearing on May 9, 2012, at which time evidence and testimony were presented with respect to this application. 6. The BOCC finds that the existing automobile service station which has existed on the site for some 40 years is appropriate and does not have any substantial negative impacts on the surrounding area. 7. The BOCC finds that the proposal is consistent with the applicable master plan and the Special Review Criteria in Land Use Code Sections 2- 30- 30(h), 2-40 - 20(a-c), 4- 30 -40(g) and 4- 30- 50(c). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that it hereby grants approval to the Crouch/Aspen Quick Mart Special Review for the existing automobile service station subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the application and public meetings. RECEPTION #: 589615, 06/06/2012 at 03:58:14 PM, 2 OF 4, Janice K. Vos Caudill, Pitkin County, CO Resolution No X =2012 Page 2 2. All previous conditions of approval on the property shall remain in effect unless modified by terms of this approval. 3. This Special Review approval is for the automobile service station facility existing as of this date, which includes two gas pumps, a canopy, restrooms, cash register area, and accessory areas used for sales of vehicle maintenance products (exclusive of areas used for general convenience store activities). (See Attachment A, photo -May 2012). Any expansion or modification of these automobile service station facilities is subject to all applicable Land Use Code requirements, standards, and processes. This may include a new Special Review approval, Growth Management approval, and/or Site Plan Review, among other reviews. 4. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in the Pitkin County Land Use Code § 4 -140 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on May 9, 2015. NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 5° DAY APRIL, 2012. APPROVED ON THE 9th DAY MAY, 2012. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY ON 4 -1Y RECEPTION #: 589615, 06/06/2012 at 03:58:14 PM, 3 OF 4, Janice K. Vos Caudill, Pitkin County, CO Resolution No.Q± -2012 Page 3 ATTEST: J Atte Jones, y Clerk APPROVED AS TO FORM: John 1 . Attorney Case 4PO06 -12 264306402002 BOARD OF COUNTY COMMISSIONERS, PITKIN Cl UNTY, COLD DO Michael M. wsley, Rirmanj Date: ���_ APPROVED AS TO CONTEDik T: c11 w ' Cindy Houben, Community Development Director e ,-L A Aa t 3 3P3i, a a .}A'Br S `A . �', ,,.-1. few E,' F t S ' t f RECEPTION #: 589613, 06/06/2012 at 03:58:12 PM, 1 OF 2, R $0.00 Janice K. Vos Caudill, Pitkin County, CO ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, REZONING THE ASPEN VILLAGE COMMERCIAL PARCEL (QUICK MART) FROM THE AR -10 ZONE DISTRICT TO THE B-1 ZONE DISTRICT Ordinance No. O /f -2012 RECITALS 1. Don and Linda Crouch ( "Applicants ") have applied to the Board of County Commissioners of Pitkin County, Colorado ('BOCC ") to rezone the Aspen Village Quick Mart parcel to B -1, Rural Business. 2. The property is located at 31336 Highway 82, and is described as the Commercial Parcel, Aspen Village Subdivision, according to the plat thereof recorded May 28, 1996, in Plat Book 39, Page 73. 3. The Pitkin County Planning and Zoning Commission considered the proposed rezoning at a regularly scheduled meeting on February 28, 2012, and recommended approval by a vote of 4 -0. 4. The BOCC considered the proposed rezoning on first reading at a public meeting on March 28d, 2012, and on second reading at a public hearing on May 9, 2012. 5. The BOCC finds that the proposed land is appropriate for the B -I zone district designation as it meets the intent of this zone district. 6. The BOCC further finds that the rezoning is consistent with Sections 2- 3040(1) and 240- 10(cX2) of the Pitkin County Land Use Code. NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby rezones the Aspen Village Commercial Parcel from AR -10 to B -1, Rural Business. NOTICE OF PUBLIC HEARING published in the Armen Times Weekly on the9d0ay of ZAIA 2012. INTRODUCED AND FIRST READ AT A PUBLIC MEETING on the 28`h day of March, 2012. APPROVED AND ADOPTED AFTER SECOND READING AT A PUBLIC HEARING on the 9'h day of May, 2012 PUBLISHED AFTER ADOPTION in the Ashen Times Weekly on the /Yday of (/ 2012. THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. RECEPTION #: 589613, 06/06/2012 at 03:58:12 PM, 2 OF 2, Janice K. Vos Caudill, Pitkin County, CO OrdinanceMaal� -2012 Page 2 �3;TEST- J ette Jones, Cie o the BOCC APPROVED AS TO FORM: Joh 1�;Cou orney P006 -12 PH) 264306402002 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COL DO By % Michael Owsley, J Chairman Date L— I APPROVED AS TO CONTENT: 9�4 �� Cindy Houben, Community Development Director MEMORANDUM TO: Board of County Commissioners Regular Meeting — May 9, 2012 � dvCH THRU: Cindy Hoube�.K Community Development Director [(; FROM: Lance Clarki?,`Assistant Director Community Development RE: Aspen Quick Mart Rezoning, Second Reading, Public Hearing Special Review for "Automobile Service Station ", Public Hearing REQUEST: The Applicant is requesting approval to rezone the Aspen Quick Mart facility on Highway 82 at Aspen Village to B -1, Rural Business, and to Receive Special Review approval for the existing gas station. APPLICANT: Don and Linda Crouch, Owners REPRESENTATIVE: Alan Richman LOCATION: Aspen Village Commercial Parcel, 31336 Highway 82 ZONING/LOT SIZE: AR -10 / 54,798 sq. ft. PROCESS: Two -step review by the Planning Commission and the Board of County Commissioners. PLANNING AND ZONING RECOMMENDATION: The P &Z reviewed this request on February 28, 2012 (Staff Memo, Attachment B and P &Z Meeting Minutes, Attachment C). The P &Z recommended approval by a 4 -0 vote. The Staff memo to the P &Z and the P &Z recommendation also address a Special Review approval for the existing gas station. Ultimately, the Applicant also needs this Special Review approval. This will be considered at the same time as the 2nd reading of the rezoning on May 9, 2012, as the Special Review requires only one hearing. PREVIOUS BOARD ACTION: On March 28, 2012 the Board approved a first reading of the rezoning ordinance and requested additional information regarding site developability. ADDITIONAL INFORMATION: A comparison summary of the sizes of the Quick Mart and Snowmass Conoco is attached for information, as is a "site plan" provided by the Applicant showing required setbacks, site constraints and potential development scenarios on the Quick Mart property. As previously stated, a maximum of 6,750 square feet of floor area would be allowed on the parcel under the proposed zone district. There are several "use specific standards" for the B -1 zone district that affect uses and sizes. For instance, a "restaurant/ bar" could not exceed 2,000 sq. ft. A "personal service" use (like laundromat or liquor store) could not exceed 2,000 sq. ft.. A "general service use" (like a warehouse, or catering business) could not exceed 3,000 sq. ft., and there can be only one per parcel. Total "retail' uses on a B -1 parcel could not exceed 6,000 sq. ft. RECOMMENDATION: Staff and the Planning Commission recommend that the BOCC adopt a motion approving the attached rezoning ordinance. Staff and the Planning Commission also recommend that the BOCC adopt a motion approving the attached special review resolution. ATTACHMENTS A. Rezoning Ordinance B. Special Review Resolution C. Quick Mart/ Snowmass Conoco comparison D. Applicant's additional submittal and "site plan" E. Metro District letter F. Staff Memo to Planning and Zoning Commission dated February 28, 2012 imceckwes/crouchremne BOCCmemo 2nd 5_9_12 .doc 000002 2 L-L, c\-\ w. e .-L A ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, REZONING THE ASPEN VILLAGE COMMERCIAL PARCEL (QUICK MART) FROM THE AR -10 ZONE DISTRICT TO THE B -1 ZONE DISTRICT Ordinance No. -2012 RECITALS Don and Linda Crouch ('Applicants ") have applied to the Board of County Commissioners of Pitkin County, Colorado (BOCC ") to rezone the Aspen Village Quick Mart parcel to B -1, Rural Business. 2. The property is located at 31336 Highway 82, and is described as the Commercial Parcel, Aspen Village Subdivision, according to the plat thereof recorded May 28, 1996, in Plat Book 39, Page 73. 3. The Pitkin County Planning and Zoning Commission considered the proposed rezoning at a regularly scheduled meeting on February 28, 2012, and recommended approval by a vote of 4 -0. 4. The BOCC considered the proposed rezoning on first reading at a public meeting on March 28i°, 2012, and on second reading at a public hearing on May 9, 2012. 5. The BOCC finds that the proposed land is appropriate for the B -1 zone district designation as it meets the intent of this zone district. 6. The BOCC further finds that the rezoning is consistent with Sections 2- 30 -40(i) and 2- 40- 10(c)(2) of the Pitkin County Land Use Code. NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby rezones the Aspen Village Commercial Parcel from AR -10 to B -1, Rural Business. NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the _day of 2012. INTRODUCED AND FIRST READ AT A PUBLIC MEETING on the 28`h day of March, 2012. APPROVED AND ADOPTED AFTER SECOND READING AT A PUBLIC HEARING on the 9s' day of May, 2012 PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the day of 12012. THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. 000003 Ordinance No. -2012 Page 1 ATTEST: Jeanette Jones, Clerk to the BOCC APPROVED AS TO FORM: John Ely, County Attorney P006 -12 PID 264306402002 000004 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By Michael Owsley, Chairman Date APPROVED AS TO CONTENT: Cindy Houben, Community Development Director At6a., —e. t P�, RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL FOR THE ASPEN QUICK MART SPECIAL REVIEW FOR AN EXISTING AUTOMOBILE SERVICE STATION Resolution No. -2012 RECITALS 1. Don and Linda Crouch ( "Applicants ") have applied to the BOCC for Special Review approval of an existing "automobile service station" at the Aspen Quick Mart. 2. The property is located at 31336 Highway 82 and is described as the Commercial Parcel, Aspen Village Subdivision, according to the plat thereof recorded May 28, 1996, in Plat Book 39, page 73; PID #2643 - 064 -02 -002. 3. The property is zoned B -1 and contains 54,798 square feet. The property is conforming in size. 4. The BOCC rezoned the parcel to B -1, Rural Business, on May 9, 2012. The consideration of the Special Review approval for the existing gas station is required to make all existing uses on the site "conforming" with the B -1 district; as an "automobile service station" is a Use by Special Review in the B -1 district. 5. The BOCC heard this application at a duly noticed public hearing on May 9, 2012, at which time evidence and testimony were presented with respect to this application. 6. The BOCC finds that the existing automobile service station which has existed on the site for some 40 years is appropriate and does not have any substantial negative impacts on the surrounding area. 7. The BOCC finds that the proposal is consistent with the applicable master plan and the Special Review Criteria in Land Use Code Sections 2- 30- 30(h), 2-40 - 20(a- c),4- 30 -40(g) and 4- 30- 50(c). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that it hereby grants approval to the Crouch/Aspen Quick Mart Special Review for the existing automobile service station subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the application and public meetings. i -J00 ®5 Resolution No. _ -2012 Page 2 All previous conditions of approval on the property shall remain in effect unless modified by terms of this approval. This Special Review approval is for the automobile service station facility existing as of this date, which includes two gas pumps and a canopy. Any expansion or modification of these two gas pumps or canopy is subject to all applicable Land Use Code requirements, standards, and processes. This may include a new Special Review approval, Growth Management approval, and/or Site Plan Review, among other reviews. 4. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in the Pitkin County Land Use Code § 4 -140 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on May 9, 2015. NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 5" DAY APRIL, 2012. APPROVED ON THE 9th DAY MAY, 2012. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY ON OU0006 Resolution No. _ -2012 Page 3 ATTEST: Jeanette Jones, Deputy Clerk APPROVED AS TO FORM: John Ely, County Attorney Case #P006 -12 264306402002 f"'00007 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO Michael M. Owsley, Chairman Date: APPROVED AS TO CONTENT: Cindy Houben, Community Development Director Aspen Quick Mart 2643 - 064 -02 -002 31336 Highway 82 Snowmass Conoco 2467 - 272 -02 -001 26800 Highway 82 Zone: Lot Size (not lot area) Allowed Floor Area (Does not include canopies) Existing Floor Area Fire Station Lot Size Post Office Lot Size OU0006 Aspen Quick Mart Snowmass Conoco B -1 (proposed) B -2 1.414 acres 1.66 acres 6,750 sf 26,031 sf 1,586 sf 7,028 4,436 sf 0 .78 acres 0 3,413 sf 1.26 acres C) J -1 1 r4&* R"4aaot �ea�uac�uy S� 'gat 3613.404*, eoC =-& 81612 May 2, 2012 ;P"" /fax (970)920-1125 aiu.'ck.Ka.ca(�a�.M& Mr. Lance Clarke, Deputy Director Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: ADDENDUM TO REZONING APPLICATION FOR QUICK MART PROPERTY Dear Lance, On April 11, 2012 the Board of County Commissioners granted first reading approval to the rezoning of the Aspen Quick Mart property from AR -10 to B -1. During the course of that initial review, the Commissioners asked that the applicant provide supplemental information that would address the potential buildout of the parcel following the rezoning. Based on that request, the applicant has prepared a drawing showing the applicable Land Use Code constraints to development of the parcel under the B -1 zone district. Two versions of that drawing (Option A and Option B) are attached to this letter, and presentation -size versions will be brought to the second reading public hearing on May 9. The drawing shows the areas of the site that are constrained by adopted Code provisions. These areas can be summarized as follows: The B -1 zone district establishes 10' side yard and rear yard setbacks. The 30' front yard setback is superseded by the 100' setback from Highway 82. The slopes immediately behind the building are too steep to be developed. The slope behind and to the west of the building that rises toward the Aspen Village Road is less steep and may be developed. There are easements along the western side of the property that restrict that area from being developed. The remaining area that could be developed is shown in the light shading pattern. We have determined that this area is large enough to accommodate the buildout allowed by zoning (6,750 sq. ft.) along with the parking that would be required (17 spaces @ 1 space per 400 sq. ft. of floor area) while retaining open areas around the commercial buildings for circulation, open space, landscaping, etc. uu0Oi4 Mr. Lance Clarke May 2, 2012 Page Two The two versions of the drawing are meant to be very preliminary illustrations of how the property might be expanded under the proposed B -1 zoning and are not real site plans. These options show possible footprints of the uses that could be placed on the property, along with the parking that would be needed to comply with the County's standards. In depicting these footprints we have made sure to comply with the adopted maximum size limit for uses required by the B -1 zone district. The B -1 zone that the County adopted in 2006 sets the following limits on the size of various types of businesses: a. A grocery store is limited to no more than 3,000 sq. ft. b. Personal service outlets (laundromat, barber /beauty shop, drug store, liquor store) are limited to 2,000 sq. ft. C. Restaurant/bar is limited to 2,000 sq. ft. d. Offices are limited to 1,000 sq. ft. per business. e. Building materials and landscaping are limited to 3,000 sq. ft. per B -1 parcel These use limitations were established by the BOCC to ensure that the businesses in the B -1 zone district are in scale with and serve the neighborhood in which they operate and do not become highway oriented, community -wide commercial centers. Considering these limitations, the drawings show an expanded convenience store at 3,000 sq. ft., and then two other accompanying uses (for example, a car wash, a liquor store or a landscaping business). In one option two uses would be in a single building and the third would stand apart while in the other option all 3 uses would stand apart. The three uses would comprise the total buildout allowed by the zone at 6,750 sq. ft. Points in Favor of Rezoning to B -1 As stated in the original application, the applicant believes that the proposed rezoning of this property to B -1 is appropriate for the following reasons: 1. The intent statement for the B -1 zone district in the County Code reads as follows: "The B -1 zone district applies to pre- existing commercial properties limited to the Woody Creek Restaurant and Store, the Aspen Village Quick Mart and those existing properties in Meredith and Thomasville. This rural commercial zone district acknowledges the existence of these commercial properties for limited, small scale operations that are consistent with the Pitkin County Comprehensive Plan and that are primarily oriented to the local population in the Rural Areas." OUG015 Mr. Lance Clarke May 2, 2012 Page Three This statement makes it quite clear that the B -1 zoning district was drafted as part of the 2006 Code so that it would be applied to the Aspen Village Quick Mart. It was adopted less than 6 years ago with this owner participating in the process and with a great deal of attention given to the uses it would permit and the dimensional limitations it would have. When it was adopted it was well understood that this applicant would then submit a private rezoning application to apply the zone district to his property. It would not be fair after all of these events have transpired to decide not to apply this zoning to this property. 2. After this property is rezoned to B -1, the County will retain significant land use controls over the development of the property. First, several of the allowed uses (building materials and landscaping, general services, and car wash) are only allowed by special review. Second, the development will be subject to growth management review. Unless the addition is quite small (1,000 sq. ft. or less) it will have to compete for a commercial allotment. While we understand that commercial applications are infrequent in the County and so there may not be competition, all projects must meet the minimum threshold to ensure the quality of the development. The commercial GMQS requires applicants to address the quality of the design (site design, parking and circulation, and visual impacts are three separate scoring categories). These standards will ensure that the mass of the development is broken down and that mitigating techniques are used to reduce the visibility of the project. The illustrative drawings show that there is room on the site to accommodate the potential buildout but that to do so, the applicant will need to: (a) employ effective screening techniques; (b) ensure that the mass of the building or buildings is properly broken down into human - scale components; (c) provide pedestrian amenities and desirable open space features; and (d) hide the parking so it is not visible from the Highway. This site can be developed in a manner that will be far more attractive than other convenience stores along the Highway. It will not resemble the Snowmass Conoco because if it did there is no way that it would meet the thresholds to receive a GMQS allotment from the County. 3. We think it is also important to point out that the "neighborhood" that this project serves stretches beyond just Aspen Village. This site also serves the convenience needs of the local population of Brush Creek Village, Woody Creek and Snowmass Canyon. 4. Please also consider that the other convenience stores along Highway 82 represent this store's "competition" and for an expansion to make economic sense, the applicant must be able to offer a competitive range of services and products. Today the convenience store is considerably smaller than those at Basalt, Snowmass, and the AABC. The provisions of the B -1 zone will limit this site to much less floor area than those properties but will help it become more competitive with those stores. UUOILIS Mr. Lance Clarke May 2, 2012 Page Four Conclusion This submission supplements the previously- submitted application documents and provides the additional information requested by the Commissioners. Please do not hesitate to contact me if there is anything else you need. Very truly yours, ALAN RICHMAN PLANNING SERVICES F FAT A4, Nw/ Alan Richman, AICP JUOOL (JUU n U Vi6�C Y gill! ill! Z ❑�� p Q C s Jill L A Lj �?0e Aspen Quick Mart Development Diagram A ■ sa�.6e A..a" ❑ orenasr+sswe ❑ o.i.ness�aeseeer Date: e..vr� Drawn nevi6 N r! : Sheet: L 2.0 al axe V\ O light Villag° Road AsP °^ \ existing Bnaa.