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HomeMy WebLinkAboutaspen.snow.removal.operationREADING AND PUBLIC HEARING ON DRAFT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO DENYING SPECIAL REVIEW APPROVAL FOR THE ASPEN SNOW REMOVAL OPERATION MEMORANDUM TO: Board of County Commissioners Regular Meeting - September 24, 2003 THRU: Cindy Houben, Community Development Director FROM: Ezra Louthis, Planner RE: Aspen Snow Removal Special Review SUMMARY: The applicant requests Special Review approval to locate the Aspen Snow Removal (ASR) operation to the parcel that currently houses the Aspen Veterinary Clinic on Highway 82 just past Aspen Village. The Applicant is requesting to change the use from a vet clinic to "Equipment supplies and contraction or subcontraction.", which is a Special Review use in the AFR-10 zone district. The ASR operation is a snow removal business during the winter in which they typically have one departure time in the mornings, and one return time depending on snow levels. During the summer, ASR conducts an asphalt repair business and gravel hauling business. According to the Applicant, these summer activities will not have any impact on this parcel due to storage of the summer equipment in Aspen. The ASR operation has been located in downtown Aspen, and due to the Obermeyer redevelopment plan, ASR will be required to remove its operations from their current location. The ASR operation consists of 10 vehicles, which include 5 cab over pickup trucks with plows, 2 Dodge pickups with plows, 2 jeeps with plows, and 1 dump truck for large operations. During the winter, ASR has 6 full-time employees, and 4 part-time employees. The reminder of the year, there are 4 full-time employees. The Applicant does not intend to construct additional buildings on the parcel. The Applicant has indicated through discussions, that the house located on the parcel would be used as a residence for employees. APPLICANT: Aspen Snow Removal (John Romanus, President) REPRENSENTATIVE: Scott Harper LOCATION: 30875 Highway 82 (Aspen Veterinary Clinic) ZONI2~G/LOT SIZE: AFR-10/3.148 acres BACKGROUND/EXISTING CONDITIONS: The parcel currently houses the Aspen Veterinary Clinic, a commercial use, which received Special Review approval pursuant to Resolution No. 83-91. The Clinic received subsequent amendments to the original approval to expand its operation to include a kem~el and horse boarding (Resolutions Nos. 98-23, 98-175, 99- 143). The amendments were approved under the existing Land Use Code. REFERRAL COMMENTS: The application was referred to the Woody Creek Caucus, but no comments were received. · Joanna Schaffner, the Pitkin County Zoning Officer, stated that because the parcel is Sub- Standard in size for the AFR-I 0 zone district, the code only allows for a single-family residence. Section 6-50-010(A) of the Pitkin County Land Use Code states: "The development of any principal land use other than a single family dwelling unit on a substandard size lot is prohibited." · Bud Eylar, the Pitkin County Engineer, stated that, "since this is a significant change in use in regard to volume of traffic, times of operation and type of vehicles, the applicant will be required to obtain an amended CDOT Access Permit. If an onsite fueling facility is to be used, the applicant shall be required to obtain all local, state and federal permits and approvals." STAFF COMMENTS: Equipment Supplies and Contraction or Subcontraction is a Special Review use in the AFR-10 zone district and is subject to the Standards set forth in section 3-210-020: A. The special review use shall consider the applicable County Master Plan. Response: The parcel lies within the Down Valley Comprehensive Plan area. The intent oftbe Plan regarding commercial uses and equipment storage, is to maintain scenic quality by locating such uses in areas not seen from Highway 82. The parcel is located within the Scenic Foreground area of Highway 82, and the Rural Residential designation. Because it is not a residential proposal, and it can be viewed from the highway, the proposed Special Review use is inconsistent with the Down Valley Comprehensive Plan. However, it should be noted that the Applicant is willing to provide screening for the parcel from Highway 82. Additionally, it should be noted that there are similar pre-existing, non-conforming uses (Stutsman-Gerbaz and Phillips 66) located on the highway less than a ½ mile away from the Vet Clinic parcel. 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 Article 2. Response: The use conflicts with section 6-50-010(A) of the Pitkin County Land Use Code, regarding sub-standard size lots, which states that single family dwelling units shall be the only principal use on a sub-standard size lot. It should be noted that the restriction set forth in section 6-50-010(A) regarding sub-standard size lots, was established in 1994 with the creation of the new Land Use Code. Prior to the 1994 Code, there was no such restriction for sub-standard size lots, and thus the existing Vet Clinic is a legal, non-conforming Special Review use. C. The special review use shall be consistent with the intent of the Zone District in which it is proposed to be located. Response: The AFR-10, Agricultural/Forestry/Residential district, is intended to maintain the rural character of lands proximate to development centers and State highways by preserving agricultural operations, wildlife habitat and scenic quality while permitting low density, single family dwelling units and customary accessory uses. The proposed Special Review use is consistent with the intent, as it is listed as a Special Review use, and there are similar operations located in the area. D. The special review use shah be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shah enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Response: As was noted before, there is a commercial use and a an equipment storage use located within a ½ mile of the Clinic parcel. The parcels adjacent to the Clinic parcel are primarily residential or agricultural in nature, and the proposal would be in contrast with those adjacent parcels. Staff has not received any objections to the proposal. E. 