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coa.lu.ca.S/C/I Rewrite.1979
/~o5«-~e, ~~~~-~ ors ~~~~n ~~~r~ a~ ~~~`~ 6~ 6e ~rn,¢ ~r~ q~ S -d98~ U~ C~~ /~ crtvi ,(~O~ T7 ~ fi".rt -fv b ~ fh wh s yr ~~ f :.T it c p1 d- H, p ~., i/e ~~ Sf,.GCy ii Lt,~„~ (e,r{ . \a~~ ~~~~~ ~~~ z ~~ j` ~( N` 4' ~1 /to/ u~M /~.~c.~ ~c~~n ~ , ~ ~..~, City of Aspen Pre-Application Conference Summary -,. /Ma~<<Lac,~r~,- ~/a~~95 Plan er Date Project Applicant's Representative Representative's Phone Owner's Name Type of Application Description of the pr aue Cy / The applicant has been requested to respond to the following items and provide the following reports: Land Use Code Section Comments Referral Agencies The review is: (P&Z only) (CC only) (P&Z and CC) Public Hearing: (yes) (no) Deposit for the Application Review: Referral agency flat fees: TOTALDEPOSIT (Additional hours are billed at a rate of 163/hr.) To Apply Submit the Following Information: 1. Proof of ownership. 2. Signed fee agreement. 3. Applicant's name, address and telephone number in a letter signed by the applicant which also states the name, address and telephone number of the representative. 4. Total deposit for review of the application $ 5. copies of the complete application packet and maps. 6. Summary letter explaining the request (existing conditions and proposed uses), including street address and legal description of the property. 7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 8. Site plan shall include property boundaries, lot size, proposed access, and physical features (drainageways, streams, rivers, etc.) 9. 10. These items need to be submitted if circled: a. List of adjacent property owners within 300 feet of the subject property with addresses. b. Site photos. c. Proof of legal access to the parcel. d. Historic Preservation Commission review/approval. i^ --. " ~' USE IT AGAIN `°~ Quality Used Sporting Equipment 465 North Mill Street, Unit#9 Aspen, Colorado 81611 (303) 925-2483 ~ ~~"s/ ~_ vSC (~ EGA ~~J - 2 Y~g ~~~ ~~~ Z~ s~,,~5~-„tip ~J~v~~ ~- ~~ y ~ ~~~ ~, v~ 3 ~ /~S9C~ ~L2D ~ ~~~5 virl-byv L~ - ~` z g ~l~ I ~~ ~- ~ ( ~~~ ~ (CAN ~~T~ ~~,~ ~i~~~~'i ~- ~~ ~~~ V~~LU ~ ~~~ f ~( l~ /~ ~.+.' ~, J November 23, 1994 Ms. Judy Levine 412 N. Mill St., Unit 12 Aspen, CO 81611 ASPEN • PITKIN PLANNING Sc ZONING DEPARTMENT Certified Mail Dear Ms. Levine: Pursuant to our conversation the Planning Department sta you of the City of Aspen condominiumized unit at 412 on November 21, 1994, I have met with ff and have been instructed to inform regulations as they pertain to your North Mill Street. Your unit is located in the Service/Commercial/Industrial (S/C/I) zone district. Residential use is not permitted as a primary use in this zone district. Section 5-21i.(A) of the Land Use Code states, "The purpose of this zone district is to allow for the use of land for the preservation or development of limited commercial and industrial uses which do not require or generate high customer traffic volumes, and to permit customary accessory uses, including residential dwelling units." There are a number of permitted and conditional uses in the S/C/I zone district (see attached list). However, residential use is only permitted as an "accessory use" to these permitted uses. Therefore, it is necessary to indicate the primary use of a commercial nature to which residential use will be an accessory use. Further, in this district, residential dwellings may be restricted to affordable housing guidelines. For your information I am enclosing the definition of "accessory use" (Section 3-101, Aspen Land Use Code) . Please indicate in writing the nature of the primary activity that you will be undertaking in your unit, in order.to demonstrate compliance with the use requirements of the zone district. S3O SOUTH GALENA STREET ASPEN, COLORADO 81651 PHONE 309.92O.SO9O PAX 303.92O.S I9~ r~~na~~dm w~. A If you have any questions, please contact me at 920-5104. Sincerely, William L. Drueding City Zoning Officer encl. cc: Stan Clauson, Community Development Director John Worcester, City Attorney , ^. r~ '~. § 5.210 ASPEN CODE Zat Siae Alloruable (Square Feet) (Squore Feet) 6,000-9,000 3,600 square feet of floor area, plus 16 squaze feet of floor area for each additional 100 square feet in lot area, up to a maximum of 4,080 square feet of floor area. 9;000-15,000 4,080 square feet of floor area, plus 6 square feet of floor area for each additional 100 square feet in lot azea, up to a maximum of 4,440 square feet of floor area. 15,000-50,000 4,440 square feet of floor area, plus 5 squaze feet of floor area for each additional 100 square feet in lot area, up to a maximum of 6,190 squaze feet of floor azea. 50,000+ 6,190 square feet of floor area, plus 3 square feet of floor area for each additional 100 square feet in lot area. All uses other than detached residential and duplex dwellings: 1:1; however, the 1:1 external floor azea ratio may be increased to 1.5:1 by special review pursuant to Article 7, Division 4. 11. Internal floor azea ratio: 1:1, increasable to 1.5:1; however, if the external floor area ratio is increased by special review pursuant to Article 7, Division 4, then sixty (60) percent of the additional floor azea must be approved for residential use restricted to affordable housing. E. O/~street parking requirement The following off-street parking spaces shall bepro- - vided for each use in the Commercial (C-1) zone district, subject to the provisions of Article 5, Division 3. 1. All residential uses: 1space/bedroom 2. Lodge uses: N/A 3. All other uses: 1.5 spacesJ1000 squaze feet of net leasable area which maybe pro- vided via a payment in lieu pursuant to Article ?, Division 4. (Ord. No. 47-1988, §§ 2, 5, 15; Ord. No. 7-1989, § 1; Ord. No. 17-1989, § 2) Sec. b-211. Service/Commercial/Induetrial(S/C/D. A. Purpose. The purpose of the Service/Commezcia]/Industrial (S/C/D zone district is to allow for the use of land for the preservation or development of limited commercial and industrial uses which do not require or generate high customer traffic volumes, and to permit customary accessory uses, including residential dwelling units. B. Permitted uses The following uses are permitted as of right in the ServiceJCommercia]/ Industrial (S/C/I) zone district. 1. Limited commercial and industrial uses including the following and similar uses: Vehicle sales; appliance and equipment rental, storage and repair; automobile repair; automobile washing facilities; electrical and plumbing service shops; commercial bakery; rnmputer product sales and services; limited industrial uses including: Builder's supply, industrial dry cleaning plant and laundry, fabrication and repair of building Sapp. No. I 1644 w ti,. / LAND USE REGULATIONS § 5-211 ~`~ materials and components, lumberyards, manufacture and repair of electronics or sporting goods, printing and publishing Plants, telecommunications supply, typeset- ting, warehousing and storage, shop-craft industry and similar uses, artists' studios with optional accessory dwellings. All of these uses are permitted provided they do not create unusual traffic hazard, noise, duet, fumes, odors, smoke, vapor, vibration, glare or industrial waste disposal problems, and provided that no permitted uses princi- pally sell daily or frequently bought items to the general public; 2. Accessory residential dwellings restricted to affordable housing guidelines; 3. Home occupations; and 4. Accessory buildings and uses. C. Conditional uses.The following uses are permitted as conditional uses in the Service/ CommerciaUindustrial fS/CIA zone district, subject to the standards and procedures estab- lished in Article 7, Division 3. 1. Full-service gas station; 2. Dance studio; _ 3. Martial arts studio; 4. Dwelling unit accessory to permitted uses other than artists studio; 5. Catalogue sales store; 6. Laundromat; 7. Photography studio; and 8. Satellite dish antennae. 9. Above-ground fuel storage tanks. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Service/Commercia]/Industrial (S/C/A zone district. 1. Minimum lot size (square feet): 6,000 2. Minimum lot area per dwelling unit (squaze feet): For artist's studios with accessory residential dwelling units and for other acces- sory dwelling units on lots between 6,000 and 9,000 square feet, the following square feet requirements apply: Studio: 1,000 1 bedroom: 1,200 ` ~ 2 bedroom: 2,000 ~.!:''.` 3 bedroom: 3,000 Supp. No. 3 1645 ~ .... LAND USE REGULATIONS 4 3-101 Accessory dwelling unit means a sepazate dwelling unit that is located within or attached to a principal residence, having a entrance sepazate from the primary residence, or that is detached from a principal residence situated on the same pazcel, containing not less than three hundred (300) nor more than seven hundred (700) squaze feet of allowable floor azea. An accessory dwelling unit shall be deed restricted to resident occupancy and shall not be a separate unit for density or sale purposes. Accessory use or accessory structure means a use or structure that is naturally and normally incidental to, subordinate to, and devoted primarily to the principal use or structure of the premises; does not change the basic character of the premises, as determined by its principal use or structure; is subordinate in area, extent and purpose to the principal use or structure served; contributes to the comfort, convenience or necessity of occupanu of the principal use or structure served; and is located on the same lot or contiguous lou under the same ownership as the principal use or structure. In no .event shall an accessory use be construed to authorize a use not otherwise permitted in the zone district in which the principal use is located and in no event shall an accessory use or structure be established prior to the principal use or structure to which it is accessory. Accessory buildings or structures shall not be provided with kitchen or bath facilities sufficient to render them suitable for permanent residential occupation. Accessway means a paved or unpaved azea intended to provide ingress or egress to vehiculaz or pedestrian traffic from a public or private righto£ way or easement to an off- ' ` street pazking, loading or similar azea. " Affordable housing means those dwelling units restricted to the housing size, type, income and occupancy guidelines or approval of the city council and its housing designee. Alley means a public way having less width than a street permanently reserved as a secondary means of access to abutting property. Applican~ means any person submitting a development application. Architectural projection means anon-functional or ornamental feature on a building. - Bandit unit means a structure developed or used in violation of the land use and building regulations in eiLect at the time of its rnnstruction. Base flood means a flood having a one (1) percent chance of being equaled or exceeded in any given year, also known as the one hundred (100) yeaz flood. Basement means that portion of a structure filly (50) percent or more of which is below natural grade. Bath facilities means that portion of a structure which includes a bath tub, shower or other personal bathing or washing azea. Bed and breakfast means asingle-family dwelling, or part thereof, other than a hotel or lodge, providing temporary lodging to guests generally for periods of less than one month, at least one meal daily for guests staying in the dwelling, generally limited to twelve (12) or Supp. No. 2 ~- 1577 a ,~. ~' " 51~ ~n ,/a~-~x /~a~ ~~fr~ ! ~o y~ ,/`ql ~ ~. ~ ~,,~ o!d sews 6 ~~- o,' ~J Seo . r 1 x: C ^+ ~ ~v` i A i9 ' a /,J. n. L ~l/~' ~R at (/ ~4~ ~~'/ez,~~'S't• S~,e(io ~/at.,~/ee,~ G/a5-/886 fnnQlI ~ ~/l?,n ~®hficS ~r~ ~Mi~ ~~/ugr,sa ~~~ i~P~e - ~ as ,_, C~ ~ ~'e L . ~ra ~ .S ~7/di o --~~Urp ~~av~ i~ s ~P - !a a y J~1 6-n li e.~~ ~~ef ¢ f'~i~no~ Pt f Goo o,~ers ~¢ ~~r ` ~o ~ .S'FeQ.p ~~rc -~~'(czT ors f Ere ~-ks°"s~ ~~t5 ~ ,~ ~y p u .~»'~, busy 4~c `..~ ~G~ ~tc~ f ~/q~d/pry - N.rGl~7~/1C-Q. O~ B/,~77~s ,r - ~11~ ~/~ d /ow'~ d /alb . i L ~i~i~7 ~a~~~ [7/Z/~'~l'~ ~/i.Y fib /' sc~ l ~~`,r2J~1~n q,,,~ ~-ry~e ~Jc~;ff~~ I~" ~/h~~ /a ~^r~fiff~dsv~r¢oid~n,~e. ' -/liw~ x{/02 - cS. Mme" ~ , ~r~ .~~or X10 ~ , a1~1 Li /~ ~~ s ~~di o ~reeis~.- ~~a~~ PI e j7`s) V ~~ ae n 1//Jug 9 ~'~-~®/~ ~"~ <~~~/ / > ~/~/Q S7vd/o ~ r ~~I ~G~~ ~ r ~I~ SL'~ ~S USA ~ a AGO _ ;~c {a,~-Q ~~ l y~~~~ S~~d~a ,//~;( /~ S f~d ~ Q~~ ~ecfs (~{s~IP~r ~2Pa v~ Ka.~1~n ~Bld~. Sc ~----- 1~~~t~ s~; ~ .s ~or-t3~~ e~S:~ 86tjc~ {~ ;.~- .~~ i- l.~ 1 w~ • ~~ l .~~IOM . S 2d ,p~N~~ M.2r~~ S l~wP ` QI~I~I C/JP~~ 1`a~1.1 lJl-L ~ Y D ~~~n 5-~diA '~CCa~^ey ,pQ,r~us~ ~}lp /ideo l G~~ Ci ee~f -;,6s ~~ ,, ~.--~~e c`•~ l~aiN -S~lo~~ ~o~~.sr'dt ,1~~~-~ -~=c~.u~ ~~ '~'~ (p Q ~(arL(~ ~• ~ Cd~~l~1 ~~:1 v~ -r ~i /~ `~l vac c~~ ~~ ~e~k ~l ~ .itQ ~ ~lS~~~~~ ~~~`~~~ / ~ ~ ~~PPh I/c~o /'e {~-P Oaf c(oo~ .sfr~c T-~ p a, ~(cr ~r vpP~,. ~' 3~5 ~~ yu /c ~~riH+tir~, e~-.~ V~dea ~ -FLT-P ~-ks ~ C~~ ~s M~-~ pqe/ ~OGk d (~ppd ~~7i(,~eT~/ U~ _ ~ ~U'~,, ti-f - / ~'I"M M.aal~%~e, ~2 ~ a ~~ ~~ Ro ~ ~~~. I~: Ine ~G1r,~V-~Z/~ ~ i.,~ ~a i n -~ Sann~s ~QirG. ~~~on Cl~a~~'s -w f Y'e ~~r Nip- ~`~~y Mfg. Gfr~bi~s~/~®Q,a~ ~«/~~ s~I <~/~J ~~~~ ~~F ~a~~/f~i®Ur J,E/ /~Q'f ~~ d ~rr~ ~3 - ~(~,~ G/~ryhCv~ ~k ~ ~' ~~n~ ~f Jf. t/i~~ ~~~~, ~~/~i~,~,~° `~jv f /~- ~.e~ ~Q.~ l,~t/ dD~~Ge ? Bi~f/ Cloy (~ f.- ~e.~prid*. Jn e l2fl/ ~ , e~ ~i~¢ ~ j' ( ~~~/ EI((GIj? (S~'~ ~ C ~U ~ j~~ f'o ~ , ,~ ~ P ~ ~~~ ~~ ~{,h / v( as q 2/ ^f~ . Mi.rC. ay~s- _.__J ~0~.~ ~ ~~ w~f N ~C le~c l ~ ~fv~ ~ O1.e.~.P-{~ /ac.. 7~e w~~ rsro~ ~~~~~. ~~ r~r~k~ "Sow g2iry5 .v,,, ,,~ MESSAGE DISPLAY TO Debbie Pearce From: Sara Thomas Postmark: Dec 05,96 11:19 AM Subject: Business Licenses Message: Thanks for doing this for us! I need info on how the following businesses came through (i.e. -retail/serivice, etc.) on the business license applications: Rare Exchange; Use It Again Sports; Aspen Velo; Inside/Outside; Le Gourmet; Bagel Bites; The Lighting Studio. Any information you can give us would be great. Thanks again. Sara ~~ 3R' w'~ Q ~ `~~~xn~- 3~~19 ~~ ,~~~019 3 GA(~a 9~ ~l~lga ,~~ J~~~~~ ~ ~ ~,~ ----------=====X=====___------- Q~tQ N~ ~~~m~ ~~~ ~~ - -: ~ ~~ ~~q , T . ___ ~\~ - - os~~~ ~.~ ~ a~~ ~ti N [~L~ p ~~~~~Q -; _ ~, l~ U /dl95 . - CITY OF ASPEN ~;I~~~ ~OMBIN~PPLICATION Business License Division OR: Finance Department 130 South Gafena Street BUSINESS LICENSE/OCCUPATION TAX Aspen, CO 81611 AND SALES TAX LICENSE (303) 920-5036 PLEASE TYPE OR PRINT CLEARLY 1. NAME OF BUSINESS 3. CORPORATE NAME: 6. MAILING ADDRESS: 2. TYPE OF OWNERSHIP: (check one) (1)_ Sole Proprietorship (2) _ Partnership (3) _ Corporation {4) _ Association or Club (5) _ Nonprofit (State exempt # 1 (6) „~ Other ~ ~ gab" ~~ o 5. TELEPHONE NUMBER OF BUST ESS: (q~ )~a 7. LOCATION OF RECORDS: (1)_ Same as business location address (2) _ Same as mailing address If physics (3)~Other: 14~ kPr~ ~/Nc ,17, ©L'f ? ~~C>f:~,.~,y Y e_ ~Nt Street 'City State ~~ S. CONTACT PERSON: ~FN MP~TNJ[A~1 TITLE: Il'114n1f1CC(Z Ph#: 9a5-746 9. NAMES AND HOME ADDRESSES OF OWNER, PARTNERS OR OFFICERS OF BUSINESS: NAME ADDRESS (Street, City, State, Zip) c. Ar..re~±~~~rR NPRVIF 10. NATURE OF BUSINESS: LOCATION TYPE: (1) ~, Commercial Establishment (2) _ Private Residence (3) _ No Fixed Location in Aspen SQUARE FOOTAGE OF SPACE.JiG`>t Ph#: Qi~5-2744: Ph#: S44-n~~~ Ph#: 9ao-4z99 Title: f414M~ Title: c c ~ Title: TAXABLE PRODUCTS SOLD (general): o d r- ~ 11. TYPE OF SALE: , ,_„~ Retail Only _ Who esale Only _ Both Retail 8 Wholesale _ Service Only Other. 12. COLORADO SALES TAX LICENSE NUMBER: 1F NONE, DATE APPLIED FOR z4 YS 14. DATE THAT BUSINESS ACTIVITY BEGAN IN ASPEN OR BUSINESS WAS PURCHASED: Itl1/ 95 IF PURCHASED, NAME OF PREVIOUS BUSINESS AND OWNER: 15. ESTIMATED HIGHEST MONTHLY SALES DURING THE YEAR: $ ~5, ~~ ~ . 00 .6. ESTIMATED MONTHLY AVERAGE NUMBER OF EMPLOYEES DURING THE YEAR: 3 (InGude self,.owners and partners, managers, etc.) COMPUTATION OF OCCUPATION TAX DUE TO THE CITY OF ASPEN FOR THE CALENDAR YEAR JANUARY 1 THRU DECEMBER 31 0 - 5 EMPLOYEES .................................... 8 -, 15 EMPLOYEES .................................. 16 - 49 EMPLOYEES ................................ OCCUPATION TAX DUE ............................ $150.0 .............................. 200.00 ... 400.00 50 OR MORE EMPLOYEES ................................................................. 750.00 LIQUOR LICENSE HOLDERS ............................................................... 0.00 NOT-FOR-PROFIT GROUPS ................................................................ 0.00 CONTINUED ON BACK -a 17. FREQUENCY OF FILING CITY SALES TAX RETURNS (If more than $600 in taxable sales per month, you must file monthly): Monthly _ Quarterly _ Annually _ Single Event I deGare under penalty of perjury that this application has been examined by me, and that the statements made herein are made in good faith pursuant to the City of Aspen tax regulations and, to the best of my knowledge and belief, are true, correct and SIGNATURE OF APPLICANT i,~'IJ DATE: ~ -o~~'i ' cI S PLEASE RETURN THIS APPLICATION ALONG WITH YOUR `REMITTANCE OF BUSINESS OCCUPATION TAX PAYABLE TO THE CITY OF ASPEN FOR CITY STAFF USE ONLY SIC GEO FILING FREQUENCY BUS LIC ONLY SALES TAX LIC ONLY BOTH LICENSES DEPARTMENT INITIALS DATE ZONING //~ ~~ ENV. HEALTH ~ !Q~/0 -QS FIRE MARSHALL ~~ S~ FINANCE ,~~ ` ' ~ .. 4 r s`ji CITY OF ASPEN SALES TAX ADMINISTRATOR FINANCE DEPARTMENT 130 SOUTH GALENA ST ASPEN, CO 81611 (303)920-5029 1994 COMBINED SALES TAX AND BUSINESS LICENSE APPLICATION/ BUSINESS OCCUPATION TAX RETURN PLEASE TYPE OR PRINT CLEARLY 1. NAME OF BUSINESS: ~ ~ k~ S~d~o _ 3. CORPORATE NAME: ~ ~ Sew ~. 6. Mailing Address: /~o ~a 7(ooh~f{51u~^ &iGi2 2. TYPE OF OWNERSHIP: (check one) , (t) Sole Proprietorship (2) _ Partnership (3) / Corporation (4) _ Association or Club (5) _ Nonprofit (State exempt # 1 (6) _ Other 4. LOCATION ADDRESS: '~/`~ XJ. ~cLOs~x.~e> ~}Sfwm C'6 it/G// LOCATION TYPE: (1) / Commercial Establishment (2) _ Private Residence (3) _ No Fixed Locaticn to Aspen SQUARE FOOTAGE OF SPACE IN ASPEN /oad 5. TELEPHONE NUMBER OF BUSINESS: (303) 92Y-S~'I 4. LOCATION OF RECORDS: {t) ~! Same as business location. address (2) _ Same as mailing address (it physical address) (3) Other (Street, City, State, Zip Code) _ 8. CONTACT PERSON: I.auiu/ C~aru,J TITLE: /~~. 9. NAMES AND HOME ADDRESSES OF OWNER, PARTNERS, OR OFFICERS BUSINESS: NAME ADDRESS (Street, City, State, Zip) PHONE #: 9aS-Sou'~ a. ~ G ~a- Oa'/a /li>`». ~.acr~ci/I]/. F~s~ ,Co 8/Gi/ Phone# ~/1~ .~73i b. ~punt.e Ci'U4JJ oa~(a ~~~~-u.~/~/. ~s~ PG ~/6// Phone# y1Y-G73i c. 10. NATURE OF BUSINESS: ~*9~9 S~P~° Sa-C..~ Phone# Title p^°O Title /P~S~%,~o Title TAXABLE PRODUCTS SOLD (general): ~~~A~ Supa.!<~ 11. TYPE OF SALE: Retail Only Wholesale Only X Both Retail 8 Wholesale Service Only __ Other 12. COLORADO SALES TAX LICENSE NUMBER: a3 -~d9P3 -ocx~o IF NONE, DATE APPLIED FOR 14. DATE THAT BUSINESS ACTIVITY BEGAN IN ASPEN OR BUSINESS WAS PURCHASED: ~1~0 / - ~-oyun~(r IF PURCHASED, NAME OF PREVIOUS BUSINESS AND OWNER: 15. ESTIMATED HIGHEST MONTHLY SALES DURING THE YEAR: $ Go 000 16. ESTIMATED MONTHLY AVERAGE NUMBER OF EMPLOYEES DURING THE YEAR: (include self, owners and partners, managers, etc.) COMPUTATION OF OCCUPATION TAX DUE TO THE CITY OF ASPEN FOR THE CALENDAR YEAR JAN 1 THRU DEC 31 OCCUPATION TAX DUE 0 - 5 EMPLOYEES ................................................$ 150.00 6 - 15 EMPLOYEES .................................................. 200.00 16 - 49 EMPLOYEES ................................................ 