� Telephone/ Blanket Easement Area boulder Easement / r Plat Book 39, Pa 73 �M Ea ,S,Wdnt G� �g P G�G4rGV' / s � �(„ G robe nloaoled existing lante eel P"I Bufleg g Block C ( +/ 1,750 e.f. GG Q0 v P rre ano I m I 1 Expondsd wick Mart ( +/.3,000 s.f.) edge of pavement ® ys ®® Approxlrnan e Parking \/'"q Id spaep use 3tw Possibin \ '\ Legend Building Flock, .0 utility pole y `G Existing Evergreen Tree 'el` 0 Existing Deciduous Tree � Existing Large Shrubs Exisiling Tree Grouping W Properly ®Conseaear (due b eassmeMS, setbacks and possible steep slopes) Approximate Parking Location 10'. (based on 20'spoces) graphic scale: 1 "= 20' -0" `Note: This is not a survey, but instead is a graphic representation of existing conditions based on a survey and field observances. 0 20' A0' 80' ]DO' n U Vi6�C Y gill! ill! Z ❑�� p Q C s Jill L A Lj �?0e Aspen Quick Mart Development Diagram A ■ sa�.6e A..a" ❑ orenasr+sswe ❑ o.i.ness�aeseeer Date: e..vr� Drawn nevi6 N r! : Sheet: L 2.0 boulder `Note: This is not a survey, but instead is a graphic representation of existing conditions based on a survey and field observances. 00,0019 nd 4� Existing Evergreen Tree 0 Existing Deciduous Tree Existing Large Shrubs Exisging Tree Grouping Property ®Constrained (due to easemeMS, setbacks and possible steep slopes) Approximate Parking Locations )bosed on 10' x 20' spaces) graphic scale: 1" - 20' -0" 0 20' 40' 80 100' ° 1 �;. . Is � si fix: Aspen Quick Mart Development Diagram B Dare: sww scale: Drawn By: d FevleeE: Wth Sheet L 2.1 A- Ucz,,ti,,,eA �—_ ASPEN VILLAGE METROPOLITAN DISTRICT Donnie Lee, President Richard Jackson, Vice - president David Ritter, Treasurer Mike Haman, Secretary Brent Ford, Director Gary Beach, District Manager April 24, 2012 Lance Clark Pitkin County Community Development 130 S. Galena Street Aspen, CO 81611 Re: Crouch - Aspen Quick Mart Special Review and Rezoning Request - Case No. P006 -12 Dear Lance: The Aspen Village Metropolitan District is responding to Don and Linda Crouch's application for rezoning of the Aspen Quick Mart Parcel (PID 2643- 064 -02 -002) from the existing AR -10 to the proposed B -1, with a corresponding approval for the existing gas station. While the District Board has expressed support for the proposed change in order to make this a conforming use, it is understood by the Board that this change would allow the expansion of the building and uses to a level that may not be supported without further consideration by the District Board. We are assuming that any expansion of the building or uses would require a separate review prior to approval by the County. If this is not the case, the District would respectfully request advisement of the process in order to determine if an objection to the rezoning should be filed with the County. Further, please be aware that any proposed expansion of demand on the District's water and sewer facilities will require prior approval by the District and the payment of tap fees by the Aspen Quick Mart. Approval may only be granted to extra- territorial uses by the District's finding that it is in the best interest of the District to serve the expanded use. Thank you for the opportunity to comment on this application. Sincerely, By each Dis rict Manager avmdteng\cmunch rezone comment wpd uvviJ20 lei 1010[0 11IIuTl TO: Pitkin County Planning and Zoning Commission FROM: Lance ClarAssistant Director RE: Aspen Quick Mart Rezoning/Special Review for Automobile Service Station DATE: February 28, 2012 REQUEST: The Applicant is requesting approval to rezone the Aspen Quick Mart property on Highway 82 at Aspen Village to B -1, Rural Business, and to receive Special Review approval for the existing gas station use. APPLICANT: Don and Linda Crouch REPRESENTATIVE: Alan Richman LOCATION: Aspen Village Commercial Parcel ZONING/LOT SIZE: AR -10 / 54,798 sq. ft. PROCEDURE/PROCESS: A request to rezone is a two step review process. The first step involves review and recommendation by the Planning and Zoning Commission. This meeting is not a public hearing. After the Planning and Zoning Commission makes its recommendation, the request is reviewed by the Board of County Commissioners at a public hearing. Upon Board review, if substantial changes are made from the original recommendation, the changes shall be submitted back to the Planning and Zoning Commission for approval, recommendation, or suggestions and brought back to the Board of County Commissioners for final review. BACKGROUND: The property has been used for years as a commercial site, mostly a gas station and "convenience store ". The property has never been zoned commercially and has operated as a legal non- conforming use. There have been previous requests for a rezoning to B -2 which were denied. The denials were primarily based on the concern that the B -2 District was too intensive in its allowed uses and sizes to be appropriate for the site. Don crouch was active in the Code rewrite process leading up to the adoption in 2006 of the "new code ", urging that some sort of neighborhood /rural business zone district be created that would be applicable to the few small existing commercial sites in the County like the Quick Mart. Staff did create such a district, called the B -1 (Rural Business /Small Business) District. The Intent of this district says, "The B -1 zone district applies to pre- existing commercial properties limited to the Woody Creek restaurant and Store, the Aspen Village Quick Mart, and those existing properties in Meredith and Thomasville." This district allows much lower intensity development than the previous B- 1 district or the B -2 district. An automobile Service Station is a Special Review Use in the B -1 District. The rezoning by itself will not remove the "legal non - conforming" status of the gas station. A special review approval must accompany the rezoning to make all current activities on the site conforming. 000021 EXISTING CONDITIONS: Currently on the parcel are a gas station, a fuel pump canopy, and a convenience store. Through the years there have been other temporary commercial uses, such as a landscaper's storage and staging area, and a "fruit stand ". PROPOSAL: The applicant desires the rezoning and special review approval to remove the non- conforming status and to allow for planning of future uses and/or redevelopment. STAFF COMMENTS: REZONING: The proposed rezoning must comply with the following standards of Sections 2- 30 -40(i) and 2- 40 -10(c) (2 &3): Sec. 2 -30 -40 (i). An application for two -step review shall be recommended for approval and shall be approved if it complies with (a) All applicable provisions of this Land Use Code; (b) All applicable Land Use Policies listed in Section 1 -60; and (c) All prior development approvals applicable to the subject property. Response: The applicable provisions of the Code are addressed throughout this memorandum. The Applicant asserts that the proposal is consistent with the County's policies for the reasons stated in the application. Staff feels that Policy 1- 60 -20: "Conformance with the Pitkin County Comprehensive Plan" is the most appropriate policy for this request. The applicable comprehensive Plan is the 1987 "Down Valley Comprehensive Plan" (DVCP). This Plan is not explicitly supportive of rural commercial zoning and uses, but the 2006 Land Use Code acknowledged the appropriateness of certain pre- existing commercial uses; the Aspen Quick Mart being one of those uses. Sec. 2 -40 -10 (c) (2). In addition to complying with the provisions of Sec. 2- 30 -40(i) in connection with each proposed rezoning, the Board shall consider the following: (a) Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood that support the proposed amendment; Response: The neighborhood conditions and surroundings have changed little over the years, but the Land Use Code was changed in 2006 to create a new zone district specifically tailored to pre- existing small commercial uses in the rural area. The Quick Mart is one of the named uses. The rezoning was not done at the time of the adoption of the 2006 Code. It was determined that the Code adoption process would be a "text" only adoption and that any rezoning would be considered separately. (b) The effect of the proposed rezoning and development on traffic generation and road safety. Response: There is no proposed addition or redevelopment accompanying this rezoning request, so there will be no additional impacts at this time. Any future proposed changes will be subject to the site plan, GMQS, and perhaps special review approval. Impacts will be evaluated at that time for appropriateness. t9UU'�22 Sec. 2 -40 -10 (c) (3). A proposed rezoning shall not be approved, and should not be recommended for approval, unless the decision making body finds that the proposed rezoning will result in development or activities that: (a) Are consistent with the applicable Pitkin County Master Plan(s); Response: The Down Valley Comprehensive Plan (1987) discouraged rural commercial uses and recommended they remain non - conforming. This Plan has not been formally revisited, but the adoption of the 2006 land Use Code with its creation of a Rural Business zone district with an intent section that specifically states the potential appropriateness of this district for the Quick Mart and other pre- existing commercial uses that are oriented to the local population in the Rural Areas, indicates a new and different direction from the DVCP. (b) Are consistent with all applicable sections of this Land Use Code; Response: The proposed rezoning would be consistent with the intent section of the B -1 district, where the Aspen Quick Mart is specifically mentioned as a site for consideration for rezoning to this district. (c) Are compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics; Response: The use has established compatibility with the neighborhood characteristics over time as Aspen Village has matured, Highway 82 has been widened, the Fire Station has been added in the area, and as the RFTA Park and Ride facility has been developed. (d) Do not exceed the capacity of such public facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities; Response: No plans for additions or redevelopment are part of this application. Any future development would be subject to review for sufficiency of all public and private facilities. (e) Do not result in significant adverse impacts on the natural environment; Response: The rezoning will not result in any adverse impacts on the natural environment. Future development proposals will be reviewed for impacts. (fi Are consistent and compatible with the community character; and (g) Do not conflict with the public interest. Response: Staff has not received any comments from the public on this application. The Aspen Village Metro District/ Homeowner's Association has provided a letter in support of the request. SPECIAL REVIEW: The proposed special review use must comply with the procedures of Section 2- 40-20 and the standards of Section 2- 30 -30. A. The special review use shall be consistent with the applicable County Master Plan. Response: As mentioned in the rezoning analysis above and in the applicant's report, the 25 year old 0 uUi23 Down Valley Comprehensive Plan would be the applicable plan for this property. This plan did not specifically support "highway oriented" down valley commercial uses such as the Quick Mart. There is a question as to the extent that this facility is "highway oriented" vs. "neighborhood oriented" as it has served as a local gathering spot for the Aspen Village community and surrounding neighborhoods. It would seem that thinking about some of these types of existing uses has changed, as the 2006 LUC specifically calls out the Quick Mart as a site that could be appropriate for a rezoning to B -1, Rural Business. This indicates acknowledgement of its existence and continuance. The gas station has always been a part of this development. No changes in the gas station are proposed. B. The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Chapter 1. Response: There are no Code conflicts. The conformance with policies is addressed in the rezoning analysis and the application. C. The proposed development must not materially endanger the public health, safety or welfare. D. The proposed development must not substantially injure the value of adjoining or abutting property. Response: The gas station use has operated in this location for 40 years. There is no evidence it has endangered health, safety, or welfare, or injured property values. E The special review use shall be consistent with the intent of the Zone District in which it is proposed to be located. Response: The B -1 district specifically allows gas stations, subject to special review. F The special review use shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Response: The uses on the property have been in place for decades, establishing the compatibility, and becoming part of the character over time. The location serves the Aspen Village community, fire district substation, RFTA park `n ride, and surrounding residences. G. The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air/water pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. Response: At this time there are no proposed changes to the gas station or convenience store. There have been minimal negative effects from the existing uses. Any new uses or expansions will be subject to Growth Management and Site Plan Review. H. There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. OuUJ24 Response: Facilities have proved to be adequate for existing uses. No changes are proposed. Any changes will be subject to additional impact review, either through GMQS, Site Plan, or further Special Review. Even the gas station facilities could not be expanded without further Special Review. The proposed special review use must comply with any additional standards or requirements stated for such use in Sec. 4 -30 and/or Sec. 2- 40 -20. Response: There are no additional applicable standards. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission adopt a motion to recommend approval of the proposed rezoning and special review to the BOCC. Attachments Zoning Comments Application provided separately iiuL0,25 '146-M lR&4 a* Fax 3613 ,44A", eo&taZ% 81612 February 22, 2012 �ea.�urior y Se�usice� �� /�� (s�o)s2a112s aalckauuc@aa/ruc.ret Mr. Lance Clarke, Deputy Director Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: SPECIAL REVIEW APPLICATION FOR AUTOMOBILE SERVICE STATION AT ASPEN QUICK MART PROPERTY Dear Lance, This is an application requesting special review approval for the existing automobile service station at the Aspen Quick Mart property, located at 31336 State Highway 82, Snowmass. The Parcel ID# for this property is 264306402002. This application is intended to accompany the application we have previously submitted to the County requesting that the property be rezoned to B -1. This application is being submitted based on the direction you have provided to us indicating that the existing use requires special review approval to remove its non - conforming status. The application is being submitted by Don and Linda Crouch, the owners of the property (hereinafter, "the applicants "). The applicants are being represented by Alan Richman Planning Services for this application. Proof of the ownership of the property and the applicants' authorization for the representative have previously been submitted to you. Special Review The Land Use Code lists "automobile service station" as a use allowed by special review in the B -1 zone district. The applicants do not propose any changes to the existing gas station at this time. Instead, this application merely seeks to bring the existing gas station into conformance with use limitations of the B -1 zone district. The standards for special review are listed in Section 2 -30 -30 (h) (2) of the Land Use Code. The applicants' responses to these standards follow below. (a) The special review use shall be consistent with the applicable County Master Plan. 000026 Mr. Lance Clarke February 22, 2012 Page Two Response: As explained in the rezoning application, there is no single County Master Plan document that can be used as a reference point for determining the consistency of this property and its existing uses with adopted plans. Instead it is necessary to consider several adopted County plans that address this part of the County. The Down Valley Comprehensive Plan (DVCP), which addresses the entire rural portion of the County, is more than 25 years old. While many of its policies remain as valid today as they were in 1986, some of its recommendations are clearly dated and have been superseded by more recent thinking. For example, the DVCP recommends that pre- existing non - conforming land uses along SH 82 should not be designated on the Future Land Use Map and should remain non - conforming because they are highway oriented (p.67). However, the Snowmass Conoco, which was one of the uses specifically listed in the DVCP that should remain conforming, was rezoned from AFR -10 to B -2 in 1993, eliminating its non - conforming status. The BOCC found at the time that the Snowmass Conoco was not necessarily a highway oriented commercial use but instead served as a neighborhood oriented use for the Snowmass area. The DVCP did not specifically list the Quick Mart gas station and convenience store as pre- existing commercial uses that should remain non - conforming (although its "Cluster Residential designation on the Future Land Use Map had that effect). The applicant has previously suggested that this may be because the Aspen Village Quick Mart has always served a strong local clientele. The store and gas station have served the neighborhood and have provided a local gathering place, transit stop, and school bus loading and staging area for many years, offering functions that are similar to the neighborhood orientation of the gas station and convenience store at the Snowmass Conoco. In 2003, the Pitkin County Comprehensive Plan was adopted. That plan is a compilation of other plans the County has adopted, including plans prepared by Caucus groups and other plans prepared by the County for specific areas of the County. A fundamental element of the 2003 Comprehensive Plan is its description of the common themes among the various adopted County plans. The Comprehensive Plan identifies the overall policy of the County with respect to commercial development being to "Direct new commercial uses to lands within the adopted urban growth boundaries ". However, it goes on to state that some of the Caucus plans have recognized the value of small scale commercial activities in their neighborhoods. For example, the Snowmass Capitol Creek Plan now recognizes the value of the Snowmass Conoco as a neighborhood - serving commercial use. While there is no specific caucus plan that recognizes the importance of the Aspen Village Quick Mart, we would suggest that the gas station and store also represent commercial uses that serve the surrounding neighborhood while remaining compatible with the rural character of the area. jUO027 Mr. Lance Clarke February 22, 2012 Page Three (b) The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Chapter 1. Response: To the best of the applicant's knowledge, the gas station does not conflict with any of the adopted standards or policies of the County Land Use Code. In fact, the purpose of this application is to remove an existing non - conformity and make the gas station an approved special review use. (c) The proposed development must not materially endanger the public health, safety or welfare. (d) The proposed development must not substantially injure the value of adjoining or abutting property. Response: The gas station has operated on this property since 1971, a period of more than forty (40) years. This operation has not endangered the public health, safety or welfare during this time nor has it injured the value of adjoining property. Rather, it has served the public interest by providing a convenience service to residents of the immediate neighborhood and highway- oriented services