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Home My WebLink Aboutcoa.lu.cu.601 E Hopkins.A34-97r ., �s,, CASFT ()AD SUMNIARY SHEET - CITY OT' 4 SPEN DATE RECEIVED: 5/2/97 C ASE # A34 -97 DATE COMPLETE: STAFF: Chris Bendon PARCEL ID # 2737- 073 -41 -001 PROJECT NAME: 601 E. Hopkins Conditional Use Application Project Address: 601 E. Hopkins, Aspen APPLICANT: Bass Cahn Properties Address/Phone: P.O. Box 5078 Aspen, Colorado 81612 OWNER: same Address/Phone: REPRESENTATIVE: Colombo International, Inc. Address/Phone: 520 E. Cooper STE. 205 Aspen 925 -7806 RESPONSIBLE PARTY: Applicant Other Name /Address: FEES DUE FEES RECEIVED PLANNING $1080 PLANNING $1080. #APPS RECEIVED 16 ENGINEER $110 ENGINEER $110. #PLATS RECEIVED 16 HOUSING $0 HOUSING $ GIS DISK RECEIVED: ENV HEALTH $155 ENV HEALTH $155. CLERK $ CLERK $ TYPE OF APPLICATION TOTAL $1345. TOTAL RCVD $1345. Staff Approval REFERRALS ❑ City Attorney Q City Engineer (DRC) ❑ Zoning ❑ Housing ,2 Environmental Health ❑ Parks ❑ Aspen Fire Marshal ❑ City Water ❑ City Electric ❑ Clean Air Board ❑ Open Space Board ❑ Other: ❑ CDOT ❑ ACSD ❑ Holy Cross Electric ❑ Rocky Mtn Natural Gas ❑ Aspen School District ❑ Other: DATE REFERRED: INITIALS: DATE DUE: APPROVAL: Ordinance/Resolution #�2 e Date: Staff Approval Date: Plat Recorded: Book Page DATE:, r) * INITIALS: ROUTE TO: RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE FOR A RESTAURANT AND COMMERCIAL USE OF REQUIRED OPEN SPACE AT 601 EAST HOPKINS AVENUE, LOTS A AND B, BLOCK 99, CITY OF ASPEN PARCEL NUMBER 2737- 073 -41 -001, CITY OF ASPEN, COLORADO Resolution 497 - WHEREAS, The Community Development Department received an application from Bass Cahn Properties, owner, for a Conditional Use Review for a Restaurant in Unit 1 and part of Unit 2b, and commercial use of required Open Space at 601 East Hopkins Avenue, more particularly described as Lots A and B of Block 99, City of Aspen, Colorado; and, WHEREAS, Pursuant to Section 26.28.150 of the Aspen Municipal Code, restaurants are a Conditional Use in the Commercial (Cl) Zone District; and WHEREAS, Pursuant to Section 26.60 of the Aspen Municipal Code, conditional uses may be approved by the Planning and Zoning Commission in conformance with the requirements of said Section; and, WHEREAS, Pursuant to Section 26.04.100, required Open Space may be used for commercial restaurant use if the Commission finds it complies with the requirements of said Section; and, WHEREAS, the Housing Office, Aspen Consolidated Sanitation District, Environmental Health, the Engineering Department, and Community Development Department reviewed the proposal and recommended approval with conditions; and, WHEREAS, the public hearing was originally opened June 3, 1997, continued to June 17, 1997, and continued to July 1, 1997; and, WHEREAS, during a public hearing at a regular meeting on July 1, 1997, the Planning and Zoning Commission approved by a 5 -2 vote the Conditional Use for the restaurant and commercial restaurant use of required Open Space with the conditions recommended by the Community Development Department. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Conditional Use for a restaurant and commercial use of required open space at 601 East Hopkins Avenue is approved, with the following conditions: 1. A commercial, locally- oriented restaurant may be operated in Unit 1 and a portion of Unit 2b of 601 East Hopkins. Any expansion of restaurant use, expansion of net leasable square footage, or change to a different use on this parcel is subject to review pursuant to all applicable Municipal Code Sections, as amended. The owner shall operate this conditional use in a manner as to minimize adverse effects including, but not limited to, utilizing, to the extent possible, the alley for service, coordinating, to the extent possible, trash service collection with properties along the alley, maintaining all trash within an enclosed area outside of public rights -of -way, minimizing odors, and maintaining the delivery area and meter reading area free from obstructions, including parked vehicles and snow storage. 2. Before issuance of a building permit, the Zoning Officer shall determine the existing and proposed net leasable square footage for the purpose of establishing the housing mitigation and parking requirements. Additional employees generated shall be determined using the following formula: Existing net leasable x 3.5 employees per 1,000 square feet = Existing employees. Proposed net leasable x 5.25 employees per 1,000 square feet = Proposed employees. Proposed employees - Existing employees = Additional employees to be mitigated. The Housing Authority considers restaurant employees to be Category 2. The applicant shall mitigate for the additional Category 2 employees generated to the satisfaction of the Housing Authority before issuance of a building permit. The Housing Authority shall inspect and approve of any residential unit proposed for deed restricting in relation to this required mitigation. The Housing Authority has expressed the preference for this mitigation to be: (1) on -site; (2) off -site, including the buy -down option; and finally (3) via a cash -in -lieu payment. 3. Upon the complete termination of this conditional use, any deed restriction placed on a property in relation to this conditional use may be removed. Any employee generation mitigated via a payment -in -lieu shall not be refunded. 4. Required open space on the parcel may be used for seating in association with the indoor restaurant. No other commercial use of this space shall occur. The owner shall maintain adequate pedestrian and emergency access ways at all times. All applicable liquor license regulations shall apply to the outdoor seating. Outdoor seating shall be delineated on the site improvement survey. 5. The conditional use requires 1.5 on -site parking spaces per 1,000 square feet of net leasable, any or all of which may be provide through a $15,000 per space payment -in -lieu. For the purpose of providing fractional spaces, the applicant may either provide a full space on -site or pay a corresponding fraction of the payment -in -lieu fee. Before issuance of a building permit, the applicant shall delineate the required on -site parking spaces for units 1 and 2b of the building on the site improvement survey and/or provide documentation of a cash -in -lieu payment for any remaining spaces not provided on -site. For any on -site parking, the applicant shall provide documentation on the right to use such spaces. On- Street parking shall not be considered off - street parking. 6. Before issuance of a building permit the applicant shall obtain a letter of intent from the Aspen Consolidated Sanitation District, the City Electrical Department, and the City Water Department to serve the intended use, and shall pay any connection fees or additional service upgrade charges. i 7. Prior to issuance of a certificate of occupancy, the Aspen Consolidated Sanitation District shall inspect plans for, and installation of, an oil and grease interceptor for the restaurant. 8. Prior to issuance of a building permit, the applicant shall provide a PM mitigation plan offsetting any increase in PM produced by the conditional use. 9. Prior to issuance of a building permit, the applicant shall obtain a permit from the Environmental Health Department for any fireplaces or woodstoves that are proposed. 10. Prior to issuance of a building permit, the applicant shall submit a fugitive dust control plan subject to approval by the Environmental Health Department. 11. Any asbestos abatement measures necessary shall be performed by a certified asbestos removal fine. 12. Prior to issuance of a building permit, the applicant shall submit plans and specifications concerning the restaurant operation subject to approval by the Environmental Health Department. 13. Before issuance of a building permit, the applicant shall record this Planning and Zoning Resolution with the County Clerk and Recorder. 14. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on July 1, 1997. APPROVED AS TO FORM: Ca City Attorney ATTEST: PLANNING AND ZONING COMMISSION: Sara Garton, Chair � O�I- �(.�i.<- cam- -" kie Lothian, Deputy City Clerk D (0o ?A6 o �w c,*vc0a 4' w r—;r gi own 12 7 i 1pt c 9 � NO W� Gds le 4 ,'PAZ, Am (A4 du 4 c4 Wt Wmd ad&w r, - - . off, wwN 4, you ,4me wf{ tt � y 6T6 I?A --6 1 c i AVA- amilck o%awt O� ff Ua Akk f4� ,� we,. 41 �j �, d ' - Kot q Pip`' Ir lam` off( t. � 2. Y eA"-- , L xw�4 -� rte( c 4 Zip Z-4 6 4 m�a& dm�A A `� � �Iu4Y1G!►Y�Y� � �Y1�ir1,Y tiff t74��j r �f� Ise C b�� Wf Nina � / tr Cli (apt �n G1 W 1 a#Y6 \I\ \ #. .- -MG COWLIMSMAI u HOW, I i • , wagim KvUlu Ll 114 ' M • •; iu ., u u •� :ull I lJos'll 1 1111 11 7 - 074 -01- 0071 ............................................................................................... ..............................7 Sara Garton, Chair, opened the Regular Aspen Planning & Zoning meeting at 4:35 with Steve Buettow, Bob Blaich, Roger Hunt, Tim Mooney, Jasmine Tygre, and Dave Johnston present. Marta Chaikovska was excused and Dave Johnston excused himself at 6 p.m. Other Staff in attendance were David Hoefer, Assistant City Attorney, Amy Amidon, Chris Bendon, Mitch Haas, Julie Ann Woods, Community Development Department. Julie Ann Woods commented that GMC could meet on August 26, 1997 (approximate 6 p.m. start time) since Highlands had to appear before County P &Z prior to Growth Management. Woods asked the commission for resumes for the 7/8/97 work session/retreat. Roger Hunt asked the status of the Hospital Medical /Office Building and retail Pharmacy. Woods said that she did not have that update. MOTION: Hunt moved to request that Community Development draft a memo with concerns from Aspen P &Z to County P &Z regarding the status of the Hospital Medical/Office Building and retail Pharmacy. Bob Blaich second. ALL IN FAVOR, APPROVED 7 -0. George Vicenzi, Public, commented as part of the SPA review on the Aspen Meadows Traffic Mitigation Plan, the neighborhood was supposed to have input on what staff decided. He stated the newspapers reported the shuttle will be on 4th Street which was not requested by the neighborhood for this year. Sara Garton questioned the validity of that article. Vicenzi said that staff had not solved the problems or met with them prior to implementing the shuttle. Garton asked if Vicenzi had a copy of resolution 97 -7 which stated the responsible parties. David Hoefer recalled a staff liaison from the City Manager's Office was to work with the neighborhood and he urged Vicenzi to contact the City manager's Office to set up a meeting. (The shuttle actually will run only for special Night Concerts this year per Barbara Umbreit.) Jan Collins, public, wanted to know who was responsible for the shuttle running up and down 4th Street because it connects