400.00 50 - OR MORE EMPLOYEES ...................................... 750.00 LIQUOR LICENSE HOLDERS .. 0 00 ~1q~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ CONTINUED ON BACK NON-PROFIT GROUPS ............................................... 0.00 ~. 17. FREQUENCY OF FILING CITY SALES TAX RETURNS (Ii more than $600.00 in taxable sales per month, you must file monthly): /Monthly _ Quarterly _ Annual Single Event I delcare under penalty of perjury that this application has been examined by me, and that the statements made herein are made in good faith pursuant to the City of Aspen tax regulations and, to the best of my knowledge and belief, are true, correct and complete. SIGNATURE OF APPLICANT: ~'~~ DATE: lay /G, /995/ ~- PLEASE RETURN THIS APPLICATION ALONG WITH YOUR REMITTANCE OF BUSINESS OCCUPATION TAX PAYABLE TO THE CITY OF ASPEN FOR CITY STAFF USE ONLY SIC GEO FILING FREOUENCY BUS LIC ONLY SALES TAX LIC ONLY BOTH LICENSES DEPARTMENT INITIALS DATE 2CNJN(' 1~'f ENV. HEALTH `~ (_ -~ COt~R~AUNICATION ~`~Q Q FIRE MARSHALL FINANCE >0 ~~ CITY OF ASPEN SALES TAX ADMINISTRATOR FINANCE DEPARTMENT 130 SOUTH GALENA ST ASPEN, CO 81611 (303)920-5029 ~~~v TAX RETURN ~.r~ n PLEASE TYPE OR PRINT CLEARLY 1. NAME OF BUSINESSaHt'[~ ~ ~S~CTFL ~ )T~ 4. LOCATION ADDRESS: / STATILN- D•~Yk1. e_ ~r~-1~ P(zls~s .3v-o ~ sm;~ u2 6. Mailing Address: -~~a0 (~c) I b ~ -st w ( - 1 Co SCl b l 2. TYPE OF OWNERSHIP: (check one) LOCATIO TYPE: (1) _ Sole Proprietorship ~ (1) Commercial Establishment (2) partnership (2) _ private Residence (3) -Corporation (3) - No Fixed Location in Aspen (4) -Association or Club SQUARE FOOTAGE OF SPACE IN ASPEN (5) Nonprofit (State exempt # 1 ~~ (6) _ Other 5. TELEPHONE NUMBER OF BUSINESS: ( ) 7. LOCATION OF RECORDS: (1) _ Same as business location address (2) - Same as mailing address (if p ysical (3) ~/ Other _~/.,~ p~Q f(_ ~,12C Da-9br 2 Q U/l~ Ca2~b~laje (~S(re@ t, ity, State, Zip Code) ~f~` 8. CONTACT PERSON: 13UCi ~I-iC~YV~AA~ TITLE: ~~YLPIr PHONE #: c'l~'~ ~ ~9 9. NAMES AND HOME ADDRESSES OF OWNER, PARTNERS, OR OFFICERS OF BUSINESS' NAMFy ~ ADDRESS (Street, Cif, State,, Zip) €lV'( a. Bt,~C] ~NIJIt ~(-IC~~Mgn~ S15~iR~CafL(e I~S~'KKi1e# 9a-5-~c~~°l Title d<-U1U~ 1~ c. 10. NATURE OF BUSINESS 1994 COMBINED ~~. ~ l~ SALES TAX AND BUSINESS LICENSE APPLICATION/ BUSINESS OCCUPATION ~Itot3 Phone# 9b~~A-~ (~ Title ~~Ot QS %Phone# X12.6 /977~( Title n~N~ O' 2 TAXABLE PRODUCTS SOLD (general): nc.-,,,, ' ~ ~~ ~ t ' 11. TYPE OF SALE: Retail Only W ole alevOnly Both Retail & Wholesale Service Only Other: 12. COLORADO SALES TAX LICENSE NUMBER/~(-O~G IF NONE, DATE APPLIED FOR 14. DATE THAT BUSINESS ACTIVITY BEGAN IN ASPEN OR BUSINESS WAS PURCHASED: TO ~CgjN IF PURCHASED, NAME OF PREVIOUS BUSINESS AND OWNER: 15. ESTIMATED HIGHEST MONTHLY SALES DURING THE YEAR: $ '( ,r- 30. ~ 16. ESTIMATED MONTHLY AVERAGE NUMBER OF EMPLOYEES DURING THE YEAR: (include self, owners and partners, managers, etc.) COMPUTATION OF OCCUPATION TAX DUE TO THE CITY OF ASPEN FOR THE CALENDAR YEAR JAN 1 THRU DEC 31 OCCUPATION TAX DUE 0 - 5 EMPLOYEES ............................................. ..$ 150. 6 - 15 EMPLOYEES .................................................. 200.00 16 - 49 EMPLOYEES ................................................ 400.00 50 - OR MORE EMPLOYEES ...................................... 750.00 LIQUOR LICENSE HOLDERS ....................................... 0.00 NON-PROFIT GROUPS ............................................... 0.00 CONTINUED ON BACK ' 17. FREQUENCY OF FILING CITY SA S TAX RETURNS (If more than $600.00 in taxable sales per month, you must file monthly): Monthly _ Quarterly _ Annual _ Single Event I delcare under penalty of perjury that this application has been examined by me, and that the statements made herein are made in good faith pursuant to the City of Aspen tax regulations and, to the best of my knowledge and belief, are true, correct and complete. ,.~/ ~/ SIGNATURE OF APPLICANT: ~i~6~~ o, 1~{~r p~-)yA„~/ DATE: / I PLEASE RETURN THIS APPLICATION ALONG WITH YOUR REMITTANCE OF BUSINESS OCCUPATION TAX PAYABLE TO THE CITY OF ASPEN FOR CITY STAFF USE ONLY SIC G~ FILING FREQUENCY BUS LIC ONLY SALES TAX LIC ONLY BOTH LICENSES DEPARTMENT INITIALS DATE ZCXJNG ~ ENV. HEALTH G Z '% COMMUNICATION FIRE MARSHALL FlNANCE y r~ CITY OF ASPEN SALES TAX ADMINISTRATOR FINANCE DEPARTMENT 130 SOUTH GALENA ST ASPEN, CO 81611 (303)920-5029 w.r x/1993 COMBINED SALES TAX AND BUSINESS LICENSE APPLICATION/ BUSINESS OCCUPATION TAX RETURN PLEASE TYPE OR PRINT CLEARLY 1. NAME OF BUSINESS: (I S lc' I'T AGAM/ 4. LOCATION ADDRESS: y` S ~ ~/~~ S T 3. CORPORATE NAME: It SYr"~~ Cl~~$ / 6. Mailing Address: CGS N /H/GG ST ATP CO . 8 G rr -~ 2. TYPE qF OWNERSHIP: (check one) (1) ,-/Sole Proprietorship (2) _ Partnership (3) _ Corporation (4) _ Association or Club (5) _ Nonprofit (State exempt # ) (6) _ Other LOCATIO(J TYPE: (1) _/ Commercial Establishment (2) _ Private Residence (3) _ No Fixed Location in Aspen SQUARE FOOTAGE OF SPACE IN ASPEN 2 5. TELEPHONE NUMBER OF BUSINESS: ($03) 42 S :l- ~/S 3 ~G 7. LOCATION OF RECORDS: ~ l (1) /Same as business location address (2) _ Same as mailing address (if physical address) (3) Other (St/r'a'et, Cr7a~rty, State, Zip Code 8. CONTACT PERSON: CJitgrc LiN~/~F1V TITLE: aWN°~ PHONE #: `~ZS - yd y~ 9. NAMES AND HOME ADDRESSES OF OWNER, PARTNERS, OR OFFICERS OF BUSINESS: NA ADDRESS (Street, City, State, Zip) a. ~IA~BC~iiNE%iiA~'/ 46f iu+k+Aw+f c./~-'y A7"P~ Phone# (~LS~ ~Y9-Title o''-~'^~~ ~" U' P/6N b. Phone# Title c. Phone# Title 10. NATURE OF BUSINESS: sCEfrfnl~ Otz .Sf 6~'l~A/~ TAXABLE PRODUC S SOLD (general): bSc~D EfS~rPN 11. TYPE OF SALE: ~ Retail Only Wholesale Only Ser ice Only Other: 12. COLORADO SALES TAX LICENSE NUMBER 14. DATE THAT BUSINESS ACTIVITY BEGAN IN A E OR BUST SS IF PURCHASED. NAME OF PREVIOUS BUSINESS AND OWNER: IF NONE, DATE APPLIED FOR WAS PURCHASED: 15. ESTIMATED HIGHEST MONTHLY SALES DURING THE YEAR: S S Do0 ~' 16. ESTIMATED MONTHLY AVERAGE NUMBER OF EMPLOYEES DURING THE YEAR: Z (include sell, owners and partners, managers, etc.) COMPUTATION OF OCCUPATION TAX DUE TO THE CITY OF ASPEN FOR THE CALENDAR YEAR JAN 1 THRU DEC 31 OCCUPATION TAX DUE 0 - 5 EMPLOYEES ............................................... $ 150.00 6 - 15 EMPLOYEES .................................................. 200.00 16 - 49 EMPLOYEES ................................................ 400.00 50 - OR MORE EMPLOYEES ...................................... 750.00 LIQUOR LICENSE HOLDERS ....................................... 0.00 CONTINUED ON BACK NON-PROFIT GROUPS ............................................... 0.00 ' v r P'Ft loll' Both Retail & Wholesale _ ~_,, ! ... 17. FREQUENCY OF FILING CITY SALES TAX RETURNS (If more than $600.00 in taxable sales per month, you must file monthly): /Monthly _ Quarterly _ Annual _ Single Event I delcare under penalty of perjury that this application has been examined by me, and that the statements made herein are made in good faith pursuant to the City of Aspen tax egulations and, to the best of my knowledge and belief, are true, correct and complete. /~ SIGNATURE OF APPLICANT: ~` ~ DATE:. % ' 7 ~ / PLEASE RETURN THIS APPLICATION ALONG WITH YOUR REMITTANCE OF BUSINESS OCCUPATION TAX PAYABLE TO THE CITY OF ASPEN FOR CITY STAFF USE ONLY SIC G~ FILING FREQUENCY BUS LIC ONLY SALES TAX UC ONLY BOTH LICENSES DEPARTMENT INITIALS DATE 20MJG ENV. HEALTH COMMUNICATION FIRE MARSHALL FlNANCE ~.. .y °-__ j - CITY OF ASHEN SALES TAX ADMINISTRATOR FINANCE DEPARTMENT 130 SOUTH GALENA ST ASPEN, CO 81811 (303)920.5029 1993 COINED SALES TAX AND BUSINESS LICENSE APPLICATION/ BUSINESS OCCUPATION TAX RETURN PLEASE TYPE OR PRINT C(~EARLY t. NAME OF BUSINESS: ~~Sh, ~(,~ Lc-(, c: 4. LOCATION ADDRESS: L,"~j 3. CORPORATE NAME: 1 i.1. ~ r ,., t ~`, , a Z t ~~, j n; ~_(t 5 i 6. Mailing Address: ~Il-i Iy ,a~ „ ~ A~<r," c:- ~ n, .. _, -. ,.. - ~ - 2. TYPE OF OWNERSHIP: (check one) /( (1) _ Sole Proprietorship (2) _ Partnership ` (3) ~ Corporation `V,\ (4) _ Association or Club / (5) _ Nonprofit (State ex pt #~•-~/ -) (6) _ Other ~---~ LOCATION TYPE: (1) ~ Commercial Establishment (2) _ Private Residence (3) _ No Fixed Location in Aspen SQUARE FOOTAGE OF SPACE IN ASPEN ~ 'S y 5. TELEPHONE NUMBER OF BUSINESS: (jc 3) ~' S `I~I ` ~%~~ y CPS ••+. ~-~ ~ r~><{ w -~ w~ 7. LOCATION OF RECORDS: ~y~ ,1 `1 ~ ; - ~~, 3 ; ~. c .- ~~~~ ;1 q L j `i S = :i r~ • (t)om Same as business location address (2) _ Same as mailing address (if physical address) (3) _ Other (Street, City, State, Zip Code) 8. CONTACT PERSON: 1~, h' ••~:• ^ 5~ . TITLE: (}~-s:~, ~1-a+.,.,,- PHONE #: `iZ~ -=3'~(, 9. NAMES AND HOME ADDRESSES OF OWNER, PARTNERS, OR OFFICERS OF BUSINESS'S NAME ADDRESS (Street, City, State, Zip) a. ~-I t il~ TS w' ~'• •1L i ~ Phone# t 1,' l ~- -~~ (br.~-73 > Title e5:.~.; ~} b. (~l~r.. 111•tva•~~k 1," i -n SV61 ti• ,, 55 Phone# I ~~-~ ~~L Title ~,'-2•-1~ `, .,~tcd:. ~~ 'r,it.rs c. k taC~i-U C~ llr ~~~ ' 1}'~' -rv C~ ~ Phone# `iZ ~ ^1`t'b •.'_ Title _T.`~..et.~~ • ..tom,... 10. NATURE OF BUSINESS: L Tw...,. 'Sp - TAXABLE PRODUCTS SOLD (genera): -~~; r Eat+ t Fo;.^, r+,•,,,) .~~ 11. TYPE OF SALE: ,r Retail Only Wholesale Only Both Retail 8 Wholesale Service Only Other: 12. COLORADO SALES TAX LICENSE NUMBER: IF NONE, DATE APPLIED FOR S~ , 7 (, y 74. DATE THAT BUSINESS ACTIVITY BEGAN IN ASPEN OR BUSINESS WAS PURCHASED: 3s'.ti C` ~--, ,,..- ,; S(_,(";y IF PURCHASED, NAME OF PREVIOUS BUSINESS AND OWNER: PACs ;~ N, c: S 1 A U ` _ ia. ca i imA i to rucirttST MONTHLY SALES DURING THE YEAR: $ Yi• t i t ~,_,, . 16. ESTIMATED MONTHLY AVERAGE NUMBER OF EMPLOYEES DURING THE YEAR: 2. (include self, owners and partners, managers, etc.) COMPUTATION OF OCCUPATION TAX DUE TO THE CffY OF ASPEN FOR THE CALENDAR YEAR JAN 1 THRU DEC 31 OCCUPATION TAX DUE 0 - 5 EMPLOYEES ............................................. ...$ 150.00 6 - 15 EMPLOYEES .................................................. 200.00 16 - 49 EMPLOYEES ................................................ 400.00 50 - OR P,10RE EMPLOYEES ...................................... 750.00 LIQUOR LICENSE HOLDERS ....................................... 0.00 NON-PROFIT GROUPS ............................................... 0.00 CONTINUED ON BACK 17. FREOUENCY OF FILING CITY SA' ~S TAX RETURNS (If more than $600.00 in t- amble sales per month, you must file monthly): Monthly _ puarterly Annual Single Event 1 delcare under penalty of perjury that this application has been examined by me, and that the statements made herein are made in good faith pursuant to the City of Aspen tax regulations and, to the best of my knowledge and belief, are true, correct and complete. SIGNATURE OF APPLICANT: ' ! '4.r~( ~.1~ ~ l rL~^m~-,i ~ DATE: S~~ t ~ ~ i PLEASE RETURN THIS APPLICATION ALONG WITH YOUR REMITTANCE OF BUSINESS OCCUPATION TAX PAYABLE TO THE CITY OF ASPEN FOR CITY STAFF USE ONLY SJ~-- ~T Z...-~_ ~ iva ~,~.,oe.~i .Sz~~, ,fUVy~O~C u SIC C-EO FILING FREQUENCY BUS LIC ONLY SALES TAX LIC ONLY BOTH LICENSES DEPARTMENT INITIALS DATE 2CNJFIG S 2 ENV. HEALTH O ~ CPL 5 2~'Sy COMMUNICATION t ~-~jc~~ FIRE MARSHALL 7 ~j~ FINANCE ~ /~~^ l~ ~~ w Bill lirueding City Zoning Officer Asnea CO 5i2~iy4 liear Bill, The purpose ^f this letter is to confirm the operating inteat of Sushi Ya Ga-Go for purposes of business license approval. Sushi Ya Go-Go is proposing a catering/take-out business at 4i4 A. Diili (new Faesane's>. We will not be offering sit down or in house service and our business will be strictly limited to Catering and Take-out. Mike Minarski Go-Manager Sushi Ya Go-Go ti V h ~` `~ i MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Richard Grice, Planning Office RE: Conditional Uses in the S/C/I Zone DATE: December 14, 1979 This is a public hearing to consider an amendment to the conditional use list for the S/C/I zone which would allow some flexibility. In early November, this Commission discussed adding the following words to the conditional use list, "Uses other than permitted uses may be allowed provided they are accessory to permitted uses and provided adequate safeguards are offered to guarantee the accessory status." At our initial discussion regarding this proposed Code amendment an example of a contractor's office was submitted with the argument may be appropriate if only 10% of the space would be dedicated to office use and the balance would be used as a shop. We are aware that such an agreement does exist for an existing S/C/I user and are also aware that the agreement has not been strictly adhered to by the contractor who would like to point out that an amendment such as this one which is proposed will require a considerable amount of administration and enforcement. At the present time, the manpower needed to enforce such a Code amendment is not on the City staff. V RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION Resolution No. 79- Re: Recommendation for the Adoption of Amendments Clarifying the Intention of the S/C/I Zone District and the Uses Allowed WHEREAS, the Aspen Planning and Zoning Commission held a public hearing on Tuesday, July 17, 1979, to consider the adoption of amendments which would amend Section 24-3.2 so as to clarify the intention of the S/C/I Zone District and the uses allowed, and WHEREAS, this Commission heard testimony from the Planning Office pertaining to the increasing market pressure for "up-grading" and to the difficulties experienced by the Building Inspector in interpreting and administering said zone, and WHEREAS, this Commission was sympathetic to those arguments made by the Planning Office and the proposed amendments and determined that public interest would be served by preserving the S/C/I zone district as a haven for service, commercial and industrial uses. NOW, THEREFORE, BE IT RESOLVED, by the Aspen Planning and Zoning Commission that it does hereby recommend to the Aspen City Cc,uncil that the following amendments to the Aspen Municipal Code be adopted. 1. Amend the intention of the S/C/I zone found in Section 24-3.2 to read: "To allow for the use of land AND THE PRESERVATION OF limited commercial purposes and limited industrial purposes, with customary accessory and institutional uses, WHICH DO NOT REQUIRE OR GENERATE HIGH CUSTOMER TRAFFIC VOLUME. In addition, residences for those employed in this district may be included in the service or commercial buildings or adjacent thereto as conditional uses." 2. Amend the aermitted use list for the S/~/I zone found in Section 24-3.2 by amending the last phrase in the permitted use list to read: "...provided that no permitted uses creates an unusual traffic hazard, noise., dust, fumes, odors, smoky, vapor, vibration, glare or . industrial waste disposal problem;-AND PROVIDED THAT NO PERMITTED USES WILL SELL DAILY OR FREQUENTLY BOUGHT ITEMS TO THE GENERAL PUBLIC.." 3. Amend the permitted use list for the S/C/I zone found in Section 24-3.2 by adding the word "INDUSTRIAL" in front of dry cleaning plant and laundry so as to indicate that we are not talking about coin operated Laundromats or commercial laundries. 4. Amend the permitted use list for the S/C/I zone found in Section 24-3.2 by the elimination of gasoline service stations from that permitted use list and by adding a FULL SERVICE GAS STATION to the conditional use list. Adopted this day of August, 1979, by the Aspen Planning and Zoning Commission. laf Hedstrom, Chairman ATTEST: Sheryl Simmen, Deputy City Clerk -2- CITY OF ASPEN MEMO FROM RICHARD GRICE -1 ~_I; ~J , .~ ~,J ' ~~ : ~ -~t ~~ ~ (Y. ? . ~ ~. _~ { ,. ;; , ~ ~, ~~ ~,~_ -f ~~ " ~ ~ ~~ / ~ ~ , r `„ ~ ~_ t • «~~~ ~ ~ ~~~~.n .. i, ~ ~ i _ ~~ f / ~~~• ~l~'-"iw" RECORD OF PROCEEDINGS. id0 Leaves ~- ~--- ORDINANCE NO. 55 (Series of 1979) AN ORUIi4ANCE AD1Et7DING THE INTENTION, PERMITTED USES fu~:D CviQDITI0i4AL USES OF THE SERVICE/COI~IMF.RCIAL/ItdDUSTRIAL DISTi:ICT IN SECTION 24-3.2 OF THE ASPEN PIUNICIPAL CGDE: WHEREAS, the City Council desires to amend the provisions of" Section14-3.2 of the Aspen Municipal Code which provide for the Service/Commercial/Industrial District for the benefit of the City of Aspen, Section 1 That Section 24-3.2 of the Aspen Municipal Code providing for the Service/Commercial/Industrial District be repealed and re-- enacted to read as follows: DISTRICT - Service/Commercial/Industrial. S/C/I INTENTION - To allow for the use of land and the preservation of limited commercial purUOSes and limited industrial pur- •_ ••+~~ _~~-~~^^r-• __ _ _ssory and- institutional uses, whic~ do not require or generate high customer traffic volumes: In a i i es for ~liose ~ ~~d _i;f ttSY.~s'zlistrict'may be included in the service or commercial buildings or. adja- cent tY:ereto as conditional uses. PERMITTED USES - Limited commercial and industrial uses including the following and si;nilar uses: Vehicle sales; equip-rental storage and repair, automobile washiry facili- ties; electrical and plumbing service shops; corac~ercial baker; limited industrial uses including the following and similar uses: Builder's supply; industrial dry cieaainy plant and laundry; fabrication and repair of building materials and components; lumberyard; manufacture and repair of sporting goods; printing and publishing plants; warehousing and stor- age; and shop-craft industry; provided that no permitted uses create an unusual traffic hazard, noise, dust, fumes; odors, smoke, vapor, vibration, glare'or industrial waste disposal problem; an~rovided that no permitted uses sell daily or frequently bought items to the general public CONDITIONAL USES - Ful_ hrvice gas station. Section 2 It is the purpose and intent of the City Council that a law- ful use involving individual structures or a portion of an indi- >" ~~ RECORD OF PROGEEDIf~GS 100 Leaves victual structure, existing in the Service/Com:~iercial/Industrial zone on the effective date of this ordinance that would not be allowed in the district undeY the terms of this ordinance, may be continued so long as it remains otherwise lawful, subject to the provisions of Section 24-12.4 of the Municipal Code of the City of Aspen. Section 3 If any section, subsection, sentence, clause, phrase or por- tion of this ordinance is for any reason held invalid or unconsti- tutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining por- tions thereof. Section 4 A public hearing on the ordinance shall be held on the day of 1979, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, 15 days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held on the day of , 1979. Herman Edel Mayor ATTEST: Kathryn S. Koch City Clerk ~:. i ~ ., 2 ., , P.ECOP.D Or PRC3CEE°Ji'~GS 100 Leaves FINALLY adopted, passed and approved on l-he day of 1979. Herman Ede Mayor ATTEST: Kathryn S. Koch City Clerk Vii. .. :- - J 3 MEMORANDUM T0: Aspen Planning and Zoning Commission FROM: Richard Grice, Planning Office RE: S/C/I Zone Rewrite DATE: July 11, 1979 Subsequent to the consideration of a Code Amendment regarding commercial bakery which came before the P and Z and Council last fall regarding a proposal to sell over the counter goods in the S/C/I zone district, the Council asked the Planning Office to prepare revisions to the S/C/I zone. These revisions were to be intended to clarify the intent and purpose of the zone district while more clearly defining the kinds of uses that would be permitted in the zone district. During the course of the discussions, the Council had noted that the S/C/I district had appeared to go beyond its original intent, that is, the housing of service commercial and industrial