to those travelling along SH 82. (e) The special review use shall be consistent with the intent of the Zone District in which it is proposed to be located. Response: As explained in the rezoning application, the revised B -1 zone district that was adopted as part of the 2006 Pitkin County Land Use Code includes the following intent statement: "The B -1 zone district applies to pre- existing commercial properties limited to the Woody Creek Restaurant and Store, the Aspen Village Quick Mart and those existing properties in Meredith and Thomasville. This rural commercial zone district acknowledges the existence of these commercial properties for limited, small scale operations that are consistent with the Pitkin County Comprehensive Plan and that are primarily oriented to the local population in the Rural Areas. " The continued presence of the existing gas station on this property represents the kind of limited, small scale commercial operation contemplated by the Land Use Code for properties zoned B -1. (t) The special review use shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. uu0028 Mr. Lance Clarke February 22, 2012 Page Four Response: The subject property is surrounded by Aspen Village, a residential subdivision containing approximately 150 residences, a RFTA park and ride facility, an Aspen Fire Protection sub - station, and scattered rural residential properties. Further afield, residents of Woody Creek, Snowmass Canyon, and Brush Creek Village also are within a several mile radius of the property. The convenience store and gasoline station provide basic needed services to residents of all of these areas and to transit riders (both school children and RFTA commuters) who use the store on a regular basis. The applicants do not have any plans to make major changes to the existing uses at this time. The Quick Mart is a small scale commercial building that fits with the rural character of the area. Moreover, as explained in the rezoning application, the comparatively less intense floor area allowed by the new B -1 zone district ensures that any future development that may be proposed for this property will be compatible with surrounding land uses and neighborhood characteristics. The applicants believe that approving the gas station as a special review use will allow the property to continue to serve as a neighborhood gathering place. It will enable to applicants to consider ways to diversify the services the property offers so it can serve the neighborhood in a more effective manner. This would be consistent with current thinking in planning practice about the benefits of mixing residential and commercial uses together. Where in the past zoning experts sought to separate uses into distinct areas of a community, today's zoning practice recognizes the value of having limited commercial uses close to residences and at key transit nodes, so residents don't always need to get in their car to meet their needs. (g) The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimize adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, airAvater pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. Response: There are no changes planned to the gas station at this time so there will be no additional impacts from this use beyond what is present today. (h) There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. uu002`j Mr. Lance Clarke February 22, 2012 Page Five Response: There are no plans for changes to the site that would cause the capacity of any of the above - listed facilities to be exceeded. Should the applicants propose any new uses for the property or any expansion of the building, those plans will be subject to review pursuant to the Growth Management Quota System, which is designed to ensure that all such impacts are mitigated by the applicant at no cost to the public. (i) The proposed special review use must comply with any additional standards or requirements stated for such use in Sec. 4 -30 and/or Sec. 2- 40 -20. Response: There are no additional standards listed for this use in Sec. 4 -30-40 that apply to the B -1 zone district. The applicant agrees to comply with the other provisions of Sec. 2- 40 -20, Special Review Use, that apply to this proposal. Conclusion I believe the above responses and the previously- submitted rezoning documents provide the information you require to process this application. If there is anything else you need, please do not hesitate to contact me. Very truly yours, ALAN RICHMAN PLANNING SERVICES Alan Richman, AICP OU0030 M E M O R A N D U M TO: Lance Clarke, Assistant Director, Com Dev FROM: Joanna S. Schaffner, Zoning Officer DATE: February 8, 2012 RE: Rezoning of the Aspen Quick Mart Parcel ID# 2643- 064 -02 -002 I have reviewed the above referenced application and offer the following comments. Setbacks: A rezoning from the AR -10 zone to the B -1 zone will result in a reduction in Side and Rear Yard setback requirements. Setback: Front Side Rear AR -10 zone: 30' 20' 30' B -1 zone: 30' 10' 10' Development on this parcel is impacted by the 100' Arterial Highway setback measured from the Highway 82 right -of -way. Setback variances from the Board of Adjustment may be required prior to the redevelopment of the site. Floor Area: The applicant has represented that based on the size of the parcel, a total of 6,750 sq ft of floor area is allowed under the B -1 zone. Additionally, a 1,000 sq ft exemption from floor area calculations is available for gas station canopies pursuant to Section 5- 20- 70(f). Uses: The following Allowed and Special Review Uses are subject to the requirements of Chapter 4 of the LUC as indicated below. Uses Allowed in the B -1 zone district: Commercial Firewood splitting Public Utilities, Minor Restaurant and /or Bar Office Arts and Crafts Studio, Primary and Accessory Personal Service Outlet* Retail Sale of Goods ** Agricultural Stand Home Occupation OuC331 4- 30 -20c 4- 30 -30f 4- 30 -40u 4- 30 -40p 4- 30 -40h 4- 30 -40r 4- 30 -40v 4- 30 -50b 4- 30 -50f Special Review Uses in the B -1 Zone: Multi - family dwelling unit 4- 30 -10d Dormitory housing Kennel or Veterinary Clinic 4- 30 -20e Day Care Center Educational Class 4- 30 -30b Public Facilities, Major 4- 30 -30e Public Utilities, Major Sewage Disposal Area or Water Facility Transit Facility Adult Entertainment Establishment 4- 30 -40a Amusement or Entertainment Establishment 4- 30 -40b Building Materials and Landscaping+ 4- 30 -40e General Services ++ 4- 30 -40k Automobile Service Station 4- 30 -40c Cellular Telephone Facility 4- 30 -40g Radio or TV Transmitting Station 4- 30 -40r Use by Federal Permit Building Mounted Cellular Telephone Antennae 4- 30 -50c Bus Stop Employee Dwelling Unit Wind Powered Electric Generator 4- 30 -30i Micro Hydro Electric Energy System 4- 30 -50k Snow Storage /Dumping Trucking 4 -30 -501 All other Uses are Prohibited in the B -1 zone district. Chapter 11 of the Land Use Code defines the following Uses as: *Personal Service Outlets: "Establishments that provide services and goods related to household living or everyday needs. Examples of personal service outlets include post office substations, self service laundries, dry - cleaning collection and distribution stations, barber and beauty shops, shoe repair shops, grocery, drug and liquor and photo studios, and internet service access points." * *Retail Sale of Goods: "Drug, book., delicatessen, stationery, liquor, florist, or specialty apparel shops, sporting goods, hardware, radio and TV stores, electronic stores, or any other place where goods are sold to the public at retail, and that are not listed as a separate use (for example, are not listed as a Personal Service Outlet) in the Land Use Code." +Building Materials and Landscaping: "A primary use of the land that includes the storage, repair, manufacture, rental and /or sales, (including contract or subcontract installation) of such items as cabinets, kitchen appliances, plumbing fixtures, electrical fixtures, saunas, Jacuzzis, pools, glass, furniture, office equipment, sheet metal, roofing, carpet and tile, decorative steel, masonry, sheetrock, paints, insulation, concrete products, solar energy equipment nursery stocks, hardware, lumber, wholesale and catalog sales operations, landscaping, and yard equipment and supply dealers, or the operation of a business related to such items, and that does not meet the definition of a home occupation." + +General Services: "Warehouses, wholesale and retail storage (with distribution office on the premises), maintenance and storage garages, bulk cleaning and dry cleaning, repair shops, and printing presses. This use also includes business related to the production, storage distribution, and wholesale sale of food product, including a food and liquor residential delivery service, a catering business, a restaurant /bar supply service, a wholesale farm and ranch co -op, a creamery, a bakery with no retail outlet, a cold storage locker, and meat and other food, vegetable, or liquid processing." Ju0J32 ASPEN VILLAGE HOMEOWNERS ASSOCITION Mr. Richard E Jackson President To Pitkin County Zoning Mr. Don Crouch the owner the Aspen Village Homeowners Association (AVHOA) has come before us to ask support for his request to re zone his property where The Aspen Quick Mart is located. His request is to change his property to B -1 (Rural Business) this would allow him to upgrade his business to better serve the area. His business has been a great addition to our area by providing the connivance of a local store for our last minute needs. Providing a location for us to buy gas, pick up our newspapers, and get that quick hot dog, a place to wait for the bus in bad weather. He and his staff have made his store a very good addition for our home owners. Because of his service to the subdivision we are asking that you consider his application with our support. We do ask that we would be considered a part of his ongoing application. The B -1 zone allows for a large increase in sq ft allowed which we would not like to see it built out to its fullest. We would like to work with Mr. Crouch to make his store a great place for our subdivision. Richard E Jackson President Aspen Village Homeowners Assocition JuU633 lu1045M8171 ►IDiu31 TO: Board of County Commissioners Regular Meeting — March 28, 2012 THRU: Cindy Houben, Community Development Director FROM: Lance Clarke CAssistant Director Community Development RE: Aspen Quick Mart Rezoning, First Reading REQUEST: The Applicant is requesting approval to rezone the Aspen Quick Mart facility on Highway 82 at Aspen Village to B -1, Rural Business. APPLICANT: Don and Linda Crouch, Owners REPRESENTATIVE: Alan Richman LOCATION: Aspen Village Commercial Parcel, 31336 Highway 82 ZONING/LOT SIZE: AR -10 / 54,798 sq. ft. PROCESS: Two -step review by the Planning Commission and the Board of County Commissioners PLANNING AND ZONING RECOMMENDATION: The P &Z reviewed this request on February 28, 2012 (Staff Memo, Attachment B and P &Z Meeting Minutes, Attachment C). The P &Z recommended approval by a 4 -0 vote. The Staff memo to the P &Z and the P &Z recommendation also address a Special Review approval for the existing gas station. Ultimately, the Applicant also needs this Special Review approval. This can be considered at the same time as the 2nd reading of the rezoning on May 9, 2012, as the Special Review requires only one hearing and does not require action today. RECOMMENDATION: Staff and the Planning Commission recommend that the BOCC approve the attached rezoning ordinance on first reading and set for second reading and public hearing on May 9, 2012. ATTACHMENTS A. Rezoning Ordinance B. Staff Memo to Planning and Zoning Commission dated February 28, 2012 C. Planning and Zoning Commission Meeting Minutes —February 28, 2012 lmcec /cases /crouchrezone_BOCCmemo 1st doc /% k -L&1 -a QV+ A ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, REZONING THE ASPEN VILLAGE COMMERCIAL PARCEL (QUICK MART) FROM THE AR -10 ZONE DISTRICT TO THE B -1 ZONE DISTRICT Ordinance No. -2012 RECITALS 1. Don and Linda Crouch ( "Applicants ") have applied to the Board of County Commissioners of Pitkin County, Colorado ('BOCC ") to rezone the Aspen Village Quick Mart parcel to B -1, Rural Business. 2. The property is located at 31336 Highway 82, and is described as the Commercial Parcel, Aspen Village Subdivision, according to the plat thereof recorded May 28, 1996, in Plat Book 39, Page 73. 3. The Pitkin County Planning and Zoning Commission considered the proposed rezoning at a regularly scheduled meeting on February 28, 2012, and recommended approval by a vote of 4 -0. 4. The BOCC considered the proposed rezoning on first reading at a public meeting on March 28'", 2012, and on second reading at a public hearing on May 9, 2012. 5. The BOCC finds that the proposed land is appropriate for the B -1 zone district designation as it meets the intent of this zone district. 6. The BOCC further finds that the rezoning is consistent with Sections 2- 30 -40(i) and 2- 40- 10(c)(2) of the Pitkin County Land Use Code. NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby rezones the Aspen Village Commercial Parcel from AR -10 to B -1, Rural Business, as shown in Exhibit A. NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the _day of 2012. INTRODUCED AND FIRST READ AT A PUBLIC MEETING on the 28`h day of March, 2012. APPROVED AND ADOPTED AFTER SECOND READING AT A PUBLIC HEARING on the 9`s day of May, 2012 PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the _ day of 12012. THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. Z Ordinance No. _ -2012 Page 2 ATTEST: Jeanette Jones, Clerk to the BOCC APPROVED AS TO FORM: John Ely, County Attorney P006 -12 PID 264306402002 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Rv Michael Owsley, Chairman Date APPROVED AS TO CONTENT: Cindy Houbenr Community Development Director N MEMORANDUM TO: Pitkin County Planning and Zoning Commission FROM: Lance Clark &istant Director RE: Aspen Quick Mart Rezoning/Special Review for Automobile Service Station DATE: February 28, 2012 REQUEST: The Applicant is requesting approval to rezone the Aspen Quick Mart property on Highway 82 at Aspen Village to B -1, Rural Business, and to receive Special Review approval for the existing gas station use. APPLICANT: Don and Linda Crouch REPRESENTATIVE: Alan Richman LOCATION: Aspen Village Commercial Parcel ZONING/LOT SIZE: AR -10 / 54,798 sq. ft. PROCEDURE/PROCESS: A request to rezone is a two step review process. The first step involves review and recommendation by the Planning and Zoning Commission. This meeting is not a public hearing. After the Planning and Zoning Commission makes its recommendation, the request is reviewed by the Board of County Commissioners at a public hearing. Upon Board review, if substantial changes are made from the original recommendation, the changes shall be submitted back to the Planning and Zoning Commission for approval, recommendation, or suggestions and brought back to the Board of County Commissioners for final review. BACKGROUND: The property has been used for years as a commercial site, mostly a gas station and "convenience store ". The property has never been zoned commercially and has operated as a legal non - conforming use. There have been previous requests for a rezoning to B -2 which were denied. The denials were primarily based on the concern that the B -2 District was too intensive in its allowed uses and sizes to be appropriate for the site. Don crouch was active in the Code rewrite process leading up to the adoption in 2006 of the "new code ", urging that some sort of neighborhood /rural business zone district be created that would be applicable to the few small existing commercial sites in the County like the Quick Mart. Staff did create such a district, called the B -1 (Rural Business /Small Business) District. The Intent of this district says, "The B -1 zone district applies to pre- existing commercial properties limited to the Woody Creek restaurant and Store, the Aspen Village Quick Mart, and those existing properties in Meredith and Thomasville." This district allows much lower intensity development than the previous B- 1 district or the B -2 district. An automobile Service Station is a Special Review Use in the B -I District. The rezoning by itself will not remove the "legal non - conforming" status of the gas station. A special review approval must accompany the rezoning to make all current activities on the site conforming. J EXISTING CONDITIONS: Currently on the parcel are a gas station, a fuel pump canopy, and a convenience store. Through the years there have been other temporary commercial uses, such as a landscaper's storage and staging area, and a "fruit stand ". PROPOSAL: The applicant desires the rezoning and special review approval to remove the non- conforming status and to allow for planning of future uses and/or redevelopment. STAFF COMMENTS: REZONING: The proposed rezoning must comply with the following standards of Sections 2- 30 -40(i) and 2- 40 -10(c) (2 &3): See. 2 -30 -40 (i). An application for two -step review shall be recommended for approval and shall be approved if it complies with (a) All applicable provisions of this Land Use Code; (b) All applicable Land Use Policies listed in Section 1 -60; and (c) All prior development approvals applicable to the subject property. Response: The applicable provisions of the Code are addressed throughout this memorandum. The Applicant asserts that the proposal is consistent with the County's policies for the reasons stated in the application. Staff feels that Policy 1- 60 -20: "Conformance with the Pitkin County Comprehensive Plan" is the most appropriate policy for this request. The applicable comprehensive Plan is the 1987 "Down Valley Comprehensive Plan" (DVCP). This Plan is not explicitly supportive of rural commercial zoning and uses, but the 2006 Land Use Code acknowledged the appropriateness of certain pre- existing commercial uses; the Aspen Quick Mart being one of those uses. See. 2 -40 -10 (e) (2). In addition to complying with the provisions of Sec. 2- 30 -40(i) in connection with each proposed rezoning, the Board shall consider the following: (a) Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood that support the proposed amendment; Response: The neighborhood conditions and surroundings have changed little over the years, but the Land Use Code was changed in 2006 to create a new zone district specifically tailored to pre- existing small commercial uses in the rural area. The Quick Mart is one of the named uses. The rezoning was not done at the time of the adoption of the 2006 Code. It was determined that the Code adoption process would be a "text" only adoption and that any rezoning would be considered separately. (b) The effect of the proposed rezoning and development on traffic generation and road safety. Response: There is no proposed addition or redevelopment accompanying this rezoning request, so there will be no additional impacts at this time. Any future proposed changes will be subject to the site plan, GMQS, and perhaps special review approval. Impacts will be evaluated at that time for appropriateness. 4- Sec. 2 -40 -10 (c) (3). A proposed rezoning shall not be approved, and should not be recommended for approval, unless the decision making body finds that the proposed rezoning will result in development or activities that: (a) Are consistent with the applicable Pitkin County Master Plan(s); Response: The Down Valley Comprehensive Plan (1987) discouraged rural commercial uses and recommended they remain non - conforming. This Plan has not been formally revisited, but the adoption of the 2006 land Use Code with its creation of a Rural Business zone district with an intent section that specifically states the potential appropriateness of this district for the Quick Mart and other pre- existing commercial uses that are oriented to the local population in the Rural Areas, indicates a new and different direction from the DVCP. (b) Are consistent with all applicable sections of this Land Use Code; Response: The proposed rezoning would be consistent with the intent section of the B -1 district, where the Aspen Quick Mart is specifically mentioned as a site for consideration for rezoning to this district. (c) Are compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics; Response: The use has established compatibility with the neighborhood characteristics over time as Aspen Village has matured, Highway 82 has been widened, the Fire Station has been added in the area, and as the RFTA Park and Ride facility has been developed. (d) Do not exceed the capacity of such public facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities; Response: No plans for additions or redevelopment are part of this application. Any future development would be subject to review for sufficiency of all public and private facilities. (e) Do not result in significant adverse impacts on the natural environment; Response: The rezoning will not result in any adverse impacts on the natural environment. Future development proposals will be reviewed for impacts. 