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HomeMy WebLinkAboutbocc.res.133.2005 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE DANCE PROGRESSIONS, LLC SPECIAL REVIEW, GMQS EXEMPTION AND VESTED RIGHTS Resolution No. L3L-2005 RECITALS 1. Dance Progressions, LLC ("Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to locate their dance studio at the AABC. Special review is required in the B-2 zone district for those uses not listed. Dance Progressions proposes to convert a garage/storage and warehouse building, once occupied by Waste Management, into a children's dance studio. The building is approximately 3,520 square feet. 2. The lot is zoned B-2 and is 10,700 square feet. 3. The lot is located at 403 AABC, and is described as Lot 7B, Block 5, Aspen Airport Business Center. 4. The BOCC reviewed the application at a duly noticed public hearing on September 28, 2005, at which time evidence and testimony were presented with respect to this application. 5. The BOCC further finds that the application is generally consistent with the special review and GMQS provisions ofthe Pitkin County Land Use Code. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the Dance Progressions, LLC Special Review and GMQS Exemption, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. Prior to the submittal of any building pennits, or within 90 days of final approval, which ever occurs first, the applicant shall provide sufficient infonnation to the County to detennine the applicable Road Impact Fee per Section 10-130 of the Pitkin County Land Use Code. Any applicable fee will be paid prior to building permit issuance. 2. Prior to the submittal of any building pennits, or within 90 days of final approval, which ever occurs first, the applicant shall submit for approval a parking plan for the development showing where parking will take place. The parking lot shall be striped prior to occupancy. 3. Prior to the submittal of any building pennits, or within 90 days of final approval, which ever occurs first, the applicant shall present for approval a definitive plan for meeting and escorting students that are dropped off or picked up at locations other than directly outside the studio's doors. 4. After one full year of operation, an employee audit shall be conducted by the applicant for verification ofthe proposed 1.042 FTEs. The audit shall be paid for by the applicant and the Housing Office shall approve the auditor prior to the audit being conducted. Any increase over the 1.81 FTEs (the number of employees generated by the previous use) shall require the appropriate affordable housing impact fee to be paid for the use to remain in conformance. I J t J~NICE K VOS C~UDILL PITKIN COUNTY CO 522894 Page, 1 of 3 . 04/1212006 02:051 R 0.00 D 0.00 Resolution No./.J3 -2005 Page 2 5. The Applicant shall adhere to all material representations made in the application or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. The facility shall be utilized primarily as outlined in the attached Exhibit A. 6. This approval is site specific to the requested location and does not assume similar approvals would be granted in the AABC. 7. 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 Pitkin County Land Use Code, ~ 4-140 and C.R.S., ~ 24-68-105. The statutory vested rights granted herein shall expire on September 28, 2008. NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 28th day of August, 2005. APPROVED AND ADOPTED this 28th day of September, 2005. PUBLISHED AFTER AD:YTlO~OJM'ESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the~ (jay of l.tAJ.I, 2005. ~ST: I BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By ~.~'d~ Patti Kay-Clapp , Chair Date tJ'I--1L -0 r; APPROVED AS TO FORM: APPROVED AS TO CONTENT: ~~(Qj. ~tff Cindy Rouben, Community Development Director Case #PI78-05; PlD #264334405972 Dance pro reso.doc I I 1 -,- . --... "I' .-- 522894 Page: 2 of 3 . .. 04/12/2006 02' 051 J~NICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 . DavisHorn~s. PLANNING & REAL ESTATE CONSULTING t~ h~~'i A March 24, 2006 Lance Clarke AICP pitkin County Community Development Department 130 South Galena Stead Aspen, Colorado 81611 Re: Dance Progressions LLC Hours of Operations Dear Lance: The Board of County Commissioners has requested a regarding Dance Progression's hours of operations. provides the clarification. clarification This letter Typically children I s dance classes will occur from 4 PM in the afternoon until 10 PM. On occasion classes will begin as early as 3 PM. The schedule for the calendar year shall be approximately the same as the Aspen Public Schools calendar year. There may be adult classes in the day time at any time during the year and possibly some adult classes in the evening when the public schools are not in session. There will not be more than five hours of adult classes during the day time. Dance Progression has no plans to utilize the facility for more than five hours during the day time. ~here m~y be some day time summer camps for kids when school is not ln seSSlon. Typically, the camps will be limited to one, two or three week periods. The camps will occur between 8 AM and 4 PM for no more than eight hours a day. This letter addresses concerns raised by the Board of County Commissioners at the public hearing. Please contact me if I can be of any further assistance. Thanks. Sincerely, S HORN INCORPORATED ;,J~ LE~ HORN AICP III Page: 3 of 3 I 04/12/2006 02:051 J~NICE K VOS C~UDILL PITKIN COUNTY CO R 0.00 D 0.00 522894 Clarke. 326 ALICE DAVIS AICP S GLENN HORN AICP 215 SOUTH MONARCH ST.. SUITE 104' ASPEN, COLORADO 81611 .970/925-6587' FAX: 970/925-5180 adavis@rof.net ghorn@rof.net