uses. Council went so far as to direct the administration to evaluate the existing uses there to see if any had been established illegally or had established increased retail aspects of the uses beyond the original building approval. Attached is a first draft of our attempt to clarify the intent and purpose and specific uses. City Council reviewed it at their May 29, 1979 meeting and indicated that the language was approaching the problem from the right direction. They asked us to refer it to you for further work in anticipation of this public hearing eventually to consider the specific Code Amendments. On June 5, 1979, you indicated your support for the proposed changes and scheduled this public hearing. The Growth Management Plan has as one of its goals balance between new businesses, population, housing, community facilities, an~'s~'ing. If, in the administrative process, we were to eliminate any major segment of our economy, then we would lose this vital balance. It is with balance in mind that the Planning Office submits the following comments with regard to revisions to the S/C/I zone. The Planning Office today feels very strongly about preserving the integrity of the S/C/I district as a haven for limited industrial and limited commercial uses. A quick look at the use lis~demonstrates that the us~_~281"m;++o„~~re allowe_d_ _ c in the Citv. Plumbing service, builders' supply, lumber yard, sporting goods manufacturer1 o name just a few, are lower volume, less traffic generating and consequently can only pay lower rents. From a land use standpoint, it makes sense to separate the high volume, tourist-oriented commercial from the lower volume service commercial that is the backbone of the community. It is essential to reserve places solely for such uses; other- wise in a highly competitive tourist economy these uses will outbid those uses straight out of town. We have permitted competitive high volume uses right next door to the S/C/I zone in the Trueman Center and thus the pressure is on for spillover of daily traffic generators from the neighborhood commercial zone. Today requests abound for new quasi-service commercial uses because it is apparent to many retailers that the lower Mill Street area will soon emerge as a high traffic area and therefore an attractive one to retail operations. Rents in the S/C/I zone are typically $4 to $5 less than in the adjacent neighborhood commercial zone, further increasing the deterioration. The Planning Office has historically supported holding the line because the alternative is to lose this special type of district and the City will lose this type of uses. The only other similar district now in existence is the B-2 at the Airport Business Center. That too is becoming so competitive that many limited industrial type uses are now coming to us and asking us to create an industrial district somewhere in the County. We feel strongly that we should not foster that kind of pressure by permitting dilution of the City's S/C/I zone. h, .o to Aspen P and Z Re: S/C/I Rewrite July 11, 1979 Page Two Therefore, the Planning Office has consistently recommended against approval of businesses for the S/C/I zone which sold frequently or daily bought items. Those uses belong in the neighborhood commercial zone. We feel that retail businesses allowed in the S/C/I zone should be limited to those businesses selling less frequently bought items so that service and manufacturing type businesses are not driven out. We feel that the key to preserving the zone is to prohibit high traffic generators. High volume businesses bring in high traffic which is a direct cause of rent increases. In order to facilitate the preservation of the S/C/I zone district and those service and manufacture type businesses, the Planning Office recommends amendments to the Code in the following areas: The stated intention of the S/C/I zone needs to be amended to make clear the intentions of limiting it to businesses that generate less traffic. We suggest amending the intention of the S/C/I zone to read: "To allow for the use of land AND THE PRESERVATION OF limited commercial purposes and limited industrial purposes, with customary accessory and institutional uses, WHICH DO NOT REQUIRE OR GENERATE NIGH CUSTOPIER TRAFFIC VOLUMES. In addition, residences for those employed in this district may be included in the service or commercial buildings or adjacent thereto as conditional uses." 2. The premitted uses list in the Code contains a final phrase which describes what limited industrial means. That phrase reads as follows, "...provided that no permitted uses creates an unusual traffic hazard, noise, dust, fumes, odors, smoke, vapor, vibration, glare or industrial waste disposal problem." It would seem appropriate to add qualifications for limited commercial uses to the end of this same phrase. We recommend that the last phrase in the permitted use list be amended to read, "...provided that no permitted uses creates an unusual traffic hazard, noise, dust, fumes, odors, smoke, vapor, vibration, glare or industrial waste disposal problem; AND PROVIDED THAT NO PERMITTED USES WILL SELL DAILY OR REQUENTLY BOUGHT ITEMS TO THE GENERAL PUBLIC." (The phrase "to the General Public" was inserted so as to make it clear that uses will be allowed which serve the daily or frequent needs of service industries, i.e., plumber's supply, auto parts store, builder's supply, etc.) 3. Several changes need to be made to the list of permitted uses for clarification. We suggest adding the work"INDUSTRIAL" in front of dry cleaning plant and laundry so as to indicate that we are not talking about coin operated Laundromats or commercial laundrys. ~ Secondly, ~ ~ we su9 est ~~,',;,. Senv~c~ GS ~.L~~;e~~J~ tr. (;~'~"-,~~~v.~a_ u.21. We have discussed these propo~d amendments with the building inspector and with his assistants whd are charged with administration of the zone districts. Both the building inspector and the Planning Office feel that with these proposed amendments the zone could be more easily and correctly administered in such a way as to result in its preservation. In addition, Council asked us to consider an amendment to the definition of "commercial bakery", which now permits production and wholesale sale of baked goods, but excludes over-the-counter or retail dispensing of baked goods. It appears to us that the proposed restriction on frequently bought items is consistent with the definition of commercial bakery and its location in the S/C/I zone. We therefore recommend no change. f.. ~,,..,/ ,.. I PUBLIC NOTICE Re: Amendment to S/C/I Zone NOTICE IS HEREBY GIVEN that a public hearing will be held before the Aspen Planning and Zoning Commission on Tuesday, July 17, 1979 at a meeting to begin at 5:00 P.M. in the City Council Chambers, 2nd Floor, Aspen City Hall, 130 South Galena, Aspen, to consider an amendment to the S/C/I zone clarfying the intent of the S/C/I zone so as to specify a prohibition against uses which would generate "high traffic volumes" and amending the permitted use list by the addition of the phrase, "provided that no permitted use will sell daily or frequently bought items to the general public" and by requiring only industrial cleaning plants and laundries. Further information may be obtained from the Planning Office, 130 South Galena, Aspen, 925-2020, ext. 223. Ls/ Olaf Hedstrom Olaf He~trom, Acting Chairman Aspen Planning and Zoning Commission Published in the Aspen Times on June 28, 1979. To be billed under City of Aspen fund. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Karen Smith, Planning Office RE: S/C/I Zone Redraft DATE: May 31, 1979 Subsequent to the consideration of a Code Amendment regarding commercial bakery which came before the P and Z and Council regarding a proposal to sell over the counter goods in the S/C/I zone district, the Council asked the Planning Office to prepare revisions to the S/C/I zone. These revisions were to be intended to clarify the intent and purpose of the zone district while more clearly defining the kinds of uses that would be permitted in the zone district. During the course of the discussions, the Council had noted that the S/C/I district had appeared to go beyond its original intent, that is, the housing of service commercial and industrial uses. Council went so far as to direct the administration to evaluate the existing uses there to see if any had been established illegally or had established increased retail aspects of the uses beyond the original building approval. Attached is a first draft of our attempt to clarify the intent and purpose and specific uses. City Council reviewed it at their May 29th meeting and indicated that the language was approaching the problem from the right direction. They asked us to refer it to you for further work in anticipation e#-a public hearing eventually to consider the specific Code Amendments. '~~„s The only consideration that I have noted for them was that if I had my preference, the language would be even more precise. That is, the language would be an absolutely clear direction for administrative staff who must determine ~~ whether a use is or is not permitted. The phrase daily or frequently bought items" works in most circumstances, but there will invariably be the gray areas where it is difficult to determine whether a certain use involves frequently bought items. Other alternatives we have considered included trying to specify a maximum square footage in which the retail use could be conducted, limiting the amount of retail use by percentage of sales tax, etc. These alternatives are more precise, but have so far not been favored because the proper standard that works for a variety of different uses does not appear to be easy to find. In view of the fact that Council, other administrative staff, and Richard Grice feel that the proposed language is adequate to correct a difficult administrative situation, we are asking P and Z now whether you would also agree with this language and propose it for public hearing. •.. d MEMORANDUM TO FROM: Aspen City Council Richard Grice, Planning Office RE: S/C/I Zone Rewrite DATE: May 24, 1979 ~~~ ~ or-' ~u_N!P-SjiP2~ ~.;~~ ~~ ~ ~~ -~- The Growth Management Plan has as one of its goals balance between new businesses, population, housing, community facilities, and skiing. If, in the administrative process, we were to eliminate any major segment of our economy, then we would lose this vital balance. It is with balance in mind that the Planning Office submits the following comments with regard to revisions to the S/G/I zone. The Planning Office today feels very strongly about preserving the integrity of the S/C/I district as a haven for limited industrial and limited commercial uses. A quick look at the use list demonstrates that the uses permitted are allowed no where else in the City. Plumbing service, buildings' supply, lumber yard, sporting goods manufacturer, to name just a few, are lower volume, less traffic generating and consequently can only pay lower rents. From a land use standpoint, it makes sense to separate the high volume, tourist-oriented commercial from the lower volume service commercial that is the backbone of the community. It is essential to reserve places solely for such uses; otherwise in a highly competitive tourist economy these uses will outbid those uses straight out of town. We have permitted competitive high volume uses right next door to the S/C/I zone in the Trueman Center and thus the pressure is on for spillover of daily traffic generators from the neighborhood commercial zone. Today requests abound for new quasi-service commercial uses because it is apparent to many retailers that the lower Mill Street area wi1T soon emerge as a high traffic area-and therefore an attractive one to retail operations. Rents in the S/C/I zone are typically $4 to $5 less than in the adjacent neighborhood commercial zone, further increasing the deterioration.. The Planning Office has historically supported holding the line because the alternative is•to lose this special type of_district and the City will lose this type of uses. The only other similar _ district now in existence is the B-2 at the Airport Business Center. That too is becoming so competitive that many limited industrial. type uses are now coming to us and asking us to create an industrial distric~,: somewhere in the County. We feel strongly that we should not foster that kind of pressure by permitting dilution of the City's S/C/I zone. , Therefore, the Planning Office has consistently recommended against approv~:.l of businesses for the S/C/I zone which sold frequently or daily bought items. Those uses belong in the neighborhood commercial zone. We feel that retail businesse:~, allowed in the S/C/I zone should be limited to those businesses selling less frequently bought items so that service and manufacturing type businesses are not driven out. 41e feel that the key to preserving the zone is to prohibit high traffic generators. High volume businesses bring in high traffic which is a direct cause of rent increases. In order to facilitate service and manufacture type to the Code in the following the preservation of the S/C/I zone district and those businesses, the Planning Office recommends amendments areas: 1. 'The stated intention of the S/C/I zone needs to be amended to make clear the intentions of limiting it to businesses that generate less traffic. 'de suggest amending the intention of the S/C/I zone to read: "To allow for the use of land AND THE PRESERVATION OF limited Commercial purposes and limited industrial purposes (with cus~mary accessory and institutional uses, WHICH DO NOT REQUIR HIGH~fRAFFIC VOLUh1ES. In addition, residences for those employed i this district may be included in the service or commercial buildings r adjacent thereto as conditional uses." a~e o~ ~~~~ ^~ko0'~ •Z puE ~ o} 6ul,a.aa;a.a a.ao;aq uolssas Ieloads E alnpayos o} yslM ICEW noA •aol;~o ,ano uI a(gE(IEne aaE yolyM ;o saidoo `a(6IaS uop pue ulap; q.aaH wo.a; }ndul algE,aaplsuoo uaaq sey away} '~tou~ nod' sy •~Cluo s}uawwoo ~'.aeulwlla.ad .tno~' ,ao; };E.ap a sly} .aaplsuoo asea~d •a6ueyo ou puawwooaa aao}away} aM •auoz j/~/S ay} ul UOL}E~0( s}I pue f.aa~Eq IElo,aawwoo ;o uoI}Iul;ap ay} y}IM }ua}slsuo~ sI swa}I }y6noq ~'(}uanba.a} uo uoI}ow}sa,a pasodoad ay} }Ey} sn o} s.aEaddE }I •spoo6 pa~eq ;0 6ulsuadslp lIe}a.a .ao ,aa}unoo-ay}-,nano sapn(oxa }nq 'spoo6 pa~Eq ;o a(es a~esa(oyM pue uoI}~npo.ad s}Iw~aad n~ou yolyn+ `„L',aa~eq IElo.aawwo~„ ;o uoI}Iul;ap ay} o} }uawpuawE ue .aaplsuoo o} sn passe Ilouno~ `uoI}IppE uI •uoI}en,aasa.ad s}I ul }Insa.a o} sE rCEP1 E yons uI pa,aa}slulwpE rfI}~a.a.aoo puE ~'(Isea a,aow aq p(noo auoz ay} s}uawpuawe pasodoad asay} y}Irn }ey} Iaa~ aol;;p 6uluuE(d ay} puE .ao}oadsul 6ulp(Inq ay} y}oa •s}ol,a}slp auoz ay} ;o UOL}e.a}SLUIWPE y}IM pa6,aEyo a.ae oyrn s}ue}slsse sly y}Irn puE .ao}oadsul 6ulpllnq ay} y}iM s}uawpuawE pasodoad asay} passnoslp aney aM •rc(aal}ua auoz ay} wo.a; suol}e}s a~In,aas aullosE6 6uI}eulwlla }sa66ns an+ os wa}I }y6noq L'(}uanba,a~ e rflule}aao sl aullosE6 `rC(puooaS •s~C.apune( (Elo.aawwoo ,ao s~E~i~o•apune( pa}e.aado uioo }nogE 6ul~le} }ou a.aE aM }ey} a}EOlpul o} se os ~'apunel pue }ueld~6uluealo rfap }o }uo.a; uI „'1tlI211SflONI~~ P.aoM ay} 6ulppe }sa56ns aM •uoI}Eo -Idt.aElo .ao; .sasn pa}}Iw,aad ~o }sIl ay} o} apewagolpaau sa6ueyo Ie.aanaS '£. 4 ~~~ ,,,,ppue~ ~~'3~~ Ol SW31I 1H9f108 Al1N3f1b3N~ ?10 AIItl~'ll3S llINi S3S(1 (1311IDRl3d ON 1VHl (13()In021d ONV :walgo.ad lesodslp a}seM le la}snpul ,ao aue(6 `uoI}E.agln `aoden `avows `s.aopo `sawn `}snp `aslou `p.aezey ol~3Ea} lensnun uE sa}Eaao sasn pa}}Iw.aad ou }ey} paplnoad•••„ `peau o} papuawe aq }sIl . asn pa}}Iw.aad ay} uI asEayd }sel ay} }Ey} puawwo~a.a a{q •asEayd awes sly} 3o pua ay} o} sasn ~(Eldaawwoo pa}iwil .ao} suol}eol~I(enb ppe o} a}el.ado.adde waas p(norn }I „'•walgo,ad lesodslp a}sent Ielu}snpul .ao a,ael6 `uoI}e.agln `aoden `avows `s,aopo~`sawn; `}snp `aslou `paEZey of;;e.a} lensnun ue sa}ea.a~ sasn pad}Iw.aad ou }ey1 paplnoud•••„ `sMOllo; se spea.a ase.ayd }eyl •sueaw le la}snpul pa~Iwl( }eyrn sagl,aosap yotyn+ asEayd Ieul; a SULK}uoo apo~ ay} uI }sIl sasn pad}iwaad ayl 'Z 6L61 `b2 ~E4J a} i.aMaa auoz I /~/S ~ 32i llouno~ rC}I~ uadsy owaW r - ti; _ ._ RS p CITY ASP~l 130 south galena street aspen; colorado> 81611 _....-.. -. MEMORANDUM T0: Aspen City Council ~/J'1 ISM FROM: Clayton Meyring, Building Department RE: Uses presently in operation in the Mill Street Venture Building DATE: January 5, 1979 The following uses are in existence in the Mill Street Venture Building at 465 North Mill Street showing how they were permitted and business license that were issued. Unit 111 - Martin Enterprise - Business license listed as service auto repair specifically permitted as auto repair S/C/I district. Unit 112 - No Name Auto Repair - Finance could not find business license - specifically permitted as auto repair S/C/I district Unit 113 - Fox Bronco Auto Repair - Finance could not find business license - specifically permitted as auto repair S/C/I district IInit 114) Unit 115) not occupied Unit 116) Unit 117 & 118 - Aspen Times - Business license listelant,newspaper - specifically permitted as printing and publishing p Unit 119 & 1110 - Aspen Printing - no staff approval - business license listed as commercial printing, cards, stationery, posters - specifically permitted as printing and publishing plant. Unit 1111 - Tipsy T's (permitted) - business license listed bar supply wholesale - not specifically permitted but similar to intent of S/C/I Unit 1112 - Le Cusinier Caterers - business license listed as wholesale desserts and private catering - specifically permitted as commercial bakery. Unit 1113 - Specialty Glass - business license listed as commercial glazing - specifically permitted as builders supply. ._ i3e~ to City Council January 5, 1979 Page 2 ~•^ . ~. -.v. Unit 1114 & 1115 - Quality Auto Supply Inc. - business license listed ``~' - as auto supply - retail and primarily wholesale outlet. _- ~. ~iiot specifically permitted - zoning ordinance does not specifically permit this use in any district. ~~ T '! ;, ~~ j Unit 1116 - Ye Olde Washhouse II - business license listed as laundry r _ t1 and"dry cleaning. If business is operated as laundromat then not ~ ~ ~ ,~ 4 - ` permitted in S/C/I_ zone ;~,, '" ,.Upit 1117 - Brown Wolf Studios - business license listed as advertising, graphics wholesale - specifically permitted as printing and publishing plant. Unit 1118 - Heritage Painting & Decorating - business license listed as retail paint store. Also as contractor and retail sales. Paint and wallpaper store permitted in CC 6 C-1. Specifically permitted as building supply. ,~ Unit 1119 - Pegasus Saddlery 6 Gun Shop - business license listed as retail and service. May be permitted as shop-craft industry whatever that is? Permitted as manufacturing and repair of sporting goods. Unit 1120 - Henry Electronic Center - business license listed as `'~ electronic sales and service. Not specifically permitted unless can be construed to be an electrical service shop. The following units have building permits and the impression that was created at the time the building permit was issued. Unit 1112 - Le Cusnier Caterers - permit issued October 13, 1978, as a commercial bakery. Unit 1116 - Ye Olde Washhouse II - permit issued March 7, 1978, with the impression that this was a laundry operation not realizing that it would be coin-operated laundromat. Unit 1117 - Brown Wolf Studio - permit issued December 20, 1977, as a graphic design studio. Unit 1119 - Pagasus Saddlery 5 Gun Shop - permit issued June 6, 1978, with the impression that this was to be a saddle, tack and gun repair shop. Unit 11 20 - Henry's Electronics - no specific permit was issued for this outlet brit was constructed with the initial permit for the Mill Street Venture Building December 21, 1976. There was discussion about the use of this business in the S/C/I district. Planning Office Memo to City Councll January 5, 1979 Page 3 was of the opinion March 15, 1977, that this is an allowed use by right since it is reasonable to allow a minor amount of related retail use and gave a written opinion to that fact. No other building permits have been issued for other units in the building since building permits are not required when no changes to the structure of the building, or electrical or plumbing meaning moving in portable equipment or installing shelves. The above relates how the history of the uses in the Mill Street Venture Building came into being. Some of the uses are very clear in what is permitted and they exist today as was approved. Other uses are not that clear in giving initial approval and have changed in character to the point that the use as it exists today would not have been approved. The character has changed to more retail oriented than wholesale as is the intent of the S/C/I district. Because of that fact, it is my opinion that some of the uses are unenforceable. CM:mc - ___ ~, .