69 Are consistent and compatible with the community character; and (g) Do not conflict with the public interest. Response: Staff has not received any comments from the public on this application. The Aspen Village Metro District/ Homeowner's Association has provided a letter in support of the request. SPECIAL REVIEW: The proposed special review use must comply with the procedures of Section 2- 40-20 and the standards of Section 2- 30 -30. A. The special review use shall be consistent with the applicable County Master Plan. Response: As mentioned in the rezoning analysis above and in the applicant's report, the 25 year old Down Valley Comprehensive Plan would be the applicable plan for this property. This plan did not specifically support "highway oriented" down valley commercial uses such as the Quick Mart. There is a question as to the extent that this facility is "highway oriented" vs. "neighborhood oriented" as it has served as a local gathering spot for the Aspen Village community and surrounding neighborhoods. It would seem that thinking about some of these types of existing uses has changed, as the 2006 LUC specifically calls out the Quick Mart as a site that could be appropriate for a rezoning to B -1, Rural Business. This indicates acknowledgement of its existence and continuance. The gas station has always been a part of this development. No changes in the gas station are proposed. B. The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Chapter 1. Response: There are no Code conflicts. The conformance with policies is addressed in the rezoning analysis and the application. C. The proposed development must not materially endanger the public health, safety or welfare. D. The proposed development must not substantially injure the value of adjoining or abutting property. Response: The gas station use has operated in this location for 40 years. There is no evidence it has endangered health, safety, or welfare, or injured property values. E. The special review use shall be consistent with the intent of the Zone District in which it is proposed to be located Response: The B -1 district specifically allows gas stations, subject to special review. F. The special review use shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Response: The uses on the property have been in place for decades, establishing the compatibility, and becoming part of the character over time. The location serves the Aspen Village community, fire district substation, RFTA park `n ride, and surrounding residences. G. The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air/water pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. Response: At this time there are no proposed changes to the gas station or convenience store. There have been minimal negative effects from the existing uses. Any new uses or expansions will be subject to Growth Management and Site Plan Review. K There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. N Response: Facilities have proved to be adequate for existing uses. No changes are proposed. Any changes will be subject to additional impact review, either through GMQS, Site Plan, or further Special Review. Even the gas station facilities could not be expanded without further Special Review. The proposed special review use must comply with any additional standards or requirements stated for such use in Sec. 4 -30 and/or Sec. 2- 40 -20. Response: There are no additional applicable standards. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission adopt a motion to recommend approval of the proposed rezoning and special review to the BOCC. Attachments Zoning Comments Application provided separately Fax 3613.44#", eo&cada 81612 February 22, 2012 ;VQa"6egf Sen A&" P4one 1_774X 1970920- 1125 uacc4W4*a@d4A'Z - #W Mr. Lance Clarke, Deputy Director Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: SPECIAL REVIEW APPLICATION FOR AUTOMOBILE SERVICE STATION AT ASPEN QUICK MART PROPERTY Dear Lance, This is an application requesting special review approval for the existing automobile service station at the Aspen Quick Mart property, located at 31336 State Highway 82, Snowmass. The Parcel ID# for this property is 264306402002. This application is intended to accompany the application we have previously submitted to the County requesting that the property be rezoned to B -1. This application is being submitted based on the direction you have provided to us indicating that the existing use requires special review approval to remove its non - conforming status. The application is being submitted by Don and Linda Crouch, the owners of the property (hereinafter, "the applicants "). The applicants are being represented by Alan Richman Planning Services for this application. Proof of the ownership of the property and the applicants' authorization for the representative have previously been submitted to you. Special Review The Land Use Code lists "automobile service station" as a use allowed by special review in the B -1 zone district. The applicants do not propose any changes to the existing gas station at this time. Instead, this application merely seeks to bring the existing gas station into conformance with use limitations of the B -1 zone district. The standards for special review are listed in Section 2 -30 -30 (h) (2) of the Land Use Code. The applicants' responses to these standards follow below. (a) The special review use shall be consistent with the applicable County Master Plan. Mr. Lance Clarke February 22, 2012 Page Two Response: As explained in the rezoning application, there is no single County Master Plan document that can be used as a reference point for determining the consistency of this property and its existing uses with adopted plans. Instead it is necessary to consider several adopted County plans that address this part of the County. The Down Valley Comprehensive Plan (DVCP), which addresses the entire rural portion of the County, is more than 25 years old. While many of its policies remain as valid today as they were in 1986, some of its recommendations are clearly dated and have been superseded by more recent thinking. For example, the DVCP recommends that pre- existing non - conforming land uses along SH 82 should not be designated on the Future Land Use Map and should remain non - conforming because they are highway oriented (p.67). However, the Snowmass Conoco, which was one of the uses specifically listed in the DVCP that should remain conforming, was rezoned from AFR -10 to B -2 in 1993, eliminating its non - conforming status. The BOCC found at the time that the Snowmass Conoco was not necessarily a highway oriented commercial use but instead served as a neighborhood oriented use for the Snowmass area. The DVCP did not specifically list the Quick Mart gas station and convenience store as pre- existing commercial uses that should remain non - conforming (although its "Cluster Residential designation on the Future Land Use Map had that effect). The applicant has previously suggested that this may be because the Aspen Village Quick Mart has always served a strong local clientele. The store and gas station have served the neighborhood and have provided a local gathering place, transit stop, and school bus loading and staging area for many years, offering functions that are similar to the neighborhood orientation of the gas station and convenience store at the Snowmass Conoco. In 2003, the Pitkin County Comprehensive Plan was adopted. That plan is a compilation of other plans the County has adopted, including plans prepared by Caucus groups and other plans prepared by the County for specific areas of the County. A fundamental element of the 2003 Comprehensive Plan is its description of the common themes among the various adopted County plans. The Comprehensive Plan identifies the overall policy of the County with respect to commercial development being to "Direct new commercial uses to lands within the adopted urban growth boundaries ". However, it goes on to state that some of the Caucus plans have recognized the value of small scale commercial activities in their neighborhoods. For example, the Snowmass Capitol Creek Plan now recognizes the value of the Snowmass Conoco as a neighborhood - serving commercial use. While there is no specific caucus plan that recognizes the importance of the Aspen Village Quick Mart, we would suggest that the gas station and store also represent commercial uses that serve the surrounding neighborhood while remaining compatible with the rural character of the area. Mr. Lance Clarke February 22, 2012 Page Three (b) The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Chapter 1. Response: To the best of the applicant's knowledge, the gas station does not conflict with any of the adopted standards or policies of the County Land Use Code. In fact, the purpose of this application is to remove an existing non - conformity and make the gas station an approved special review use. (c) The proposed development must not materially endanger the public health, safety or welfare. (d) The proposed development must not substantially injure the value of adjoining or abutting property. Response: The gas station has operated on this property since 1971, a period of more than forty (40) years. This operation has not endangered the public health, safety or welfare during this time nor has it injured the value of adjoining property. Rather, it has served the public interest by providing a convenience service to residents of the immediate neighborhood and highway - oriented services to those travelling along SH 82. (e) The special review use shall be consistent with the intent of the Zone District in which it is proposed to be located. Response: As explained in the rezoning application, the revised B -1 zone district that was adopted as part of the 2006 Pitkin County Land Use Code includes the following intent statement: "The B -1 zone district applies to pre- existing commercial properties limited to the Woody Creek Restaurant and Store, the Aspen Village Quick Mart and those existing properties in Meredith and Thomasville. This rural commercial zone district acknowledges the existence of these commercial properties for limited, small scale operations that are consistent with the Pitkin County Comprehensive Plan and that are primarily oriented to the local population in the Rural Areas." The continued presence of the existing gas station on this property represents the kind of limited, small scale commercial operation contemplated by the Land Use Code for properties zoned B -1. (t) The special review use shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. /Z_ Mr. Lance Clarke February 22, 2012 Page Four Response: The subject property is surrounded by Aspen Village, a residential subdivision containing approximately 150 residences, a RFTA park and ride facility, an Aspen Fire Protection sub - station, and scattered rural residential properties. Further afield, residents of Woody Creek, Snowmass Canyon, and Brush Creek Village also are within a several mile radius of the property. The convenience store and gasoline station provide basic needed services to residents of all of these areas and to transit riders (both school children and RFTA commuters) who use the store on a regular basis. The applicants do not have any plans to make major changes to the existing uses at this time. The Quick Mart is a small scale commercial building that fits with the rural character of the area. Moreover, as explained in the rezoning application, the comparatively less intense floor area allowed by the new B -1 zone district ensures that any future development that may be proposed for this property will be compatible with surrounding land uses and neighborhood characteristics. The applicants believe that approving the gas station as a special review use will allow the property to continue to serve as a neighborhood gathering place. It will enable to applicants to consider ways to diversify the services the property offers so it can serve the neighborhood in a more effective manner. This would be consistent with current thinking in planning practice about the benefits of mixing residential and commercial uses together. Where in the past zoning experts sought to separate uses into distinct areas of a community, today's zoning practice recognizes the value of having limited commercial uses close to residences and at key transit nodes, so residents don't always need to get in their car to meet their needs. (g) The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimize adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, aidwater pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. Response: There are no changes planned to the gas station at this time so there will be no additional impacts from this use beyond what is present today. (h) There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. /3 Mr. Lance Clarke February 22, 2012 Page Five Response: There are no plans for changes to the site that would cause the capacity of any of the above - listed facilities to be exceeded. Should the applicants propose any new uses for the property or any expansion of the building, those plans will be subject to review pursuant to the Growth Management Quota System, which is designed to ensure that all such impacts are mitigated by the applicant at no cost to the public. (i) The proposed special review use must comply with any additional standards or requirements stated for such use in Sec. 4 -30 and/or Sec. 2- 40 -20. Response: There are no additional standards listed for this use in Sec. 4 -30-40 that apply to the B -1 zone district. The applicant agrees to comply with the other provisions of Sec. 2- 40 -20, Special Review Use, that apply to this proposal. Conclusion I believe the above responses and the previously- submitted rezoning documents provide the information you require to process this application. If there is anything else you need, please do not hesitate to contact me. Very truly yours, ALAN RICHMAN PLANNING SERVICES Alan Richman, AICP M E M O R A N D U M TO: Lance Clarke, Assistant Director, Com Dev FROM: Joanna S. Schaffner, Zoning Officer DATE: February 8, 2012 RE: Rezoning of the Aspen Quick Mart Parcel ID# 2643- 064 -02 -002 I have reviewed the above referenced application and offer the following comments. Setbacks: A rezoning from the AR -10 zone to the B -1 zone will result in a reduction in Side and Rear Yard setback requirements. Setback: Front Side Rear AR -10 zone: 30' 20' 30' B -1 zone: 30' 10' 10' Development on this parcel is impacted by the 100' Arterial Highway setback measured from the Highway 82 right -of -way. Setback variances from the Board of Adjustment may be required prior to the redevelopment of the site. Floor Area: The applicant has represented that based on the size of the parcel, a total of 6,750 sq ft of floor area is allowed under the B -1 zone. Additionally, a 1,000 sq ft exemption from floor area calculations is available for gas station canopies pursuant to Section 5- 20- 70(f). Uses: The following Allowed and Special Review Uses are subject to the requirements of Chapter 4 of the LUC as indicated below. Uses Allowed in the B -1 zone district: Commercial Firewood splitting Public Utilities, Minor Restaurant and /or Bar Office Arts and Crafts Studio, Primary and Accessory Personal Service Outlet* Retail Sale of Goods ** Agricultural Stand Home Occupation /S 4- 30 -20c 4- 30 -30f 4- 30 -40u 4- 30 -40p 4- 30 -40h 4- 30 -40r 4- 30 -40v 4- 30 -50b 4- 30 -50f Special Review Uses in the B -1 Zone: Multi- family dwelling unit 4- 30 -10d Dormitory housing Kennel or Veterinary Clinic 4- 30 -20e Day Care Center Educational Class 4- 30 -30b Public Facilities, Major 4- 30 -30e Public Utilities, Major Sewage Disposal Area or Water Facility Transit Facility Adult Entertainment Establishment 4- 30 -40a Amusement or Entertainment Establishment 4- 30 -40b Building Materials and Landscaping+ 4- 30 -40e General Services ++ 4- 30 -40k Automobile Service Station 4- 30 -40c Cellular Telephone Facility 4- 30 -40g Radio or TV Transmitting Station 4- 30 -40r Use by Federal Permit Building Mounted Cellular Telephone Antennae 4- 30 -50c Bus Stop Employee Dwelling Unit Wind Powered Electric Generator 4- 30 -50j Micro Hydro Electric Energy System 4- 30 -50k Snow Storage /Dumping Trucking 4 -30 -501 All other Uses are Prohibited in the B -1 zone district. Chapter 11 of the Land Use Code defines the following Uses as: *Personal Service Outlets: "Establishments that provide services and goods related to household living or everyday needs. Examples of personal service outlets include post office substations, self service laundries, dry- cleaning collection and distribution stations, barber and beauty shops, shoe repair shops, grocery, drug and liquor and photo studios, and internet service access points." ••Retail Sale of Goods: "Drug, book, delicatessen, stationery, liquor, florist, or specialty apparel shops, sporting goods, hardware, radio and TV stores, electronic stores, or any other place where goods are sold to the public at retail, and that are not listed as a separate use (for example, are not listed as a Personal Service outlet) in the Land Use Code." +Building Materials and Landscaping: "A primary use of the land that includes the storage, repair, manufacture, rental and /or sales, (including contract or subcontract installation) of such items as cabinets, kitchen appliances, plumbing fixtures, electrical fixtures, saunas, Jacuzzis, pools, glass, furniture, office equipment, sheet metal, roofing, carpet and tile, decorative steel, masonry, sheetrock, paints, insulation, concrete products, solar energy equipment nursery stocks, hardware, lumber, wholesale and catalog sales operations, landscaping, and yard equipment and supply dealers, or the operation of a business related to such items, and that does not meet the definition of a home occupation." + +General Services: "Warehouses, wholesale and retail storage (with distribution office on the premises), maintenance and storage garages, bulk cleaning and dry cleaning, repair shops, and printing presses. This use also includes business related to the production, storage distribution, and wholesale sale of food product, including a food and liquor residential delivery service, a catering business, a restaurant /bar supply service, a wholesale farm and ranch co -op, a creamery, a bakery with no retail outlet, a cold storage locker, and meat and other food, vegetable, or liquid processing." l c� ASPEN VILLAGE HOMEOWNERS ASSOCITION Mr. Richard E Jackson President To Pitkin County Zoning Mr. Don Crouch the owner the Aspen Village Homeowners Association (AVHOA) has come before us to ask support for his request to re zone his property where The Aspen Quick Mart is located. His request is to change his property to B -1 (Rural Business) this would allow him to upgrade his business to better serve the area. His business has been a great addition to our area by providing the connivance of a local store for our last minute needs. Providing a location for us to buy gas, pick up our newspapers, and get that quick hot dog, a place to wait for the bus in bad weather. He and his staff have made his store a very good addition for our home owners. Because of his service to the subdivision we are asking that you consider his application with our support. We do ask that we would be considered a part of his ongoing application. The B -1 zone allows for a large increase in sq ft allowed which we would not like to see it built out to its fullest. We would like to work with Mr. Crouch to make his store a great place for our subdivision. Richard E Jackson President Aspen Village Homeowners Assocition 7 G COUNTY PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, FEBRUARY 28, 2012 PLAZA ONE CONFERENCE ROOM Commissioners Present: Staff Present: John Howard Lance Clarke Ben Genshaft Michelle Bonfils Thibeault Mirte Mallory I. CALL TO ORDER: Acting Chairman Howard called the Planning and Zoning Commission meeting to order at 5:00 P.M. II. COMMENTS: A. COMMISSIONERS: Mallory talked of the City adoption of the AACP and asked about the status of the "West