to nothing. She stated it was designed for failure. She asked who implemented this and why weren't they involved as neighbors. Garton said that RFTA would be the responsible party to contact per the agreements. Collins questioned how they stayed in the loop since the neighborhood was not invited to the group meeting at the parking lot. 919 II► I��.i► / U U_ / ► 1 _ Garton restated that the 1997 plan will consider the shuttle but Vicenzi and Collins should contact RFTA. David Hoefer recommended Vicenzi contact the City Manager's Office to coordinate with the neighbors and RFTA. Bob Blaich asked Vicenzi if there was evidence of shuttles going down he did not but the newspaper article said the shuttles wanted to nip it in the bud. 4th Street. Vicenzi replied would commence and they MOTION: Roger Hunt moved to adopt the minutes of May 20,1997. Bob Blaich second. ALL IN FAVOR, APPROVED 7 -0. CONTINUED PUBLIC HEARING: r1 1' N \_ -A&IM661 MI-► W 1-10 W w5wT190 I /a_ Wom Chris Bendon, staff, explained the property was zoned commercial (C1) which allows restaurants as a conditional use. The applicant, Bass -Cahn Properties, also requested use of open space for restaurant seating. Bendon stated the commission may approve such use of open space if found compatible, or enhanced the area while adequate pedestrian and emergency access is maintained. Bendon noted some of P &Z's prior concerns were the additional employees generated by restaurant use with Housing mitigation required. Bendon stated the net leasable space would be determined at building permit by the zoning officer. He noted the proposed uses would be accessed from the alley with a screen. The other concern was Local Orientation. Bendon said there was local ownership with medium price entrees remaining open during the off - seasons. Jim Colombo, applicant's representative, stated the restaurant has been scaled - down with all customer use restricted to the first level. He said there will be no customer use on the second level with only storage, employee use and minimum kitchen prep. He noted the seating was reduced from 80 to 60 inside, in the bar area 8 seats and outside dining remained at 32 seats. Colombo relayed that access from the alley with a ramp would be maintained for deliveries. Colombo explained the applicant was willing to accept the conditions of approval, except the housing mitigation and parking mitigation are to be determined by the zoning officer (for net leasable) at building permit application. He said there are currently 3 parking spaces and for the 4th space, they will work to mitigate the situation in any way that they can. Sara Garton asked how the employee housing will be mitigated. Colombo answered that they will provide actual housing in one form or another acceptable to the Housing Department and deed restriction. Colombo pointed out there are 6 other restaurants in the C 1 zone district and this fits into the area. He said the duct was moved, and the owner of residential building next door previously owned this building, therefore he should be aware of the conditional uses available. Roger Hunt stated problems with the receiving area not being on the same floor from the access point (the alley). Colombo replied the deliveries would go to the kitchen and in a timely manner to the second floor storage (all done internally). Hunt did not see a solution to this delivery situation without an elevator or dumb waiter and failed to see Local Orientation. He did not agree with the net leasable space. Garton said the code will deal with net leasable. Colombo stated willingness to mitigate net leasable at the time of the zoning officer determination. Garton explained that the menu pricing could not be set. Colombo responded that this was a locally owned and operated restaurant serving lunch throughout the off- season with local hours. He said they will voluntarily have 2 menu items under $7.00 for lunch and under $14.00 for dinner. Colombo said that the restaurant may take two weeks off but they work hard and deserve vacations as does the rest of the community. Bendon noted the county defined local orientated as 44 weeks of the year. Colombo stated they will be open more than that. Blaich asked if BICE was a chain or franchise restaurant. Colombo said the owner /operator lived in town. Alberto Mastranselo, Michelle, owner, said it was a license and he had been with BICE for 8 years. PUBLIC COMMENT: Laurie Winnerman, tenant in building, stated that more restaurants in town would keep prices down. She also favored the fact that more people will visit her retail shop when they dine at this restaurant. I \ ! m illwan Bob Langley, public, said the sales tax receipts over the last half dozen years, reflect restaurant and food sales at the top. He noted with more restaurants the competition increased and Alberto was local. He responded to C 1 zone district concerns of storage on another floor and cited other restaurants with storage on another floor without elevators. Carrie Casey, tenant in building, supported BICE moving into that space. She felt this would be an excellent addition to the restaurant community in Aspen. Hunt stated for the record that deliveries cannot be made form the street and would be a clear zoning violation. He said the major problem was service access. Tim Mooney questioned the interior stairways. He asked if there was a calculation for net leasable on the patio. Bendon replied that net leasable was only interior and outdoor seating was allowed in the open space area. Jasmine Tygre said she was struggling with the Local Serving aspect of this particular use (Restaurant) in the C 1 zone and some of these uses might be more appropriate in the CC zone. She noted the commission heard so many times that big chains were driving out the locally operated businesses. She noted that was theoretically why the C 1 zone was created to give the local businesses a lower rent zone. She noted as much as she liked this restaurant, it was hard to believe that it was truly locally orientated in the way the code specifically defines C 1 use. Tygre thought the other concerns could be mitigated, but did not agree with net leasable square footage as an appropriate way of measuring employee generation. Garton asked if condition # 13 (recording the resolution with the County Clerk) would have the resolution follow the title. Hoefer said that was the intent, to make a new tenant aware of the conditions from this approval. MOTION: Bob Blaich moved to approve the conditional use for a restaurant and commercial use of required open space at 601 East Hopkins Avenue, Lots A and B, City of Aspen Block 99, with the conditions listed 1 -14 in the Staff memorandum dated June 26, 1997. Dave Johnston second. APPROVED 5 -2. (Hunt and Tygre against) There was discussion of follow up in a year on the employee housing mitigation based upon net leasable space. Tygre noted the commission took on the responsibility for the community to take care of additional mitigation (should it be required) if that conditional use has increased. She said these uses do place a I r � PLANNING & ZONLiG COMMISSION 1 U v 1. 1997 burden on the community and the review would be necessary. Sunny Vann said that the code does not address the mechanism for review. PUBLIC HEARING: Sara Garton, Chair, opened the public hearing. David Hoefer, Assistant City Attorney, asked that the proof of notice be delivered to the City Clerk's Office. Amy Amidon, Historic Preservation Officer, explained there were 3 cabins built on this property from 1948 to 1952. She said these structures are not typical for landmark designation but 2 of the 5 standards are met for this designation. The scale is similar to the small Victorians and represent the early ski area housing with log construction. Amidon stated the Neighborhood Character and Community Character have been met for the landmark designation. These cabins are of the "kit" log structures remaining from the 1950's. No public comment. MOTION: Jasmine Tygre moved to forward a recommendation of support for landmark designation of 303 S. Cleveland, finding that standards D and E are met. Roger Hunt second. APPROVED 7 -0. PUBLIC HEARING: Glen Rappaport, applicant, asked if they can create a detached mutli- family zone. district. They would like it tied to a historic resource on the property. Julie Ann Woods explained that staff concerns prompted the worksession tonight. MOTION: Jasmine Tygre moved to continue the Historic Landmark Code Amendment for 303 S. Cleveland to July 15,1997. Roger Hunt second. APPROVED 7 -0. PUBLIC HEARING: f h 1../ PUBLIC NOTICE RE: 601 E HOPKINS CONDITIONAL USE REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 3, 1997 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Bass Cahn Properties requesting conditional use approval for a restaurant. The applicant proposes to use the main level as a restaurant and kitchen facility and the second level as a bar and food preparation area. The property is located at 601 E. Hopkins Avenue, and is described as a Lots A and B, Block 99, City and Townsite of Aspen. For further information, contact Chris Bendon at the Aspen/ Pitkin Community Development Department, 130 S. Galena St., Aspen, CO. (970) 920 -5072. s /Sara Garton. Chair Aspen Planning and Zoning Commission City of Aspen Account Post -it" Fax Note 7671 Date 5, —t pagoes'� Z To J � From FYI Co. /Dept Co. Phone # Phone # Fax # ?" Fax # MEMORANDUM TE[A TO: Aspen Planning and Zoning Commission THRU: Stan Clauson, Community Development Directo4 Julie Ann Woods, Deputy Director / FROM: Christopher Bendon, Planner ' M RE: 601 East Hopkins: Conditional Use for a Restaurant (public hearing, continued from 6.17.97) Commercial Use of Open Space DATE: June 26, 1997 SUMMARY: The applicant, Bass Cahn Properties, is requesting conditional use approval for a restaurant at 601 East Hopkins Avenue. The Property is zoned Commercial (C1) and restaurants are permitted as a conditional use. The applicant is also requesting to use required open space on the parcel for restaurant seating. The Commission may approve such use of Open Space if the use is found to be compatible or an enhancement of the area while maintaining adequate pedestrian and emergency access. At the request of the Planning and Zoning Commission and the applicant, Staff has researched similar Conditional Use cases in reference to the housing mitigation. Staff has determined that there are significant precedents that require the mitigation of additional employees generated by a conditional use, even when there is no increase in net leasable space. The Housing Authority has recommended that the applicant be required to mitigate for the additional employees generated at a level no higher than Category 2. Because the existing and proposed net leasable number are not certain at this