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 poHution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. Response: The proposed Special Review use will have visual impacts for the surrounding area, however the Applicant has agreed to a number of screening techniques including berming and highway fencing. The Applicant has represented that the impacts on traffic generation will be beneficial due to the decrease in the number of cars/trucks utilizing the ingress/egress. This decrease is based on the representation that the snow removal trucks will leave once during the day, and return once during the day, as opposed to all-day flow of customer traffic now occurring on the parcel. Other impacts from the proposed use may be noise and odor from the startup of the trucks in the morning. Again, no neighbors have opposed the proposed Special Review use. £. 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. Response: There are adequate public facilities and services to serve the Special Review use on this parcel. It should be noted that there will be additional impacts on Highway 82 due to the need to transport the plow capabilities up valley. G. An application for a special review use must demonstrate to the Board of County Commissioners that the proposed development will not: a. Materially endanger the public health, safety or welfare; and b. Substantially injure the value of adjoining or abutting property. Response: Staff has no information that would indicate that the development would injure the value of adjacent properties, or endanger the public health, safety or welfare. RECOMMENDATION: Staffrecommendsthatthe BOCC denythe Aspen Snow Removal Special Review use request based on the fact that the use is in conflict with section 6-50-010(A) of the Land Use Code regarding sub-standard size lots. RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, DENYING SPECIAL REVIEW APPROVAL FOR THE ASPEN SNOW REMOVAL OPERATION Resolution No. -2003 RECITALS 1. Aspen Snow Removal ("Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") for special review approval to locate an equipment supplies and contraction or sub¢ontraetion operation on the Aspen Veterinary Clinic. 2. The Applicant's parcel contains 3.148 acres and is a non-conforming parcel in the AFR-10 zone district. 3. Said parcel is lo~ated at 30875 Highway 82, and is more specifically described in Exhibit A. 4. The BOCC heard this application at a duly noticed public hearing on September 24, 2003, at which time evidence and testimony was presentcxt with respect to the application. 5. The BOCC finds that the Special Review use for equipment storage and contraction or subcontraction is inconsistent with Pitkin County Land Use Code Section 6-50-010(A). NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby deny special review approval for Aspen Snow Removal. NOTICE OF PUBLIC HEARING PUBLISHED in The Aspen Times Weekly on the 24a' day of August, 2003. Denied on the 24~ day of September, 2003. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By ATTEST: Jack Hatfield, Chairman Date Jeanette Jones Deputy Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: County Attorney Community Development Director Case #P063-03 PID #264306200014 EXHIBIT "A" LEGAL DESCRIPTION A tract of laird situated in Lot 7, Lot 11 and Lot 12 of Section 6, Township 9 South, Range 85 West of the Sixth P.M., lying Southerly of the center of the Roaring Fork River and Northeasterly of the Northeasterly right-of-way line of State Highway No. 82, Said Tract of land being described as follows: Beginning at a point on the Northeasterly right-of-way line of said Highway, whence an iron post with a brass cap, found in place and propedy marked for the Northwest corner of said Section 6 bears N 38°27'37" 'W 3305.04 .feet; thence N 37°56'00'' E 352.13 feet to a point in the center of said river; thence S 55°55'00'' E 33.45 feet alohg the center of said riveF, thence S 31°23'00'' E 533.41. feet along the center of said fiver;, thence S 8t°05'00" E 93.70 feet along the center of said dveF, thence S 25~49'00'' W 90.04 feet to a point on the Northeasterly right-of-way of said Highway; thence N 68°18'00" W 173.02 feet along the Northeasterly right-of-way line of said Highway; thence 404.71 feet along the arc of a curve to the right, having a radius of 1870.00 feet, the chord of which bears N 62°06'00'' W403.92 bet;, thence N 55°54'00" W 69.54 feet along the Northeasterly right-of-way line'of said Highway to the point of beginning. ALSO KNOWN as TRACT A, HANSEN TRACTS, as shown on Exemption Plat for Hansen Tracts recorded November 22, 1978 in Plat Book 7 at Page 31. MASON MORSe. REAL ESTATE September 18,. 