of Maroon" planning. Clarke responded that Houben updated the P &Z at the last meeting, and that probably the P &Z would meet later in March to begin discussions. B. PLANNING STAFF: C. PUBLIC: No "public" present III. MINUTES: 1. February 14, 2012 approved by a unanimous vote. IV. NEW BUSINESS: 1. CROUCH (ASPEN QUICK MART) REZONING FROM AR -10 TO B -1 STAFF PERSON: LANCE CLARKE ➢ Applicant: Don and Linda Crouch ➢ Applicant's Representatives: Alan Richman ➢ Summary of Request: The Applicant is requesting approval to rezone the Aspen Quick Mart property on Highway 82 at Aspen Village to B -1, Rural Business, and to receive Special Review approval for the existing gas station use. Mr. Clarke proceeded to summarize the request and staff s recommendation, explaining the history of the use, its non - conforming status, and Mr. Crouch's efforts through the years to remove the "stigma" of being a non - conforming commercial use. Genshaft asked what being non - conforming actually meant in terms of ability to change and make modifications. Clarke explained that any changes would require specific BOCC approval. Alan Richman discussed the new B -1 district and its less intensive nature from previous B -1 and B -2 districts. He said that Mr. Crouch wanted to be able to plan for redevelopment with some certainty regarding the type and size of development that might be approved. Mallory asked what kinds of uses Mr. Crouch might be contemplating. Crouch said maybe a car wash, better food service, maybe a liquor store. Howard stated that the B -1 zone district was created in 2006 with the Quick Mart in mind. The Quick Mart is a "zoning orphan ", the Down Valley Plan is 37 years old and really not relevant to the current situation. Commissioner Mallory moved to accept staff's recommendation of the ASPEN QUICK MART REZONING /SPECIAL REVIEW FOR AUTOMOBILE SERVICE STATION Commissioner Genshaft seconded. Chairman Howard called the question, and the motion passed 4 to 0. V. ADJOURN: The meeting adjourned at 6:00 P.M. MEMORANDUM TO: Pitkin County Planning and Zoning Commission FROM: Lance ClarkAssistant Director RE: Aspen Quick Mart Rezoning/Special Review for Automobile Service Station DATE: February 28, 2012 REQUEST: The Applicant is requesting approval to rezone the Aspen Quick Mart property on Highway 82 at Aspen Village to B -1, Rural Business, and to receive Special Review approval for the existing gas station use. APPLICANT: Don and Linda Crouch REPRESENTATIVE: Alan Richman LOCATION: Aspen Village Commercial Parcel ZONING/LOT SIZE: AR -10 / 54,798 sq. ft. PROCEDURE/PROCESS: A request to rezone is a two step review process. The first step involves review and recommendation by the Planning and Zoning Commission. This meeting is not a public hearing. After the Planning and Zoning Commission makes its recommendation, the request is reviewed by the Board of County Commissioners at a public hearing. Upon Board review, if substantial changes are made from the original recommendation, the changes shall be submitted back to the Planning and Zoning Commission for approval, recommendation, or suggestions and brought back to the Board of County Commissioners for final review. BACKGROUND: The property has been used for years as a commercial site, mostly a gas station and "convenience store ". The property has never been zoned commercially and has operated as a legal non- conforming use. There have been previous requests for a rezoning to B -2 which were denied. The denials were primarily based on the concern that the B -2 District was too intensive in its allowed uses and sizes to be appropriate for the site. Don crouch was active in the Code rewrite process leading up to the adoption in 2006 of the "new code ", urging that some sort of neighborhood /rural business zone district be created that would be applicable to the few small existing commercial sites in the County like the Quick Mart. Staff did create such a district, called the B -1 (Rural Business /Small Business) District. The Intent of this district says, "The B -1 zone district applies to pre- existing commercial properties limited to the Woody Creek restaurant and Store, the Aspen Village Quick Mart, and those existing properties in Meredith and Thomasville." This district allows much lower intensity development than the previous B- 1 district or the B -2 district. An automobile Service Station is a Special Review Use in the B -1 District. The rezoning by itself will not remove the "legal non - conforming" status of the gas station. A special review approval must accompany the rezoning to make all current activities on the site conforming. Jcanne zIz3(lZ� I v EXISTING CONDITIONS: Currently on the parcel are a gas station, a fuel pump canopy, and a convenience store. Through the years there have been other temporary commercial uses, such as a landscaper's storage and staging area, and a "fruit stand ". PROPOSAL: The applicant desires the rezoning and special review approval to remove the non- conforming status and to allow for planning of future uses and/or redevelopment. STAFF COMMENTS: REZONING: The proposed rezoning must comply with the following standards of Sections 2- 30 -40(i) and 2- 40 -10(c) (2 &3): Sec. 2 -30 -40 (i). An application for two -step review shall be recommended for approval and shall be approved if it complies with (a) All applicable provisions of this Land Use Code; (b) All applicable Land Use Policies listed in Section 1 -60; and (c) All prior development approvals applicable to the subject property. Response: The applicable provisions of the Code are addressed throughout this memorandum. The Applicant asserts that the proposal is consistent with the County's policies for the reasons stated in the application. Staff feels that Policy 1- 60 -20: "Conformance with the Pitkin County Comprehensive Plan" is the most appropriate policy for this request. The applicable comprehensive Plan is the 1987 "Down Valley Comprehensive Plan" (DVCP). This Plan is not explicitly supportive of rural commercial zoning and uses, but the 2006 Land Use Code acknowledged the appropriateness of certain pre- existing commercial uses; the Aspen Quick Mart being one of those uses. Sec. 2 -40-10 (c) (2). In addition to complying with the provisions of Sec. 2- 30 -40(i) in connection with each proposed rezoning, the Board shall consider the following: (a) Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood that support the proposed amendment; Response: The neighborhood conditions and surroundings have changed little over the years, but the Land Use Code was changed in 2006 to create a new zone district specifically tailored to pre- existing small commercial uses in the rural area. The Quick Mart is one of the named uses. The rezoning was not done at the time of the adoption of the 2006 Code. It was determined that the Code adoption process would be a "text" only adoption and that any rezoning would be considered separately. (b) The effect of the proposed rezoning and development on traffic generation and road safety. Response: There is no proposed addition or redevelopment accompanying this rezoning request, so there will be no additional impacts at this time. Any future proposed changes will be subject to the site plan, GMQS, and perhaps special review approval. Impacts will be evaluated at that time for appropriateness. Z_ See. 2 -40 -10 (c) (3). A proposed rezoning shall not be approved, and should not be recommended for approval, unless the decision making body finds that the proposed rezoning will result in development or activities that: (a) Are consistent with the applicable Pitkin County Master Plan(s); Response: The Down Valley Comprehensive Plan (1987) discouraged rural commercial uses and recommended they remain non - conforming. This Plan has not been formally revisited, but the adoption of the 2006 land Use Code with its creation of a Rural Business zone district with an intent section that specifically states the potential appropriateness of this district for the Quick Mart and other pre- existing commercial uses that are oriented to the local population in the Rural Areas, indicates a new and different direction from the DVCP. (b) Are consistent with all applicable sections of this Land Use Code; Response: The proposed rezoning would be consistent with the intent section of the B -1 district, where the Aspen Quick Mart is specifically mentioned as a site for consideration for rezoning to this district. (c) Are compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics; Response: The use has established compatibility with the neighborhood characteristics over time as Aspen Village has matured, Highway 82 has been widened, the Fire Station has been added in the area, and as the RFTA Park and Ride facility has been developed. (d) Do not exceed the capacity of such public facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities; Response: No plans for additions or redevelopment are part of this application. Any future development would be subject to review for sufficiency of all public and private facilities. (e) Do not result in significant adverse impacts on the natural environment; Response: The rezoning will not result in any adverse impacts on the natural environment. Future development proposals will be reviewed for impacts. (n Are consistent and compatible with the community character; and (g) Do not conflict with the public interest. Response: Staff has not received any comments from the public on this application. The Aspen Village Metro District/ Homeowner's Association has provided a letter in support of the request. SPECIAL REVIEW: The proposed special review use must comply with the procedures of Section 2- 40-20 and the standards of Section 2- 30 -30. A. The special review use shall be consistent with the applicable County Master Plan. Response: As mentioned in the rezoning analysis above and in the applicant's report, the 25 year old 3 Down Valley Comprehensive Plan would be the applicable plan for this property. This plan did not specifically support "highway oriented" down valley commercial uses such as the Quick Mart. There is a question as to the extent that this facility is "highway oriented" vs. "neighborhood oriented" as it has served as a local gathering spot for the Aspen Village community and surrounding neighborhoods. It would seem that thinking about some of these types of existing uses has changed, as the 2006 LUC specifically calls out the Quick Mart as a site that could be appropriate for a rezoning to B -1, Rural Business. This indicates acknowledgement of its existence and continuance. The gas station has always been a part of this development. No changes in the gas station are proposed. B. The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Chapter 1. Response: There are no Code conflicts. The conformance with policies is addressed in the rezoning analysis and the application. C. The proposed development must not materially endanger the public health, safety or welfare. D. The proposed development must not substantially injure the value of adjoining or abutting property. Response: The gas station use has operated in this location for 40 years. There is no evidence it has endangered health, safety, or welfare, or injured property values. E. The special review use shall be consistent with the intent of the Zone District in which it is proposed to be located Response: The B -1 district specifically allows gas stations, subject to special review. F The special review use shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Response: The uses on the property have been in place for decades, establishing the compatibility, and becoming part of the character over time. The location serves the Aspen Village community, fire district substation, RFTA park `n ride, and surrounding residences. G. The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air /water pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. Response: At this time there are no proposed changes to the gas station or convenience store. There have been minimal negative effects from the existing uses. Any new uses or expansions will be subject to Growth Management and Site Plan Review. H There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. M Response: Facilities have proved to be adequate for existing uses. No changes are proposed. Any changes will be subject to additional impact review, either through GMQS, Site Plan, or further Special Review. Even the gas station facilities could not be expanded without further Special Review. The proposed special review use must comply with any additional standards or requirements stated for such use in Sec. 4 -30 and/or Sec. 2- 40 -20. Response: There are no additional applicable standards. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission adopt a motion to recommend approval of the proposed rezoning and special review to the BOCC. Attachments Zoning Comments Application provided separately M E M O R A N D U M TO: Lance Clarke, Assistant Director, Com Dev FROM: Joanna S. Schaffner, Zoning Officer DATE: February 8, 2012 RE: Rezoning of the Aspen Quick Mart Parcel IN 2643- 064 -02 -002 I have reviewed the above referenced application and offer the following comments. Setbacks: A rezoning from the AR -10 zone reduction in Side and Rear Yard Setback: Front AR -10 zone: 30' B -1 zone: 30' o the B -1 zone will result in a setback requirements. Side Rear 20' 30' 10' 10' Development on this parcel is impacted by the 100' Arterial Highway setback measured from the Highway 82 right -of -way. Setback variances from the Board of Adjustment may be required prior to the redevelopment of the site. Floor Area: The applicant has represented that based on the size of the parcel, a total of 6,750 sq ft of floor area is allowed under the B -1 zone. Additionally, a 1,000 sq ft exemption from floor area calculations is available for gas station canopies pursuant to Section 5- 20- 70(f). Uses: The following Allowed and Special Review Uses are subject to the requirements of Chapter 4 of the LUC as indicated below. Uses Allowed in the B -1 zone district: Commercial Firewood splitting 4- 30 -20c Public Utilities, Minor 4- 30 -30f Restaurant and /or Bar 4- 30 -40u Office 4- 30 -40p Arts and Crafts Studio, Primary and Accessory 4- 30 -40h Personal Service Outlet* 4- 30 -40r Retail Sale of Goods ** 4- 30 -40v Agricultural Stand 4- 30 -50b Home Occupation 4- 30 -50f E Special Review Uses in the B -1 Zone: Multi- family dwelling unit 4- 30 -10d Dormitory housing Kennel or Veterinary Clinic 4- 30 -20e Day Care Center Educational Class 4- 30 -30b Public Facilities, Major 4- 30 -30e Public Utilities, Major Sewage Disposal Area or Water Facility Transit Facility Adult Entertainment Establishment 4- 30 -40a Amusement or Entertainment Establishment 4- 30 -40b Building Materials and Landscaping+ 4- 30 -40e General Services ++ 4- 30 -40k Automobile Service Station 4- 30 -40c Cellular Telephone Facility 4- 30 -40g Radio or TV Transmitting Station 4- 30 -40r Use by Federal Permit Building Mounted Cellular Telephone Antennae 4- 30 -50c Bus Stop Employee Dwelling Unit Wind Powered Electric Generator 4- 30 -50j Micro Hydro Electric Energy System 4- 30 -50k Snow Storage /Dumping Trucking 4 -30 -501 All other Uses are Prohibited in the B -1 zone district. Chapter 11 of the Land Use Code defines the following uses as: *Personal Service Outlets: "Establishments that provide services and goods related to household living or everyday needs. Examples of personal service outlets include post office substations, self service laundries, dry - cleaning collection and distribution stations, barber and beauty shops, shoe repair shops, grocery, drug and liquor and photo studios, and internet service access points." * *Retail Sale of Goods: "Drug, book, delicatessen, stationery, liquor, florist, or specialty apparel shops, sporting goods, hardware, radio and TV stores, electronic stores, or any other place where goods are sold to the public at retail, and that are not listed as a separate use (for example, are not listed as a Personal Service Outlet) in the Land Use Code." +Building Materials and Landscaping: "A primary use of the land that includes the storage, repair, manufacture, rental and /or sales, (including contract or subcontract installation) of such items as cabinets, kitchen appliances, plumbing fixtures, electrical fixtures, saunas, Jacuzzis, pools, glass, furniture, office equipment, sheet metal, roofing, carpet and tile, decorative steel, masonry, sheetrock, paints, insulation, concrete products, solar energy equipment nursery stocks, hardware, lumber, wholesale and catalog sales operations, landscaping, and yard equipment and supply dealers, or the operation of a business related to such items, and that does not meet the definition of a home occupation." + +General Services: "Warehouses, wholesale and retail storage (with distribution office on the premises), maintenance and storage garages, bulk cleaning and dry cleaning, repair shops, and printing presses. This use also includes business related to the production, storage distribution, and wholesale sale of food product, including a food and liquor residential delivery service, a catering business, a restaurant /bar supply service, a wholesale farm and ranch co -op, a creamery, a bakery with no retail outlet, a cold storage locker, and meat and other food, vegetable, or liquid processing." E ASPEN VILLAGE QUICK MART REZONING FROM AR -10 TO B -1 SUBMITTED BY ALAN RICHMAN PLANNING SERVICES P.O. BOX 3613 ASPEN, COLORADO 81612 920 -1125 JANUARY, 2012 0000101 cal' &7 TABLE OF CONTENTS PAGE I. Introduction .................... ............................... 1 II. Site Description and Application Request ........................... 2 A. Site Description ............. ............................... 2 B. Application Request ......... ............................... 3 III. Rezoning of Property From AR -10 to B -1 ............................ 5 IV. Consistency With Land Use Policies .............................. 10 V. Conclusion .................... ............................... 