point, Housing has recommended a calculation to be used for the determination of employee mitigation. Housing has also stated any deed restriction placed on a residential unit for the purposes of mitigating this use may be removed upon the termination of the use. Staff recommends approval of the conditional use and the commercial use of required open space, with conditions. APPLICANT: Bass Cahn Properties, represented by Jim Colombo, Colombo International. According to Pitkin County Title, Inc., Bass Cahn has held title to this property since September of 1994. LOCATION: 601 East Hopkins Avenue, currently occupied by Slifer Designs (red awning). ZONING: Commercial (C1). The purpose of the Commercial (Cl) zone district is to provide for the establishment of commercial uses which are not primarily oriented toward serving the tourist population. A restaurant is a conditional use in this Zone District. LOT SIZE AND LOT AREA: 6,000 square feet, not reduced for purposes of calculating FAR. NET LEASABLE: The applicant has represented 3,094 square feet of existing net leasable. The applicant is proposing approximately 2,177 square feet net leasable space for the restaurant. Staff has not confirmed the validity of these calculations. CURRENT LAND USE: Commercial. Retail showroom for home furnishings and office space in Unit 1 and 2b. There is a small storage shed along the alley for which no changes are proposed. PROPOSED LAND USE: Commercial. Restaurant and associated accessory uses in units 1 and approximately half of 2b. The applicant has represented that this restaurant will be locally serving to meet the requirements of the C 1 zone district. PREVIOUS COMMISSION ACTION: The Commission considered this application on June 3, 1997, continued the public hearing to June 17, 1997, and then continued to July 1, 1997. The Commission requested Staff research previous conditional use cases in relation to criteria E "applicant commits to supply affordable housing to meet the increase in employees generated." Staff has responded to this request in Staff Comments. REVIEW PROCEDURE: Conditional uses may be approved, approved with conditions, or denied by the Planning and Zoning Commission at a public hearing. Notice for the public hearing must be posted on the property and mailed to surrounding landowners. 2 Required open space may be used for commercial restaurant use if the Commission determines that such use is compatible with or enhances the purpose of the open space requirements and that adequate pedestrian and emergency vehicle access will be maintained. BACKGROUND: The current and proposed uses are both commercial. Under growth management, the application is not technically a change in use and is not an expansion of net leasable square footage. Therefore, the application requires no growth management allotment, exemption, or further employee mitigation under the change in use provision of growth management. A restaurant in this zone district, however, is a conditional use. Conditional use criteria E states the applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. With this language, the Commission has consistently required applicants to mitigate for additional employees if the conditional use employs more than the previous use. The net leasable numbers have been provided by the applicant and have not been confirmed by the Zoning Officer. Because these numbers influence the housing mitigation required for the conditional use, the Commission should condition any approval of the housing mitigation required on the findings of the Zoning Officer. The purpose of this zone district is to provide for the establishment of commercial uses which are not primarily oriented towards serving the tourist population. In other words, commercial uses in this zone district should be oriented towards locals. The Commission should consider how, operationally, a restaurant serves the local population. FINANCIAL IMPLICATIONS: There are no discernible public costs associated with this proposal. STAFF COMMENTS: Review Criteria and Staff Findings have been included as Exhibit "A." Agency referral comments have been included as Exhibit `B." The application has been included as Exhibit "C." Revisions to the original application have been included as Exhibit "D." The applicant's revision cover letter states the interior seating has been reduced to 54 seats. Staff counts 60 table seats, 8 additional bar seats. Staff counts 32 seats outside. In the June 3 hearing, the Commission requested Staff to further research conditional uses and the application of criteria E, "the applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. " Staff has summarized conditional use precedents with emphasis on the Commission's findings on employee mitigation. This summary is attached to the end of Staff Comments. RECOMMENDATION: Staff recommends approval of the conditional use for a restaurant and commercial use of required open space at 601 East Hopkins Avenue, with the following conditions: A commercial, locally- oriented restaurant may be operated in Unit 1 and a portion of Unit 2b of 601 East Hopkins. Any expansion of restaurant use, expansion of net leasable square footage, or change to a different use on this parcel is subject to review pursuant to all applicable Municipal Code Sections, as amended. The owner shall operate this conditional use in a manner as to minimize adverse effects including, but not limited to, utilizing, to the extent possible, the alley for service, coordinating, to the extent possible, trash service collection with properties along the alley, maintaining all trash within an enclosed area outside of public rights -of -way, minimizing odors, and maintaining the delivery area and meter reading area free from obstructions, including parked vehicles and snow storage. 2. Before issuance of a building permit, the Zoning Officer shall determine the existing and proposed net leasable square footage for the purpose of establishing the housing mitigation and parking requirements. Additional employees generated shall be determined using the following formula: Existing net leasable x 3.5 employees per 1,000 square feet = Existing employees. Proposed net leasable x 5.25 employees per 1,000 square feet = Proposed employees. Proposed employees - Existing employees = Additional employees to be mitigated. The Housing Authority considers restaurant employees to be Category 2. The applicant shall mitigate for the additional Category 2 employees generated to the satisfaction of the Housing Authority before issuance of a building permit. The Housing Authority shall inspect and approve of any residential unit proposed for deed restricting in relation to this required mitigation. The Housing Authority has expressed the preference for this mitigation to be: (1) on -site; (2) off -site, including the buy -down option; and finally (3) via a cash -in -lieu payment. 3. Upon the complete termination of this conditional use, any deed restriction placed on a property in relation to this conditional use may be removed. Any employee generation mitigated via a payment -in -lieu shall not be refunded. 4. Required open space on the parcel may be used for seating in association with the indoor restaurant. No other commercial use of this space shall occur. The owner shall maintain adequate pedestrian and emergency access ways at all times. All applicable liquor license regulations shall apply to the outdoor seating. Outdoor seating shall be delineated on the site improvement survey. The conditional use requires 1.5 on -site parking spaces per 1,000 square feet of net leasable, any or all of which may be provide through a $15,000 per space payment -in -lieu. For the purpose of providing fractional spaces, the applicant may either provide a full space on -site or pay a corresponding fraction of the payment -in -lieu fee. Before issuance of a building permit, the applicant shall delineate the required on -site parking spaces for units 1 and 2b of the building on the site improvement survey and /or provide documentation of a cash -in -lieu payment for any remaining spaces not provided on -site. For any on -site parking, the applicant shall provide documentation on the right to use such spaces. On- Street parking shall not be considered off - street parking. 6. Before issuance of a building permit the applicant shall obtain a letter of intent from the Aspen Consolidated Sanitation District, the City Electrical Department, and the City Water Department to serve the intended use, and shall pay any connection fees or additional service upgrade charges. 7. Prior to issuance of a certificate of occupancy, the Aspen Consolidated Sanitation District shall inspect plans for, and installation of, an oil and grease interceptor for the restaurant. 8. Prior to issuance of a building permit, the applicant shall provide a PM mitigation plan offsetting any increase in PM produced by the conditional use. 9. Prior to issuance of a building permit, the applicant shall obtain a permit from the Environmental Health Department for any fireplaces or woodstoves that are proposed. 10. Prior to issuance of a building permit, the applicant shall submit a fugitive dust control plan subject to approval by the Environmental Health Department. 11. Any asbestos abatement measures necessary shall be performed by a certified asbestos removal firm. 12. Prior to issuance of a building permit, the applicant shall submit plans and specifications concerning the restaurant operation subject to approval by the Environmental Health Department. 13. Before issuance of a building permit, the applicant shall record this Planning and Zoning Resolution with the County Clerk and Recorder. 14. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the conditional use for a restaurant and commercial use of required open space at 601 East Hopkins Avenue, Lots A and B of City Block 99, City of Aspen, with the conditions listed 1 -14 in the Staff memorandum dated 2 June 26, 1997." ATTACHMENTS: Exhibit "A" -- Review Criteria and Staff Findings Exhibit `B" -- Referral Agency Comments Exhibit "C" -- Application Exhibit "D" -- Revisions to Application Jp 4 y y , A wr tt Exhibit A Section 26.60.040, Standards Applicable to all Conditional Uses (A) The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located. Staff Finding The purpose of the Commercial (C1) zone district is to provide for the establishment of commercial uses which are not primarily oriented toward serving the tourist population. A restaurant is a conditional use in this Zone District. Considering the purpose of this zone district, the Commission should determine the operational characteristic that make a restaurant's orientation local verses tourist. The applicant has proposed local ownership, medium priced entrees, and remaining open during the off - seasons. (B) The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Staff Finding_ The surrounding area has a mix of residential, commercial, and retail uses. There are several restaurants in this zone district including Little 011ies, L'Hosteria, and Silver City Grill. Each of these restaurants has a local market with moderately priced entrees similar to those proposed. The use would be more interactive and would generally enhance the area. Outdoor seating would work very well on this site with the southern exposure and street orientation. (C) The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Staff Finding: According to the applicant, on -street parking is opulently available. The zone district specifically requires off -street parking. Off -Street parking requirements in this zone district for commercial uses prescribe 1.5 spaces per 1,000 square feet of net leasable area. These spaces must be provided on -site or any or all of these spaces may be provided via a cash -in -lieu payment of $15,000 per space. Fractional spaces may be provided with either a full space on -site or with a fractional payment -in -lieu. There are currently four (4) spaces on -site for the entire building. It is unclear whether there are designated parking spaces on -site for the units to be occupied by the restaurant or whether previous owners of the building already paid a cash -in -lieu payment. Also, during the June 3 public hearing, a member of the public said he had title to one of the existing spaces. Because the net leasable square footage of this use has not been IMI accurately determined, the Commission should, as a condition of approval, require the applicant to provide 1.5 off - street parking spaces per 1,000 square feet of net leasable by delineating on -site parking spaces on the site improvement survey and/or by providing documentation of a cash -in -lieu payment for any remaining spaces not provided on -site. The Commission should require the applicant to show title to, or proof of the right to use, any on -site parking. On- Street parking should not be considered off -street parking. The applicant will need to provide documentation on the material to be removed during remodeling to the Environmental Health Department. Also, a fugitive dust control plan, a PM -10 mitigation plan, and final plans and specifications will need to be submitted to Environmental Health for approval before issuance of a building permit. The applicant will need approval for a woodstove, if one is proposed. The Commission has raised questions regarding service delivery. Alleys are primarily for service delivery and should be used as such. The applicant has stated the intention to serve the conditional use from the alley and Staff feels this is appropriate. The Commission should require the applicant to utilize to the extent possible the alley for service and deliveries, maintain trash in an enclosed area, and minimize odors to the extent possible. (D) There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Staff Finding Generally these public facilities and services are already in place. The applicant may need to upgrade the electrical service to the satisfaction of the City Electrical Department. Trash disposal service should be coordinated with the neighboring properties along the alley. All trash containers should be screened and kept on -site, outside of public rights - of -way. The Commission should, as a condition of approval, require the applicant to coordinate, to the extent possible, trash service with properties along the alley, keep trash containers out of public right -of -way, and upgrade electrical service, as needed, to the satisfaction of the City Electric Department. (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Staff Finding The space being considered for the restaurant is currently a retail showroom for a furniture company and office space. A restaurant is a much more intensive use as far as the number of employees required. The C 1 zone district has a range from 3.5 to 5.25 for the number of employees per 1,000 square feet that the Housing Authority uses in determining employee mitigation. The Housing Authority feels that the current use of the space should be considered generating 3.5 employees per 1,000 square feet and that the proposed restaurant should be considered to employ 5.25 per 1,000 square feet. A -2 The applicant has represented the existing use as 3,094 net leasable and the proposed use as 2,177 square feet of net leasable. Using the applicant's net leasable numbers and the Housing Authority's calculation, the restaurant would generate .6 employees more than the existing use. However, the definition of net leasable is as follows: Net leasable commercial and office space means those areas within a commercial or office building which are or which are designed to be leased to a tenant and occupied for commercial or office purposes, exclusive of any area dedicated to bathrooms, stairways, circulation corridors, mechanical areas and storage areas used solely by tenants on the site. It is unclear, based on the applicant's calculations, what the exact existing and proposed net leasable square footage is. The applicant is suggesting much of the first floor is a circulation corridor, including space around the tables, which does not contribute to net leasable. This space, however, is not solely for the use of tenants on the site. In addition, the applicant seems to be excluding circulation corridors of the existing use that may not be exclusive to the tenants of the building. Please refer to applicant revised application, Exhibit "D." Obviously, the existing and proposed net leasable square footage has yet to be determined. What is clear, however, is the Housing Authority's position on calculating the additional employees generated based on net leasable. This calculation is as follows: Existing net leasable x 3.5 employees per 1000 s.f. = Existing employees Proposed net leasable x 5.25 employees per 1000 s.f. = Proposed employees Proposed employees - Existing employees = additional employees to be mitigated The Housing Authority has recommended any housing unit associated with this mitigation be deed restricted no higher than Category 2. They have also stated any deed restriction placed on a property for the purpose of mitigating this conditional use may be removed upon the termination of this use. The Commission has options with regards to this net leasable number and housing mitigation. The Commission could approve the conditional use with the condition that the net leasable square footage be determined by the Zoning Officer at the time of building permit and the mitigation be determined by using the Housing Authority's calculation. This is Staff's recommendation. Or, the Commission could continue the public hearing and ask the applicant to confirm the exact existing and proposed net leasable square footage with the Zoning Officer prior to approval for the conditional use. In this second option, the Zoning Officer would then A -3 still have to confirm the net leasable numbers for the purpose of employee and parking requirements prior to issuance of a building permit. Either way, the process for determining the employee mitigation required is the same. It is the difference in employee generation based on net leasable square footage. (F) The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. Staff Finding_ In the original application, the applicant intended to use all of Units 1 and 2b of 601 East Hopkins. In the revised application, the applicant is proposing to use all of Unit 1 but only a portion of Unit 2b. The portion of 2b not to be used is currently the office for Slifer Designs. As a condition of approval, the Commission should require any expansion of the restaurant, or restaurant related use, into this area be subject all applicable requirements of the Code, as amended. The Commission should require the outdoor seating area to comply with all applicable handicapped access and fire code requirements while open. This may require the area to be closed in the winter months. The owner and operator of the restaurant will also need to comply with liquor license requirements, especially for the outdoor seating area. Section 26.04.100(I &J) Commercial Use of Open Space Required Open Space may be used for commercial restaurant use if the Commission determines that such use is compatible with or enhances the purposes of these open space requirements and that adequate pedestrian and emergency vehicle access is maintained. Staff Finding: Open space should be enjoyed. It should be accessible, unobstructed, undetermined, responsive, spontaneous, and should loosen the strict structure of built form. This proposed seating will enhance the existing open space. The Commission should, as a condition of approval, limit the use of this open space to restaurant seating with no other commercial activity. MA Summary of the Commission's treatment of Criteria E in Similar Conditional Use Applications: L'Hosteria, No Land Use Application, 1996. This restaurant is the newest restaurant in the Cl zone district. However, it was converted from an existing restaurant, Abetone's, with no changes to the operation. Abetone's was approved (as a special review) in 1984, prior to the incremental increase in employee language under conditional use. Mountain Chalet Conditional Use, May 1996. Resolution #96 -12. The applicant requested use of a kitchen of an existing restaurant at the Mountain Chalet to provide baked goods to lodge guests and the public. The Commission approved the conditional use provided the applicant provide to the Housing Authority a re- evaluation of the number of employees, for mitigation purposes, employed by the conditional use before issuance of a business license. Aspen Athletic Club Building, 720 East Hyman Avenue, Conditional Use for an athletic club facility in the Office Zone, March 1995. Resolution #95 -9. The Commission considered and approved this conditional use which converted existing commercial space to an athletic facility with the condition that it employ no more than 7 employees. This number was the number associated with the commercial space before conversion. San Sarrano Conditional Use for a Restaurant in the Cl zone district, Application Denied, September 1994, Resolution #94 -31. The applicant proposed a restaurant at 625 East Hopkins Avenue and the Commission denied approval finding the conditional use not compatible with the character of the vicinity, not enhancing the mixture of uses, and not adequately minimizing the adverse impacts on surrounding property. The Staff memo response to the employee mitigation found the current use employing 5 persons and suggested no more than 5 be employed by the conditional use without review by the Commission. Goldberg /Silver City Grill