~;. ~" ~ M E M O RAN D U M TO: Members of the Aspen City Council FROM: Le Cuisinier, Inc. RE; Definition of Commercial Bakery DATE: November 27, 1978 The following definition of "commercial bakery" is submitte8 for your consideration: Commercial Bakery - a bakery that is primarily engaged in the wholesale production of baked goods. A commercial bakery may engage in limited retail over-the-counter sales of baked goods provided: 1. That said retail sales are accessory to the primary activity of the commercial bakery; 2. that all goods sold are baked on the premises; 3. that all goods sold are packaged; and 4. that no on-site consumption of baked goods is permitted. LE CUISINIER, INC. Application for Amendment to Definition of "Commercial Bakery" Le Cuisinier, Inc. requests that it be permitted to engage in limited retail sales for its products in the Mill Street Venture Building at 465 North Mill Street. Since Le Cuisinier is primarily a wholesale bakery, it will not be selling donuts, cookies and brownies that are traditionally sold by other commercial bakeries in town. Le Cuisinier will be more compli- mentary to than competitive with the existing bakeries in town. Le Cuisinier, Inc. will devote less than 108 of their total leased space to the retail operation see Ioor plan attached hereto as Exhibit C). The retail o eration shall be limited a six foot long display case. T ere wi a no seat n availab a an no on-site consumption of the bakers. The primary business o Le Cuisinier is wholesale and the anticipated retail operation, as outlined above is accessory to its primary business. At the present time, Le Cuisinier estimates that less than 108 of their gross income will be generated by the retail sales. ZONE: S/C/I NATURE OF BUSINESS: Le Cuisinier, Inc. is a full service catering business providlnq Aspen with unique concepts in food. Le Cuisinier, Inc. is owned and operated by Tom Gerlak and Dean Small, graduates of the Culinary Institute of America. Mr. Gerlak has recently-been chef for Nelson Rockefeller at Pocantico Hills, the Rockefeller estate and for Mr. Henry Kissinger. (See exhibits A and B attached). Mr. Small recently worked as a chef at the Windows on the World, Hilton International, World Trade Center, New York, New York. Prior to that employment, he was the sous chef at the Ute City Banque. Le Cuisinier, Inc. is very proud of its high standards in both food preparation and professionalism. APPROPRIATENESS OF LOCATION Le Cuisinier spent considerable time and effort in choosing a leased space for their operation. The Mill Street Venture Build- ing was selected because of the character of the surrounding neighborhood. The 400 block of Mill Street, upon completion of the Trueman Center, will be Aspen's resident's shopping center. There are approximately 20 businesses leasing space in the Mill Street venture Building. Le Cuisinier's leasehold space is on the upper level of the Mill Street Venture Building which has grade access on the southern side. On that level, the following businesses are located: NAME Tipsy~f's Fresh Squeezed Orange Juice Specialty Glass Quality Auto Parts NATUt~ OF BUSII~SS bar supplies ~'4~~ ]~~ rep~eir z+eQL~aaiaent of q].ass auto parts wholesale and retail pria~ssy wholesale alth limtbed retail retail ~t:olesale and zetatl NA'IUI2E OF BUSINESS NEi~AIE/RN7rAIL Y'Old Wash House Brown and Wo1E Studios, Inc. Heritage Paints Pegasus Saddlery Henry's Electronics Mazvin Enterprises Fax Bronco latmdramat retail cam:ercial artist retail paints and supplies retail saddles, tads, guns and retail supply shop TV and Stereo supplies retail Autarotive repair shop retail Automotive repair shop retail ,aspen Times Newspaper, publishing office wholesale Printed in Aspen Print shop retail The Mill Street Venture Building Property is adjacent to the Trueman Center which shall contain the following retail businesses upo:~ the completion this winter of the building: bakery super market interior design shop , candy shop appliance store drug store liquor store bank hardware store natural food store The businesses in the Mill Street Venture Building, and the remaining businesses located on the 400th block of North Mill Street are primarily a retail operation oriented at the non- tourist cliental. The limited retail sales sought by Le Cuisinier is consistent and compatible with the surrounding businesses. The Mill Street Venture Building represents the moat logical location for an operation of Le Cuisinier's type. This is borne out by the petitions attached as Exhibits C, D and E, which request approval of Le Cuiainier's application. As stated above, the 400 block of Mill Street is becoming Aspen's local resident's shopping center. Le Cuisinier's retail operation will cater to the non-tourist cliental. It will not generate any additional traffic demands on the surrounding area since it is co~tP~nplated that Le Cuiainier's customer will be one-stop shopping for all his needs at the Trueman Center and Mill Street Building. The Mill Street Building presently has approximately 60 parking spaces with the Trueman property having an equal emouat of parking available. The Mill Street Venture building is an extremely appropriate location for the type of operation Le Cuisinier seeks approval for. .~`~°. PRODUCT: Y~~. r~"`f~~ + 's #,a Le Cuisinier, Inc. desires to offer a full service patisaira to , t,aS the residents of the Snowmass - Aspen area.. Presently, such a r„,,=~ service is unavailable to the residents of the Roaring Fork Valle+r.,, Le Cuisinier, inc. specializes in gourmet desssrts. They are " presently the only bakery in the State of Colorado who produced the following baked goods: - 2 - Amaretto Cheescake Cappuccino Cheesecake Linter Torte Black Forest Cake Chocolate Almond Mousse Torte Apple Custard Torte Brioche Bread Croissants Presently, the above products, plus all the other numerous items that they produce are available only on a wholesale basis. The following restaurants in the Roaring Fork Valley are supplied or will be supplied this winter with Le Cuiainier's products: Andres' of Aspen Aspen Steak Ocnpany Hickory House Little Anniea Dunnavant's Lod. , Guidon Swiss ~. Jolly Jester Maurioes Shannon's Galley Cheese Ocs~pany Springs Restaurant The Meadows Restaurant The Araya Courtyard Cafe Holiday Inn of Asepn Pomegranate Mt. Sopris Restaurant Ute City Banque Crystal Palace Sweet Sensations Ctitl.inary Corner Copper nettle Paragat The Skier Chalet The Stonebridge Inn The Refectaty DiMaggio's at the Frying Pan The Tower Restaurant The Restaurant Timbexndll Irn: Timberline Bar and Restaurant Village Delicatessen of Snowmsa Aspen Mina Conpany Casey's of Aspen Galena Street East Lovings Sgt. Peppers American Cafe Pinoochio's Bagal Nosh Golden Horn Aspen Bar and Grill Le Cuisinier, inc. recognizes that presently they offer a product y.;. thol is only available to the public who patronize the above listed restaurants and desire to provide the community the opportunity to savor the specially baked items that they produce without having to go out to dinner to enjoy it. CONCLUSION Le Cuisinier is extremely proud of the product it produces and would like to make that product available to the comanunity at. large. it is a very unique opportunity for a small town like Aspen to have a full service patiasire. The nature of the proposed operation to be carried on by Le Cuisinier at the Mill Street Venture is consistent, compatible and logical for the business district emerging in the 400 block of North Mill StzseE. -3- // i' /I ~ EXHIBIT "A" > CREENROCK CORPORATION PocAr+nco Hies TARRYTOWN, NEW YORK IOS31 August 16, 1978 To Whom It May Concern: It is my pleasure to highly recommend Tom Gerlak as a very fine young man who is also a skilled chef and caterer. He first came to us as a substitute in one of our guest houses and then became the permanent chef at i(ykuit, the Governor's residence in Pocantico. Tom earned the respect of everyone in addition to praise for his work. He worked quietly. efficiently and economically in planning menus and purchasing. We regret his departure, however. we wish him great success 1n the future. I Josep W. Canzerl President • t'aKY i i. + '1,3r~ -., ,. I' i ;," ...~, x ',; ,. ,. , ..a' /~'°'~ 1, ,~~"~ ~ ~ ~: M ~! 5 ~ .:! 1'.a 1 ~.~ ~ ~U l~,~ I. ~ ~~~.~ ~- ~ F. !~ ;e A I~, (4M K} I " ~`'I ~./1.;yip ~ )r ~t / ~ ~" ~ 1~i ~~ 'I i MMM '~ yl I` 3 ~* a . ~• t ,1-'; M,~, li,.r >~° is ~#+~ } ~, ~~.F r1~5 ; ~ .:P ~p.1t " -: ~ ~t.! ~p 1. t '0. t. ~1 i ~i ~j;P n~1''t.% i' ~~ d" u'} ~~ Ik~ ~`:~5' *k Y At~~I f. l .; "?' 1yf { ~. ;; ~~, ~' r --°„ ,,, / ~ EXHIBIT "8" HFNRY A. KISSINGER February 8, 1978 ,,-, "e~ Dear Mr, Gerlak: • I want you;to know how pleased ~ Mrs. Kissinger and I always were when you cooked for us. Fwen ~, though you otter made it difficult ' for ma to remember I was on a diet, I would not hesitate to recosuaeud • you to someone who was looking !or an excellent chef, You took g~ care of us, and we greatly appre- ciated it. Sest zegnrds, ~~ Henry A. Kissinger Mz. Tom Gerlak 25 Stanford Avenue Colonic, New Jersey 07067 ,~,~. f'.A~.ri ''~.. ~ ,~ i'j ~~;. ,;~: p,; "+ '~rt a,. `~ ', V (1•••1 . n.~ f i 1 *~ ~~a~~ ...: Y?t ~. S4. . _ .~. rtl~ ~ .. wq ' ~ 1 +' -'-er ~•, 'ip:. 'r; a a.' ~ ..'a . ~~,,.~ ( ', `; ~~ . 1~ V .~ ") J \ . ./ ~I ~ J ~ y~V ~ ~\ H v` J ~ 0 J ~~ EXfiIBIT "C" ~~ ~`~ / Q ~' ~_... __ . - _,._~. ;, . . ~~ ~~- ~ :: I_~.. I _I ___I _ _; ~~~ f ' ... i. i -~~ r~~111- ~ ; __ ~r '' ~, (0~ > _•;'a y \ ~_:_ ',--. -. ~ _ ~. . ~.; a ~I - ~ ,-~ ~ ~ ~ ; ,r _ ;. ~ » ..;...~_,~.r ,, ,, ~ r . O =. Vr, i i . s O I , { ~ '~` l .~ I~ ~ I ...~ ~' _ ~ ~ . i0 ~ '" i ; ; ~w~ ~ ~ ~~ ~ ~~., s ~ ~ I I { ;, , ; t ,_ , ;~ I 1I' }~~ II ~ ' I ]r u ~~ \,C r~ EXIIIBII' "D" PETITION The Undersigned being the owners, managers or employees of the businesses located on the 400 block of Mill Street hereby requec`. the Planning and Zoning Commission to approve Le Cuisiniere's application for limited retail operation to be carried on in the Mill Street Building located at 465 N. Mill St., Space 19 as such use is consistent with the objectives and purposes of the S/C/I zone, is compatible with the other businesses in the surrounding area and the location in question represents the most logical, efficient, and convenient location for the nature of the service and product offered by Le Cuisinere, inc. Name ~~ // L/i~~~/..(.'~'\ ^~ ~ ~~ ~~ ~~~ ~°~ ~~~~~~~~ ~~~~~ 11 ~i ~C~f! t~_ C ,~,~ ~~~ ~ ~ Swe9~M,., ~c.~ ~~ is l~ ~~~~~ dJr.~ /V. /N-t.~~ y6s rv- N1,I(s,- y ~ j ~, H Ill J ih~~r~~ `'Y~J /v0. /~IiLL X65 N• MI~~ <~ c s- ~. ~k; (( r, -~ ~>~~1~~,~ yl5,v ~~~/~L Address n 1 7 tt '~ yj' S .PJ. ~c~f ~~Ca.c tr /.3 ~s N ~~~ 4 /' Business ,!'/E~.,~~ ~s ~~ Q~,R~ - `~ ~ .. ioy. ..~ - ~~. z~lrr:'i ~r ~ ,, ~~~~r J E•cr zn~ C~ ~}t=n/R~ !J c~Cc~i2oN/C Cc~~ i~ , ~ . _ ~ ;, jam,, ~ ~ d '-" "W 8~ ~4i f~'t,'~, ~~ • , ~, /-~ A~2r;N ENr~~cPRiSEs F1..,. ~..: ~~~ ._ ~.~~,,, ,~... ' , ~~ ~~ ~` ~. ...;. +s ~ ,. ' ~t.. ~~.f ,. ,, EXHIBIT "E" ~~ PETITION The Undersigned being the Owner and Tenants of the Mill Street Building located at 465 N. Mill hereby request the Planning and Zoning Commission to approve Le Cuisiniere's application for limited retail operation as such use is compatible with the other uses in the building; is consistent with the objectives and purposes of the S/C/I zone and the Mill Street Building hereby represents the most logical, efficient and convenient location for the nature of service and products offered by'La Cuisiniere. Name ~~„ -ems p .~.. ~~~ Address ~'Gl ~! ~st~ s~ Srir~ i~ yes .~ ~~E~ -~ti-~ .-3 ~~~~- ~~ ,yes ~ ~ ~~/~ S ~,~` :~ Buainesa s/a.~~~3- ~s l ~ ~~ a L- ~ ~GCt2d-c.e.~, ;y. ACC L~'~'~i .c~i-Yl~~ ~ `~~, ~~ ~ \ ~~ ~. ~ V O"C~ ~u~ ~~~~~ ~ ~ C ~ ~-_ n ~~L~G~,~ a~G~.. ~/z f riraCTy ~',`irS.t' ,, V ~~ «~~r,-? G--/~.Ss ~ ~ , , d~~Ci~Zz~~y y ~lS ti /yi~.l ST ~~~G~~~ ~~ ~ `7t ~ ~~ c f S-~ ~ ~ ~e ~~~~~i ~~`~'-`~ /fix/~' ~ ;, ~~ y6; N . ~, l~.r~ ~~S ~/YIiLC, GJ65 N. ~1rtL --1 L$' ~1 , ll/~ // 4c~j~. /~.C/' ~~~~ r, • ~~ ~,, , ~~ ~~~ ~Q~ ~~~ , p 1 (r/ , ' . / ~ ~ N V `4 'a ~'~~ , ~tf L `t ~. r ,` ~~ r ~, EXHIBIT "F" PETITION l The undersigned being residents of the City of Aspen hereby request the Planning and Zoning Commission to approve Le Cuisiniere's application for limited retail operation to be carried on at the Mill Street Building, 465 N. Mill St., Space 19, as such use is consistent and compatible with the other uses in the surrounding area and the location in question represents the most logical, efficient and convenient location for the nature of the service and product offered by Le Cuisiniere, Inc. Name ~ ~ v,/ ~~5~ L~ ~~~ ~~~1 /~~'~ n _. ~~~ ~ ~~ ~• . ~C.c~'ce.~,e-~-b ~~~ //y/. /. n /J Q,i~.r7...~1. ice.-C~ /~ cin~~ ~yn~ ~-~ 1, sr't. ~t`~~Cc~~ . ~~~'~~~ Address /~3 C' ~~~ S~ . ~, C.t ~, i~/~ ~/~ t ~ ~' '.~S ~f~ll.G H ~j4 ~ ~s S ~~~ ~~~ ~~~~P ~(G~ N,~r, ~~,~. .3~ s./. Z 1l~~, s ~ ~t.~~(> Jo/"~~..~ ~TlJ~t' y65 N, M1GL v ~ s ~~ ~~~:a, ,~ ~~ << ~ ~ ~~ I-~Gwwj r f~rtrs•~~ c~~i: ,, .. ,, ri.x a4 ~s r= x a~ Y i ~ ,,;!a,: ~~ ~ ~~+ hid .~. . - ~ n„ r~ •+ E~7'N+-f3L ism ,.. M ~91~ n~ t NTE~Q~° R! S t3 S". ~ ~... ~¢ P~"~-S JEFFREY M. SACHS HERBERT 9. KLEIN JON DAVID 6EIOL[ SACHS KLAN & SI:IGLL' ATTORNEYS AT LAW 001 EAST MAIN STREET ASPEN. COLORADO 81611 c3031 Y3S-6513 DENVER OFFIG E: I66D LINCOLN 6T.-SUITE 1618 DENVER, COLORADO SO[64 1303) 861.2483 October 24, 1978 .4s. Karen Smith Planning Director City/County Planning Office 130 South Galena Aspen, Colorado 81611 RE: Le Cuisinier, Inc./Amendment of Definition of Conu;~ercial Bakery Dear Raren: On behalf of Le Cuisinier, Inc., I would respectfully request that you and your staff initiate an amendment to the Zoning Code, which would amend the present definition of "commercial bakery" wltidi appears in Section 24-3.1(bb) of the Code to allow a 'bommercial bakery"to engage in limited over-the-counter sales of goods produced on the premises. The definition, as it now exists, precludes not only retail over-the-counter sales but all retail dispensing of goods baked on the premises. I do not believe that the latter was truly intended by the authors of tk:e Code, as in a City of the size of Aspen, this would effectively preclude any bakery in the S/C/I zone, as a pure wholesale bakery cannot be supported by the population base of this City. This is further borne out by the recent approval of the Pizza Runs use of a retail home delivery service, which is expressly prohibited by the definition of "commercial bakery" as it presently exists. The former pro- hibition is inconsistent not only with the nature of wholesale bakeries in general but also the 5/C/i zone as it now presently exists. DSost, if not all, wholesale bakeries have a limited retail out- let to allow vending of their fresh baked products to the general public. These operations are ancillary to the baker's primary function of baking for the wholesale market, but nevertheless it is a "service'' offered to local residents who desire to take advantage of it. Further, the definition of "commercial bakery" as it appears in the S/C/I zone is an anomaly, because for no other designated use, is there an attempt to define the potential °~'1 foe. Karen Smith Page Two October 29, 197II market. Rather, it is the nature of the use that determines if the market is wholesale or retail. There seems no justification for legislative determination of the market for one designated use and not the remaining uses. In this respect, it is clear from the nature of the businesses as presently existing in the S/C/I zone, that retail marketing of goods is not only not prohibited, but is dominant in the zone (please refer to the memorandum prepared by Le Cuisinier, Inc. for the October 17th meeting of the Planning and Zoning Commission which is attached hereto and which sets forth the other businesses of the hill Street Venture and their predominate markets). It certainly was not tY~e intent of the authors of the S/C/I zone to preclude retail operations in that zone and there appears to be no rationale basis for the prohibi- tion on a "conunercial bakery" engaging in over-the-counter sales. As outlined in the memorandum, Le Cuisinier, Inc. will primarily be engaged in the wholesale production of baked goods and other specialty foods. As an ancillary operation to its primary function, Le Cuisinier, Inc. would like to sell its product, including baked goods over-the-counter. As evidenced that such retail sales are incidental to the wholesale operation, the baked goods would be sold whole as opposed to in pieces, packaged, and no on--site consumption would be permitted. There would be no beverages sold and no seating available on the premises. Only a small percentage of space would be allocated to the retail operation. As outlined above, I feel that Le Cuisinier's activity is consistent with the intent of the authors of the Zoning Code in designating the S/C/I zone and would not be in derogation of the special function that zone is intended to play. Tlie limited retail use is clearly consistent with limited commercial purposes as defined in the intention of the S/C/I zone and also is a customary accessory to the wholesale bakery business, which likewise falls within the intention of the authors of the zoning code. I believe that a "commercial bakery" can be defined in such a way as to further tkie intent of the zone and alloy a business operation that is consistent with the overall purpose of the zone. I offer the following definition of ''commercial bakery'' which embodies the discussion above: "commercial bakery" -- a bakery that is primarily engaged in the wholesale production of baked goods. A commercial bakery may engage in limited retail over-the-counter sales of baked goods provided: Ms. Karen Smith Page Three October 24, 1978 1.) That said retail sales is ancillary to the primary activity of the convnercial bakery; 2.) That all goods sold are baked on the premises; 3.) All goods sold are packaged; .and 4.) No on-site consumption of baked goods is permitted. This