12 EXHIBITS #1. Commitment for Title Insurance #2. Letter Authorizing Submission of Application #3. Pre - Application Conference Summary #4. BOCC Resolution No. 99 -29 DRAWINGS Vicinity Map Existing Conditions Map 000002 I. INTRODUCTION This is an application requesting rezoning of the Aspen Village Quick Mart property from AR -10 to B- 1(Rural Business). The street address of the property is 31336 State Highway 82 in Snowmass and its Parcel ID# is 264306402002. The property's legal description is as follows: COMMERCIAL PARCEL, ASPEN VILLAGE SUBDIVISION, according to the Plat thereof recorded May 28, 1996 in Plat Book 39 at Page 73 as Reception NO. 393065, except for the 0.156 acre property conveyed to the Colorado Department of Transportation. A vicinity map locating the property within its neighborhood is included within this application. The application is being submitted by Don and Linda Crouch, the owners of the property (hereinafter, "the applicants "). Proof of the ownership of the property is provided in the Special Warranty Deed, attached hereto as Exhibit #1. The applicants are being represented by Alan Richman Planning Services, Inc. for this application. A letter from the applicants confirming this arrangement is attached as Exhibit #2. The applicants conducted a pre - application conference with staff prior to the submission of this application. Staff issued a pre - application conference summary form for this project which is attached as Exhibit #3. That document indicates that the development review procedures established by the Pitkin County Land Use Code that apply to this project are as follows: Rezoning, pursuant to Section 2 -40 -10 (c). The applicant has also been asked to demonstrate that the proposal complies with the applicable Land Use Policies of Section 1 -60 of the Land Use Code. The following sections of this application identify the provisions of the Land Use Code that apply to this procedure and provide responses to the applicable County standards. First, however, a brief description of the property, including a review of prior land use actions taken with respect to the property, is presented below. Aspen Village Quick Mart B -1 Rezoning Application Page 1 000003 II. SITE DESCRIPTION AND APPLICATION REQUEST A. Site Description The Aspen Village Quick Mart property is a 1.258 acre (54,798 sq. ft.) lot located along State Highway 82. Surrounding uses include the Aspen Village residential neighborhood, scattered rural residential properties and the recently- constructed Fire District sub - station, all of which are shown on the vicinity map. When the property was originally created as part of the Aspen Village Subdivision it was 1.414 acres in size. However, a 0.156 acre portion of the parcel was conveyed to the Colorado Department of Transportation for improvements to Highway 82 resulting in the current parcel size and configuration. As the existing conditions drawing that accompanies this application shows, the property is an irregularly shaped parcel of land that is improved with a small commercial building that is approximately 1,500 sq. ft. in size. The property is generally flat and is paved. There are also some landscape features that accent the improvements on the property, including the grassy embankment below Aspen Village. The subject property has a long history of more than 45 years of being used as a commercial site. The building that is located on the property was originally constructed in 1966. At that time it was used as a laundromat that served primarily Aspen Village. In 1968 the laundromat was converted to a general store that sold groceries and general merchandise. Gas tanks were added in front of the store in 1971. In 1976 the store was purchased by a new owner and was re -named the Roaring Fork Grocery. During the 1980's a series of small improvements were made to the property. The store was remodeled and expanded in 1981, with the addition of bathrooms and a storage shed. Site improvements were made in 1984 -85, including landscaping and paving of the parking lot. The gas pumps were modernized in 1989 and the interior of the store was remodeled, including the addition of a walk -in cooler. In 1996 an application was submitted to subdivide Aspen Village and to rezone the subject property to B -2 (Business). The subdivision was approved, allowing the current owner to purchase the property. However, the rezoning application was not approved because there was no development plan presented for the property. Therefore, in 1998 the owners submitted an application requesting a rezoning to B -2 that was accompanied by plans for additional improvements to the property. These improvements included a small expansion of the store and the installation of a gas pump canopy. The BOCC denied the proposed rezoning but approved the proposed improvements, pursuant to BOCC Resolution 99 -29 (see Exhibit #4). Subsequently the applicants obtained a setback variance from the Board of Adjustment for these improvements and in 2000 the canopy was installed. The approved additions to the building have not been constructed. Aspen Village Quick Mart B -1 Rezoning Application Page 2 ODUUU4 B. Application Request The long- standing commercial use of the property is a non - conforming use in the AR -10 zone district. The applicants would like to remove the stigma of operating as a non- conforming use because it is quite challenging to run a successful business in this manner. The non - conforming status of the use makes it very difficult for the owners to obtain financing that would allow them to do long term planning for or improvements to their property. Getting such financing would have been problematic under the financial conditions in which businesses operated prior to Great Recession of 2008. In today's economic climate it has become even more complicated for a non - conforming business to receive financial support from investors. In addition, the recession that hit the local economy has been felt at the Quick Mart, resulting in lower business activity and leading these owners to seek additional ways to generate income from their business. The non - conforming status of the property also makes it challenging to plan to expand the business operations at the site. Over the years there have been several types of temporary commercial businesses that have operated out of this property. These uses have included a farm stand, a landscaping business, and a Christmas tree lot. Because the property is not zoned for commercial use it has been necessary to obtain permits for each of these activities as a temporary commercial use. This is time consuming and costly to accomplish, which becomes a dis- incentive for the owners who are looking for ways they can run a more successful business from this site. The applicants believe that this is an appropriate time for the County to rezone this property because of changes that were made to the Land Use Code in 2006. When the new Land Use Code was adopted at that time it included a new B -1 zone district. The intent statement for that zone district reads as follows: "The B -f zone district applies to pre- existing commercial properties limited to the Woody Creek Restaurant and Store, the Aspen Village Quick Mart and those existing properties in Meredith and Thomasville. This rural commercial zone district acknowledges the existence of these commercial properties for limited, small scale operations that are consistent with the Pitkin County Comprehensive Plan and that are primarily oriented to the local population in the Rural Areas." The B -1 zone district in the new Code is a much lower intensity, more rural zone district than the B -1 zone district that was formerly in effect in the prior Code. The new B -1 zone is also far less intense than the former or current B -2 zone district. This can be demonstrated through the following comparison. The former B -1 zone district had an allowable floor area ratio of 0.53:1. That FAR would have allowed as much as 29,000 square feet of building on this site. The B -2 zone district had an allowable floor area ratio of 0.36:1 in the old Code and that FAR has not changed in the new Code. That FAR would allow almost 20,000 sq. ft. of building on this site. Aspen Village Quick Mart B -1 Rezoning Application Page 3 ODUUU5 The new B -1 zone district would allow a much lower intensity use of the site, permitting just 4,000 sq. ft. of floor area for lots of less than 1 acre, 5,750 sq. ft. for lots of 1 acre (43,560 sq. ft.), and an additional 1,000 sq. ft. for each 10,000 sq. ft. of lot area above 1 acre. Since this lot is about 54,800 sq. ft. in size it would be allowed a maximum floor area of just 6,750 sq. ft., assuming that: (1) an applicant wanted to maximize its development (a scenario for which these applicants have no plans at the present time); and (2) a site plan could be drawn to fit that size of building on the site along with the required parking, open space and other associated areas. The B -1 buildout potential represents a reasonable amount of development for a neighborhood commercial property in a rural setting and will ensure that this property remains compatible with neighboring properties following this rezoning. The applicants' responses to the standards for rezoning the property from AR -10 to B -1 can be found in the following section of this application. Aspen Village Quick Mart B -1 Rezoning Application Page 4 000006 III. REZONING OF PROPERTY FROM AR -10 TO B -1 The criteria for review of applications for rezoning are found in Sec. 2 -30-40 (c) (2) and (c) (3) of the Land Use Code. Following are the applicants' responses to these criteria: (2) In addition to complying with the provisions of Sec. 2 -30 -40 (i) in connection with each proposed rezoning, the Board shall consider the following: (a) Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood that support the proposed amendment. Response: The principal change in conditions that supports the proposed rezoning is the adoption of the new Pitkin County Land Use Code in 2006. When the Planning and Zoning Commission recommended denial of the rezoning of this property in 1996 it recommended that the County might want to consider the adoption of some type of "neighborhood commercial" zoning that might be appropriate for this site. That zoning district was established in 2006, when the new Code was adopted with a revised B -1 zone district that is intended for the preservation of existing small scale commercial uses. The revised B -1 zone district contains the following intent statement, identifying the Aspen Village Quick Mart as a site to which the zone district should be applied: "The B -1 zone district applies to pre- existing commercial properties limited to the Woody Creek Restaurant and Store, the Aspen Village Quick Mart and those existing properties in Meredith and Thomasville. This rural commercial zone district acknowledges the existence of these commercial properties for limited, small scale operations that are consistent with the Pitkin County Comprehensive Plan and that are primarily oriented to the local population in the Rural Areas." The new B -1 zone is a much lower intensity commercial zone district than was previously in effect in the Code and is a zone that fits the scale of what is appropriate for this site. As shown in the table below, the B -1 zone district will allow considerably less floor area on this site than was permitted in either the B -1 or B -2 zones by the standards of the prior Code, ensuring that the development that occurs at the Quick Mart site will be compatible with surrounding rural areas and will be oriented to the local population in the surrounding neighborhood. The uses it permits by right and by special review are also limited, providing for a neighborhood- oriented character. Summary of Allowable Floor Area Under New and Former Land Use Codes Zone District Allowable Floor Area B -1 Zone District: Former Code Approximately 29,000 s . ft. B -2 Zone District: Former & New Code Approximately 20,000 s . ft. B -1 Zone District: New Code 6,750 s . ft. Aspen Village Quick Mart B -1 Rezoning Application Page 5 UUM7 (b) The effect of the proposed rezoning and development on traffic generation and road safety. Response: The applicant is not proposing development as part of this rezoning application. Rezoning will simply allow the applicant the opportunity to continue to operate the Quick Mart, but will make it an allowed use. The applicant may also pursue other related commercial activities that are listed as allowed uses in the B -1 zone district. If at some future date the applicant were to propose to expand the building pursuant to underlying zoning, or to operate a use permitted by special review in the B -1 zone district, then the County and the public will have a complete opportunity to evaluate the impacts of the development at that time, including traffic generation and road safety, in the context of a GMQS, special review, or other land use application. (3) A proposed rezoning shall not be approved, and should not be recommended for approval, unless the decision making body finds that the proposed rezoning will result in development or activities that: (a) Are consistent with the applicable Pitkin County Master Plan(s). Response: There is no single County Master Plan document that can be used as a reference point for determining the consistency of the proposed rezoning with adopted plans. Instead it is necessary to consider several adopted County plans that address this part of the County. The Down Valley Comprehensive Plan (DVCP), which addresses the entire rural portion of the County, is more than 25 years old. While many of its policies remain as valid today as they were in 1986, some of its recommendations are clearly dated and have been superseded by more recent thinking. For example, the DVCP recommends that pre- existing non - conforming land uses along SH 82 should not be designated on the Future Land Use Map and should remain non - conforming because they are highway oriented (p.67). However, the Snowmass Conoco, which was one of the uses specifically listed in the DVCP that should remain conforming, was rezoned from AFR -10 to B -2 in 1993, eliminating its non - conforming status. The BOCC found at the time that the Snowmass Conoco was not necessarily a highway oriented commercial use but instead served as a neighborhood oriented use for the Snowmass area. The DVCP did not specifically list the Aspen Village commercial property as one of the pre- existing commercial uses that should remain non - conforming (although its "Cluster Residential designation on the Future Land Use Map had that effect). The applicant has previously suggested that this may be because the Aspen Village Quick Mart has always served a strong local clientele. The store has served its neighborhood and has acted as a local gathering place, transit stop, and school bus loading and staging area for many years, providing functions that are similar to the neighborhood orientation of the Snowmass Conoco. Aspen Village Quick Mart B -1 Rezoning Application Page 6 vuG 08 In 2003, the Pitkin County Comprehensive Plan was adopted. That plan is a compilation of other plans the County has adopted, including plans prepared by Caucus groups and other plans prepared by the County for specific areas of the County. A fundamental element of the 2003 Comprehensive Plan is its description of the common themes among the various adopted County plans. The Comprehensive Plan identifies the overall policy of the County with respect to commercial development being to "Direct new commercial uses to lands within the adopted urban growth boundaries ". However, it goes on to state that some of the Caucus plans have recognized the value of small scale commercial activities in their neighborhoods. For example, the Snowmass Capitol Creek Plan now recognizes the value of the Snowmass Conoco as a neighborhood - serving commercial use. While there is no specific caucus plan that recognizes the importance of the Aspen Village Quick Mart, we would suggest that it too represents a commercial use that serves its surrounding neighborhood while remaining compatible with the rural character of the area. (b) Are consistent with all applicable sections of this Land Use Code. Response: As noted above, the newly adopted B -1 zone district specifically lists the Aspen Village Quick Mart as being a site to which the B -1 zone district should apply. Rezoning the property will not only be consistent with this statement but will also eliminate an existing non - conforming use. It will also be consistent with all other applicable sections of the Land Use Code to which the applicant has been asked to respond. (c) Are compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Response: The subject property is surrounded by Aspen Village, a residential subdivision containing approximately 150 residences, a RFTA park and ride facility, an Aspen Fire Protection sub - station, and scattered rural residential properties. Further afield, residents of Woody Creek, Snowmass Canyon, and Brush Creek Village also are within a several mile radius of the property. The convenience store and gasoline station provide basic needed services to residents of all of these areas and to transit riders (both school children and RFTA commuters) who use the store on a regular basis. The applicants do not have any plans to make major changes to the existing store. The Quick Mart is a small scale commercial building that fits with the rural character of the area. Moreover, as noted above, the comparatively less intense floor area allowed by the new B -1 zone district ensures that any future development that may be proposed for this property will be compatible with surrounding land uses and neighborhood characteristics. The County considered the same type of neighborhood compatibility questions in 1993, when it rezoned the Snowmass Conoco from AFR -10 to B -2. Concerns were raised about whether that zoning would have allowed a highway- oriented commercial center, rather than a neighborhood- oriented local business. Ultimately the County approved that Aspen Village Quick Mart B -1 Rezoning Application Page 7 OUOOV9 zoning, which allowed a far more intense zone district than the one proposed for this site. Since that zoning was accomplished the Snowmass Conoco has improved its appearance and diversified the local services it offers and it remains an asset to the Snowmass neighborhood. The applicants believe that granting a rezoning to B -1 for the Aspen Village Quick Mart will have this same type of positive effect. The property will continue to serve as a neighborhood gathering place and the applicants will be able to diversify the services the property offers so it can serve the neighborhood in a more effective manner. This would be consistent with current thinking in planning practice about the benefits of mixing residential and commercial uses together. Where in the past zoning experts sought to separate uses into distinct areas of a community, today's zoning practice recognizes the value of having limited commercial uses close to residences and along transit routes, so residents don't always need to get in their car to meet their needs. (d) Do not exceed the capacity of such public facilities, including but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical facilities. Response: There are no plans for changes to the site that would cause the capacity of any of the above - listed facilities to be exceeded. Should the applicants propose any new uses for the property or any expansion of the building, those plans will be subject to review pursuant to the Growth Management Quota system, which is designed to ensure that all such impacts are mitigated by the applicant at no cost to the public. (e) Do not result in significant adverse impacts on the environment Response: There are no plans for changes to the site that would cause adverse impacts on the environment. Should the applicants propose any new uses for the property or any expansion of the building, those plans will be subject to review pursuant to the Growth Management Quota system, which is designed to ensure that all such impacts are mitigated by the applicant at no cost to the public. (t) Are consistent and compatible with the community character. Response: Please see the response to Criterion (c) above, demonstrating that the proposed rezoning would be compatible with existing land uses and neighborhood characteristics and therefore will be compatible with the community character. (g) Do not conflict with the public interest. Response: The Aspen Village Quick Mart is a use that serves, rather than conflicts with the public interest. Transit riders and school children benefit from being able to pick up convenience items so close to their bus stop and from finding shelter from inclement Aspen Village Quick Mart B -1 Rezoning Application Page 8 jublil0 weather when that is necessary. Residents of Aspen Village and surrounding residential areas are served by having a store close to their homes where they can purchase gasoline and convenience items. Rezoning it to a conforming use so it can be enhanced and diversified should be supported by all of these members of the community. Aspen Village Quick Mart B -1 Rezoning Application 000ill Page 9 IV. CONSISTENCY WITH LAND USE POLICIES An application for rezoning must also be found to be consistent with the applicable policies of the Land Use Code. Following are the applicants' responses to those policies, which can be found in Section 1 -60 of the Land Use Code. 1 -60 -20 Conformance With Pitkin County Comprehensive Plan The conformance of the proposed rezoning with the County's Comprehensive Plan is addressed above, in Section III of this application. 1 -60-40 Community Balance An important element of community balance between residential and commercial uses is providing the opportunity for residents to obtain convenience items close to their residence, so they do not always have to travel to one of the valley's urban centers for needed goods and services. The rezoning will continue and enhance this type of convenience shopping, without going so far as to allow the Aspen Village property to become a commercial destination in its own right. Where in the past zoning experts sought to separate uses into distinct areas of a community, today's zoning practice recognizes the value of having limited commercial uses close to residences and along transit routes, so residents don't always need to get in their car to meet their needs. 1 -60 -50 Phasing of Public Services and Facilities Any development that may occur as a result of the rezoning of this property will be subject to review pursuant to the County's Growth Management Quota System. 1 -60 -60 Land Use Patterns Zoning this property to the B -1 district will limit the development potential of the site to a rural scale and intensity, ensuring that urban development remains within the Urban Growth Boundaries. 