2003 Pitkin County Board of Commissioners 531 East Main Street Aspen, CO 81.611 Re: Aspen Snow Removal Special Review Use 'Application for the properly located at 30875 Highway 82, a.k.a., The Aspen Valley Veterinao/ Hospital. Dear Board Members: 'mm Please find enclosed photos of properties that are contiguous to the Aspen Valley Veterinary ,,. Hospital.. As you can see the property is heavily impacted by Highway 82 and Snowmass canyon rush-hour traffic. ,., We have also enclosed a copy of a letter written by Dr. Adolfo Games, the Seller, whose property is listed by Mason & Morse/Aspen; and is under contract with Aspen Snow Removal. -. A letter from the neighboring property owners known as the Double X Quarter Circle Homeowner's Association signed by Michael Gerbaz, the President. Michael's Grandfather was the original owner of this land. Please note that most of the current property owners are relatives of the Gerbaz family, a list of Homeowner's Association members is enclosed for you r review. ' Sincerely, Christine McMorris Broker Associate ,,,, Mason & Morse Real Estate ' 514 EAST HYMAN AVENUE ASPEN, COLORADO 81611 (970) 925~7OO0 FACSIMILE: (970) 925-7027 Parcel Multiple Search Results Page 2 of 2 R01017Q J[ 264306202008 Il THORP~ L~SA a & MARK H I[?OZ:8 R010171 Il 264306202009 ][. DOUBLE X QUARTER CIR 150 WATSON DIVIDE RD SNOWMASS / SUB :DOUBLE X QUARTER CIRCLE RANCH /LOT:9 9 Record(s) Displayed. T? of Page Assessor Database Search Opti~nn,. I T~reasurer Database Search Options Clerk & Recorde~r Database Search O4~ions Pitkin County Home Page The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright © 2003 Good Turns Software. All Rights Reserved. Database & Web Design by ~Good Tums Soft_ware. http://www.pitkinassessor, org/assessor/ParcelMultipleResults.asp 09/18/2003 Looking Southwest From Clinic LAW OFFICE OF SCOTT HARPER PROFESSIONAL CORPORATION 1280 UTE AVE., SUITE 10 ASPEN, COLORADO 81611 (970) 544-5000 FACSIMILE (970) 544-5010 e-mail: h_arper(~vopris.net June 12, 2003 Via Hand Delivery Ezra Louthis, Planner Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Aspen Snow Removal - Special Review Use Application Dear Ezra: This letter of request addresses Pitkin County Land Use Code Section 3-80, 1041 Hazard Review Exemption, Section 3-210, Special Review and addresses previous land use approvals per the requirements of the Pre-Application Conference Summary dated April 7, 2003 as follows: The Property is zoned AFR-10 and contains approximately 3.148 acres. The application is for a Special Review Use in the AFR-10 Zone District to utilize the parcel as the operations base for Aspen Snow Removal, Inc. ("ASR") pursuant to the provisions of Code Section 3-40-090 C. 14 -Equipment Supplies and Contraction or Subcontraction. The property is currently owned by Games, LLC and is under contract to John Romanus, owner of ASR, the Applicant. The application is authorized by the current owner in conjunction with that certain Contract to Buy and Sell Real Estate (Commercial) dated April 2, 2003, between Romanus and Games, LLC ("Contract"). The Contract is expressly contingent upon Pitkin County Special Review Use Approval and will terminate in the event the application is denied. The Agreement to Amend/Extend Contract dated May 12, 2003 containing the aforementioned contingency is submitted herewith. 1. Current Use of the Property. The Property, located at 30875 Highway 82, is currently approved for use as a veterinary clinic pursuant to Resolution No. 83-91, Resolution of the Board of County Commissioners of Pitkin County, Colorado Granting Special Review Approval for the EnsigrdMacMichael Veterinary Clinic. The current commercial use is for the Aspen Valley Veterinary Hospital. Subsequent to the initial approval the following amendments have been approved: (1) Resolution No. 98-23. The Pitkin County Board of Adjustment granted a temporary Arterial Highway Setback Variance to allow a temporary placement of an Aviary; (2) Resolution No. 98-175. Minor Amendment to Special Review, Commercial Development with Negligible Growth Impacts and Special Review for a dog grooming business as an allowed use on the site and for the addition of two horse stall structures; (3) Resolution No. 99-143. Amendment to Resolution No. 98-175. Timeframe extension for removal of the Aviary, installation of the barrier fencing around the outdoor runs and provision of documentation regarding the existing septic system. Copies of all previous Land Use Approvals are submitted herewith. 2. Proposed Special Review Use per Code Section 3-40-090 C. 14 - Equipmenl Supplies and Contraction or Subcontraction ASR currently contracts to provide snow removal for many areas within the City of Aspen and its environs. ASR currently performs snow removal operations for the City of Aspen. During the remainder of the year ASR provides asphalt repair services to the Aspen area and a minimal amount of dirt and gravel hauling. In the event the BOCC approves Applicants request, ASR will move its operations from their current location at 620 E. Bleeker St., Aspen, to the Property. The move is necessitated by the redevelopment approval granted to Obermeyer for the property where ASR is currently housed. Obermeyer is unable to provide ASR with adequate facilities within the new complex for its entire operation. Applicant has received no relocation benefits. Applicant has been unable to identify any other adequate facilities for their continued operation except for the Property. In the event ASR is unable to relocate to the Property the likelihood is that they will no longer be able to remain in business within the Aspen area. 3. The Special Review Use Will Not Require an Expansion of the Existing Facilities. IfASR's application is granted it will be able to maintain its operations from the Property without any expansion to the existing facilities. The existing buildings and pastures on the Property would remain intact and undisturbed. 