definition assures that a bakery permitted in the S/C/I zone will primarily be engaged in a wholesale production, but it allows a limited retail sales which is consistent with customary accessory uses of wholesale bakery. I appreciate your review of Le Cuisinier's request for amendment of the definition of the "commercial bakery" in your comments. I am hopeful that this letter and/or the content hereof can be the subject of discussion in the next Planning and Zoning Meeting and that an appropriate motion will be made amending the definition. I appreciate the assistance and cooperation that your office has extended to Le Cuisinier and myself to date in this matter. Sincerely yours, SACHS, KLEIN & SEIGLE By Jon David Seig e lmk cc: Le Cuisinier enc. MEMORAPIDUM TOc Aspen City Council '/' FROh: Richard Grice and t:aren Smith, Planning Office ,;~, I r R[:' Definition of Commercial Baker 1, '' DATE: November 22, 1978 ter. ~ ~~ ':t About a month ago, the Aspen Planning and Zoning Commission was presented` -- with a request by Le Cuisinier for a use dei:ermination to permit a ,_i ! conuncrcial batter with a limited amount of over the counter sales. This se was to be located in the S/C/I District in the Mill Street Venture. j~he applicants dryued that other uses in the area were permitted limited retail sales and that such sales were an integral part of the business, without which no co~~rmercial baker could survive. Tliey argued too that their service was specialty foods and that they would not sell individual "treats" iike Little Cliffs does, but rather sell only whole pies or cakes. The Planning Office recommended against the proposal. Unlike other S;C/I uses, the use of a commercial bakery is clearly defined to prohibit any ' over the counter sales as follows: ~' Commercial Bakery: A bakery in which there is permitted the pro- duction and/or wi~elesale sale of baked goods, but where over-the- counter or other retail dispensing of baked goods shall be pro- hibited. (Section 24-3.1 (bb), Aspen Zoning Code) Moreover, the careful distinction of the parameters of commercial bakery was initiated through a special code amendment in November, 1975 per- mitting only non-retail commercial bakeries in the S/C/I District. The amendment was prompted by a request by George Selis to locate a commercial bakery in the building adjacent to the Rio Grande. The consensus of P&Z opinion was that the use was appropriate and consistent with other uses if it was non-retail and that the Code should be amended to permit it. The particular condition prohibiting retail sales is more logical for commercial bakery uses in that bakeries more easily convert to high volwne retail trade. People are likely to stop by for a snack or to pick up some dessert if the location is at all convenient. Al- though Mr. Sells'request had been for a use that was 95~ wholesale and 5~ retail, Bill Y.ane argued that the area was inappropriate to handle the traffic generated by commercial retail uses. A recent application for commercial bakery in S/C/I was turned dorm by the Building Inspec--'i~ ~' ` ; for this Summer because it proposed to incorporate retail use. - V` The Planning Office today feels even more strongly about preserving the integrity of the S/C/I District as a haven for limited industrial and limited commercial uses. A quick look at the use list demonstrates that the uses permitted here are allowed nowhere else in the City. Plumbing service, builder's supply, lumber yard, sporting goods. manufacture, to name just a few, are lower volume, less traffic gen- erating, and consequently can only pay lower rents. From a land use standpoint, it makes sense to separate the high volume, tourist-oriented commercial from the lower volume service commercial that is the back- bone of the community. It is essential to reserve places solely for such uses; otherwise in a highly competitive tourist economy these ~' uses will outbid those uses straight out of town. 41e have permitted competitive high-volume uses right next door to S/C/I in the Trueman ,• Center and thus the pressure is on for spill-over in the same way as the ' Neighborhood Commercial has been diluted with more competitive, retail ` uses. The P&Z recently turned down a request to permit a limited food 1 service/coffee shop in the S/C/I District on the grounds that it would foster this kind of erosion. Requests abound for new quasi-service Commercial uses because it is apparent that the lower Mill Street area will soon emerge as a high traffic area and therefore an attractive one to retail operations. Rer;ts are lower, further encouraging the deter- ioration. 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A commercial bakery may engage in limited retail over-the-counter sales of baked goods provided: 1. that said retail sales are ancillary to the primary activity of the commercial bakery; 2. that all goods sold are baked on the premises; 3. that all goods sold are packaged; and 4. that no on-site consumption of baked goods is permitted. Tb: FPDM: RE: DATE: MEHIDERS OF THE PLANNING AND ZCi~IING CONPIISSICfJ LE CUISINIER, INC. DEFINTTI~I OF CONP'g'S2CIAL BAKERY NOVEh1BER 21, 1978 Pursuant to a resolution adopted at your October 17, 1978, meeting, the following definition of "commercial bakery" is submitted for your consideration: The proposed definition meets the criterion set forth by the Planning Commission in its resolution that the definition of "commercial bakery" be revised to include "a restrictive, clearly defined and limited sale of baked goods on the premises" (page 3 of Record of Proceedings, regular meeting of Aspen Planning and Zoning Commission, October 17, 1978). As set forth in a letter to Karen Smith dated October 24, 1978, the revised definition is not only consistent with the Planning Commission's criteria set forth in the October 17 meeting, but also is consistent with the intent and purposes of the S/C/I zone (a copy of the letter and Minutes from the October 17, 1978, Planning and Zoning Meeting are attached). lmk .~.> '~ ~H„OtOFD rODLIt XIHO CO.r DCBVCR R E C O R D O F P R O C E E D I N G S Regular Meeting Aspen Planning and Zoning Conmmission October 17, 1971 The Aspen Planning and Zoning Commission held a regular meeting on October 17, 1978, at 5:00 PM in the City Council Chambers. Members present were Charles Collins, Ellen Anderson, Olaf Hedstrom and Joan Klar. Also present were Karen Smith, Richard Grice and Jim Reents of the Planning Office. Approval of Minutes Hedstrom moved to approve the P&Z minutes of October 10, 1978, as submitted, Klar seconded. All in favor, motion approved. Klar moved to approve the minutes of the Aspen Independent Commission of October 10, 1978, as submitte3, Anderson seconded. All in favor, motion approved. Collins abstained from the vote. v4 . ~`~ lular Meeting Aspen Planning an Zoning Commission cto er , e Cuisinier and Grice noted that these are similar applications. They our Pizza Run, are both commercial bakeries wishing to locate in the use Determination S/C/I zone. Le Cuisinier wishes to locate in space #19 in the Mill Street Building. Your Pizza Run wishes to locate in the River Front Building. Le Cuisinier wishes to open a retail/wholesale/catering bakery, Grice noted that the S/C/i is located in two limited are Ile stressed the necessity to preserve this area for the specific uses listed in the code. Grice read a section of the code which specifically pro- hibits over the counter retail dispensing of baked goods in the S/C/I district. The S/C/I district generates 8 minimal amount of traffic and they wish to preserve this The Planning Office recommends that the P&Z determine that production, wholesaling and catering is a permitter use in the S/C/i zone but prohibit retail sale of baked goods on the premises. They also recommend approval of Your Pizza Run's application. Anderson asked if the retail is only 108 of their space why it is so important to them unless they anticipate alot of business. Grice noted that most bakeries only need a small counter to display their goods. Jon. Seigle, representing the applicant, asked them not to consider this application as another Little Cliff's. There are currently 40-50 restaurants in town that buys their specialty products. He noted that a majority of the uses in this building are retail uses. He-noted a petition from every owner of the businesses in the built supporting this use. They are asking for a counter 6' x 2' x 3' to display their cakes. They anticipate this will be 108 of the business. They will not be sell single pieces of the cakes. They do not understand why they can deliver the cakes but not sell them over the counter. He noted that there are 150 spaces for parkinc Anderson asked how many parking spaces are reserved for employees. Seigle noted they have two spaces. He felt this is a unique opportunity for Aspen to have a specie] food bakery. He produced pictures of the goods they baA Dean Small, one of the bakers, noted the difference be- tween a bakery and a specialty foods shop. He noted the many people have inquired how they can purchase their goods after having had them in the restaurants, Their products need special care and refrigeration and it wou] be difficult to transport them to another location for sale. Seigle noted that this will be an adjunct to thei main industrial business. Klar asked where they are lo- rated presently. Small stated that they are sharing spe with the Aspen wholesale Bakery at the Airport Business Center and their lease is up this month. Hedstrom wanted to approve the application but noted the the retail part of the business is strictly prohibited. Anderson agreed. Collins feared that they .will push out the uses that are intended for this district. Hedstrom moved that the P&Z determine that a commercial bakery and catering business is a permitted use in the S/C/I zone and the definition in the code for commercia: bakery be specifically applicable, Anderson seconded. All in favor, motion approved. Hedstrom moved that the Planning Department prepare a /' revised definition of commercial bakery to include a restricted, clearly defined and limited sale of baked ~ goods on the premises, Anderson seconded. All in favo;, ~~_motion approved. j ~,. '`~ ' ,F °~ -s- .,..o.ow~ P„.~,.„,„, ~,., ..„,,.. R E C O R D O F P R O C E E D I N G S itegular Meeting Asp en Planning and Zonin g Commission October 17 i97 Klar asked the Planning Office to issue a note to the Building Inspector regarding their concerns of uses in this district. Hedstrom moved that the P&2 determine that Your Pizza Rur consisting of pizza bakery with delivery service, is a permitted use under the S/C/I zone, Klar seconded. All in favor, motion approved. ._. .. ~_ _ ~_ _~ - - Code.Amendment, Grice asked Hedstrom if he would clarify hie previous :'J.arification of recommendation to the Planning Department to redefine and 'onmiercial Bakeries 'clarify commercial bakeries in the S/C/I district. Grice in the S/C/I Zone preferred a crystal clear guideline for those who must interpret it. Hedstrom said Grice may interpret his motic broadly in drafting the amendment. Hedstrom moved to adjourn the meeting, Klar seconded." ' All in favor, motion approved. Meeting adjourned at 7sS0 sneryi mmen~De~P YDeputyd City C er •~ ~ ~ .. __ ~ `°~= 1 JEFFREY M. SACHS HERBERT S. KLlIN JON DAVID SFIOL! SACHS KLL'IN & S);IGLE ATTORNEYS AT LAW SO1 lA ST MAIN 6TREET ASFFN. COLORADO 61811 t 3031 8356810 DENVER OFFICE: 1880 LINCOLN BT.- 6UIT! 181! DENVER. GOLORA00 80264 t 0001 661-2489 October 24, 1978 D7s. Karen Smith Planning Director City/County Planning Office 130 South Galena Aspen, Colorado 61611 RE: Le Cuisinier, Inc./Amendment of Definition of Conuaercial Bakery Dear Karen: On behalf of Le Cuisinier, Inc., I would respectfully request that you and your staff initiate an amendment to the 'Coning Code, which would amend the present definition of "commercial bakery" wludi appears in Section 24-3.1'(bb) of the Code to alp^~•~a 'bommercial bakery"to engage in limited over-the-counter sales of goods produced on the premises. The definition, as it now exists, precludes not only retail over-the-counter sales but all retail dispensing of goods baked on the premises. I do not believe that the latter was truly intended by the authors of tY:e Code, as in a City of the size of Aspen, tkiis would effectively preclude any bakery in the S/C/I zone, as a pure wholesale bakery cannot be supported by the population base of this City. This is further borne out by, the recent approval of the Pizza Runs use of a retail home delivery service, which is expressly prohibited by the definition of "commercial bakery" as it presently exists. The former pro- hibition is inconsistent not only with the nature of wholesale bakeries in general but also the S/C/I zone as it now presently exists. DSost, if not all, wholesale bakeries have a limited retail out- let to allow vending of their fresh baked products to the general public. These operations are ancillary to the baker's primary function of baking for the wholesale market, but nevertheless it is a "service'' offered to local residents who desire to take advantage of it. Further, the definition of "commercial bakery" as it appears in the S/C/I zone is an anomaly, because for no other designated use, is there an attempt to define the potential ~. Pis. Karen smith Page Two October 24, 197(3 market. Rather, it is the nature of the use that determines if the market is wholesale or retail. There seems no justification for legislative determination of the market for one designated use and not the remaining uses. In this respect, it is clear from the nature of the businesses as presently existing in the S/C/I zone, that retail marketing of goods is not only not prohibited, but is dominant in the zone (please refer to the memorandum prepared by Le Cuisinier, Inc. for the October 17th meeting of the Planning and Zoning Commission which is attached hereto and orhich sets forth the other businesses of the bill Street Venture and their predominate markets). It certainly was not tYie intent of the authors of the S/C/I zone to preclude retail operations in that zone and there appears to be no rationale basis for the prohibi- tion on a "commercial bakery" engaging in over-the-counter sales. As outlined in the memorandum, Le Cuisinier, Inc. will primarily be engaged in the wholesale production of baked goods and other specialty foods. As an ancillary operation to its primary function, Le Cuisinier, Inc. would like to sell its product, including baked goods over-the-counter. As evidenced that such retail sales are incidental to the wholesale operation, the baked goods would be sold whole as opposed to in pieces, packaged, and no on-•site consumption would be permitted. There would Ue no beverages sold and no seating available on the premises. Only a small percentage of space would be allocated to the retail operation. As outlined above, I feel that Le Cuisinier's activity is consistent with the intent of the authors of the Zoning Code in designating the S/C/I zone and would not be in derogation of the special function that zone is intended to play. The limited retail use is clearly consistent with limited commercial purposes as defined in the intention of the S/C/I zone and also is a customary accessory to the wholesale bakery business, which likewise falls within the intention of the authors of the zoning code. I believe that a "commercial bakery" can be defined in such a way as to further t:ie intent of the zone and alloy-i a business operation that is consistent with the overall purpose of the zone. I offer the following definition of ''commercial bakery" which embodies the discussion above: "conunercial bakery" -- a bakery that is primarily engaged in the wholesale production of baked goods. A commercial bakery may engage in limited retail over-the-counter sales of baked goods provided: ~.~ ,; ~ Pls. Karen Smith . Page Three October 24, 1978 1.) That said retail sales is ancillary to the primary activity of the conunercial bakery; 2.) That all goods sold are baked on the premises; 3.) All goods sold are packaged; .and 4.) No on-site consumption of baked goods is permitted. This definition assures that a bakery permitted in the S/C/I zone will primarily be engaged in a wholesale production, but it allows a limited retail sales which is consistent with customary accessory uses of wholesale bakery. I appreciate your review of Le Cuisinier's~ request for amendment of the definition of the "commercial bakery" in your comments. I am hopeful that this letter and/or the content hereof can be the subject of discussion in the next Planning and Zoning Meeting and that an appropriate motion will be made amending the definition. I appreciate the assistance and cooperation that your office has extended to Le Cuisinier and myself to date in this matter. Sincerely yours, SACHS, KLEIN & SEIGLE By Jon David Seigle lmk cc: Le Cuisinier enc. '_ M E M O R A N D U M T0: Aspen Planning and Zoning Commisison FROM: Richard Grice, Planning Office RE: S/C/I Code Amendments DATE: November 16, 1978 In recent months, several applications for use determination and conditional use have come before you which due to strict interpre- tation of the zoning code by the Planning Office were recommended for denial but were approved by the P & Z. I believe that this happens because the arguments presented on each side, by the well- meaning applicant and by the Planning Office, are primarily sub- jective. My experience is that the final straw that changes the tide of the vote is the realization first by one member then another that "you know, there really is a demand for this business or ser- vice." Outside of the Aspen Area in the purely free market, it is upon the same kind of signal that businesses come into existence. Dollar votes are cast by the demand and the result is growth in the traditional sense. This trend, referred to as upgrading toward the highest and best use, is a result of increasing traffic and has a snowball effect. Traffic attracts traffic and rents go up. Wi£hout zoning, a use which is in a location out of a high traffic area during a period of upgrading is slowly pushed out by the ex- panding demand, a city without zoning or physical limitations can be expected generally to expand in circles outward. The trend towards "highest and best use" needs to be recognized as a growth pressure. The Growth Management Plan has as one of its goals balance between new businesses, population~housinq, community facilities, and ski- ing. If in the administration process, we were to eliminate any major segment of our economy, then our balanced population will not have its balanced demands satisfied. A population with unsatisfied demands is an extreme growth generator. In order to avoid a back- lash which would be devastating to growth management and to those qualities of life style goals which were identified by this com- munity years ago, we need to be extremely careful to make our zoning work. The altered growth rate requires that we begin to make numerous decisions which were previously made by the free market. These decisions are called use determination, conditional use, 8040 greenline, mountain view plane, and etc. I feel that the charge of the planning staff is to remind you of the progress we have made. These decisions and the chance to make them are now law. If we don't decide these decisions with a clear set of standards in mind, then our code is tossed about without direction or purpose. As demand for Aspen from all over continues to increase we can expect growing tensions on our zoning code. Bright young lawyers trying to do the best for their clients who are just trying to make a living will continue to make great subjective arguments which erode the zoning code unless we act to clarify the intentions of the zone districts and remove the subjectivity. As the problems are identified, the Planning Office will bring needed amendments to your attention. Our most crucial current problem is with the SCI Zone District. Pressure on the SCI zone is increasing significantly. The City has already appropriated the Rio Grande property for other pur- poses and is in the process of acquiring the Aspen One property which further reduces the availability of industrial sites. The pending Aspen One acquisition already has the Planning Office search- ing for a replacement site for the lumber yard.. The end result will most likely be the rezoning of additioanl County land to I (Industrial). As you know, the scope of. the SCI zone in terms of ~,_., '" Memo to City P&Z S/C/I Amendments November 16, 1978 Page Two total l~lnd area is very confined. There is a pocket of SCI zoning behind the Concept 600 Building and the only other locations are the Andrew's property at the base of Mill Street and then across from the Andrew's property in the location of the Aspen Metro Sanitation District plant and the Mill Street Venture. At present, circular growth pressures radiating from the Trueman Center are having the most significant effect upon the adjacent SCI Zone. Since this Commission and the Community has already made the de- cision not to satisfy this type demand, the Planning Office recom- mends: the following amendments to the Code: 1. Amend the intention of the SCI 7.one District to read: to allow the use of land for limited commercial purposes and limited industrial purposes, with customary accessory and institutional uses, provided those uses are not traffic generators. In addition, residences for those employeed in this district may be included in the service or com- mercial buildings or adjacent thereto as conditional uses. 2. To the list of permitted uses, we need to add the word industrial in .f_ront of dry cleaning plant and laundry, delete gasoline stations and vehicle sales from the zone district entirely, 3. The definition of commercial bakery should be amended to read: a bakery in which there is permitted the production and/or wholesale (sale of goods to anyone other than the ultimate consumer) sale of baked goods, but where over- the-counter or other retail dispensing of baked goods on site shall be prohibited. 