1 -60 -70 Rural Development Sub - section (e) of this policy states that "New commercial development should be located within established Urban Growth Boundaries unless it is of a scale and capacity deemed to be appropriate within identified boundaries ". Rezoning this property to B -1 would make this existing commercial use conforming and would limit future development to a scale and capacity that would serve the neighboring rural residential areas. 1-60 -150 Compatibility With Adjacent Neighborhoods Aspen Village Quick Mart B -1 Rezoning Application Page 10 UUM-2 The compatibility of the proposed rezoning with adjacent neighborhoods is addressed in Section III of this application. 1 -60 -190 Natural and Man -Made Hazard and Resource Areas This site is free from natural or man -made hazards and so is a suitable location for development to occur. 1-60 -370 Housing If any development is proposed that generates the need for affordable housing, the extent of this need will be determined and mitigation will be provided for as part of the Growth Management Quota System application. 1- 60-400 Economic Sustainability The subject property has been operated as a commercial use for more than 45 years, helping to support a balanced local economy and providing employment opportunities. Rezoning this property to a conforming status will allow the owners to pursue opportunities to offer a greater diversity of services to local residents. This will create additional economic benefits for the community, limited to a scale and intensity that is consistent with the rural character of the property and the surrounding neighborhood. Aspen Village Quick Mart B -1 Rezoning Application Page 11 OuGUL' 3 V. CONCLUSION The above responses and the attached exhibits and drawings provide the information that is required to process this application and demonstrate the conformance of the proposed rezoning with the criteria of the Pitkin County Land Use Code. The applicants will respond in a timely manner to requests by any reviewing agency for supplemental information or for clarification of any of the statements made herein. Aspen Village Quick Mart B -1 Rezoning Application Ut)0j14 Page 12 EXHIBITS Uu0ji 5 EXHIBIT #1 400197 12/23/1996 091125A PO 1 OF ^c SILVIA DAVIS PITKIN COUNTY CLERK d RECORDER— — SPECIAL WARRANTY DEED !THIS DEED, State lms I '' l aayd December .19 96 beasnen ASPEN VILLAGE, INC. a corporaum duly organized and exmaing .ruler and by virtue of the laws of the Slate of Colorado ,gramme, and DONALD G. CROUCH and LINDA A. CROUCH, as Joint Tenants wM1we legal addressn 31336 Highway 82, of the 1Cumyof Pitkin REC DOC NOT 11.00 36.00 — Some of colomdn, granmellt ! it w1rNESSErx, That me gnnmr. for.W mctwnaentmn el tlm .tun Or Ten Dollars and other good and Valuable consideration ($10.00) DDLI -Arts IIIthe rcanp aW sufficuncy of whncM1 its herelry uckrowlWgcd, has gmntW, bagaad, sold aM ctmasyed, anJ by sMU pxwnta dcea grahl, bargetn, sell, convey, and confirm. unto the graatee(f 3 its AHar sucseswn and designs hie . all the real p.Derty, together with nmpraemena, if any, ! situae, lying and being in ate C..(, of Pitkin .State of Colmedo, deacdbad a follows !! III COMMERCIAL PARCEL, ASPEN VILLAGE SUBDIVISION, according to the Plat !! thereof recorded May 28, 1996, in Plat Book 39 at Page 73 as Reception ! III No. 393065. !! EXCEPTING from the above- conveyed property the real property described in EXHIBIT "A ", attached hereto and made a part hereof. P aN !II III AND ROAD MAI ENT, recor 1996, as !! ! Reception No. w or Grantee hereby assumes !! a sea. II it � I II I!I ddotttowabywmetandoomberie. 31336 Highway 232, Pitkin County, Colorado 81611 TOGETHER with dl and angular the heted"Onsma sad appmumema thereto belonging. mm anywise ap"Oundnng, aW the "oeanon and tnerstms, remaiMeraml remeindera, rcnta, taauu and Dmgathered, andall meeamk, nght, isle, tnkrcxt, claim and demaMwhusueserdsM1egtatuor, eaher in law or equity, of, in and to the above burgeoned premnus, with the henmaments aM appurknanees, TO HAVE AND TO HOLD she sad premaea .bete loop ed and desernbed with the appurtenances, unm the gnima( {). its Mewarsu ceea,n and ac tgns bmew The Somme, fm usalf, Ib sucass.rs aW asagns dues cmenant and agree that It Ault and j w ll WARRANT AND FOREVER DEFENDme above- bagalnW pmt esesm sbequlet ud,wacat e p.su »iondthe gmntce(�, l�.....I,aa,� suceeswnad assigns, agannat all and every pain or peons claiming the whole m any pan thaenf, by through in under mg M W nNFSI WHEREOF, The pant., hs castled m - nionue nma to be wmmu.,.b .led by its V /d � $��....ff�v��` .a,h 4k Puuu cm, nu na cmpmate zeal m he hereanto affixed, attested by 11, Stt�'sif/ T� d°r"' Ye ahead wmten) ASPEN VILLAGE, INC a Lt�1�f�gdOR1 y ,gp, • A o Aue /av / . corpora on 7 ✓f: e all I 1I COMMONWEALTH OF VIRGINIA is and L. Erdman, Vice- Presidmrr- sTATrerc�B.a, � as county d Arlington The krcgmng mxmmcm wit wLww•IWgW before m1% / 3 -I` day of December '11.96--. by as Vre� th fMiidlaf; am f'•hn t <H ii C -AN� as 'L Ta �r - e m .D M J m Z b D 0 S m ar 0 7 A n m n ny N W .n T t d Aspen Village, Inc., a Colorado corporation _ ;•ar ,?DOS. I: My comm..W ex ties 3 /s. /1 b.b. ���y �,s�� �j� . i • 6 Y I•: W nnesa my bud and Official reel r•,4 If in Denser, insert "City aryl" '•wurw OA,• I ` No. 1tiB. Rev. D-gg. gPPL1AL WARRANTY DFFL ICUprtldal � -' ,I1 {t J 6 BndniNPublishm, 1743Wamagt.D,,,,.CO0202- 0031 292 -2W -1129 '�C. c<.. ..� 5 _ .._> c.H. .. __ HbII TEL ND,9?024e?= NO.W -J=7 Exhibit -A- Prol• No. STR 0821 -028 UNIT 2 December 20, 1996 Parcel No. A -201 REV, 2 Pape No. 1 EXHIBIT 'A- DESCRIPTION PROJECT NO. STR 0821 -029 UNIT 2 PARCEL NO. A•201 REV. 2 Townah�el p8rSoi th a law from which the Section Comer common to see6ene 6 6, 7, end 8, Stabs 6enarsl larrtl 86 West, Sixth pdnolooeal� Meridian, a 1913 2 1/2 Inch ;hamster United Braes Cep beers $. 480 34' 37' E. n dtabnca of 1.882.40 feet; 1. Thence S. 648 46' 58' E. a distance of 80.80 feet 2. Thence S. 38' 08' 20' E. a distance of 86.27 fact; 3. Thence S. 01 a an, einr uu _ •,..Y__ 4- Thence N. 458 50' 51' E., along the above described line a distance of 64.77 fast, to the most saatapr'V Cotner of the CommerciWPerCel p Of Way On of S H °N . 62 ►Dataesmbed r, Point Baaj rap on the southwesterly Right S. Thence N. 418 63' 12' W, ekxlg the sold southwaaterty RI ht of Way line, a distance of 250.631set m the northerly lino of the add Commercial Parcel; 6. Thence S. 818 23' 32' W., along the said northerly line a distance of 144.88 feat. 7. Thence S, 168 48' 06' E, a distance of 14.46 fact; S. Thence N. 848 14' 07' E. a dismoos of 82.01 feet; 9. Tirane S. 718 24' 21' E. a distance of 85.00 test, more or less, to the Point of beginning. The above described parcel contains 0.158 acres, mare or Iasa. BASIS OF BEARINGS: N. 38 14' 68' W. along the Section line common b Sections 5 end 8, T. 9 S., R. 85 IN 6th, P.M. between the Section corner common m Sections eions 5, 6, 7, & 8rnf Bald inwnabm, a 1913 U.B. O.L.O. 2 112' brass qp, to Jhs.1l4 corer common to said Sections 6 and 8, a 1914 U.B. O.L.O. 2 1/2 ' Wass cep. This Dsssoription Written BY: Keith J. Sours 222 S Si, Bt Room 17 r�on, State of Colorado Grand Junction, CO 81501 Chucked 9y: 400197 1,::/23/1996 09:25R F6 2 OF 2 uu Ji1 I=M:11- 11ff"A Mr. Lance Clarke, Deputy Planning Director Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: ASPEN VILLAGE QUICK MART REZONING APPLICATION Dear Mr. Clarke, We hereby authorize Alan Richman Planning Services to act as our designated representative with respect to the land use application being submitted to your office for our property, located at 31336 State Highway 82 in Snowmass. Mr. Richman is authorized to submit an application to rezone the property from AR -10 to B -1. He is also authorized to represent us in meetings with Pitkin County staff and the County's review bodies. Should you have any need to contact us during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the land use application, or you may contact us directly at the address and telephone number listed below. Sincerely, Don and Linda Crouch Aspen Quick Mart, Inc. 31336 State Highway 82 Snowmass, CO 81654 923 -5323 Ju0ji8 EXHIBIT #3 PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Lance Clarke DATE: 1/13/12 PHONE: (970) 920 -5452 E -MAIL: IancecCilco.pitkin.co.us LOCATION: Aspen Village Commercial Parcel, 31336 Highway 82 PARCEL ID #: 264306402002 ZONE: AR -10 OWNERS: Don and Linda Crouch APPLICANTS: Same REPRESENTATIVE:TBD Type of Application: Rezoning from AR -10 to B -1 EMAIL: dcrouch @clre.com Description of Project/Development: The Applicant desires to rezone the Aspen Village Quick Mart parcel to B -1. Pitkin County Land Use Code: • Section 1 -60: Land Use Policies • Section 2 -40 -10 (c) 2 & 3: Rezoning —Criteria for Approval Review By: P &Z and BOCC (2 readings) Public Hearing: YES, at BOCC. The Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Public Hearing pursuant to Sec. 2- 20- 100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice at least 30 days prior to the Public Hearing (by first class mail) to all property owners within 300' and mineral estate owners with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the Public Hearings. Staff Will Refer Application To: Aspen Village Metro District/HOA, Zoning FEES: $2,326 (make check payable to "Pitkin County Treasurer") • $1,872 Planning Office Flat Fee rezoning; (non - refundable; based on 6 hours of staff time; if staff review time exceeds 7 hours, the Applicant will be charged for additional time above 6 hours at a rate of $312 /hour) • $375 Clerk Fee • $54 Publication Fee • $25 Web Technology Fee u'u u 9 To apply, submit the Fee specified above and 14 copies of each of the following documents (unless otherwise specified): 1. Letter of request, addressing proposed uses and each of the provisions of the Pitkin County Land Use Code identified above and sufficient to demonstrate that all substantive review criteria have been met; 2. Written report explaining the present zone district classification and existing land use of the real property proposed to be rezoned; 3. Special Review Use Application Submission Requirements as stated in the Pitkin County Land Use Application Manual Section 2.2.11. 4. Accurate legal description(s) and map of the property to be rezoned; 5. Consent from the owners of the property for a representative to process the application and represent the owners (1 copy); 6. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application (1 copy). 7. Proof of adequate legal access to the property (1 copy of all documents); 8. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form (1 copy) (attached); 9. List of property owners within 300' and mineral estate owners (1 copy), and 10. This Pre - Application Conference Summary Sheet (1 copy). NOTES: PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO -SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). ALL MAPS MUST BE FOLDED_ THE PARCEL ID SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. The Pitkin County Land Use Code is available on -line at www.asoenpitkin.com. This Pre - Application Conference Summary Sheet is advisory in nature and not binding on the County. The information provided in this Summary Sheet is based on current zoning standards and the staff's interpretations based upon representations of the applicant's representative. Additional information may be required upon a complete review of the application and site visit(s). ouGJ20 EXHIBIT #4 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO DENYING THE ASPEN QUICK MART REQUEST FOR REZONING FROM AFR -10 TO B -2 AND APPROVING THE REQUEST FOR A GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR COMMERCI.AL GROWTH WITH NEGLIGIBLE GROWTH IMPACTS AND EXPANSION OF A NONCONFORMING USE Resolution No. 99-_,g2 RECITALS Donald and Linda Crouch (` :Applicant ") have applied to the Board of County Commissioners of Pitkin County, Colorado( "BOCC ") for approval to rezone the Aspen Quick Mart property from AFR -10 to B -2 and for a GMQS exemption for commercial development with negligible growth impacts. 2. Said parcel is located at 313336 Highway 82 and contains 1.258 acres As sf/orvN oN Ze-�-a g 45 "A.", 3. The Planning and Zoning Commission heard this request on October 20, 1998, and recommended that it be denied. 4. The BOCC heard this application at a public heating on January 13, 1999, at which time evidence and testimony were presented with respect to the application. 5. The BOCC finds that the proposed rezoning does not comply with the rezoning standards of Section 3- 220 -020 of the Land Use Code. Specifically, the BOCC finds that: the rezoning is not compatible with existing comprehensive plans; surrounding land uses and zone districts, considering existing land uses and neighborhood characteristics; is not consistent and compatible with the community character; and will be in conflict with the public interest. 6. The BOCC also finds that there have not been changed conditions sufficient to justify a rezoning from AFR -10 to B -2 and that the effect of the rezoning and development on traffic generation and road safety is potentially significant. 7. The BOCC fmds that the proposed 550 square foot expansion as represented in the application does meet the standards and criteria of Section 3 -150 -150 of the Land Use Code and can be approved as a GMQS exemption for commercial growth with negligible growth _ impacts. 8. The BOCC finds that the proposed 550 square foot expansion as represented in the application does meet the standards and criteria of Section 6 -40 -030 of the Land Use Code and can be approved as an expansion of a nonconforming use and structure with minor building modifications. 6 0 C j 21 1 111111 11111 111111 1111 111111 111111 11111 III 11111 1111 1111 428597 03/09/1999 02:48P RESOLUTI DAVIS SILVI . . a � „ :. n a as N a MO PITKIN COUNTY CO Resolution No. 99- g Page 2 9. The BOCC directs staff to investigate the potential of creating a neighborhood commercial zone district, which district, if created, might be applicable to this site. 10. The approval contained 'herein shall expire on the 13th day of January, 2002. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby deny the request to rezone the Aspen Quick Mart property and does hereby approve the request for a GMQS exemption and for expansion of a nonconforming use and structure subject to the following conditions: 1. Any required variances will be obtained prior to issuance of building permits. 2. The 550 foot expansion and construction of canopies over the gas pumps shall be as represented in the application materials dated August, 1998. The proposed canopy structure and its lighting shall be reviewed and approved by the Community Development Director prior to issuance of building permits. The canopy lighting shall emit no more ambient light than the gas pump lighting in existence at the date of this approval. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 12th DAY OF DECEMBER, 1998. PUBLIC HEARING HELD ON THE 13' DAY OF JANUARY, 1999. Ali o P Tm-z O N T-+-� 13 4�' a/} o Ves4ln R16M5 /JW)Ce pv6ttrHea;A0 7M-A -dW;4r oN THG /3 SAY Of A *Ac-►+, 1114. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Jc a -"s 11v"ee ,0, Dpi Leslie J. Lamont, air Deputy Clerk and Recorder DATE: uuCj22 111111111111111111 IN 111111111111111 III 11111 IN IN 428597 03/09/1999 02:48P RESOLUTI DAVIS SILVI 2 of 5 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO Resolution No. 99 -IL Pate 3 APPROVED AS TO FORM RECOMMENDED FOR ADOPTION John Ely Cindy Houben County ey Community Development Director P111 -98 2643 - 064-02 -002 lancec \qkmrtdny.doc MIN 11111111111 IN Iillll 11111111111 III1111111111111 u U v j23 428597 03/09/3999 02:48P RESOLUTI WIVIS SILVI 3 of 5 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO DRAWINGS uuCC24 s`J u'V.&uodsy ZtBZ 14BUAdoo uolpnpoi l0 powe6lelua a4l uo 6ulpuedep e6ue4p Aew /ow=e e41 - uopeluaswdw le6al a 1ou sl pue papldap swnlea; a4l;o uo!leluesaidw Imi4dw6 a sl oBewyBulmwp/dew s141 s l8 laaj 3 009 09Z 0 N 1 a6epN ssewmous ;0 UMOl I a 0 b 0 • LO N t� m 000026 'off or p° Legend 0 \a;ej0 ixueng Evergreen Tree OA l oEwslnp DeCIdVOIn T!N C /DO Exiding Large Shrubs �Us" Tree Grouping 'Note: This is not a survey, but instead is a graphic representation of existing conditions based on a survey and field observances. graphic scale: V — 20'.W 20' 40' 90' 700' U ° g �g<a 3=A Aspen Quick Mart Existing conditions ■ ❑ rowweo.o :rKo eah:.•,e.,.ses Scale: . oma ey:es Rwlra:. Street: L 1.0 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and Don and Linda Crouch (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to COUNTY an application for Rezoning (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin 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 Pitkin 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 prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $2,326 which is based on 6 hours of staff time. 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 �iuui, I APPLICANT Don and Linda Crouch — t,& Signature Date: %I bhI )I Mailing Address: 31336 State Highway 82 Snowmass, CO 81654 '46M R&kft" F= 3613,44)6", a &v4da 81612 February 22, 2012 �UUUSUUy Smo cep ;v4a«e /�74z (470,1920-1125 au?4w4oCaw Ania.m& Mr. Lance Clarke, Deputy Director Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: SPECIAL REVIEW APPLICATION FOR AUTOMOBILE SERVICE STATION AT ASPEN QUICK MART PROPERTY Dear Lance, This is an application requesting special review approval for the existing automobile service station at the Aspen Quick Mart property, located at 31336 State Highway 82, Snowmass. The Parcel ID# for this property is 264306402002. This application is intended to accompany the application we have previously submitted to the County requesting that the property be rezoned to B -1. This application is being submitted based on the direction you have provided to us indicating that the existing use requires special review approval to remove its non - conforming status. The application is being submitted by Don and Linda Crouch, the owners of the property (hereinafter, "the applicants "). The applicants are being represented by Alan Richman Planning Services for this application. Proof of the ownership of the property and the applicants' authorization for the representative have previously been submitted to you. Special Review The Land Use Code lists "automobile service station" as a use allowed by special review in the B -1 zone district. The applicants do not propose any changes to the existing gas station at this time. Instead, this application merely seeks to bring the existing gas station into conformance with use limitations of the B -1 zone district. The standards for special review are listed in Section 2 -30 -30 (h) (2) of the Land Use Code. The applicants' responses to these standards follow below. (a) The special review use shall be consistent with the applicable County Master Plan. C_, 5 Mr. Lance Clarke February 22, 2012 Page Two Response: As explained in the rezoning application, there is no single County Master Plan document that can be used as a reference point for determining the consistency of this property and its existing uses with adopted plans. Instead it is necessary to consider several adopted County plans that address this part of the County. The Down Valley Comprehensive Plan (DVCP), which addresses the entire rural portion of the County, is more than 25 years old. While many of its policies remain as valid today as they were in 1986, some of its recommendations are clearly dated and have been superseded by more recent thinking. For example, the DVCP recommends that pre- existing non - conforming land uses along SH 82 should not be designated on the Future Land Use Map and should remain non - conforming because they are highway oriented (p.67). However, the Snowmass Conoco, which was one of the uses specifically listed in the DVCP that should remain conforming, was rezoned from AFR -10 to B -2 in 1993, eliminating its non - conforming status. The BOCC found at the time that the Snowmass Conoco was not necessarily a highway oriented commercial use but instead served as a neighborhood oriented use for the Snowmass area. The DVCP did not specifically list the Quick Mart gas station and convenience store as pre- existing commercial uses that should remain non - conforming (although its "Cluster Residential designation on the Future Land Use Map had that effect). The applicant has previously suggested that this may be because the Aspen Village Quick Mart has always served a strong local clientele. The store and gas station have served the neighborhood and have provided a local gathering place, transit stop, and school bus loading and staging area for many years, offering functions that are similar