Conditional Use, November, 1993. Resolution #93 -39. The Silver City Grill requested an expansion of their operation into a space operated as a beauty salon. The Housing Authority determined that the beauty salon employed between 3 and 5 employees, significantly above the standards based on the 600 square feet, and that the restaurant operation in this space, even considering the highest standard that can be applied for employees per square foot, would not generate an increase in the number of employees. Early Learning Center Conditional Use, June 1993. Resolution #93 -9. The Commission considered and approved the expansion of uses to allow education at a day care center. Because the expansion was of uses, not of space, and because the number of employees would be the same, the Commission required no additional employee mitigation. M Aspen Body Building Center Conditional Use, December 1992, Resolution #92 -19. The conditional use was replacing a permitted use in the SCI zone. The Commission approved the conditional use with a condition requiring the applicant to mitigated any additional employees over the six currently employed for the 2600 square feet. The six employees was determined using the 2.3 employees per 1,000 square feet standard for SCI multiplied by the 2,600 square feet. Flying Dog Brew Pub Conditional Use, February, 1991. Resolution #91-4. The applicant applied for an expansion of net leasable by 324 square feet for a brew pub. "Brew Pub" not being defined in the Code, Staff took this to the Commission as a "recreational and entertainment establishment' ' in the CC as a conditional use even though a restaurant is a permitted use in the zone district. The applicant was required, as a condition of approval, to mitigate for .67 employees via a payment -in -lieu of $16,750 to the Housing Authority. This payment was made as well as a $9,720 payment -in -lieu for parking. "Brew Pub" is still not defined. Because the application was for an expansion of net leasable, the applicant would have been required to pay the mitigation even if a brew pub was a permitted use. Silver City Grill Conditional Use for a Restaurant in the C1, December 1990. Resolution #90 -5. The application was for the conversion of a commercial use ( Lauretta's) that was conditional, but never approved. The owner of Lauretta's claimed to employ 9 employees and the applicant proposed to employ only 6. The Staff memo included the applicant's response to being "locally oriented," which included price guidelines for entrees. The Commission approved the conditional use outlining 6 full - time employees, 24 seats, and 750 square feet, and requiring an amendment to the conditional use approval for any increase in these numbers. Furthermore, the Commission requested the applicant submit a yearly review of the operation to determine if the type of restaurant had changed or if the number of employees had increased. Explore Booksellers Amendment, November, 1990. Staff Approval. This amendment was to allow the operator to prepare food on -site which was not allowed under the previous conditional use review. In the insubstantial amendment memo, there is a reference to the applicant paying an employee mitigation fee of over $7,000 to the Housing Authority for expanding net leasable space. The applicant was required to verify the number of employees associated with the conditional use upon reopening (after remodeling) and after one year of operation to the Housing Authority. Explore Booksellers Conditional Use Amendment and GMQS exemption, November ,1989. Resolution #89 -23. The applicant was required to mitigate for .29 employees. Based on the 1990 -91 Housing guidelines, the applicant was required to pay $7,497. Thai Kitchen (Little 011ies) Conditional Use for a Restaurant in the C1, September, 1989. Resolution #89 -11. Staff brought the application to the Commission because the new restaurant had different hours than the former restaurant, representing a possible I_Q change in the operating characteristics and local orientation of the conditional use. The applicant submitted a proposed menu and stated the intent to stay open from 11 a.m. to 10:30 p.m. for the purposes of establishing "local orientation." The Commission acknowledged that there was no incremental increase in employees because both the former and the proposed restaurant would employ 5. Commission did, however, require the applicant to mitigate the housing impacts if the use began employing more than 5. To determine this number of employees, the Commission, as a condition of approval, stated the use may be periodically reviewed, but not less than once per year, to determine compliance with the approval, and shall again be reviewed upon a change in ownership. Mezzaluna Restaurant, 1987. No requirement for mitigating employees, not a requirement of conditional use at the time. Weinerstrube Restaurant, 1984. No requirement for mitigating employees, not a requirement of conditional use at the time M MEMORAiINDUM To: Chris Bendon, Project Planner Thru: Nick Adeh, City Engineer/Zt From: Ross C. Soderstrom, Project Engineer k 1 C , 5. Date: May 20, 1997 Re: 601 East Hopkins Avenue Conditional Use Review Physical Address: 601 East Hopkins Avenue, Aspen, CO Leal Address: Lots A & B. Block 99. City and Townsite of Aspen, CO After reviewing the above referenced application and making a site visit, I am reporting the combined comments made by the members of the DRC: 1. Proposed Use: The proposed change in use of this property presents a few logistical concerns related to the existing site design and how the delivery traffic and customer traffic will be directed into the property and existing building. Topics of concern are: A) How and where will deliveries be made to the restaurant' B) Where will customers enter and exit? C) What is the intended use of the shed located on the back of the property behind the electrical transformer and utility meters? D) The site plan should include details of the location and screening of the garbage enclosures around the dumpsters. These must be kept on the private property to avoid constricting the alley access. 2. Utilities and Public Services: Generally the necessary utilities and public services are in place to serve the proposed use however the electrical service will need to be evaluated and possibly up- -graded according to the City Electrical Dept. to service the anticipated heavier load typical of a restaurant use. The trash disposal service will also need to be coordinated with the neighboring properties served by the alley. Any trash disposal containers should be kept on -site and not placed in the public right -of -way. 1 OF 2 DRC,I 1197.DOC Memo - 601 East Hopkins Conditio. ,.se Review The area in front of the doors of the electrical transformer should be posted as a No Parking zone due to the need for continuous unrestricted access to the transformer (vehicle parked in front of the cabinet doors during site visit). Also, the area around and behind the transformer should be kept clear of debris and storage to provide adequate cooling and ventilation. 2 OF 2 DRCM1197.DOC SUN 25 '97 10:49AM ASF£N 'HOUSING OFC P• MEMORANDUM TO: Chris Bendon, Community Development Department FROM: Cindy Christensen, Housing Office DATE: June 25,1 997 RE: 501 Fast h oWns Conditional Use Application Parcel ID No. ISSUE The applicant is requesting a Condtional Use approval for a restaurant, which is currently a mixed use of retail and office space. The applicant proposes to use the main level as a restaurant and latchen taci6ty and the second level as a bar and food preparation area. BACKGROUND In the previous application, the applicant has represented with the Planning and Zoning Commission that the net leasable square footage will be approWmatey 2600 square fast. According to Section 26.60.040(E), Standwo MpRuM to aN eondNOW INK the applicant has to comma to supply affordable housing to meet the 1 r a ac I employees generated by the condltioml use. The applicant has decreased the size of the restaurant and the other office areas. At this time, I do not know whet the actual calculations would be, but the following standard shall be used in calculating the number of full -time equivalent empbyass generated by the proposed development: Commercial Core (CC) 3.5o to 5.25 employees/'I,000 sq. ft. (net leasable), based and Commercial (C-1): on review of the City Couneirs housing designee RECOMMENDATION There are two ways to calculate the mitigation required: 1. 5.25 - 3.5 = 1.75 additional per sq. ft.; ? sq. ft. divided by 1,000 sq. ft. X 1.75 = " 2. ` divided by I AM X 3.5 = * *; ' divided by 1,000 X 525 = "" Once the additional square footage is calculated, the number of employees that need to be mitigated can be calculated. The applicant believes it to be under 1 full -time employee. The Housing Board's preference In mitigating affordable housing impacts is me follows: 1. On -site housing; 2. Off -site housing, including the buydown oo xq* 3. oasn- lieuA and -krieu (the preference of cash or land shall be tltlamrdned on a OW by ease analysis). The applicant has stated that they have a one - bedroom free market unit that they would deed restrict to mitigate for their employee housing. The applicant may also substitute this one bedroom, unit for an equivalent unit. The HouNrrg Office shall Inspect and approve any unit the applicant wants to use for miligallon prior to deed restricting the unit The Housing Office agrees that this deed restrictlnn shall be removed upon a finding that the conditional use or a similar conditional uss has been terminated. Staff would also recommend that any unit associated with mitigation for this project be deed restricted no higher than Category 2 Cindy Christensen, 09:30 AIV 6/6/97 , 601 East Ho pkins Referral X- Sender: cindyc @commons.aspen.co.us Date: Thu, 26 Jun 1997 09:30:09 -0600 To: chrisb @aspen.co.us From: Cindy Christensen <cindyc @aspen.co.us> Subject: 601 East Hopkins Referral Chris: Just to reiterate, the number of employees that have to be mitigated for this proposal has NOT been decided since I do not have any new square footage numbers for the changes the applicant made on the plans. The net leasable square footage number needs to be entered into the equation to see if a one - bedroom would satisfy the mitigation needed. If the applicant has to mitigate for over 1.75 employees, than they will have to find some additional way to satisfy their mitigation requirement. I have taken their word without looking at any drawings, so the Housing Office is not agreeing that only one bedroom is needed to satisfy their housing mitigation. Cindy Printed for Christopher Bendon <chrisb @aspen.co.us> 1 (-7 sP �� Conso�dafeo�c�anifafion �rsfricl 565 North Mill Street Aspen, Colorado 81611 Tele. (970) 925 -3601 FAX #(970) 925 -2537 Sy Kelly