4. A definition for limited commercial should be added to the Code to read: A business for which retail sales on pre- mises are prohibited but wholesale sales shall be permit- ted both on and off premises. Toe will honestly be amazed if each of you .totally agree with the proposed changes. But, if by focusing your attention we can de- termine clearly what it is we are trying to preserve and begin to move in a direction that will both preserve and improve the zoning code, then our purposes will be served. rh ~,, ,... __,~ _ ~~ w.~ (.,,~ {Q~f ~ l `/ V M E M O R A N D U M T0: Aspen Planning and Zoning Commission FROM: Richard Grice, Planning Office RE: SCI Zone DATE: October 18, 1978 ~he altered growth rate requires that we begin to make numerous decisions ~' which were previously made by the freemarket, dollar votes or demand. `~ These decisions are called Use Determination, Conditional, 8040 Greenline, ~`' Mountain View Plane. I feel that the charge of the Planning Staff is '~~ ~ to remind you of the progress we have made. These decisions and the chance ~ to make them are lqw. If we don't decide these decision with a Blear f set of standards in mind, then our code is tossed about without direction ~or purpose. Spreading the core hurts existing merchants. Increases growth pressures by satisfying them. Rents go up in S/C/I due to ".upgrading",S/C/I either reil~s additional space at edge of town, out of traffic, where rents are cheaper or in a town called Aspen with growth rate of 1.5 surrounded by County zoned AF, the displaced S/C/i er would more than likely leave. Demand would then not be satisfied in this area within the community. The backlash would begin to grow. The key here is the word Ballance. ldhat is happenning in the Use determination and Conditional Use hearings is that the auguments presented on both sides are subjective and the final straw is the realization by first one then another commission member is that"there really is a need for this use." This means yeilding to demand. We agree that needs should be met. Needs, services, luxuries, dwelling units, ski facilities - all of these things are attempting to be baldnoed~l. Retailer needs the prime location, traffic and act. Spreading traffic out over town will delete the buying power in the area. His rent starts getting expensive if the commercial core type businesses move in because traffic means demand. If they retailer take over, the traffic comes, and the value goes up toward "highest and best use". We must make the conscious decision to resist the "normal trend" of the American Way for the reasons we have previously identified in Growth Management Plan. Backlash would be devistating to those quality of likestyle goals which were originally identified. If the people don't get what they need in the city then their demand for these services on the fringe of the city increases. Demand presures are increasing for Aspen. Growth preasures from the private setter in the form of a backlash can be expected the increase under the following scerino: normal presures from American economy are generally in the direction of constant change (hopefully, according to the business community toward what's known as "highest, and best Use" - this is usually means dollars). Following that line of thinking... demand is contently expanding, therefore, so must the city in circles outward, usually called Urban sprawl. We've made a decision against that trend for our community. This means the net-. essity of adherence to a strict interpretation of the zoning code. This means we will resist the changes demanded by a Demand that is changing and growing. If we hold growth rates down to 1.5% per year and at the same time allow the xone districts to blend together, we can expect the "highest & best" to, because of the dollars involved, become limited to those businesses which generate high volumes due to high traffic. TRANSCRIPT P & Z MEETING OCTOBER 17, 1978 GRICE: Olaf, are you sure you don't want to reconsider your motion to have us look at how to change the commercial bakery section? 2 would prefer to be directed by this commission to come up with crystal clear definitive guidelines for uses allowed in the S/C/I zone so that the. Building Inspector and his assistants will have no problem in understanding rather than taking one that's crystal clear and making it loose. It's so subjective. MS. ANIlER90N: Well, for example, it doesn't say automobile repair, it says automobile washing so at least... COLLINS: If you can give us, you know, as much as you want and we can look at it, HEDSTROM: You interpret the motion broadly, GRICE: Very broadly, well, if I interpret it very broadly, I may not come in suggesting a change, HEDSTROM: Alright, don't do it. GRICE: Thank you. KLAR: Just, your recommendation is_it's great as_.it stands. ___ GRICE: I'd rather tighten up what's there than loosen up what's there so that we can really grab... The thing is it's so subjective, the Planning staff, you guys, and then where's it going to end? You let one in, and the other one says, "Well, they're, you know,.they're,.." and so on. RLAR: And it changes with the composition of this Board. I mean, just the short time I've been on here, and I'm sure you've seen incredible changes. RECORD OF PROCEEDINGS 100 Leaves Regular Meeting Aspen PlanninG and Zonincr Commission November 4, 1975 f I Meeting was called to order by Chairman Jack Jenkins with members Brian ~nA,~,(c~~;, Goodheim, Roger Hunt, Patrick Dobie, Danny Abbott, and Mike Otte presentr Also ; present was City/County Planner, Bill Kane; and Hal Clark from the Planning Department. Larry Lavine represented the Aspen Institute. Approval of Minutes Hunt asked that on page 2 of the October 7, 1975 minutes on the first line that the word "for" be changed to from. Hunt made a motion to approve the minutes of October 7, as changed; seconded by Otte. All in favor, motion carried. Hunt moved to approve the ninutes of October 21, 1975, with the correction on the third page in the fifth paragraph to read; Kane mentioned that in the Planning Department's evaluation they wouldn't agree with the project unless the parking solution was solved; seconded by Otte. All in favor, motion carried. New Business City Attorney Stuller made a request to the Planning and Zoning Commission that they set a public hearing to consider 3 amendments to the zoning code. Those being Revision of article 8 of the code, PUD; allowance of livestock in residential districts if they were subser- vient to an accessory to a residential use and. not • commercial activity and did not constitute a public nusiance; and a change was requested that open space be re-defined so it must be provided at grade as opposed to being four feet above or 10 feet below grade. Jea]cias sugcested that they have a study session on November 18 to discuss the amendment PUD. The public i hearing will be on December 2, 1975 for the PUD. Historic Prservation Stanford-told Planning and Zoning members that the City Council has authorized the admission of a minor change in the zonine, code to allow the Historic Preservation to increase their membership by 3 alternate members. The Planning and Zoning is to make a recommendation and forward the .reco:rsnendation of that proposal to Council. Standford read. the proposed charge. Motion Hunt made a motion for the Historic Preservation Committee to increase the membershia by an addition of 3 alternates; seconded by Abbott. All in favor, motion carried. Historic Designation Stanford mentioned that this be cancelled due to improper of four structures notification proced~.ire. Commercial Bakery C].arlc presented. the request stating that it is a public Permitted use in hearing set purs~.iart to the Plannir.q and Zoning request S/C/I zone to i.ncorperate commercial bakery as permitted. use in the S/r_/I District. The hearing is brine held pursuant to section 24.1].-4 of the Zoning Code. The req!test was prompter:. by th•^ ap?licant, George Se].ls, fo.r the commer- cial bakery located in the building adjacer_t to th.e Rio Gran~'e. It has the Plarring Department's approval. .7en.ki.ns asked if. there were any comments. Jenkins closed the public hearing. Motion Abbott made s motion that corenercial b=.kery be a permitted use i_n the S/C/I zone; nor..-retail; seconded by Hunt. All. in favor, metion carried.. race • c. r. xotcxa e e e ~ ca RECORD OF PROCEEDINGS 100 Leaves Regular Meeting Aspen Planning & Zoning Commission October 7 1975 ! Motion Collins moved to temporarily zone the Thomas Property C-Conservation; seconded by Otte. All in favor, motion carried. Columbine Clark explained that this is an application for Columbine Condominiums Condominiums consisting of 5 one bedroom condominiums to located on the corner of Hopkins and Original, across the street from the Larkspur. Zoning is RMF, 5 units are allowed, 1 unit .per 1200 sq.ft. and is a total of 6,000 sq.ft. on the property and our recommendation is for approval of the application at this time. Motion Hunt moved to approve conceptual subdivision for Columbine Condominiums; seconded by Patrick Dobie. All in favor, motion carried. Clark asked applicant to bring floor ' plans for P&Z members to see. Scott Condominiums Clark explained that this application of the condominimiza tion of the existing Scott Medical Buildings consisting of 8 condominium units, 7 of which are apartments and 1 a medical office. The building will be between third and fourth streets. Clark said that it is a non-conforming ' use and is an R-6 zone. Planning Office had one concern and that is adequate parking be provided for the entire building. There are 11 parking spaces available now. Jenkins felt that since there is a medical office they will need sufficient parking for the office plus the bedrooms in the apartments. Jenkins also felt that if the existing apartments in which locals are now living in are condominimized and bought by non-local people that it would be defeating the purpose. Motion Goodheim made a motion to deny subdivision for the Scott Condominiums on the basis that we ar_e in the midst of formulating a policy concerning the merits of condomin- imization existing structure and admittedly the applicant has no existing need to condominimize right now; seconded by Abbott. Jenkins asked if 'there was any discussion. Clark felt that there were two factors which were unclear those being he hadn't crossed checked with the plans in the building department and feels that it would be appropriate to get a list of tenants and units that they own and would be appropriate to be tabled until submitted. Motion Goodheim made a motion to withdraw first motion; Abbott seconded. Goodheim amended the motion to read the conceptual subdivision approval of Scott Condominiums pending a submission by applicant of tenant lasses and satisfaction and submission of engineering data and physi- cal data to planning office that would answer the points in question; seconded by Abbott. All in favor, motion carried. Use Determination Clark presented the project by saying that this is a Bakery in S/C/I request in a S/C/I zone which is Service, Commercial, and Industrial. Clark said what they are recommending is that the conditional use be approved but that retail use not be allowed at that location. -3- Aspen Planning & Zoning 10-7-75 George Sells described the physical location of the build- ing which would be down the hill from the Jerome by the river and it's a white sheet metal building. There would be about 95$ wholesale and the rest retail. It was questioned if retail use could be permitted as a commercial use. Kane felt that that particular area could not handle the automobile turnover because it is already too congested. Collins felt that a commercial bakery would be alright in that area but not to have it be a retail bakery. Kane said that there will have to be a conditional use hearing on this proposal; it will require a public hearing. -Due to the fact that this use is undefined and when there is a question in P&Z's mind they review the use. Motion Hunt made a motion that the bakery be included within the zone S/C/I as a commercial bakery non-retail; Abbott seconded the motion. All in favor, motion carried. November 4, 1975 was set for a public hearing to Amend Code for bakery. Park Central Park Central was post-poned until November 4, 1975. Hunt made a motion to adjourn the meeting; seconded by Dobie. Meeting adjourned at %:30. Elizab th M. Klym, Dap ty Clerk 1 -, ~..,. MEMORANDUM TO:f Aspen City Council ~~~'X" FROM: Richard Grice and Karen Smith, Planning Office RE: Definition of Commercial Bakery DATE: January 4, 1978 The presence of the high volume and high traffic Trueman Center adjacent to the S/C/I zone has resulted in a dramatic increase in the pressure for "up-grading" in the S/C/I zone district. Requests abound for quasi service/commercial uses because it is apparent that the lower Mill Street area will soon emerge as a high traffic area and therefore an attractive one for retail operation. The S/C/I zone was created as a haven for those uses which do not require high traffic for survival. The low rents which have historically been charged in the t1i11 Street Venture building (57.50 per square foot) are a function of the Same low traffic. Annual rental rents per square foot in the Commercial Core are commonly in the 518 to $20 range. The pressure which is being imposed upon the S/C/I zone is a very natural trend in the free market, known as the pressure to up-grade toward the "highest and best use". In a town such as Aspen with a growth rate of 1.5% surrounded by a County zoned agriculture-forestry with large lot zoning, it is absolutely imperative that we maintain our zoning code and its zone district boundaries. If we do not maintain our zone boundaries with a clear set of standards, we can expect the less competitive service/ commercial/industrial uses which are the backbone of the community to be pushed out of town by spiraling rents. This trend towards "highest and best use" needs to be recognized as a growth pressure. The Growth Management Plan has as one of its goals, balance between new businesses, population, housing, community facilities, and skiing. If, in the administrative process, we were to eliminate any major segment of our economy, then our balanced population would not have its balanced demands satisfied. In the Growth Management Policy Plan on page 46, the City recognized that allowing unlimited commercial activity was inconsistent with the goal to preserve the 3.47% County-wide growth rate. Therefore, the goal of limiting commercial expansion to 24,384 square feet was limited to two districts (CC and C-1), If this code amendment is apprcved, it will represent an expansion of co~nnercial space not controlled by the GMP and another step in the trend toward the elimination of Service/Commercial/Industrial uses. In a community without growth controls the up-grading trend toward "highest and best use results in the constant expansion of those cities in circles outward. In an attempt to get away from high traffic areas the service/commercial/industrial type uses move .to the fringe of the city. That is not an option these uses have in Aspen. If the area in which they are located up-grades, their only choice is to cease to exist. In order to avoid a backlash which would be devastating to growth management and to those quality of life-style goals which were identified by this community years ago, we need to be extremely careful to make our zoning work. A population with unsatisfied demands is an extreme growth pressure. The definition of Commercial Bakery as it exists in the Aspen Municipal Code today, makes a careful distinction of the perameters of commercial bakeries. The distinction of course prohibits retail dispensing of baked goods. It aras initiated through a special code amendment in November, 1975, permitting only non-retail commercial bakeries in the S/C/I zone district. The amendment was prompted by a request by George Sells to locate a commercial bakery in the building adjacent to the Rio Grande property. The consensus of P and Z opinion was that this use was appropriate and consistent with other uses if it was non-retail and that the code should be amended to permit it. T!;e oarticular condition prohibiting retail sales is more logical for. commercial bakery uses in that bakeries are more easily converted to high volume retail trade. People are likely to stop by to pick up some deserts if the location is at all convenient. The location of the Mill Street Venture building adjacent to the Trueman Center has already resulted in a lot of traffic in the area. In the event this definition is changed, we can expect rental rates in the Mill Street Venture building to increase to the $11 per square foot rate currently charged