4. The Special Review Use Will Minimize the Current Impacts Generated by [he Property. ASR owns ten vehicles, five Mitsubishi cab over pickup trucks with plows, two Dodge pickup trucks with plows, two Jeeps with plows for use in their snow removal operations and for removal of large amounts of snow they utilize one dump truck. During the winter months ASR normally has six full time employees, four part time employees when snow removal operations dictate, and during the remainder of the year four full time employees. On a normal day of operation in the winter the trucks are deployed early in the morning over the course of an approximate twenty-minute time period and generally return onsite by late afternoon over the course of an approximate one-hour period. The pickup ,- tracks are clean burning vehicles and noise generation by them is minimal. The operation does not require trips in and out of the Property on an ongoing basis throughout the day. Thus, during normal business hours the extent of the traffic and noise generation from the -- Property will be less than that generated by the current use as a dog kennel and veterinary hospital. The sole dump track will also normally exit and reenter the Property on snow removal days only once. With regard to the asphalt repair portion of ASR's business, loaders would remain on site in Aspen, possibly in the Obermeyer complex, and would have no impact whatsoever on the Property. The dirt and gravel hauling during the summer months is minimal and no dirt or gravel would be delivered to or stored on the Property. This portion of the business would require only infrequent entry and exit to and from the Property and this would not be on a daily basis. ,- It is worth noting that, despite the current location of ASR's operations in a high- density area of the City of Aspen with many nearby residential condominiums, the business has never had a noise complaint lodged against them. 5. ~Applicant Would Improve Existing Facilities on the Property. If the application is approved ASR proposes the following improvements to the Property: (a) ASR has the capability to do its own asphalt repair and restoration. They propose re-surfacing the existing driveway " and parking area to make them much nicer than they are currently. This improvement would not entail any expansion to the existing driveway and parking. -- (b) ASR proposes landscaped berms along the highway side of the Property in order to further minimize visual impacts and the impacts of any noise generation from the Property. " Applicant would, as an alternative, propose sound barrier fencing rather than landscaped berms. In either event -- Applicant is ready and willing to address any concerns that may arise in this area. 6. Applicant Would Be Able to Provide Snow Removal Operations for Pitki. " County. Pitkin County has, in the past, requested ASR to provide snow removal on Watson Divide, the Woody Creek area and other miscellaneous County Roads in the vicinity of the Property. Due to their current location in the City they have been unable to provide this " service in the past. In the event ASR is able to relocate to the Property, they would have the ability to provide these services to the County. 7. Pitkin County Land Use Code Section 3-80 - H~zard Review Exemption. Applicant, as stated above, does not seek approval for any development activities on the Property in conjunction with this application and is therefore exempt pursuant to the provisions of Section 3-80-020 C., that is, the existing development on the Property has previously received all necessary approvals. 8. Pitkin County Land Use Code Section 3-210 - Special Review. The application meets the standards of Section 3-210 for activities listed as Special Review in the use tables of the code. The application meets the standards set forth in Section 3-210 A, does not conflict -- with County Land Use Policies in Article 2 of the Code and does not conflict with the intent of the Zone District in which it is proposed to be located by virtue of the fact that the Code specifies Equipment Supplies and Contraction or Subcontraction as an allowable Special " Review Use in the AFR- 10Zone District. The application meets the standards set forth in Section 3-210 B. The proposed -- Special Review Use will remain in harmony with the surrounding area in that no changes to the land and existing structures are proposed and the Applicant believes that any adverse -- effects will actually be less than those of the existing Special Review Use. As stated above, Applicant proposes further minimizing any adverse effects on surrounding properties from visual impacts, vehicular circulation, parking, noise, vibrations and odor. The application meets the standards set forth in Section 3-210 C. There are adequate public facilities and services in existence to serve the existing Special Review Use -- and the proposed Special Review Use will create no new or additional burdens on these facilities. The application meets the standards set forth in Section 3-210 D: (a) The proposed Special Review Use will not materially endanger the public health, safety or welfare; (b) The proposed Special Review Use will not substantially injure the value of adjoining or abutting property. Delivered herewith please also find a check from Scott Harper, P.C. Trust Account for total deposit for review of application in the amount of $3,675.00 and the following information requested in the Pre-Application Conference Summary: 1. Consent letter authorizing this firm to act as Applicant's representative - one copy. 2. The Pre-application Conference Summary - one copy. 3. A 24" x 36" folded site plan - six copies. 4. Proof of ownership including legal description, Schedule A of the current commitment to issue Title Insurance to John T. Romanus, owner of ASR, the Applicant - one copy. 5. Previous Land Use Approvals -. six copies. 