Chairman Paul Smith Treas. Louis Popish Secy. May 7, 1997 Chris Bendon Community Development 130 S. Galena Aspen, CO 81611 Re: 601 E. Hopkins conditional use Dear Chris: Michael Kelly Frank Loushin Bruce Matherly, Mgr. The Aspen Consolidated Sanitation District currently has sufficient line and treatment capacity to serve this development. There are downstream constraints in the Galena street line that will be eliminated through a system of prorated additional fees. Service is contingent upon compliance with the District's rules, regulations, and specifications which are on file at the District office. A district approved grease interceptor will be required for the restaurant. The total connection charges for the project can be estimated once detailed plans are finalized and made available to our office. Please call if you have any questions. Sincerely, Bruce Matherly District Manager EPA Awards of Excellence 1976 1986 1990 Regional and National MEMORANDUM To: Chris Bendon, Community Development Dept. From: Betsey Kipp, Environmental Health Department &j - Date: May 13, 1997 Re: 601 E. Hopkins Conditional Use Review The Aspen /Pitkin Environmental Health Department has reviewed the land use submittal under authority of the Municipal Code of the City of Aspen, and has the following comments. SEWAGE TREATMENT AND COLLECTION: Section 11 -1.7 "It shall be unlawful for the owner or occupant or any building used for residence or business purposes within the city to construct or reconstruct an on -site sewage disposal device." The plans to provide wastewater disposal for this project through the central collection lines of the Aspen Consolidated Sanitation District (ACSD) meet the requirements of this department. The ability of the Aspen Consolidated Sanitation District to handle the increased flows from the project and the requirements for a grease trap should be determined by the ACSD. The applicant is required to provide documentation that the applicant and the service agency are mutually bound to the proposal and that the service agency is capable of serving the development. A condition of approval is a letter of intent from ACSD to service this application. ADEQUATE PROVISIONS FOR WATER NEEDS: Section 23 -55 'All buildings, structures, facilities, parks, or the like within the city limits which use water shall be connected to the municipal water utility system." The provision of potable water from the City of Aspen system is consistent with Environmental Health policies ensuring the supply of safe water. The City of Aspen Water Department shall determine if adequate water is available for the project. The City of Aspen's water supply meets all standards of the Colorado Department of Health for drinking water quality. 1 A condition of approval is a letter of intent from the Aspen water Department approving service for this application. WATER QUALITY IMPACTS: Section 11 -1.3 "For the purpose of maintaining and protecting its municipal water supply from injury and pollution, the city shall exercise regulatory and supervisory jurisdiction within the incorporated limits of the City of Aspen and over all streams and sources contributing to municipal water supplies for a distance of five (5) miles above the points from which municipal water supplies are diverted." This application is not expected to impact down stream water quality. Any modifications to the existing drainage plans, and the parking and paved areas must be evaluated by the City Engineer. There is no condition of approval. AIR QUALITY: Sections 11 -2.1 'It is the purpose of [the air quality section of the Municipal Code] to achieve the maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution throughout the city...' The Land Use Regulations seek to "lessen congestion" and "avoid transportation demands that cannot be met" as well as to "provide clean air by protecting the natural air sheds and reducing pollutants , '. The major concern of our department is the impact of increasing traffic in a non - attainment area designated by the EPA. Under the requirements of the State Implementation Plan for the Aspen area, PM -10 (which comes almost entirely from traffic driving on paved roads) must be reduced by 25% by 1997. In order to achieve that reduction, traffic increases that ordinarily would occur as a result of development must be mitigated, or else the gains brought about by community control measures will be lost. In addition, traffic increases of development must be offset. In order to do this, the applicant will need to determine the traffic increases generated by the project, commit to a set of control measures, and show that the traffic decreased by the control measures is at least as great as the traffic increases of the project without mitigation. Although the application proposes to use an existing space in the central core area, the building currently is used for retail space. Increases in traffic and PM -10 will occur if the use changes to a restaurant on the main level and a bar /food preparation area on the second level. An increase in traffic will occur not only from patrons, but also employees. The applicant will need to first determine the traffic level that will be generated and the increases in PM -10, and implement enough mitigation to offset the air pollution from the project. The applicant should refer to the Institute of Engineers Trip Generation Report Fifth Edition for trip generation rates. 2 F A condition of approval should be that prior to issuance of any building permits or use of the facility, the applicant must provide proof to the Aspen / Pitkin Environmental Health Department that the proposed mitigation measure is sufficient to offset increases in PM -10 and traffic caused by the project. FIREPLACE /WOODSTOVE PERMITS The applicant must file a fireplace /woodstove permit with the Environmental Health Department before the building permit will be issued if the applicant is considering the use of such devices. In metropolitan areas of Pitkin County which includes this site, buildings may have two gas log fireplaces or two certified woodstoves (or 1 of each) and unlimited numbers of decorative gas fireplace appliances per building. New homes may NOT have wood burning fireplaces, nor may any heating device use coal as fuel. Barns and agricultural buildings may not install any type of fireplace device. A condition of approval is the receipt and approval of a fireplace / woodstove application by this department if pertinent. FUGITIVE DUST A fugitive dust control plan is required which includes, but is not limited to watering of disturbed areas, daily cleaning of adjacent paved roads to remove mud /dust that has been carried in and out, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance during the remodel period. A condition of approval is the receipt and approval of a fugitive dust plan by this department. DEMOLITION /ASBESTOS In any public or commercial building, demolition which involves material put in before 1986 (besides concrete, bricks, or steel), must be sampled by a person licensed by the state to perform asbestos inspections; a written report on the test results must be submitted to the state and this department. If asbestos is present, it must be removed under a state permit by a licensed asbestos removal contractor and disposed of in a designated landfill. Asbestos testing can be done in advance of applying for a demolition permit. A condition of approval is the receipt of information by this department documenting the material to be removed 3 and when it was installed. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: NOISE ABATEMENT: Section 16-1 -The city council finds and declares that noise is a significant source of environmental pollution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of Aspen and it its visitors. .....Accordingly, it is the policy of council to provide standards for permissible noise levels in various areas and manners and at various times and to prohibit noise in excess of those levels." During construction, noise can not exceed maximum permissible sound level standards(65 decibels), and construction cannot be done except between the hours of 7 a.m. and 10 p.m. It is very likely that noise generated during the construction phase of this project will have some negative impact on the neighborhood and adjacent offices. The applicant should be aware of this and take measures to minimize the predicted high noise levels. Noise levels between 10 P.M. and 7 A.M. may not exceed 55 decibels. FOOD SERVICE FACILITIES A comprehensive review of the plans and specifications by this department for the restaurant /bar is required (see Section 10 -401, Rules and Regulations Governing the Sanitation of Food Service Establishments in the State of Colorado. The review will require menu analysis and food preparation process, equipment to be used, seating capacity, bathroom requirements and access, and bar facilities. Restaurant grills are regulated by the City of Aspen and the applicant should contact this department for compliance information. A pre- opening inspection is required by this department prior to opening for business and before a food service license can be issued. A condition of approval will be the approval by this department of the plans and specifications of the restaurant plan review before the building permit is approved. 4 COLOMBO INTERNATIONAL, INC. 520 E. COOPER ASPEN, CO 81611 TEL: 970 925 -7806 Chris Bendon June 23, 1997 Planning Department Community Development City of Aspen 130 S. Galena Aspen, CO 81611 RE: 601 E. Hopkins - Conditional Use Application Dear Chris, FAX: 970 925 -3972 Please accept these submissions as revisions to our Conditional Use application for a restaurant to be located at 601 E. Hopkins. The revisions to our application are as follows: The applicant is revising the floor plans and configuration of the proposal. The proposes to eliminate the upstairs bar completely and incorporate a a smaller bar facility on the first level with the restaurant seating and kitchen. 2. The restaurant interior seating will be substantially reduced to 54 seats. 3. The net leasable will be reduced to 2,176.91 This will reduce: A. Parking requirement to 3 parking spaces which we currently have. B. Employee housing mitagtion Applicant net leasable= 2,176.91 Current tennants net leasable= 3,093.72 '* Using the Housing Departments use generation figures: 3.50 /1000 sq. ft. of current use x 3093.72 sq. ft. 5.25/1000 sq. ft. of Proposed use x 2176.91 sa. ft. _ .56 employees to be mitagated kb- 4. The applicant has moved the handicap ramp to the main entrance area so that it may also be used for deliveries. EXWlN35IDEWAM 14 IN �J L n L ll Z L IN DELIVERY ALLEY W 7 Z� W O Qc Q Z 2 0 — m 0 wa w o Q ro 4ET IO. • • • O MAIN FLOOR PLAN 7708 -WC ATE O6 -2W M WNBY NEVOUNPECOPD NO. OINNOE DATE M J 1 IMENIw KEY PROPOSED MAIN FLOOR PLAN SCALE1/ 8"------------------- --------------------------- ---------------------11 -0 SCONCES D SPEAKERS W000 COLUMNS— PRINTE PHON • PROPOSED UPPER FLOOR PLAN SCALEv 4•------------------------------------------------------------ ----------- -- --------- --- - t' -( W Z) Z p W C) > U) z z° (L Owm w a En o a m sE7 xD. • • 0 UPPER FLOOR NMHER 1706 97C TE M -2397 MWN BY BEYMONBECOBD - NJ. CIMNDE DNIE BY 3 4 YAEM '.