in the Trueman Center, This is exactly what we are trying to avoid. Although Mr. Sells' request had been for a use that was 95% whclesale and 5% retail, Bill Kane argued that the area was inappropriate to handle the traffic generated by the commercial-retail uses. ~. ~,.e Since the adoption of the restrictive definition for commercial bakeries, other applications for retail. dispensing of baked goods in the S/C/I zone have been administratively denied. Tom Dunlop tells me that in October of 1977 a company called Matilda's Hot Bread Company of Georgia requested permission. to manufacture bread products in the S/C/I zone and to sell those products on premises. The building inspector denied them a business license under those conditions. Subsequently, the owners of the business acquired additional space in the Brand Building in the Commercial Core and planned to do their retailing out of that location. This involved a departure from the guidelines of their franchise in that bread products could not be transferred from the S/C/I zone to the Brand Building without first being placed in plastic bags. So; this company required space in two locations as a result of the administration of the zone by the building inspector. The P and Z recently turned down a request to permit a limited food service/ coffee shop in the S/C/I zone on the grounds that i-t would foster erosion of the zone. They were concerned that use of this coffee shop could not realistically be limited to the employees who worked on premises but would result, once again,. in increasing traffic into the zone. As you know, the scope of the S/C/I zone in terms of total land area is very confined. There is a pocket of S/C/I zoning behind the Concept 600 building and the only other locations are the Andrews property at the base of Mill Street and then across from the Andrews property in the location of the Aspen Metro Sanitation District plant and the Mill Street Venture. The S/C/I zone was originally conceived to be a larger zone than it is today. The City has already appropriated the Rio Grande property for other purposes and has acquired the Aspen One property which further reduces the availability of industrial sites. The Aspen One acquisition already has the Planning Office searching for a replacement site for the lumberyard. The end result will most likely be the rezoning of additional County land to I (Industrial). If the S/C/I zone is allowed to be continually eroded, we will expect that this Council will, in the next few years, be faced with the. necessity of rezoning additional land to S/C/I. We feel it makes more sense to maintain the zone district boundaries as they stand today than to give in to the pressure to upgrade. The proposed new definition now comes to Council for second and final reading. We recommend that Council not adopt the new definition. The current prohibition on over-the-counter baked goods sales is appropriate, whether the baked goods are the individual cheese Banish or the whole chocolate rum tort, as offered by Le Cuisinier. It is the intrusion of this type of retail activity which will deteriorate the S/C/I and outcompete the uncompetitive service commercial -- and industrial uses. Le Cuisinier is permitted in the S/C/I today; in fact, they have secured all building permits and business license approvals, provided they comply with the current definition. Their retail end should be conducted in those zones where it is currently allowed (Commercial Core and Neighborhood Commercial) as. they were advised when they first applied fora business license. There is a new bakery going into the Trueman Center so the public's demand for baked goods in that area will be satisfied. We suggest that if Le Cuisinier feels that they need and must have a commercial outlet, they go into one of the zones where it is an allowed use and open up a retail outlet in much the same way as Delice Bakery has done. Delice, as you know, conducts its wholesale/manufacturing operation in the Airport Business Center and has its retail outlet in town. The situation works fine for Delice as retail sales are prohibited in the Airport Business Center and manufacture is prohibited in the Commercial Core. The proponents of this code amendment point to retail stores in the zone and suggest that the visible erosion is just cause to encourage further erosion. In actuality, those uses in the zone which currently exist were approved under limited parameters with the understanding that retail sales of over-the-counter goods would be limited to "minor, incidental sales". Clayton did not approve these businesses as retail stores with incidental manufacture and repair but rather the other way around. The boundary line -. ..r -r - .. Y...... .._. .. ~ .~ - .. it. .. . ~' •.. _.... ... _~ ... T'! . ,~. ,~. ~.,,: drawn by the code between retail stores and the wholesale/service/manufacture type business is ambiguous to the point that Clayton feels the code to be unenforceable. The code amendment is at best premature and should be preceded by a careful redefinition of the S/C/I zone. i ~.. _ __-- ~~.~ ~ ~zs-e_ i The following is a list of .permitted uses in the ~~,~~, SCI zone district as defined at section 24-3.3 of the ~~~i~ Municipal Code of the City of Aspen. The SCI zone is intended ('J""~ t "to allow the use of land f.or limited commercial purposes '~~`U`0~n~ and limited industrial purposes, with customary accessory and institutional uses." Permitted uses are defined as ~~' "limitea omm--dal and industrial uses including the following and similar uses:' PERMITTED USES CHARACTERIZATION OF USE vehicle sales equipment rental equipment storage equipment repair gas station auto washing facility e]_ectrical/plumbing service shops commercial bakery shop craft industries builders supply dry cleaning plant and laundry building materials lumber yard manufacture and repair of sporting goods printing and publishing warehousing and storage retail retail retail retail retail retail service/retail retail prohibited retail retail retail retail retail who]esale/retail wholesale/retail retail Permitted uses are limited only to the extent that they may create unusual traffic hazards, noise, dust, fumes, odors, smoke, vapor, vibration, glare, or industrial waste disposal problem. Existing uses in the SCZ zone comply with the intent of the zone definition and in some cases are specifically referred to as permitted uses. Nonspecific permitted uses are generally similar uses and thereby qualify to do business in the SCI zone. The following is a list of existing uses with evaluation as to their degree of conformity as permitted uses: EXISTING USES Tipsy-T's,bar supplies wholesale/retail DEGREE OF CONFORMITY not specific but similar Fresh Squeezed Orange Juice orange juice, wholesale/ retail Specialty Glass, repairs, replacement of glass, retail Quality Auto Parts Y' Olde Washouse laundramat, retail Brown Wolf Commercial Artist, retail Heritage Paints, retail Pegasus Saddlery, retail not specific but similar builders supply or similar similar to vehicle sales/ gas station specific permitted use similar to printing and publishing or shop craft builders supply or similar similar to sporting goods _ .~ _ ,_ ,~ _._. . , EXISTING USES Henry's Electronics, retail Marvin Auto Repair, retail Fox Bronco Auto Repair, retail Aspen Times Printed in Aspen, retail CONCLUSION DEGREE OF CONFORMITY permitted as a service shop with customary accessory retail sales similar to service station similar to service station permitted use as publishing enterprise specifically permitted as a print shop From the foregoing it is clear that the SCI zone was intended to permit retail functions carried on by permitted or similar uses. .The existing uses in the SCI zone comply with the specific language and intent of the zone. The only defined limitation on retail sales in any permitted use is found not in the SCI zone category language, but rather in the definition of commercial bakery at section 24-3.1 (bb). This inconsistency arises from the definition of commercial bakery and has no rational basis as applied in the SCI zone considering the broad range of permitted retail uses and the retail character of all existing uses. LE CUISINIER,. INC. Application for Conditional Use CONDITIONAL USE REQUESTED: Le Cuisinier, Inc. requests that it be permitted to engage in limited retail sales for its products in the Mill Street Venture Building at 465 North Mill Street. ZONE: S/C/I NATURE OF BCTSINESS: Le C~.'isinier, Inc. is a full service catering business providing Aspen with unique concepts in food. Le Cuisineire, Inc. is owned and operated by Tom Gerlak and Dean Small, graduates of the Culinary Institute of America. cir. Gerlak has recently been chef for Nelson Rockefeller at Pocantico Hills, the Rockefeller estate and for Mr. Henry Kissinger. (See exhibits A and B attached). Mr. Small recently worked as a chef at the Windows on the World, Hilton, International, World Trade Center, New York, New York. Prior to that employment, he was the sous chef at the Ute City Banque. Le Cuisinier, Inc, is very proud of its high standards in both food preparation and professionalism. PRODUCT: Le Cuisinier, Inc. desires to offer a full service patissire to the residents of the Snowmass - Aspen area. Presently, such a service is unavailable to the residents of the Roaring Fork Valley. Le Cuisinier, Inc. specializes in gourmet desserts. They are presently the only bakery in the State of Colorado who produced the following baked goods. Amaretto Cheescalce Cappuccino Cheescake Linzer Torte Black Forest Calve Chocolate Almond Mousse Torte Apple Custard Torte Brioche Bread Croissants Presently, the above products, plus all the other numerous items that they produce are available only on a wholesale basis. The following restaurants in the Roaring Fork Valley are supplied or will be supplied this winter with Le Cuisinier's products. Andres' of Aspen Aspen Steak Company Hickory House Little Annies Dunnavant's Ltd. Guidos Swiss Inn Jolly Jester Maurices Shannon's Galley Cheese Company Springs Restaurant The Meadows Restaurant The Araya Courtyard Cafe Country Roads Ltd. Holiday Inn of Aspen Pomegrantate Mt. Sopris Restaurant Copper Kettle Paragon The Skier Chalet The Stonebridge Inn The Refectory DiPiaggio's At the Frying Pe The Tower Restaurant The Restaurant Timbermill Inn Timberline Bar and Restaurt Village Delicatessen of S noemias s Aspen Mine Company Casey's of Aspen Galena Street East Lovinas Sct. Peppers American Cafe Pinocchio's Ute City Banque Bagal Nosh Crystal Palace Golden Horn Sweet Sensations Aspen Bar and Grill Culinary Corner Le Cuisinier, Inc. recognizes that presently they offer a product that is only available to the public who patronize the above listed restaurants and desire to provide the community the opportunity to savor the specially baked items that they produce without having to go out to dinner to enjoy it. Since Le Cuisinier is primarily a wholesale bakery, it will not be selling donuts, cookies and brownies that are traditionally sold by other commercial bakery's in town. Le Cuisinier will be more complimentary to than compe- titive with the existing bakeries in town. Le Cuisinier, Inc. will devote less than 108 of their total leased space to the retail operation (see floor plan attached hereto as Exhibit C). The retail operation shall be limited to a six foot long display case. There will be no seating available as on-site consumption of the bakery goods is not contemplated. The primary business of Le Cuisinier is wholesale and the antici- pated retail operation, as outlined above is ancillary to its primary business. At the present time, Le Cuisinier estimates that less than 108 of their cross income will be generated by the retail sales. APPROPRIATENESS OP LOCATION Le Cuisinier spent considerable time and effort in choosing a leased space for their operation. The Mill Street Venture Building was selected because of the character of the surrounding neighbor- hood. The 400 block of P4i11 Street, upon completion of the True- man Center, will be Aspen's resident's shopping center. There are approximately 20 businesses leasing space in the Mill Street Venture Building. Le Cuisinier's leasehold space is on the upger level of the D1i11 Street Venture Building which has grade access on the southern side. On that level, the following businesses ar.e located: N~~ NATURE or Busuvrss Tipsy~P's bar Supplies Fresh Squeezed Orange orange juice Juice Spec:iaity Glass Ltd, repair replacement of glass Quality Auto Parts auto parts Y'Old Wash house Laundramat Brown and Wolf concrercial artist Studios, Inc. Heritage Paints paints and supplies Pegasus Saddlery saddles, tack, guns and supply shop Henry's Electronics TV and Stereo supplies WHOLESALE/REPAIL wholesale and retail primary wholesale with limited retail retail wholesale and retail retail retail retail retail retail Lower Level - Mill Street Venture I~~ tv7.TURE OF BUSINESS WHOLESALE/RE,TAIL Malvin Enterprises AutcYrotive repair shop retail Fox Bronco Autoirotive repair shop retail Aspen Times Newspaper, publishing office wholesale Printed in Aspen Print shop retail The Diill Street Venture Building Property is adjacent to the Trueman Center which shall contain the following retail businesses upon the completion this winter of the building: bakery drug store super market liquor store interior design shop bank candy shop hardware store appliance store natural food store The businesses in the Mill Street Venture Building, and the remaining businesses located on the 400th block of North Mill Street are primarily a retail operation oriented at the non-tourist cliental. The Conditional Use sought by Le Cuisinier is consistent and com- patible with the surrounding businesses. The Mill Street Venture Building represents the most logical location for an operation of Le Cuisinier's type. This is borne out by the petitions attached as Exhibit C, D and E, which request by the Planning and Zoning Commission approval of Le Cuisinier's conditional use. As stated above, the 400 block of ^1i11 Street is becoming Aspen's local resident's shoppina center. Le Cuisinier's retail operation will cater to the non-tourist cliental. It will not generate any additional traffic demands on the surrounding area since it is contemplated that Le Cuisiner's customer will be one-stop shopping for all his needs at the Trueman Center and P4i11 Street Building. The Mill Street Building presently has approximately. 80 parking spaces with the Trueman property having an equal amount of parking available. The Piill Street Venture building is an extremely appropriate location for the type of operation Le Cuisinier seeks approval for. CONCLUSION Le Cuisinier is extremely proud of the product it produces and would like to make that product available to the community at large. It is a very unique opportunity for a small town like Aspen to have a full service patissire. The nature of the proposed operation to be carried on by Le Cuisinier at the Mill Street Venture is consistent, compatible and logical for the business district emerging in the 400 block of North Mill Street. I;XIIIIIIT "A" GREENROCK CORPORATION POCANTICO HILLS TARRYTOWN, NEW YORK IOS9I August 16, 1978 To Whom It May Concern: ' It is my pleasure to highly recommend Tom Gerlak as a very fine young man who is also a skilled chef and caterer. He first came to us as a substitute in one of our guest houses and then became the permanent chef at i(ykuit, the Governor's residence in Pocantico. Tom earned the respect of everyone in addition to praise for his work. He worked quietly, efficiently and economically in planning menus and purchasing. We regret his departure, however, we wish him great ~~ success in the future. Joseph W. Canzeri President ~ .~ , ~ ', •ti a:; ~, `,~ -~~ ,; ,. ,.~ , '~' ,:,,,,;. '~,~- ,, t: ~ ~< <~ `} {9 ,1. I; '',i. 1, °, !' I, ~ ` , f'*~r, ~ ~~i'i ~~.' t 'r .rIF~$; i 'e .~: ~, ~~~e, r 1 d': ~ f ski .. Hk! , ~~~t~G' rt ~ xx~~~ ~ .,~.~~ ~ Y~ F i ~7 ~~ .~;~•;;9 9 aly~,~, Y3. ..il'1 C ' I'. EXHIBIT "B" HENRY A. KISSINGER February 8, 1978 -1 Dear Mr. Gerlak: I want you to know how pleased Mrs. Kissinger and I always were when you cooked for us. Even though you often made it difficult for me to remember I was on a diet, I would not hesitate to recommend you to someone who was looking for an excellent chef. You took good care of us, and we greatly appre- ciated it. Best regards, ~~ ~. .. Henry A. Kissinger Mr. Tom Gerlak 25 Stanford Avenue Colonia, New Jersey 07067 ,~ t. ~ypyj. `o \~ V . t 1 v) J \ ,\~ vl ~. ~ \I y C ~~ J o ~~ EXHIBIT "C" cV CS' _.... N ~~ ~C - ~, r ~~ a ~-~~ J ... ~ .. .,. _. ,_-.. .._-i--- ~- ~ ~ -, ~ ' y f J., v ) \~ ~~ O - EXHIBIT "D" PETITION The Undersigned being the owners, managers or employees of the businesses located on the 400 block of Mill Street hereby request the Planning and Zoning Commission to approve Le Cuisiniere's application for limited retail operation to be carried on in the Mill Street Building located at 465 N. Mill St., Space 19 as such use. is consistent with the objectives and purposes of the S/C/T zone, is compatible with the other businesses in the surrounding area and the location in question represents the most logical, efficient, and convenient location for the nature of the service and product offered by Le Cuisinere, Inc. Name ~~~ .' // ^4~ ~ ~~ ~~ ,~ /f~~ 7~ ,~~ °~° ~~~~ f ~:/~~GG Address Business ,.f~~dL/.7G~y ~L/~rS y6sN. ~,u .rr.~ 5.:.,~' i3 f ~J 73J,z ~~<o:ifs"5 yG s ti. ~~~~ ,,~w~ tE ,.3 ~~s N ~~Q 4 ,, /~(SS ~V. {y'i/~ f v~7r / 3 .~ ,. ~C L~_ ~5/fc'~Nc7Y ~~rsS r~ ri Q~ llu~ ~~ ~, ~Gr~~~ ~~ ~ ~ s 7Z ~ ~Cc ~ CC .S~' L~C G~-~~Cc Gt~C-~l~:q. i ~J J / ~ . /~ -c G ~ ~ y '~~~~ t~z y ~, ~ ~, N 1 Ll Jiti~'c-', H/_e=n/R~ rf C`Le=ci2oNiC Cline; ~~ ~ w- ~6J /~0. nJ~L~ M .. /•'d2Tl n1 Cn~T'~tivr~r6s ~~.• ~1b5 N• Mr ~ ~ M /i~T";tir CN~P~PR/Sc$ n X16 ~ ,~~ ; ~;,~~ ; ~s~.,. /~~~~/' / 11..E//~'~Cll' t/`'_" ~~~ ~ ~ /~ ~ : ~/~,~~ c1~15~~r 1 /,) /m// •~GG rf'~~'T~` /~ ~~ n %~,~'jT~~~ y~s,~ ~~~~~~ .~ iLtY+V G~ ~~ s ,/~}S~ /~iE'//V~/~l /. ' EXHIBIT "E" PETTTION The Undersigned being the Owner and Tenants of the Mill Street Building located at 465 N. Mill hereby request the Planning and Zoning Commission to approve Le Cuisiniere's application for limited retail operation as such use is compatible with the other uses in the building; is consistent with the objectives and purposes of the S/C/I zone and the Mill Street Building hereby represents the most logical, efficient and convenient location for the nature of service and products offered by La Cuisiniere. Name ~~~ /~ -- , ~.. C ~~~~~~r~ ~~ ~ ~~ ,~- ,~ J~- Address %~~• ,(j~X ~ 3 Yes ~- ~~~ h~' -~u~-~ i.3 ~S ~- ~~ Business ~~rr~~ ~S~Gi~L7Y C~.IYS ~~-~~~..~~iy ~-`.tss ,, w ~~~ .~ ,~~~~ ~~i ~~ .~~~ ~. . 1--C ~ ~ ~~':' J~ ~~ C ~ ~- n 1 ~cvvl~~,-u~ Gc.~~4~ «~~1 G--/~Ss ~l~~J yy~i~.l ~T ~i~ ~ ~z ~~~~~ s~ ~ .~ ~e.~e ~a / V ~' ~ y,?,,~,Ti,v ~,~/TCtiO/~~SCS x}65 ~~. M,~~ L~(-i- ti- Nt:(~ MN2riwi EN7a-.'rn/SC-S /' N 1..y (~as~ ... EXHIBIT "F" PETITION The undersigned being residents of the City of Aspen hereby request the Planning and Zoning Commission to approve Le Cuisiniere's application for limited retail operation to be carried on at the Mill Street Building, 465 N. Mill St., Space 19, as such use is consistent and compatible with the other uses in the surrounding area and the location in question represents the most logical, efficient and convenient location for the nature of the service and ~reduct offered by Le Cuisiniere, Inc. Name ~ /~ Q a ///` ~.CCK L~'r~ ~~~5~~7~-~~ ~'~a^l% ~- '' ~'~ `r~ ,i~~e ~~~ ;Y ` ,~ , l~ ~, l .c.