6. List of all adjacent property owners - one copy. Please let me know at your earliest convenience if you need any additional information. Very truly yours, SCOTT HARPER PROFESSIONAL CORPORATION By: /s/ Scott Harper Enclosure cc: Romanus LAW OFFICE OF SCOTT HARPER PROFESSIONAL CORPORATION 1280 UTE AVE., SUITE 10 ASPEN, COLORADO 81611 (970) 544-5000 FACSIMILE (970) 544-5010 June 12, 2003 e-mail: harper~sopris, net Pla Hand Delivery Ezra Louthis, Planner Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Aspen Snow Removal - Special Review Use Application Dear Ezra: This letter of request addresses Pitkin County Land Use Code Section 3-80, 1041 Hazard Review Exemption, Section 3-210, Special Review and addresses previous land use approvals per the requirements of the Pre-Application Conference Summary dated April 7, 2003 as follows: The Property is zoned AFR-10 and contains approximately 3.148 acres. The application is for a Special Review Use in the AFR-10 Zone District to utilize the parcel as the operations base for Aspen Snow Removal, Inc. ("ASR") pursuant to the provisions of Code Section 3-40-090 C. 14 - Equipment Supplies and Contraction or Subcontraction. The property is currently owned by Games, LLC and is under contract to John Romanus, owner of ASR, the Applicant. The application is authorized by the current owner in conjunction with that certain Contract to Buy and Sell Real Estate (Commercial) dated April 2, 2003, between Romanus and Games, LLC ("Contract"). The Contract is expressly contingent upon Pitldn County Special Review Use Approval and will terminate in the event the application is denied. The Agreement to Amend/Extend Contract dated May 12, 2003 containing the aforementioned contingency is submitted herewith. 1. Current l lge of the Proper~y. The Property, located at 30875 Highway 82, is currently approved for use as a veterinary clinic pursuant to Resolution No. 83-91, Resolution of the Board of County Commissioners of Pitkin County, Colorado Granting Special Review Approval for the Ensign/MacMichael Veterinary Clinic. The current commercial use is for the Aspen Valley Veterinary Hospital. Ezra Louthis, Planner Pitkin County Community Development Dept. June 12, 2003 Page 2 of 5 Subsequent to the irfitial approval the following amendments have been approved: (1) Resolution No. 98-23. The Pitkin County Board of Adjustment granted a temporary Arterial Highway Setback Variance to allow a temporary placement of an Aviary; (2) Resolution No. 98-175. Minor Amendment to Special Review, Commercial Development with Negligible Growth Impacts and Special Review for a dog grooming business as an allowed use on the site and for the addition of two horse stall structures; (3) Resolution No. 99-143. Amendment to Resolution No. 98-175. Timeframe extension for removal of the Aviary, installation of the barrier fencing around the outdoor runs and provision of documentation regarding the existing septic system. Copies of all previous Land Use Approvals are submitted herewith. 2. ·' ' . ASR currently contracts to provide snow removal for many areas within the City of Aspen and its environs. ASR currently performs snow removal operations for the City of Aspen. During the remainder of the year ASR provides asphalt repair services to the Aspen area and a minimal amount of dirt and gravel hauling. In the event the BOCC approves Applicants request, ASR will move its operations from their current location at 620 E. Bleeker St., Aspen, to the Property. The move is necessitated by the redevelopment approval granted to Obermeyer for the property where ASR is currently housed. Obermeyer is unable to provide ASR with adequate facilities within the new complex for its entire operation. Applicant has received no relocation benefits. Applicant has been unable to identify any other adequate facilities for their continued operation except for the Property. In the event ASR is unable to relocate to the Property the likelihood is that they will no longer be able to remain in business within the Aspen area. 3. IfASR's application is granted it will be able to maintain its operations from the Property without any expansion to the existing facilities. The existing buildings and pastures on the Property would rema/n intact and undisturbed. Property. ASR owns ten vehicles, five Mitsubishi cab over pickup trucks with plows, two Dodge pickup tracks with plows, two Jeeps with plows for use in their snow removal operations and for removal of large amounts of snow they utilize one dump truck. During the winter months ASR normally has six full time employees, four part time employees when snow removal operations dictate, and during the remainder of the year four full time employees. On a normal day of Ezra Louthis, Planner Pitkin County Community Development Dept. June 12, 2003 Page 3 of 5 operation in the winter the trucks are deployed early in the morning over the course of an approximate twenty-minute time period and generally return onsite by late afternoon over the course of an approximate one-hour period. The pickup trucks are clean burning vehicles and noise generation by them is minimal.. The operation does not require trips in and out of the Property on an ongoing basis throughout the day. Thus, during normal business hours the extent of the traffic and noise generation from the Property will be less than that generated by the current use as a dog kennel and veterinary hospital. The sole dump truck will also normally exit and reenter the Property on snow removal days only once. With regard to the asphalt repair portion of ASR's business, loaders would remain on site in Aspen, possibly in the Obermeyer complex, and would have no impact whatsoever on the Property. The dirt and gravel hauling during the summer months is minimal and no dirt or gravel would be delivered to or stored on the Property. This portion of the business would require only infi'equent entry and exit to and from the Property and this would not be on a dally basis. It is worth noting that, despite the current location of ASR's operations in a high-density area of the City of Aspen with many nearby residential condominiums, the business has never had a noise complaint lodged against them. 5. Applicant Wnnld Improve Existing Facilities on the Property. If the application is approved ASR proposes the following improvements to the Property: (a) ASR has the capability to do its own asphalt repair and restoration. They propose re-surfacing the existing driveway and parking area to make them much nicer than they are currently. This improvement would not entail any expansion to the existing driveway