� ......... EXISTING CUREySEE SURVEq E %ISTIW, SRIEWAU( KITCHEN 3 CALIPER ASPEN TREES SODDED GRASS AREA \oI �-\\4 o- \ _ PI ANT ER, J � mw. w•r f a m o`S• UP I 6 IWINFCFLL PAR W CC ) Q _.. W .Z 3 _T. PLANTER C ]� l - - ii L_ L_] L1 �] SERVICE N..arr� ©��' - II I MIN", 11 - HAND INK »� SCAv C6vElY ^ER rKl R M wEl N•nnrn COI D fAPI w D Z O w > Q Z O O Y 11 S LU wU) o a m 0 A s jg �,�+4 yl►�►!•A�.�s;' �� iii i��i� Y �%��. /A /AK�r 'A. Y�•/f iii x"xx WIN - IOW PLANTER PLANTER PI ANTER F ENC ING DN 4 X PARKING BAYS 2 X DUMPSTERS DELIVERY ALLEY NET LEASABLE SPACE -FLOOR AREA- (DATHROOMS «STAIRWA" .CIRCULATION CORRIDORS+MECHANICAL AREAS+STORAGE) = 2811.8 S.F. - (218.5+152.08+784.5+30. =1820.41 S.F.(NET I F_ASARL E) TOTAL NET LEASABLE SPACE =(MAIN FLOOR NET LEASABLE+ UPPER FLOOR NET LEASABLE) - 1898 -41 S.F.+ 550.5 S.F. C 1 ° " MAIN FLOOn PI -AN CA NIMMA 1708 -97C nE 05.23-97 �— P�ht�td arca� Yw� cerr�?t�vh� � N•�'• PROPOSED MAIN FLOOR PLAN SCALE 110'- -- --- -- -- ---- -------- -------- - --- -- ---11-0 IItY SCONCES - - -- nn J SPEAKERS-- - WOOD COLUMNS- —w1 PRINTER— PHONE— p<> PROPOSED UPPER FLOOR PLAN SCALE 1/ e'....._.._ ................ .._._._._.__....._......._._._. -- -- , -� W D Z Q Q z O O EL O m 2 W 00 wa U) o a m BET HD. • • • 0 UPPER FLOOR uBE "1]08 -8]C ATE DB -60-97 MW N BY NEVI BEC0R0 MD "ME DATE By wAUENre ` NET LEASABLE SPACE = FLOOR AREA - (BATHROOMS +STAIRWAYS .rvanm Al ION oORRIDORS+MECHANICAL AREAS +STORAGE) MEMORAiINDUM To: Chris Bendon, Project Planner Thru: Nick Adeh, City Engineer/,Ze� E From: Ross C. Soderstrom, Project Engineer k CS. Date: May 20, 1997 Re: 601 East Hopkins Avenue Conditional Use Review Physical Address: 601 East Hopkins Avenue, Aspen, CO Legal Address: Lots A & B, Block 99, City and Townsite of Aspen, CO After reviewing the above referenced application and making a site visit, I am reporting the combined comments made by the members of the DRC: 1. Proposed Use: The proposed change in use of this property presents a few logistical concerns related to the existing site design and how the delivery traffic and customer traffic will be directed into the property and existing building. Topics of concern are: A) How and where will deliveries be made to the restaurant? B) Where will customers enter and exit? C) What is the intended use of the shed located on the back of the property behind the electrical transformer and utility meters? D) The site plan should include details of the location and screening of the garbage enclosures around the dumpsters. These must be kept on the private property to avoid constricting the alley access. 2. Utilities and Public Services: Generally the necessary utilities and public services are in place to serve the proposed use however the electrical service will need to be evaluated and possibly up- graded according to the City Electrical Dept. to service the anticipated heavier load typical of a restaurant use. The trash disposal service will also need to be coordinated with the neighboring properties served by the alley. Any trash disposal containers should be kept on -site and not placed in the public right -of -way. I OF 2 DRCM1197DOC - Memo - 601 East Hopkins Condinl.�UUse Review The area in front of the doors of the electrical transformer should be posted as a No Parking zone due to the need for continuous unrestricted access to the transformer (vehicle parked in front of the cabinet doors during site visit). Also, the area around and behind the transformer should be kept clear of debris and storage to provide adequate cooling and ventilation. 2 OF 2 DRCMI 197.DOC JUN 25 '97 10 :49AM ASPEN HOUSING OFC MEMORANDUM TO: Chris Bendon, Community Development Department FROM: Cindy Christensen, Housing Office GATE: June 25,1997 RE: 601 Fast Hopkins Conditional Use Application Parcel ID No. P.2 ISSUE The applicant is requesting a Conditional Use approval for a restaurant, which is currently a mixed use of retail and office space. The applicant proposes to use the main level as a restaurant and kitchen facility and the second level as a bar and food preparation area. BACKGROUND In the previous application, the applicant has represented with the Planning and Zoning Commission that the net leasable square footage win be approximately 2600 square feet. According to Section 26.60.040(E), standards 4p8&WO to aN 00ndlik" YOM the applicant has to commit to supply affordable housing to meet the increased employees generated by the corxUEional use. The applicant has decreased the size of the restaurant and the other office areas. At this time, I do riot know what the achtal calculations would be, but the following standard shall be used in calculating the number of full -time equivalent amployaas generated by the proposed development: Commercial Core (CC) 3.50 to 5.25 employees/1,000 sq. ft. (net leasable), based and Commercial (C-1); on review of the City Council's housing designee RECOMMENDATION There are two ways to calculate the mitigation required; 1. 5.25 - 3.5 = 1.75 additional per sq. ft.; ? eq. ft. divided by 1,000 sq. ft. X 1.75 2. * divided by 1,000 X 3.5 = * *; * divided by 1,000 X 5.25 = * ** Once the additional square footage is calculated, the number of employees that need to be mitigated can be calculated. The applicant believes it to be under 1 full -time employee. The Housing Board's preference In mitigating affordable housing impacts is as follows; 1. On -site housing; 2. Off -site housing, including ft buydown concept; 3. Cash- in- Iieu/Land- In-Aeu (the preference of cash or land shall be determined on a rase by case analysis). The applicant has stated that they have a one- bedroom free market unit that they would deed restrict to mitigate for their employee housing. The applicant may also substitute this one bedroom unit for an equivalent unit. The Housing Office shall Inspect and approve any unit the applicant wants to use for mitigation prior to deed restricting the unit. The Housing Office agrees that this deed restriction shall be removed upon a finding that the conditions] use or a akrtNar conditional use has been terminated. Staff would also recommend that any unit associated with mitigation for this project be deed restricted no higher than Category 2. SUN 10 '97 08 :49AM ASPEN HOUSING OFC P.1 MEMORANDUM TO: Chris Bendon, Community Development Department FROM: Cindy Christensen, Housing Office DATE I June 10,1 filg7 V..r. — 42w" V o K—tw-otp RE: 601 East Hopkins Conditional Use Application Parcel ID No. ISSUE The applicant is requesting a Conditional Use approval for a restaurant, which 15 currently a mixed use of retail and office space. The applicant proposes to use the main level as a restaurant and kitchen faulty and the second level as a bar and food preparation area. BACKGROUND The applicant has represented with the Planning and Zoning Commission that the net leasable square footage will be approximately 2600 square feet. According to Section 26.60.040(E), Sfandialro sWkfibla to aN owd ilk" uses; the applicant has to commit to supply affordable housing to meet the increased employees generated by the oonditfonal use. In order to calculate the mitigation required, the following standard shall be used In calculating the number of full-time equivalent employees generated by the proposed development: Commercial Core (CC) 3.50 to 5.25 empbyses/1,000 sq. ft. (net leasable), based and Commercial (C-1): on review of the City Council's houst designee RECD MMENDAT= There are two ways to calculate the mitigate required: 1. 5.25 - 3.5 =1.75 additional per sq. ft.; 2,600 sq. tt. divided by 1,0W sq. ft. X 1.75 = 4.55 2. 2,600 divided by 1,000 X 3.5 = 9.1; 2,600 divided by 1,000 X 5.25 = 13.135 13.66 -0.1 =4.55 Per the calculation above, the applicant needs to mitigate for 4.55 employees. The Housing Board's preference in mitigating affordable housing impacts is as follows: 1. On-site housing: 2. Off -site housing, inching the buydown oonoept 3. Caslrin-fis A.and -ln -lieu (the preference of cash or land shall be determined on a case by case analysis). Staff would also recommend that any unit associated with mitigation for this project be deed restricted no higher then Category 1, as this falls within a restaurant/bar employee. �sr Consof o�¢fea�c�¢nif¢fion rsfricf 565 North Mill Street Aspen, Colorado 81611 Tele. (970) 925 -3601 FAX #(970) 925 -2537 Sy Kelly - Chairman Paul Smith - Treas. Louis Popish Secy. May 7, 1997 Chris Bendon Community Development 130 S. Galena Aspen, CO 81611 Re: 601 E. Hopkins conditional use Dear Chris: Michael Kelly Frank Loushin Bruce Matherly, Mgr. The Aspen Consolidated Sanitation District currently has sufficient line and treatment capacity to serve this development. There are downstream constraints in the Galena street line that will be eliminated through a system of prorated additional fees. Service is contingent upon compliance with the District's rules, regulations, and specifications which are on file at the District office. A district approved grease interceptor will be required for the restaurant. The total connection charges for the project can be estimated once detailed plans are finalized and made available to our office. Please call if you have any questions. Sincerely, Bruce Matherly District Manager EPA Awards of Excellence 1976 1986 - 1990 Regional and National MEMORANDUM To: Chris Bendon, Community Development Dept. From: Betsey Kipp, Environmental Health Department Date: May 13, 1997 Re: 601 E. Hopkins Conditional Use Review The Aspen /Pitkin Environmental Health Department has reviewed the land use submittal under authority of the Municipal Code of the City of Aspen, and has the following comments. SEWAGE AND COLLECTION tlon 11 - 1.7 "It shall be unlawful for isiness purposes within the city to construct or the owner or occupant of any building used to reconstruct an on -site sewage disposal device. The plans to provide wastewater disposal for this project through the central collection lines of the Aspen Consolidated Sanitation District (ACSD) meet the requirements of this department. The ability of the Aspen Consolidated Sanitation District to handle the increased flows from the project and the requirements for a grease trap should be determined by the ACSD. The applicant is required to provide documentation that the applicant and the service agency are mutually bound to the proposal and that the service agency is capable of serving the development. A condition of approval is a letter of intent from ACSD to service this application. ADEQUA facilities, TE PROVISIONS FOR WATER NEEDS: Section 23 -55 "All buildings, structures, parks, or the like within the city limits which use water shall be connected to the municipal water utility system." The provision of potable water from the City of Aspen system is consistent with Environmental Health policies ensuring the supply of safe water. The City of Aspen Water Department shall determine if adequate water is available for the project. The City of Aspen's water supply meets all standards of the Colorado Department of Health for drinking water quality. 