~ce-~-~ ~~,~ / ~~ ~~- ~. ~> ~ ~ .~~~ ~~ ~/~ Lv~1 ~, V ~~ I I~ ~n , ~.s~~`Nl~~~o~.~ ., Address ~~ SI/~/~~~~"J~t~~ ~~C~~ ~, ~i ,, ~~ c~ ~-~~, ~ ~.~e~~t~ ~~~~ ~~ ~Q i S //- ` '` ~~ S ~} ~~~~'~~ ~J ~L~-~~ J~ ~/ r._~ X65 N, M,~.c V v 5" 6v 6 y Lc.,~~ ,~ '~ t L' ~. / / 1~~~ 1~~~ ~~~ G C ~~~. ~~ cw~-e ~~~~ ~il~i ,~ e ,~ ` ~ ~ `~'~'~~ ~~ ~~~~+ M y /~ 7~ it k nr TEK'~° •~ / S G S ,, ~ ~~1 ~_ U~J G2ti ~~CGUC~i~T2 Gl~~~ ~,~~ ~a ~ ~~ ~-~ ~,~ ~ l~ ~.~ ~ ~~ ~ ~~ ~ ~ ~- ,~ ~ ; ~ r ~~---.~~~ ~ (,/ T(.(-C(/C ~F.LU~- Tl ~~L ~ ~ ``~'~r,~ef~,c~~,~> G/T~ic~ ,~~' "' j 6 Ct~( G' i~ ~ ~~ ~- `~LCcb~~ ~~- - ~~'1', ~ ~~C ~'~~~_ ® YL6 f 7~~~j `fir -l ~ e (~~G~U~~~C ~ ~-u~,.Q~.~.ci-~~s--_ . l~Q-~ ~ ~~ 1 C~2~ ~c~ ~ t~t.2~ 0~ Cr~?rt~~CQ/~~c~~/ ~2L~~-~~Tt r a'~ ~~~.c/'[Fh~ c ~C.L Zl~k y~~ ~~ ~ ~~~~ ~, ~,L~j-~ 61R-.5`~ C°n c~e~-tl/'i 52 ~~~~(AIJJ`e-l ~ '~~~~ ,f ~. ~iLiC rl~ ~1P-(,r~Jd~a-uf A~~ U Z_ ~ce,i22tC-~ Cc,r.~ ~~k'~~ticE~-Zc- c~l~ ~i ~i~~ U ~~- I N i ~J ~~~a~ ~ ~/ F~-u~~,t / ~~~`~` ~ ~_ ~ . ~ ~~ ~~GZCL ~-Cup.>G~ C~/~2,~u - ~~~~- ~ ~ iS /~~~ feu. ~2<-~.P/ZQ,~~-° ~ ~ ,mod ; ~ ~ ,I o ~ ~'"~~~ ,, ~~~ l~ ~,~ y^pyt,~.~,~~ ~.~ ~.~.~C,u,~- Gc~'-ltio ~ r ~~I ~~~~~~ r~~-o C~' ,~,a ~,~ ~-~~~ ~ ~-~- a~Q- ,l(. ~,~u-• ~-l- /~fit~,~-~c.-~,~.c.d_- ~r~e-pit, i,<-~~ Z_ ~~v ca'r` ~,~-a-~,v~-~i _ ~~~,g Zti~ ~'~e- ~ ~rru- lJz~~ ~j~~C -- ~ ~"~~ ~~2~ ~ ~~ ~~ ~~i ,'-. ~.v - au~l ~'uepunoq ayl •puno,ae ~'eM aayyo ayy uayye.a ynq ,aleda~a pue a,anyoe}nuew le~uaploul yy~M sa.aoys l~eya.a se sass aulsnq asayy ano,adde you pip uoy~tel~ •„sales leyuaploui `.aou~w„ oy pa~Iwll aq plnoM spoo6 ,aayunoo-ayy-aano }o sales lieya.a yeyy 6u~pueys,aapun ayy yy~M s,aayawe.aed pa~Iwll .aapun pano.adde araM ysixa Flyuauuno yolyM auoz ayy ui sasn asoyy °~'yllenyoe uI •uo~so,aa .aayyun} a6eunooua oy asneo ysnC si uolso.aa alglsin ay} yeyy ysa66ns pue auoz ay; uI sauoys l~eyaa oy yu~od yuawpuawe apoo s~yy }o syuauodo.ad ayj •a,ao~ le~o.aawwo~ ayy ul paylglyoad sI a,anyoe}nuew pue .aayua~ ssaulsn8 y,aod,aiy ayy ui pay~q~yo.ad a.ae sales l~eyau se aollap .ao} aui; s~.aoM uo~yeny~s ayl •uMOy ui yalyno l~eya.a syi sey pue uayua~ ssaulsnq yuod.a~y ayy uI uo~ye.aado 6u~,any~e}nuew/alesaloyM sy~ syonpuo~ `MOUE nod' se `aallaQ •auop sey ~'ua~e8 aoilap se ~'eM awes ayy yonw u~ yalyno lieya.a a do uado pue asn paMOlle ue sI y~ a.aayM sauoz ayy ;o auo oyu~ 06 ~fayy `yalyno le~o.aawwoo a aney ysnw pue paau 'ayy yeyy slaa; ,~alulsln~ aq dI yeyy ysa66ns aM •pai;sues aq IIFM eaue yeyy uI spoo6 pa~eq .ao} puewap s,allgnd ayy os ,aayua~ uewan,al ayy oyu~ 6uIo6 ~'.aa~eq Mau e sI auayl •asuaoll ssaulsnq a .ao} palldde ys.ai} Fayy uayM pasinpe auaM ayy se (le~o,aawwoQ pooyuogy6~aN pue a,ao~ le~o,aawwoQ) paMOlle ~Clyua.a,ano si y~ a.aayM sauoz asoyy u~ payonpuoo aq plnoys pua l~eyau .alayl •uoi~lul}ap yuau.ano ayy yyiM Fldwoa ,fayy paplnoad `sleno,adde asuaoll ssaulsnq pue syiw,aad 6uipllnq lle pa,anoas aney 'ayy `yoe} ui 9~'epoy I/~/S ayy uI payy~w.aad sl aalulsln~ aq •sasn leLa~snpul pue lei~.aawwoo a~in,aas aniy~yadwooun ayy ayadwooyno pue I/~/S ayy ayeao~,aayap LLFM yoiyM I~yLALyJE l~eya.a }o ad~'y sly; ;o uo~snuyu~ ayy sI yI •.~aluisln~ aq ~'q paaa}}o se `y.aoy wn.a ayelo~oyo aloyM ayy .ao ysluep asaayo lenplnipul ayy a,ae spoo6 pa~eq ayy uayyayM `aye wdoudde sI sales spoo6 pa~eq ,aa;unoo-ayy-aano uo uo~yigiyo.ad yuau.ano ayl •uol~Iul}ap Mau ayy ydope you llouno~ yeyy puawuooau aM •6ulpeaa leul} pue puooas ,ao; liouno~ oy sawoo Mou uoiylul}ap Mau pasodo,ad ayl •apea6dn oy aunssa.ad ayy oy u~ an l6 oy ueyy ~'epoy pueys 'ayy se salaepunoq yolaystp auoz ayy ULeyULEW oy asuas auow sa~ew yI laa} aM •I/~/S oy puel leuotytppe 6uiuoza,a ;o ~'ylssaoau ayy yylM paoe; aq `suea,C Ma} yxau ayy uI `IIIM liouno~ slyy yeyy yoadxa IIIM aM `papo.aa ~llenulyuoo aq oy paMOlle sI auoz I/~/S ayy }I •(lel,aysnpul) I oy puel ~'yunoQ leuolylppe }0 6uluoza.a ayy aq ~la~lll ysow IIIM ylnsaa pua ayl 'p.ae~'.aagwnl ayy .ao} ayts yuawaoeldaa a uo} 6utyoueas aol;}p 6uluueld ayy sey ~Cpea.ale uolylslnboe aup uadsy ayl •salls lel,aysnpul }o ICyLltgelLLAe ayy saonpaa ,aayyun; yolyM ~'y,aado.ad aup uadsy ayy paalnboe sey pue sasod.and ,aayyo uo; ~'y,aadoud apue,ag ota ayy payel,adoudde Fpeaule sey ~'yI~ ayl •~'epoy sI yI ueyy auoz ,aa6uel a aq oy panla~uoo ~'lleul6l.ao seM auoz I/~/S ayl 'a.anyua~ yaa.ayS IIIW ayy Pue yueld yJL.AySLQ UOLyeyLUes ouyaW uadsy ayy ;o uolyeool ayy uI ~'yuadoud sMaupuy ayy wo.a} SSO,a~e ueyy pue yaa,ayS LLIW do aseq ayy ye ~Cyuadoad sMa,apuy ayy aue SUOLyE~OI aayyo ~'luo ayy pue 6ulpllnq ppg ydaouo~ ayy pulyaq 6uluoz I/~/S }o ya~eod a sI a,aayl •paul}uoa ~'.aan sI ea.ae puel leyoy ;o sw.aay uI auoz I/~/S ayy }o adoos ayy `MOUE nod' sy •auoz ayy oyul aI}}e.ay 6ulsea.a~ul uI `ule6e aouo `ylnsau plnoM ynq saslwa,ad uo pa~uoM oyM saa~'oldwa ayy oy paylwtl aq ~'lLealysllea,a you plnoo dogs as;;oo slyy ;o asn yeyy pauaaouoo a.aaM ~'ayl •auoz ayy }o uolso.aa aayso; plnoM yI yeyy spunou6 ayy uo auoz I/~/S ayy uI dot's as;}oo /a~In.aas poo} paylwll a ylwuad oy ysanbau a uMOp pau,any ~'lyuaoa.a Z pue d ayl •.aoyoadsul 6ulpllnq ayy ~'q auoz ayy }o uolyeuyslulwpe ayy ;o ylnsa,a a se SUOLyeJOI oMy uI aoeds pa,alnbau ~'uedwoo slyy `oS •s6eq olyseld uI paoeld 6ulaq ys.al3 ynoyylM 6ulplln9 pue.a8 ayy oy auoz I/~/S ayy wor} pa.a.aa}sue.ay aq you plnoo syonpo.ad peaaq yeyy uI aslyoue,a; ,alayy }o saullapln6 ayy wo.a; auny.aedap a panlonul sLyj •UOLye~Ol yeyy }o yno 6ullleyau ,alayy op oy pauueld pue auoz lel~.aawwoQ ayy uI 6ulplln8 pue,ag ayy uI aoeds leuolylppe pa.alnb~e ssaulsnq ayy ;o s.aauMO ayy `,ClyuanbasgnS •suolylpuoo asoyy .aapun asuaoll ssaulsnq a wavy paluap .aoyoadsul 6ulpllnq ayl •saslwaud uo syonpo.ad asoyy llas oy pue auoz I/~/S ayy uI syonpo,ad peaaq aunyoe}nuew oy uolsslwuad paysanba.a el6,aoa~ ;o ~'uedwo~ peau8 yoH s,epllyeW palleo ~'uedwoo a LL6l }o .aagoyop uI yeyy aw sllay dolunp wol •paluap ~'lanlyeuyslulwpe uaaq aney auoz I/~/S ayy uI spoo6 pa~eq }0 6ulsuadstp lleya,a uo} SUOLyEJlldde .aayyo 'sal.aa~eq lelo.aawwo~ uo; uolylul;ap anlyol.aysa.a ayy ;o not;dope ayy aoulS MEMORANDUM ~ ~. , 1_--~,,t ~°° -+-~ _~ .~; •C T0: Aspen City Council r~ -;-~,, ~ti<~i, f FROM: Richard Grice and Karen Smith, Planning Office (y~;~_=j RE: Definition of Commercial Bakery { ~ ,,t ~( vt~l,~t,t +~ ,kt.~ ~C~ u DATE: January 4, 1978 ~ ~ ~L The presence of the high volume and high traffic Trueman Center adjacent to the S/C/I zone has resulted in a dramatic increase in the pressure for "up-grading" in the S/C/I zone district. Requests abound for quasi service/commercial uses because it is apparent that the lower Mill Street area will soon emerge as a high traffic area and therefore an attractive one for retail operation. The S/C/I zone was created as a haven for those uses which do not require high traffic for survival. The low rents which have historically been charged in the Mill Street Venture building ($7.50 per square foot) are a function of the same low traffic. Annual rental rents per square foot in the Commercial Core are commonly in the $18 to $20 range. The pressure which is being imposed upon the S/C/I zone is a very natural trend in the free market, known as the pressure to up-grade toward the "highest and best use". In a town such as Aspen with a growth rate of 1.5% surrounded by a County zoned agriculture-forestry with large lot zoning, it is absolutely imperative that we maintain our zoning code and its zone district boundaries. If we do not maintain our zone boundaries with a clear set of standards, we can expect the less competitive service/ commercial/industrial uses which are the backbone of the community to be pushed out of town by spiraling rents. This trend towards "highest and best use" needs to be recognized as a growth pressure. The Growth Management Plan has as one of its goals, balance between new businesses, population, housing, community facilities, and skiing. If, in the administrative process, we were to eliminate any major segment of our economy, then our balanced population would not have its balanced demands satisfied. In the Growth Management Policy Plan on page 46, the City recognized that allowing unlimited commercial activity was inconsistent with the goal to preserve the 3.47% County-wide growth rate. Therefore, the goal of limiting commercial expansion to 24,384 square feet was limited to two districts (CC and C-1). If this code amendment is approved, it will represent an expansion of commercial space not controlled by the GMP and another step in the trend toward the elimination of Service/Commercial/Industrial uses. In a community without growth controls the up-grading trend toward "highest and best use" results in the constant expansion of those cities in circles outward. In an attempt to get away from high traffic areas the service/commercial/industrial type uses move to the fringe of the city. That is not an option these uses have in Aspen. If the area in which they are located up-grades, their only choice is to cease to exist. In order to avoid a backlash which would be o devastating to growth management and to those quality of life-style goals which ~ were identified by this community years ago, we need to be extremely careful to make our zoning work. A population with unsatisfied demands is an extreme growth pressure. The definition of Commercial Bakery as it exists in the Aspen Municipal Code today, makes a careful distinction of the perameters of commercial bakeries. The distinction of course prohibits retail dispensing of baked goods. It was initiated through a special code amendment in November, 1975, permitting only non-retail commercial bakeries in the S/C/I zone district. The amendment was prompted by a request by George Sells to locate a commercial bakery in the building adjacent to the Rio Grande property. The consensus of P and Z opinion was that this use was appropriate and consistent with other uses if it was non-retail and that the code should be amended to permit it. T';e particular condition prohibiting retail sales is more logical for commercial bakery uses in that bakeries are more easily converted to high volume retail trade. People are likely to stop by to pick up some deserts if the location is at all convenient. The location of the Mill Street Venture building adjacent to the Trueman Center has already resulted in a lot of traffic in the area. In the event this definition is changed, we can expect rental rates in the Mill Street Venture building to increase to the $11 per square foot rate currently charged in the Trueman Center. This is exactly what we are trying to avoid. Although Mr. Sells' request had been for a use that was 95% wholesale and 5% retail, Bill Kane argued that the area was inappropriate to handle the traffic generated by the commercial-retail uses. _. - -- - . __. - -• -- 'R- 6 I a~- ~ L N T t p t~l L...~~~\~lu b ~i.Y1M\ I li(,~ ~l~~NQ \~S'f . ~~ C.t.~S~o\.v\~Yty ~CcLSSOYy V~Sf-i. aCCiSS(~Yy 'i3V~\1,h\N fir C~Nt~ SGathZ G-\S fZ-(~ lN't'LNt\ON ; ~l.~ ttyL O"'f~s..Y cOrn'Pp~\~~E ~St.S c v.S-t o tn.ca r ~~ 5 ~ov.xv d \ tv pvu •c t~vr:~~ tc~ ~1-\ os~, visas ~t~rtrr.\1t~G1 \ Ncat,.c\LC~ ~\ S '~.O 1V ~ \t\ ONC~~ 1-~SfS. C ~N~EN~tON 1~t~\r.ti: Cvg~\or~.~rly O..C~fSSOYI.+, \~3~.5 I' v 'L h1 ~ c~ti1 C ~ -C~ s11 b N~.S \ N L SS Ci N G51 STc-SZY\iE. C~P YWtAI~r t N ~~\S C2.{~CYOI C-{o~~tZ~ o ~ ~!Y 1M\ t~LG~ = f.~ \ N t, tit c\~5 1 ~,t-i> Sob pr:tv~~i`v5 `hop. C 5~ S ~ v. c1 ~~ u '~O Y- ~ 1~, L I tV S"l r \~cT •t ~ tV O~ ~~'~,. C-. Y~ 9 . ,P\~LN~C\QN: <N\ \~ Cil\ t.. NC1Caty~ raSfc-aY'C~. s c~ i ~N'1' ~.IY 11oN t' ZMOY t ~i Wo~C~ ,~m-~~~ Ih CoN~b.Nl.~\OI~ w\~~ col`\\v\c\Z~\a.l vs~sf pkrpOSLS. dLl:.t~ 1 N 5~i~ ln"~~\O N Al V.S~S , RtMOV L Eie~~A<L K} W\'\\, ~L~rLNCE'Td `cLS~\C~LNT~A-~, PL`cvr~T~Ctt~ v.S4.S: QtMOYt 'thZ, WORp \IM~'Ist~ ~roM COYY\'~'~\L1idC.\ ~ ~ Al ~ \ X ~ Tai` ~jQt~nL ~ O ~NC~\r.S~Y\C-~, . C14.~\h~L '} ^Z w0~~~ ~.C.\v~-p - -c'Lti\'tC~~ 'S~ORaGL AtVD ~t cal r\ Co~T \~-V AN\~ ~L ~Ca~Y' Q'~ ~v.:~a\ i.y~ ~o~ tv~ta~s ca \v \~ CO\v1\7 ONE n\iC~ ~ drawn by the code between retail stores and the wholesale/service/manufacture type business is ambiguous to the point that Clayton feels the code to be unenforceable. The code amendment is at best premature and should be preceded by a careful redefinition of the S/C/I zone. ..- ,,,~ ~~~ ~ ~\ . ,. ,~: a~ -~+~ ~_ ~\ i ~~ry ; s, a ~' ~` ~„ ~~ .d CITY F ASI'I~JN 130 south galena street aspen, Colorado 81611 MEMORANDUM T0: Aspen City Council ~ Sp Cat G11 FROM: Clayton Meyring, Building Department RE: Uses presently in operation in the Mill Street Venture Building DATE: January 5, 1979 The following uses are in existence in the Mill Street Venture Building at 465 North Mill Street showing how they were permitted and business license that were issued. Unit 111 - Martin Enterprise - Business license listed as service auto repair specifically permitted as auto repair S/C/I district. Unit 112 - No Name Auto Repair - Finance could not find business license - specifically permitted as auto repair S/C/I district Unit 113 - Fox Bronco Auto Repair - Finance could not find business license - specifically permitted as auto repair S/C/I district Unit 114) Unit 115) not occupied Unit 116) Unit 117 & 118 - Aspen Times - Business license listed as newspaper - specifically permitted as printing and publishing plant. Unit 119 & 1110 - Aspen Printing - no staff approval - business license listed as commercial printing, cards, stationery, posters - specifically permitted as printing and publishing plant. Unit 1111 - Tipsy T's (permitted) - business license listed bar supply wholesale - not specifically permitted but similar to intent of S/C/I Unit 1112 - Le Cusinier Caterers - business license listed as wholesale desserts and private catering - specifically permitted as commercial bakery. Unit 1113 - Specialty Glass - business license listed as commercial glazing - specifically permitted as builders supply. ?` i h ~ ~ ~ . . - I ~ ~ 1 I i ~ ~ - ~ !I . . / ... .•~,, y. .. r c Jm:jIO •aTgeaozo;uaun azE sasn ag3 ;o amos 3Eg3 uo?u?do .Cm sF 3T `3oE; 3Eg3 ;o asnEaag •3o?z3s?p T~O~g aq3 30 3ua3u? aq3 sF sE aTESaTogM uEg3 pa3ua?zo T?E3az atom o3 paBuEgo sEg zaloEZEga agy •panozddE uaaq anEg Sou pjnoM 6Epo3 s3s?xa 3F sE asn aq3 3Eg3 3uFod aq3 03 za3oEZEga u? paHuEga anEg puE TEnozddE TE23?uF 8u?nF3 u? zeaia 3Eg3 Sou azE sasn zag30 •panozddE sEM sE ~CEpo3 3s?xa ,Cag3 puE pa33?mzad s? 3EgM u? zaaTo ~fzan azE sasn aq3 ;o amos •BuFaq o3uF amEa 3u?pTFng azn3uan 3aaz3S TT?Y~I aq3 u? sasn ag3 ;o lzo3s?g aq3 Mog sa3ETaz anogE aqy •o?pn3s u8?sap oFgdezB e sE `LL6T `OZ zagmaaaQ pans? 3Fmzad - so?pn3s 3ToM uMOZg - LT/k 3?uII •3EmozpunET pa3EZado-u?oo E aq pTnoM 3? 3Eg3 Su?z?TEaz Sou uoF3EZado 6zpunET E sEM s?g3 3Eg3 uo?ssazdmF ag3 g3TM `8L6T `L gozEyy panss? 3?mzad - TT asnogqsEM apTO a~ - 9Tll 3Fut1 '.SzaxEq [ETazalmIIOa E SE `8L6T `£T zago3op panss? 3?mzad - szaza3E0 za?usnQ a7 - ZT~k 3?uR •panss? sEM 3?mzad ~u?pTFnq aq3 amz3 aq3 3E pa3Eazo sEM 3Eg3 uoFssazdm? aq3 puE s3?mzad BuFpTFnq anEq s3?un ~u?MOTTO; aqy •dogs ao?nzas TEa?z3oaTa uE aq o3 panz3suoa aq uEO ssaTun pa33?mzad .CTTEOF;Faads 3oN •ao-cnzas pue saTES oFuoz3oaTa sE pa3s?T asuao?T ssauFsnq _ za3ua0 oFuoz3oaTg 6zuap - OZ~I 3?li[1 •spoo$ ~u?3zods ;o z?Edaz puE 2u?m3aE;nuEm sE pa33?mzad LsF 3Eg3 zana3egM .iz3snpuF 3;EZa-dogs sE pa33?mzad aq ~CEj,~ •ao?nzas puE TFE3az sE pa3sFT asuao?T ssau-csng _ dogs un0 3 ~SzaTppEs snsEBad - 6i11 3dun •.STddns Su?pT?nq sE pa33?mzad .iTTEa?;?Dads •T-0 4 00 uF pa33?mzad azo3s zadsdTTEM puE 3uFEd •saTES TFE3az puE zo3aEZ3uoa sE osjy •azo3s 3uFEd TFE3az sE pa3sFT asuaoFT ssauFsnq - ~uF3EZOaaQ g ~u23uFEd a8E3Fzati - gT~~ 3Fun •3uETd BuFgs?Tgnd puE 8u?3u?zd sE pa33Fmzad .iTTEaF3?Dads - aTESaTogM saFgdEZB '$uFs?3zanpE sE pa3s?T asuaoFT ssau?snq - so-cpn3S 3ToM ~ozE - LT/t 3?uR •auoz I~O~s uF pa33~mza3 Sou uag3 3EmozpunET sE pa3EZado s? ssau?snq ;i •Su?uaaTa 6zp pus .CzpunET sE pa3s?T asuaa?T ssau?snq _ TT asnogqsEM apTp a~ - qT(~ 3?uII •3oFz3s?p ,SuE u? asn sFg3 3Fmzad .STTEO?;?aads Sou saop aouau?pzo BuFuoz - pa33?mzad STTEO?;?Dads 30[1 •3aT3no aTESaTogM 6TFzEm?zd puE T?E3az - STddns-o3nE sE pa3s?T asuao?T ssauFsnq _ •ouI ~CTddns o3ny ~3tjEna - ST/~ 5 hT~~ 3TuR Z aBEd 6L6T `S SzanuEr TFaunoO .t3 F0 03 omayy BRADFORD PUBLI9HIND CO.. DCNVER R E C O R D O F P R O C E E D I N G S ORDINANCE NO. (Series of 1978) AN ORDINANCE AMEP7DING SECTION 24-3.1(bb) OF THE ASPEN MUNICIPAL CODE PROVIDING FOR A NEW DEFINITION OF "COMMERCIAL BAKERY" WHEREAS, the City Council of the City of Aspen desires to amend Section 24-3.1(bb) of the Municipal Code for the benefit of the City of Aspen, :IOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 24-3.1(bb) of the Municipal Code is hereby repealed and reenacted to read as follows: (bb) Commercial bakery: A bakery that is primarily engaged in the wholesale production of baked goods. A commercial bakery may engage in limited retail over-the-counter sales of baked goods provided: (1) That said retail sales are ancillary to the primary activity of the commercial bakery; (2) That all goods sold are baked on the premises; (3) That all goods sold are packaged; and (4) That no on-site consumption of baked goods is permitted. Section 2 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. Section 3 A public hearing on the ordinance shall be held on //// - (N~Ll 197, at 5:00 P."4. in the , City Council Chambers, Aspen City Hall, Aspen, Colorado, M E M O R A N D U M T0: Ron Stock, City Attorney FROM: Richard Grice, Planning Office RE: Previous applications for bakeries in the S/C/I Zone which were denied DATE: January 3, 1978 Ron I have researched the list of applications for bakeries in the S/C/I Zone which were previously denied the right to have a retail outlet on site. Tom Dunlop tells me that in October of '77, a company called Mathilda''s Hot Bread Company of Georgia requested permission to manufacture bread products in the S/C/I Zone and to sell those products on premises. The Building Inspector denied them a business license under those conditions. Subsequently, the owners of the business acquired additional space in the Brand Building in the CC Zone and planned to do their retailing out of that location. This involved a departure from the guidelines of the franchize in that bread pro- ducts could not be transferred from the S/C/I Zone to the Brand Building with- out first being placed in plastic bags. This was a sanitation requirement made by Tom Dunlop. Furthermore, as they were displayed in the Brand Building Tom required that they further be displayed in plastic bags. So, this company required space in two locations as a result of the administration of the zone by the building inspector. The other bakery application which has been seen in recent years came from a Mr. George Sells. Mr. Sells went to the planning and zoning commission and to the City Council requesting that Commercial Bakery be added to the list of permitted uses. Up until that time, bakeries were not an allowed use in the S/C/I Zone at all. Knowing that retailing would be controversial with regard to a bakery, Mr. Sells made this request with the understanding that the bakery would be restricted to 95% wholesale and only 5Y retail. This application resulted in first the addition of commercial bakery as a permitted use in the S/C/I Zone and second in the adoption of a definition of commercial bakery which would prohibits retail. The primary reason for the adoption of the definition of commercial bakery, limited to wholesale only was concern over traffic generation. sr