and parking. (b) ASR proposes landscaped berms along the highway side of the Property in order to further minimize visual impacts and the impacts of any noise generation from the Property. Applicant would, as an alternative, propose sound barrier fencing rather than landscaped berms. In either event Applicant is ready and willing to address any concerns that may arise in this area. Pitkin County has, in the past, requested ASR to provide snow removal on Watson Divide, the Woody Creek area and other miscellaneous County Roads in the vicinity of the Property. Due to their current location in the City they have been unable to provide this service in the past. In the event ASR is able to relocate to the Property, they would have the ability to provide these services to the County. Applicant, as stated above, does not seek approval for any development activities on the Property in conjunction with this application and is therefore exempt pursuant to the provisions of Section 3- 80-020 C., that is, the existing development on the Property has previously received all necessary approvals. Ezra Louthis, Planner Pitkin County Community Development Dept. June 12, 2003 Page 4 of 5 8. Pitkin CnnnW [,and l[~e C~cle ~qeetinn 3-210 - Sneeial Review. The application meets the standards of Section 3-210 for activities listed as Special Review in the use tables of the code. The application meets the standards set forth in Section 3-210 A, does not conflict with County Land Use Policies in Article 2 of the Code and does not conflict with the intent of the Zone District in which it is proposed to be located by virtue of the fact that the Code specifies Equipment Supplies and Contraction or Subcontraction as an allowable Special Review Use in the AFR- 1 OZone District. The application meets the standards set forth in Section 3-210 B. The proposed Special Review Use will remain in harmony with the surrounding area in that no changes to the land and existing structures are proposed and the Applicant believes that any adverse effects will actually be less than those of the existing Special Review Use. As stated above, Applicant proposes further minimizing any adverse effects on surrounding properties 5om visual impacts, vehicular circulation, parking, noise, vibrations and odor. The application meets the standards set forth in Section 3-210 C. There are adequate public facilities and services in existence to serve the existing Special Review Use and the proposed Special Review Use will create no new or additional burdens on these facilities. The application meets the standards set forth in Section 3-210 D: (a) The proposed Special Review Use will not materially endanger the public health, safety or welfare; (b) The proposed Special Review Use will not substantially injure the value of adjoining or abutting property. Delivered herewith please also find a check from Scott Harper, P.C. Trust Account for total deposit for review of application in the amount of $3,675.00 and the following information requested in the Pre-Application Conference Summary: 1. Consent letter authorizing this firm to act as Applicant's representative - one copy. 2. The Pre-application Conference Summary- one copy. 3. A 24" x 36" folded site plan - six copies. 4. Proof of ownership including legal description, Schedule A of the current commitment to issue Title Insurance to John T. Romanus, owner of ASR, the Applicant - one copy. 5. Previous Land Use Approvals - six copies. Ezra Louthis, Planner Pitkin County Community Development Dept. June 12, 2003 Page 5 of 5 6. List of all adjacent property owners - one copy. Please let me know at your earliest convenience if you need any additional information. Very truly yours, SCOTT HARPER PROFESSIONAL CORPORATION Enclosure cc: Romanus RI:SOLU?ION O!" ~ARD ~CO~y COI~ISSiON~R~ O~ PI~KI~ ~OUNTY, =~ ~ Resolution NO. 83 - 91 re~erred to.as '~ppZXcanb") are ~e ~ners o~ record of acres of real ~ro~er~ more spec~ficaZ1y descried on ~e ~, ~e appl~c~ts hays r~uest~ s~c~al review approval for use of ~e property as a kennel and veterina~ clinic, and ~, a P~l~c hearing was held before ~e ~rd of County C~ss~oners a~ ~eir regul~ ~e~ng on August 8, 1983 at ~i~ ~ evidence ~ ~sti~ny w~e presen~d w~ res~ct ~ sa~d application. ~, THE~, ~ IT ~SOL~ b~ ~e Bo~d of County of PitOn Co~y, Colorado ~at ~ d~s hereby grant special review ~pproval for ~e use of ~he ex,sting 1,286 square foot house as a "s~l~ an~al cl~nic-~ ~e ?92 square foot garage shal~ be used for ~dog b~rd~ng kennels~ and ~e 775 square foot barn shall ~ us~ ~or "horse surge~-. BE ~T FURTHER ~SOL~ ~at ~ls approval ~s subject to the 1. There shall be no ~pansion of ~e bul~ings on ~e '~- The p~k~ng a~a shall be sc=eened ~d all ex~st~ng ~3. The applicant sh~11 ~lnta~n ~e ~rr~gat~oa of the Paring shall be prohibited on ~e pav~ apron, ~ satisfaction of 2he ~P~nt of Env~ro~ntal Health, a~ 6.The ~loyee unit shaZl co~ly wi~ ~e ~ployee dwelling unit regulations. 7- The applicant sha~ ~ns~ll 'baffling spa~rs' or use other me~s y~e~ding as effec~ve no~se ~nsula~on, for sound ~nsu~t~on ~n ~e garage which as a ke~nel. AI~ do-s ~ ...... ~s ~o be used runs w~ll be pe~itte~,'~o~n9 aha no~ outside do9 ~ 45l ~0 APPRO~D by the Board o~ County Commlss/onmrs o~ Pitkln County, Colorado at ~ts r~ular ~etiag on August 22, 1983. B~ OF ~ONTY CO~IsS~ONERS · ~ ............. ~ , ~ ~'~ L~ Sc~k~, Deputy County Cl~k APPROVED AS TO FOP.14: 450 EXHTB~T A A croat of land s/tuated in L~t ?, L~t 11 and Lot 12 o~ Seetl~ ~8e 85 ~sC of Cbs S~ch P.N., ly~g SouC~sterly of the ~nter of c~ ~r~ Fork 8aid tract o~ Ind berg described as ~ 33.~5 ~eeC ~ou~ the c ........ ' ...... ~-~.~ rlgh~ o~y 11~ of oa~d Hl~y; t~ce NO~C~ 68*18t~" ~.. 62'06'00" ~eS~ 403.92 feet; ~hence North ~-~t~,, ~s~ 69.