to the neighborhood orientation of the gas station and convenience store at the Snowmass Conoco. In 2003, the Pitkin County Comprehensive Plan was adopted. That plan is a compilation of other plans the County has adopted, including plans prepared by Caucus groups and other plans prepared by the County for specific areas of the County. A fundamental element of the 2003 Comprehensive Plan is its description of the common themes among the various adopted County plans. The Comprehensive Plan identifies the overall policy of the County with respect to commercial development being to "Direct new commercial uses to lands within the adopted urban growth boundaries'. However, it goes on to state that some of the Caucus plans have recognized the value of small scale commercial activities in their neighborhoods. For example, the Snowmass Capitol Creek Plan now recognizes the value of the Snowmass Conoco as a neighborhood - serving commercial use. While there is no specific caucus plan that recognizes the importance of the Aspen Village Quick Mart, we would suggest that the gas station and store also represent commercial uses that serve the surrounding neighborhood while remaining compatible with the rural character of the area. Mr. Lance Clarke February 22, 2012 Page Three (b) The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Chapter 1. Response: To the best of the applicant's knowledge, the gas station does not conflict with any of the adopted standards or policies of the County Land Use Code. In fact, the purpose of this application is to remove an existing non - conformity and make the gas station an approved special review use. (c) The proposed development must not materially endanger the public health, safety or welfare. (d) The proposed development must not substantially injure the value of adjoining or abutting property. Response: The gas station has operated on this property since 1971, a period of more than forty (40) years. This operation has not endangered the public health, safety or welfare during this time nor has it injured the value of adjoining property. Rather, it has served the public interest by providing a convenience service to residents of the immediate neighborhood and highway- oriented services to those travelling along SH 82. (e) The special review use shall be consistent with the intent of the Zone District in which it is proposed to be located. Response: As explained in the rezoning application, the revised B -1 zone district that was adopted as part of the 2006 Pitkin County Land Use Code includes the following intent statement: "The B -1 zone district applies to pre- existing commercial properties limited to the Woody Creek Restaurant and Store, the Aspen Village Quick Mart and those existing properties in Meredith and Thomasville. This rural commercial zone district acknowledges the existence of these commercial properties for limited, small scale operations that are consistent with the Pitkin County Comprehensive Plan and that are primarily oriented to the local population in the Rural Areas." The continued presence of the existing gas station on this property represents the kind of limited, small scale commercial operation contemplated by the Land Use Code for properties zoned B -1. (t) The special review use shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. 3 Mr. Lance Clarke February 22, 2012 Page Four Response: The subject property is surrounded by Aspen Village, a residential subdivision containing approximately 150 residences, a RFTA park and ride facility, an Aspen Fire Protection sub - station, and scattered rural residential properties. Further afield, residents of Woody Creek, Snowmass Canyon, and Brush Creek Village also are within a several mile radius of the property. The convenience store and gasoline station provide basic needed services to residents of all of these areas and to transit riders (both school children and RFTA commuters) who use the store on a regular basis. The applicants do not have any plans to make major changes to the existing uses at this time. The Quick Mart is a small scale commercial building that fits with the rural character of the area. Moreover, as explained in the rezoning application, the comparatively less intense floor area allowed by the new B -1 zone district ensures that any future development that may be proposed for this property will be compatible with surrounding land uses and neighborhood characteristics. The applicants believe that approving the gas station as a special review use will allow the property to continue to serve as a neighborhood gathering place. It will enable to applicants to consider ways to diversify the services the property offers so it can serve the neighborhood in a more effective manner. This would be consistent with current thinking in planning practice about the benefits of mixing residential and commercial uses together. Where in the past zoning experts sought to separate uses into distinct areas of a community, today's zoning practice recognizes the value of having limited commercial uses close to residences and at key transit nodes, so residents don't always need to get in their car to meet their needs. (g) The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimize adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, airAvater pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. Response: There are no changes planned to the gas station at this time so there will be no additional impacts from this use beyond what is present today. (h) There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Mr. Lance Clarke February 22, 2012 Page Five Response: There are no plans for changes to the site that would cause the capacity of any of the above - listed facilities to be exceeded. Should the applicants propose any new uses for the property or any expansion of the building, those plans will be subject to review pursuant to the Growth Management Quota System, which is designed to ensure that all such impacts are mitigated by the applicant at no cost to the public. (i) The proposed special review use must comply with any additional standards or requirements stated for such use in Sec. 4 -30 and/or Sec. 2- 40 -20. Response: There are no additional standards listed for this use in Sec. 4 -30 -40 that apply to the B -1 zone district. The applicant agrees to comply with the other provisions of Sec. 2- 40 -20, Special Review Use, that apply to this proposal. Conclusion I believe the above responses and the previously- submitted rezoning documents provide the information you require to process this application. If there is anything else you need, please do not hesitate to contact me. Very truly yours, ALAN RICHMAN PLANNING SERVICES i` W. Alan Richman, AICP PUBLIC NOTICE RE: Crouch (Aspen Quick Mart) Special Review for a Gas Station (CASE# P006 -12; PID 2643- 064 -02 -002) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, May 9, 2012 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 Don and Linda Crouch (PO Box 2673, Aspen, CO 81612) requesting Special Review for a Gas Station. The property is located at 31336 Hwy 82, and is legally described as Commercial Parcel, Aspen Village Subdivision. The State Parcel Identification for this property is 2643 - 064 -02 -002. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further information, contact Lance Clarke at (970) 920 -5452. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on April 5, 2012. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public 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. 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 2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920 -5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date PUBLIC NOTICE RE: Crouch (Aspen Quick Mart) Rezoning from AR -10 to B -1 (CASE# P006 -12; PID 2643- 064 -02 -002) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, May 9, 2012 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 Don and Linda Crouch (PO Box 2673, Aspen, CO 81612) requesting to rezone the Aspen Village Quick Mart parcel to B -1. The property is located at 31336 Hwy 82, and is legally described as Commercial Parcel, Aspen Village Subdivision. The State Parcel Identification for this property is 2643 - 064 -02 -002. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further information, contact Lance Clarke at (970) 920 -5452. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on April 5, 2012. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public 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. 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 2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920 -5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2 -20 -100 I, 4 \.A.. C, �,c,�n. ,being or representing an Applicant to the Pitkin County Development Permit, personally certify that I have complied with the public notice requirements pursuant to Section 2 -20 -100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by first - class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to all owners pf property adjacent to the subject property, as indicated on the a t ched list, on the P day of _, 20QZ(which is 30 'days prior to the public hearing date of �tz- . The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 2. By mailing of notice, a copy of which is attached hereto, by first - class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to the owner(s) of the mlgeral estate underneath the subject property, as indicated on the attached list, on the 6 day of k("_, 201Z (which is3a`Idays prior to the public hearing date of 5 �47. . The names and addresses of the mineral estate owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 3. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the kT day of A-" , 2001; which is at least fifteen (15) days prior to the public hearing. A photograph of the posted sign is attached hereto. 1�ta,A- Lv%%" Cam, V� — *_ 2— J_ Applicant's name Signatur (Attach photograph here) Signed before me this 2nd day of 2001Zby 1 .-CHRISTINE ; SO"( i WA611 My G=* im E*m 01M M5 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: O�I2Sj2a15 coosfiihe, sysomko Notary Public ctuk v 0Zy 0 Notary Public's Signature Easy Peel® Labels i ♦ Bend along line to Q Ate(® 5960® Use Avery® Template 51600 i Feed Paper �' expose Pop -Up EdgeTM 1 ALLEN ASHLEY ASPEN VILLAGE METRO DIST BAILLARGEON ROGER K 18 ASPEN VILLAGE 711 E VALLEY RD #103 2 ASPEN VILLAGE ASPEN, CO 81611 BASALT, CO 81621 ASPEN, CO 81611 BARTIK GAIL & VICTOR CARLSON MARGUERITE CARTWRIGHT JASON TOD PO BOX 1357 PO BOX 1008 33 ASPEN VILLAGE ASPEN, CO 81612 BASALT, CO 81621 ASPEN, CO 81611 COLORADO DEPT OF CASAL AGUSTINA CLANCY WILLIAM J TRANSPORTATION PO BOX 2574 3 ASPEN VILLAGE STATE OF COLORADO ASPEN, CO 81612 ASPEN, CO 81611 4201 E ARKANSAS AVE DENVER, CO 80222 CORTEZ MARTHA DEMING CHRISTINA FLOOD JEFFREY A 17 ASPEN VILLAGE 24 ASPEN VILLAGE 29 ASPEN VILLAGE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 FRAZIER ELIZABETH FREITAS JOHN GAROFALO GIUSEPPE & CONNIE PO BOX 15 11 ASPEN VILLAGE 11 1/2 ASPEN VILLAGE ASPEN, CO 81612 ASPEN, CO 81611 -9646 ASPEN, CO 81611 HOOFNAGLE CHRISTOPHER C & KRISTI GOODWIN JONI GRAY TONY & GENEVIEVE S J 14 ASPEN VILLAGE 19 ASPEN VILLAGE 16 ASPEN VILLAGE ASPEN, CO 81611 ASPEN, CO 81611 -9651 ASPEN, CO 81611 -9626 KARLS DEBRA S KELLEY JEFFREY S LEAL FERNANDO R & ZUNIGA MONICA R 5 ASPEN VLLG RADEVA GERGANA 1 20 ASPEN VILLAGE ASPEN, CO 816119646 6 ASPEN VILLAGE ASPEN, CO 81611 ASPEN, CO 81611 LYNCH RICK & LINDA MCMANUS KATHRYN S & GREGORY MEDRANO REINA PO BOX 5291 JAMES 15 ASPEN VILLAGE SNOWMASS VILLAGE, CO 81615 27 ASPEN VILLAGE ASPEN, CO 81611 ASPEN, CO 81611 MULLIKIN TIMOTHY I NELSON WARREN D PARADA JUAN B & CATALINA PO BOX 712 9 ASPEN VILLAGE PO BOX 2672 BASALT, CO 81621 ASPEN, CO 81611 ASPEN, CO 81611 PITKIN COUNTY REICHERT JOY ROARING RIVER RANCH LLC 530 E MAIN ST #302 13 ASPEN VILLAGE 2929 LAZY LANE ASPEN, CO 81611 ASPEN, CO 81611 HOUSTON, TX 77019 1 Irtiquettes fadles A peler i A Repiiez h la hachure afin de ; www.avery.com Utilisez le gabarit AVERY® 51600 j chaens dent r6v6ler le rebord Pop -UpTM j 1- 800 -GO -AVERY 1 Easy Peel® Labels Use Avery® Template 51600 RODRIGUEZ JUAN 150 ASPEN VILLAGE ASPEN, CO 81611 i ♦ Bend along line to iFeed Paper expose Pop -Up EdgeTM 1 SANDOVAL SAUL & DULCE 7 ASPEN VILLAGE ASPEN, CO 81611 STAHMAN DEAN C STAPLETON STANLEY N & SUZANNE J 33 ASPEN VILLAGE ROTH ASPEN, CO 81611 28 ASPEN VILLAGE ASPEN, CO 81611 WARD ERIC G WATSON DIVIDE RANCH INC PO BOX 2574 201 W BIG BEAVER RD STE 1420 ASPEN, CO 81612 TROY, MI 480844120 `S ' Nquettes faciles 6 peter ; A Repliez A la hachure afin de Sens de Utilisez le gabarit AVERY® 51600 j cha gement reveler le rebord Pop-UpTM AVERY® 5160® 1 SMITH HARRY C 12 ASPEN VLG ASPEN, CO 816119648 TRACZ KRISTINE 1 ASPEN VILLAGE ASPEN, CO 81611 WILLICOMBE CHRISTOPHER J PO BOX 3517 ASPEN, CO 81612 www.averycom 1- 800 -GO -AVERY ' 1 y Lance Clarke From: George Newman Sent: Thursday, March 29, 2012 11:41 AM To: Lance Clarke Subject: Aspen Village Commercial application Lance, riding home last night on the bus I looked at the convenience store at Aspen Village and then Old Snowmass Conoco Store. As you know both sites also have public buildings - Firestation and Postoffice. I would like to see current comparison sq footage /lot size between two stores as well as pictures for our next meeting with Alan. I am not sure we need to see total site comparisons including public buildings- you can decide if that may be helpful. You may let Alan know I requested this and also include in board packet when it next appears before us. Thanks, George 1 1� Q� s Le end Roads Parcel F A �f Aspen Village Quick mart 31336 Hwy 82 PID# 264306402002 N"QGti Rv Z Ar ♦ *t T� N\ N .may -. �: •- 'R. >,�3: ` 4: .may ,• �, , ..,; -- �. •� At I N 4v IX�l IT Ir 71 Sno►mass Conoco and 4t Snowmass Post Office #A ll j ^� � , 4 1 ;dfik- 7- 2 ddl& � —C_— 5 Le end Roads Parcel C�K. Aspen Village Quick Mart and Aspen Village Fire Station d3 r y � Y b � ar',wW,uk,� az rttld��e � 1d 1t rd i • �N .fin . , t 3 ' — �wad1Y1�, � n s.i.: v� N � ! W i' ' � t0._. b '.',� 1 w AbrAWA pp 4� r 'A l�fl 1 t a� ;--i �i i t y m PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920- 5526/FAX# (970) 920 -5439 February 3, 2012 Alan Richman PO Box 3613 Aspen, CO 81612 arichman@sopris.net Re: Crouch Rezoning from AR -10 to B -1 (PID# 2643 - 064 -02 -002; CASE # P006 -12) Dear Mr. Richman: The Planning staff 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. This application has been scheduled for review by the Pitkin County Planning and Zoning Commission on Tuesday, February 28, 2012 at a meeting to begin at 5:00 p.m. in Plaza One Conference Room, 530 E. 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. If you have any questions, please call Lance Clarke, the planner assigned to your case, at 920 -5452. Sincerely, Bonnie Waechtler Administrative Assistant PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920 -5526 FAX (970) 920 -5439 MEMORANDUM TO: Aspen Village Metro District Aspen Village Homeowners Association Pitkin County Zoning FROM: Lance Clarke, Community Development Department Lance. clarke a co.pitkin.co.us RE: Crouch Rezoning from AR -10 to B -1 (PID# 2643 - 064 -02 -002; CASE# P006 -12) DATE: February 3, 2012 Attached for your review and comments are materials for an application submitted by Don and Linda Crouch. The Pitkin County Planning and Zoning Commission will review the application on February 28, 2012. Please return your comments to me by Friday, February 17, 2012. http: / /www.aspenpitkin.com/ Portals /0 /docs /county /Com %2ODev /Planning /Land Use Applications/ P006 12 app.pdf If you require a paper copy of this application contact Bonnie Waechtler at bonnie. waechtlernco.pitkin.co.us or 920 -5109. Thank you. M E M O R A N D U M TO: Lance Clarke, Assistant Director, Com Dev FROM: Joanna S. Schaffner, Zoning Officer DATE: February 8, 2012 RE: Rezoning of the Aspen Quick Mart Parcel ID# 2643- 064 -02 -002 I have reviewed the above referenced application and offer the following comments. Setbacks: A rezoning from the AR -10 zone to the B -1 zone will result in a reduction in Side and Rear Yard setback requirements. Setback: Front Side Rear AR -10 zone: 30' 20' 30' B -1 zone: 30' 10' 10' Development on this parcel is impacted by the 100' Arterial Highway setback measured from the Highway 82 right -of -way. Setback variances from the Board of Adjustment may be required prior to the redevelopment of the site. Floor Area: The applicant has represented that based on the size of the parcel, a total of 6,750 sq ft of floor area is allowed under the B -1 zone. Additionally, a 1,000 sq ft exemption from floor area calculations is available for gas station canopies pursuant to Section 5- 20- 70(f). Uses: The following Allowed and Special Review Uses are subject to the requirements of Chapter 4 of the LUC as indicated below. Uses Allowed in the B -1 zone district: Commercial Firewood splitting Public Utilities, Minor Restaurant and /or Bar Office Arts and Crafts Studio, Primary and Accessory Personal Service Outlet* Retail Sale of Goods ** Agricultural Stand Home Occupation 0 1 C)f z 4- 30 -20c 4- 30 -30f 4- 30 -40u 4- 30 -40p 4- 30 -40h 4- 30 -40r 4- 30 -40v 4- 30 -50b 4- 30 -50f Special Review Uses in the B -1 Zone: Multi- family dwelling unit 4- 30 -10d Dormitory housing Kennel or Veterinary Clinic 4- 30 -20e Day Care Center Educational Class 4- 30 -30b Public Facilities, Major 4- 30 -30e Public Utilities, Major Sewage Disposal Area or Water Facility Transit Facility Adult Entertainment Establishment 4- 30 -40a Amusement or Entertainment Establishment 4- 30 -40b Building Materials and Landscaping+ 4- 30 -40e General Services ++ 4- 30 -40k Automobile Service Station 4- 30 -40c Cellular Telephone Facility 4- 30 -40g Radio or TV Transmitting Station 4- 30 -40r Use by Federal Permit Building Mounted Cellular Telephone Antennae 4- 30 -50c Bus Stop Employee Dwelling Unit Wind Powered Electric Generator 4- 30 -30j Micro Hydro Electric Energy System 4- 30 -50k Snow Storage /Dumping Trucking 4 -30 -501 All other Uses are Prohibited in the B -1 zone district. Chapter 11 of the Land Use Code defines the following Uses as: *Personal Service Outlets: "Establishments that provide services and goods related to household living or everyday needs. Examples of personal service outlets include post office substations, self service laundries, dry - cleaning collection and distribution stations, barber and beauty shops, shoe repair shops, grocery, drug and liquor and photo studios, and internet service access points." * *Retail Sale of Goods: "Drug, book, delicatessen, stationery, liquor, florist, or specialty apparel shops, sporting goods, hardware, radio and TV stores, electronic stores, or any other place where goods are sold to the public at retail, and that are not listed as a separate use (for example, are not listed as a Personal Service Outlet) in the Land Use Code." +Building Materials and Landscaping: "A primary use of the land that includes the storage, repair, manufacture, rental and /or sales, (including contract or subcontract installation) of such items as cabinets, kitchen appliances, plumbing fixtures, electrical fixtures, saunas, Jacuzzis, pools, glass, furniture, office equipment, sheet metal, roofing, carpet and tile, decorative steel, masonry, sheetrock, paints, insulation, concrete products, solar energy equipment nursery stocks, hardware, lumber, wholesale and catalog sales operations, landscaping, and yard equipment and supply dealers, or the operation of a business related to such items, and that does not meet the definition of a home occupation." + +General Services: "Warehouses, wholesale and retail storage (with distribution office on the premises), maintenance and storage garages, bull: cleaning and dry cleaning, repair shops, and printing presses. This use also includes business related to the production, storage distribution, and wholesale sale of food product, including a food and liquor residential delivery service, a catering business, a restaurant /bar supply service, a wholesale farm and ranch co -op, a creamery, a bakery with no retail outlet, a cold storage locker, and meat and other food, vegetable, or liquid processing." 4 z PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00031989 Name: Village Venture Corp Date:1/30/2012 Project Address: 31336 HWY 82 Type: check # 8153 Permit Number 0006.2012.PLAN 0006.2012.PLAN 0006.2012.PLAN Fee Description PP- Flat Fee PP- Clerk Fee PP- Clerk Tech Fee Amount 1,872.00 375.00 25.00 0006.2012.PLAN PP- Public Notice Fee 54.00 Total: 2,326.00