~4 ~eec z~aht~f-~ay l~e of said at~vay to the Point of BeaChing. RESOLI~i'tON OF TI~_. BOARD OF COUINi'x' C~)lglMISSIONgI~ OF Pt-~-~ CO~'~-~, COLO~o, G~-t-~ ~PROV~ TO ~ AS~EN V~ ~~y HOSP~ ~R A ~OR ~~ ~ SPE~ ~, CO~R~ DE~OP~NT Comm~i~ ~l~m~t wi~ Negfi~ble Gw~ ~c~ ~d S~oia[ Renew to ail~ for 2. ~e p~ is [~ at 30975 Hi~y 82. 3. ~e ~ is subj~ ~ a S~hl ~vi~w ~it ~en~d in ~ R~olution No. g3-91. 5. ~ ~ ~ ~is ~pli~ at ~ ~l~ly ~uled ~ng on Au~st 26, 1998, at which 6. ~o Bo~ h~ ~h ~[i~n at i~ ~y ~h~u~ m~t~g of S~r 9, ] 998, at ~i~ ~t it ~ h~ ~t ap~v~ to ~e As~ Vall~ Ve~ H~iml S~ial R~i~ amendmem ~1~ ~m ~ ~ ho~ of 10:00 ~ ~ 3:00 p~ ~e Applier shall Jnml[ 3. Prior to Ocwb~ 12, l ~g, file Apph~t ~all ~tdo ~c~ ~ ~e Envi~menml ~t of ~ ~u~ domestic mawr supply. 4. PM~ m ~o~ 12, 199~ ~ A~i~ ~ll p~ide W the Environmental H~I~ De~t Resolu~iou ~o. 98- ~7~'~ Page 2 5. Prior to October 12, 1998, the Applicant shall provide the Community Development Depa~iment a parking plan t'or 14 spac.~s. The parking plan shall include ~reening of'the parking area ~om State Highway 82. 6. The Applicant shall comply with any · - Protect/on Oiatr/ct applicable codes and requirements of the Aspen F/re 7. The Applicant shaU submit a letter annually, by October I ~, to the Community Development Department regarding the Aspen Valley Veterinary Hospital operation documenting compliance with the conditions of this approval. If the applicant wishes to alter a structure method or'operation of an anti~ity governed by this Speoial or change a use or Review approval in a manner not provided for by this approval, the Applicant shall apply to the County for revision of the existing permit, or for a new Speoial R~view approval. 8. The aviary, the Birdbrain (retail operation) and The Gabriel Foundation shall be removed from the site by October 31, 1999. Until the aviary's removal, the following requirement shall be met: a. The birds shall only be allowed in the outdoor aviary dining the hours of 8:00 am to 5:00 p.m. b. C~roup tour~ to h~e site shall not ex~eed three per week. o. All promotion and advertising of the Birdbrain shall ~easa immediately. The Birdbrain almll cease ali tc~ether with the termination of the aviary as set forth in Condi~on 8 of this resolution. d. Board of Adjuslment approval for the avlery in the 200' Arterial Highway setback is required and the vatianca must be recalved by DeC, lobar 31, 1998, or this approval is void. e. The air-blower shall be allowed to run during the hours nfS:00 am to $:00 p.m. £ The gull spectrum lighting shall be utilized only during the hours of 8:00 am to 5:00 p.m. 9. The Applicant shall revise his access permit with to October 12, 1998. the Colorado Depa,lment of Transportation, prior I 0. Prior to October 12, 1998, the Applicant shall provide the F~nvironmentai Health Department, for review and approval, a eMio mitigation program for inoreased traffic generated per day by the increase irt uses. The plata · · should r. ontam speoiflc and enforceable control measures. In addition. the plan should include doaumantation shOWing that the l:a'oposed mitigation measures will fully mitigato er of~t ali PM~o inoressea caused by the project in the non-attainment area. 1 I. The Applicant shall adhere to all material representations made in the application and in the public meetings. I IIIIII I!111 IIIIII IIIIII II! IIIII!1 IIII! III Ilill IIII IIII of ~ R 8.eIB D e.ee N B.Be PX'IX~'N ¢~WftY ~0 ~.esolutioa No. 9s-/ ~..~'~ 12. Feilum to cmply w~ any ~difio~ w~ ~ time s~ifi~ shall au~mati~ly revoke this ~prov~ ~d~n all ~o~ ~ limi~ns o~R~lution No. 83-91 will ~ in e~ect ~d ~y a~itio~l u~ b~ond ~e ~ ~ ~solution No. 83-91 ~all ~ removed f~m the p~t~ In ~ifion, ~ ~l~t ~11 be ~u~ ~ submit ~ ~nual 1~ to ~e Commun~ Develo~ent ~ ~ng ~mpli~ or ~e ~plic~t ~! ~ply ~ the Coun~ for -. ~v~s~on of ~e ~g ~ or f~ a n~ 8~ial ~vi~ ~pmval. uO~ OF CO~  OF ~ ~0~ z~, CO~ ~ Cle~ ~d ~r ~ir ~ Ely, ~ C~ ~ou~ Coun~ ~ Comm~i~ ~velopm~ C~e ~P51-98 PID ~2~3-062-00-014 ! IIIIII IIIII ii1111 Iliili I!1 Iii1111 IIIII II! .,~,.. ,.,,~,,. -.~. LII IIII !111 . .,,, ,., 0 ,.,, RESOLUTION OF THE PITKIN COUNTY, COLOR,4.DO BOARD OF ADJUSTMENT FOR ADOLFo GAMES _.~E~S, A~lfo ~, own~ of30875 Hi~y 82, is ~q~ng a 121' A~i~ Highway S~ba~k v~, ~ ~low a tcm~ placem~ ora bi~ ke~el; ~d ~S, a 200' ~ is ~u~ ~m ~ ~y 82 right.f-way; ~d ~~, ~ ~bj~ ~ is d~ ~ ~ibit "A' ~ ~n~ 164,552 ~ f~; ~d, ~, ~e Bo~ ~f ~j~em is v~t~ ~ ~e pow~ ~o ~t or d~y such ~ces by v~ ofT/fie H, S~on 7-10.30, Pi~in Co~ C~e (~d Use Code) ~d Color~ R~i~d S~, 1973, 30-2g-118~) (C); ~ ~AS, b~ on ~e evidence p~n~ ~e Bo~d of Adjust ~ ~e followi~ findings: l. ~ nofi~ ~ed~, in~l~ ~ nofifi~fion of ~ adjo~ ~ o~s. h~ ~ 3. ~ng ~ mlief~ll not ~ ~ti~ d~m~ii to ~ public we~ ~ ~1 no~ ~b~ly ~ ~ ~t ~d p~ of~e ~g Resolufi~ ~d ~e ~ning ~ps. WAR.~JIN/3: Any violation of~he terms or,his resolution may result in re. hearing and possible revocation. The Resolution was adopted by vote of the Board of AdjusUnent office County of Pitldn; Siat~ of · Colorado. DATI~D: December 1, 1998 The Board of Adjusm~en~ of Ai-II:~T: Pitkin County, Colorado .Bill Lukes, Chair I !i1 i i11 I1 i IilI !!i1 ! .,..,,... Iii!!11111 I!!1111111 o.ee I) Bee N · Z o~lvz~ · . BO P.~I"KZN (~OUNTy ~0 :-:- :; ~ land ~e~ d~.~ ne =oXlowe: .. -'. - .:'.~ ~ ~ riv~J ~n=e = 55'55'00' ~ 33.45 ~fl~' ~ong ~e ~m= ~f.-~.=~ - -" ~'' ~' ~ -' ~:-~ .... - :~: .i.~ ~. . · ....:.~:.; '~ .- --' '.-' .... IJlff J Iii I[I IJ Iii il m fill BI lie ~-:-.-...=,, :,- . ~---"~-:~-'~-...:-->';~, .~.~'.' RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL TO THE ASPEN VALLEY VETERINARy HOSPITAL FOR AN AMENDMENT TO RESO/. ~rFION NO. 98-175 Resolution No. 99, } t~3 / RECITALS t. Aspen Valley Veterinary Hospital ("Applicant") Ires applied to the Pitkin County Board of County Commissioners ("BOCC-) for an amendment to Resolution No, 98.175 ("Exh/bR A ) to allow for the following timeframe extensions: · removal of the Aviary by November 30, 1999; · installa~inn of the barrier fencing around the outdoor runs by November 30, 1999; and · provide Environmental Health Department documentation regarding the existing septic system byNovember 15, 1999." . 2. The property is located at 30875 Highway 82. 3. The Applicant was granted approval by the BOCC on September 9, 1998, pursuant to Resolution No. 98-175, for a Minor Amendment to a Special Review (granted in 1983), Commercial Development with Negligible Growth Impacts and Special Review to allow for the expansion of an existing facility and use on 4. The BOCC heard the pphcant s request at ~ts regularly scheduled meeting on October 13, 1999, at which time evidence and testimony were presented with respect to this application. 5. The BOCC finds that the applicant's request for the above listed timeframe ext~sions are reasonable. / NOW THEREFOR~ BE IT RESOLVED by the Pitkin County Board of Comity Commissioners that it does hereby grant approval to the amend Resolution No. 98-175 for the Aspen Valley Veterinary Hospital, subject to the following conditions: l. The Applicant shall comply with the provisions of Resolution No. 98-175 unless otherwise replaced or amended by the Conditions of this approval; 2. The barrier fencing around the outdoor runs shall be installed and approved by the Environmental Health Depaiauent by November 30, 1999. 3. The temporary AViary structure shall be removed from the property by November 30, 1999. 4. The Applicant shall provide documentation to the Environmental Health Department regarding the existing septic system by November 15, 1999. APPROVED AND ADOPT~.I~ ON ~ 13TH DAY OF OCTOBER 1999. ,. Resolution No. 98-/~.3 Page 2 ATTEST: BOARD OF COUNTY COMMISSIONERS · ,.<? · / ~ PITKIN COUNT~ COLORADO ' ,."LS' ,eR . Cl~ to the Board L/L~slie $. Lam~l~ t/ , - Chair APPROVED AS TO FORM: APPROVED AS TO CONTENT: $ohn Ely, Cindy Houb~n, County A'l~omey Community D~velopment Director Case #PS 1 PID #2643-062-00-014 I IIIIII IIIII IIII!1 IIIII IIIII I!1111 I!111 ill III!! Illl Iill .437Sg2 11112/1000 90:48R P. ESOLi.FFI ~S SZLVI ,r of 5 R e.e8 o 8.89 N e.89 PZTK3'N COUNTY CO Exhibit A RESOLUTION OF ~ BOARD OF COUNTY COM!~I~SSIONER~ OF PITKIN COUNTY, COLORADO, GRANTING .4~PPROVAL TO ~ ASPEN VALLEY VETER/NARY HOSPITAL FOR A ~fINOR .42~ENDMlr~T TO SPECIAL REV~W, COMiV~R~ DEVk-~LOP.'~IENT WITH N'EGLIGEBLE GROWTH IMI~ACTS .-~ND SPECIAL Resolution No. 98.../.~ Aspen Valley Vemr/nary HospitaL be~m..'ter ".~pticam". ;las applied to the Pitk/n Count' Board of County. Commissioners, hereaz~er "Board". tbr ~ M/nor Amendracnr to Special Revie~v. Commercial DeveloPment wkh Negligibie Growth Impacts and Special Review expansion et'exist/ns tacii/ries and us~s on &c sire 2. The property, is/ocaredar 30875 Hi,way 82. 3. The prope~, is subject to a Special Review permk documented in Board Resolution No. g3-9 t. 4. The property, is zoned AFR- [0 and contains approx/marely 3.148 acres. - 5. The Board henrd this aPPtica~/on ar its reguiarfy scbeduled meafing on August 26. 1998. ar which time the application was corrfinued for thrther anal.vs/s. 6. The Board heard th/s application ar its regularly scheduled meetimz of September 9, 1998, at which t/me evidence and t~stimony ~vere presenr~ w/th respect to this a~plication. ~o 7. The Board finds dug the application generally complies with the p/ddn County Land Use Code. - ~ ,- NOW TWt. n~.~ORE BE IT RF,.SOL~ by the Piddn Coun~ BOm/of Court .fy Commissioners ~ tha£ it does hemby granr approval to thc Aspen Vallcy Ve~-inary Hospital Special Review amendment -. requ~, subject m ~he following conditions: ~a. t. Thc dog grooming business shall be an allowed us~ on the sit~ with no ~cpansion of th~ ~dsting operation. Two additional hors~ stall structures shall be allowed. These hors~ stall sxru.cmres shall ~ 10 ~. be located behind tim barn and shall not visible from State Highway 82.  2. The applicant shall c°mplywkh theminimurnstamregulatiunsforou~doorke~nnels, The aPplicant !6 shall provide documeamion and calc-!~ons ~o the Community Development Department, prior to  the r~cordafion of this re, sohrfion, as to how these ~quirernents will be mc-~. Dogs shall only be kenneled ou~oors between the hours of' I ~:00 am and 3:00 p.m The Applicant shall install sound ~ . barrier fonc/ng which meets the approval of the Environmental Health Depm'~menr,  3. Prior to October 12, 1998, the Applicant shall provide documeutalion to the Environmental Health Del:re'anent of'un ,tl~,,m domestic water supply. 4. Prior to October 12, 1998, the Applicant shall provide to the Environmental Health Department documentation that the septic 'system is adequate for the uses on the site. I llllll Ill{I flllii Illll IIIl{ iillll IIII! m lllll IIll Iii{ .437_6~_ _~1/12/%901 ~0:461~ RESOLUT! DAVIS SILV q o,. R 9,oe o e.ee N e,ee PXTKIN COUNTY CO! Kesoiurdon No. 9~- / Pa~e $ I2. FalIure to comply w/th any condkions w/tfi/n the t/me specified shaft automatically revoke this approval and then all cond/tions and lhnimions of Resolution No. 83=91 will be in effect and any additional us~s beyund those app~ved by P,~otution No. 33-91 shall be removed from the premise& In addition, the appl!c.~ will be r~air~d to Submit an annual le~t~r to the Communkv Development Department documenting comptianc~ or thc appticam shall apply to the Counrv t'~r revision of the ex. isting permk or for a new Special Keview approval. ATTEST: . ' ~ BOARD OF COUNTY COMA4I$$IO~  OF PITKIN COUNTY. COLORADO Doro~ea Farris -' Depuw Clerk and Recorder Chair APPROVED AS TO FORM: APPROVED AS TO CONTENT: Coun~ A~hey Community Development Director Case #P~ 1-98 PID ff2643 -06.7.4~2~.0 t 4 I i11111 I!111 I!1111 !1111 IIIII i11111 III!1 I!i IIIII !111 IIii ~ o,r = ,~ e.ee O e.ee a e.ee PZTKXN COUNTY CO Improvement 8~rvev Tract A - Haneen Tracts Exemption A parcel of land bem£ situate_d in the N1/2SE1/4 of Section 6 Township 9 South, Range_85 West of the 6th P.M. County of Pitkin, State of Colorado