1 ,a~ A condition of approval is a letter of intent from the Aspen Water Department approving service for this application. WATER QUALITY IMPACTS: Section 11 -1.3 "For the purpose of maintaining and protecting its municipal water supply from injury and pollution, the city shall exercise regulatory and supervisory jurisdiction within the incorporated limits of the City of Aspen and over all streams and sources contributing to municipal water supplies for a distance of five (5) miles above the points from which municipal water supplies are diverted." This application is not expected to impact down stream water quality. Any modifications to the existing drainage plans, and the parking and paved areas must be evaluated by the City Engineer. There is no condition of approval. AIR QUALITY: Sections 11 - 2.1 "It is the purpose of (the air quality section of the Municipal Code] to achieve the maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution throughout the city..." The Land Use Regulations seek to "lessen congestion" and "avoid transportation demands that cannot be met" as well as to "provide clean air by protecting the natural air sheds and reducing pollutants ". The major concern of our department is the impact of increasing traffic in a non - attainment area designated by the EPA. Under the requirements of the State Implementation Plan for the Aspen area, PM -10 (which comes almost entirely from traffic driving on paved roads) must be reduced by 25% by 1997. In order to achieve that reduction, traffic increases that ordinarily would occur as a result of development must be mitigated, or else the gains brought about by community control measures will be lost. In addition, traffic increases of development must be offset. In order to do this, the applicant will need to determine the traffic increases generated by the project, commit to a set of control measures, and show that the traffic decreased by the control measures is at least as great as the traffic increases of the project without mitigation. Although the application proposes to use an existing space in the central core area, the building currently is used for retail space. Increases in traffic and PM -10 will occur if the use changes to a restaurant on the main level and a bar /food preparation area on the second level. An increase in traffic will occur not only from patrons, but also employees. The applicant will need to first determine the traffic level that will be generated and the increases in PM -10, and implement enough mitigation to offset the air pollution from the project. The applicant should refer to the Institute of Engineers Trip Generation Report Fifth Edition for trip generation rates. `A Mw✓ A condition of approval should be that prior to issuance of any building permits or use of the facility, the applicant must provide proof to the Aspen / Pitkin Environmental Health Department that the proposed mitigation measure is sufficient to offset increases in PM -10 and traffic caused by the project. FIREPLACE /WOODSTOVE PERMITS The applicant must file a fireplace /woodstove permit with the Environmental Health Department before the building permit will be issued if the applicant is considering the use of such devices. In metropolitan areas of Pitkin County which includes this site, buildings may have two gas log fireplaces or two certified woodstoves (or 1 of each) and unlimited numbers of decorative gas fireplace appliances per building. New homes may NOT have wood burning fireplaces, nor may any heating device use coal as fuel. Barns and agricultural buildings may not install any type of fireplace device. A condition of approval is the receipt and approval of a fireplace /woodstove application by this department if pertinent. FUGITIVE DUST A fugitive dust control plan is required which includes, but is not limited to watering of disturbed areas, daily cleaning of adjacent paved roads to remove mud /dust that has been carried in and out, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance during the remodel period. A condition of approval is the receipt and approval of a fugitive dust plan by this department. DEMOLITION /ASBESTOS In any public or commercial building, demolition which involves material put in before 1986 (besides concrete, bricks, or steel), must be sampled by a person licensed by the state to perform asbestos inspections; a written report on the test results must be submitted to the state and this department. If asbestos is present, it must be removed under a state permit by a licensed asbestos removal contractor and disposed of in a designated landfill. Asbestos testing can be done in advance of applying for a demolition permit. A condition of approval is the receipt of information by this department documenting the material to be removed 3 and when it was installed. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: NOISE ABATEMENT: Section 1 6 - 1 "The city council finds and declares that noise is a significant source of environmental pollution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of Aspen and it its visitors. .....Accordingly, it is the policy of council to provide standards for permissible noise levels in various areas and manners and at various times and to prohibit noise in excess of those levels." During construction, noise can not exceed maximum permissible sound level standards(65 decibels), and construction cannot be done except between the hours of 7 a.m. and 10 p.m. It is very likely that noise generated during the construction phase of this project will have some negative impact on the neighborhood and adjacent offices. The applicant should be aware of this and take measures to minimize the predicted high noise levels. Noise levels between 10 P.M. and 7 A.M. may not exceed 55 decibels. FOOD SER VICE FACILITIES A comprehensive review of the plans and specifications by this department for the restaurant /bar is required (see Section 10 -401, Rules and Regulations Governing the Sanitation of Food Service Establishments in the State of Colorado. The review will require menu analysis and food preparation process, equipment to be used, seating capacity, bathroom requirements and access, and bar facilities. Restaurant grills are regulated by the City of Aspen and the applicant should contact this department for compliance information. A pre- opening inspection is required by this department prior to opening for business and before a food service license can be issued. A condition of approval will be the approval by this department of the plans and specifications of the restaurant plan review before the building permit is approved. 4 FROM : COLOMBO INTL PH7NE NO. 970 925 3792 COLOMBO INTERNATIONAL, INC. 520 E. CO OPER ASPEN, CO81611 TFl : 97(3925-7805 FAX: 970 David Tolen Cindy Christensen T As E. Main 5 uW� Aspen, en, CO 81611 1 HE: 601 E. Hopkins - Conditional Use Application David, Cindy, Persuant to our meeting yesterday, June 24, 1937 with yourselves, Sunny Vann and myself, the following is my understanding of acceptable conditions coneering employee housing mitagation requirements for the 601 E. Hopkins - Conditional Use Application. Mitagation can ba acoomplished by currently owned or purchased free market housing that would be deed restricted and Icasod to category 2 employees, such lease would be executed through the Housing Authority office. Such property would have to be approved by the Housing Authority as to meeting the minimum guideline requirements of size, health and safetyconcemS. 2. Mitagation can be accomplished by a leased free market housing that would be deed restricted in its use and rental amount and in turn would be leased to a category 2 employee, such lease would be executed through the Housing authority office. Such property would have to be approved by the Housing Authority as to meeting the minimum guideline requirements of size, health and safety concerns. 3_ Upon review by the Housing Authority a property meeting the criteria as aforementioned could be subsituted for an alternate property meeting the same criteria roquirements at any given time. P02 4. Upon review by the Housing Authority that the Conditional Use which necessitated the employee housing mitagation has terminated, the requirement of deed restrletlon upon such properties used in such mitagation shall also be terminated. FROM : COLOMBO INTL PHONE NO. : 970 9?—� 3792 P03 801 E. Hopkins - Employee Housing mitagation Page Two Please let me know if we are in agreement of these issue as I have related them. I would also like to respectfully request that you update your recommendations to Chris Bedon of the Planning Department for his memo to the Planning and Zoning Commission. which he needs to have out on Thursday- Thank you very much for your time and attention to this matter- cc; ChrisSendon Sunny Vann Howard Bass Harris Cahn `w COLOMBO INTERNATIONAL, INC. 520 E. COOPER ASPEN, CO 81611 TEL: 970 925 -7806 Chris Bendon Planning Department Community Development City of Aspen 130 S. Galena Aspen, CO 81611 FAX: 970 925 -3972 un RE: 601 E. Hopkins - Conditional Use Application Dear Chris, Please accept these submissions as revisions to our Conditional Use application for a restaurant to be located at 601 E. Hopkins. The revisions to our application are as follows: The applicant is revising the floor plans and configuration of the proposal. The proposes to eliminate the upstairs bar completely and incorporate a a smaller bar facility on the first level with the restaurant seating and kitchen. n 2. The restaurant interior seating will be substantially reduced to 54 seats. 3. The net leasable w ill be reduced to 2,176.91 r Th reduce: A. Parking requirement to 3 parking spaces which we currently have. B. Employee housing mitagtion Applicant net leasable= 2,176.91 Current tennants net leasable= 3,093.72 " Using the Housing Departments use generation figures: 3.50/1000 sq. ft. of current use x 3093.72 sq. ft. 5.25/1000 sa ft of proposed use x 2176.91 sq. ft = .56 employees to be mitagated 4. The applicant has moved the handicap ramp to the main entrance area so that it may also be used for deliveries. +N�M� ice 04. EXISTING CURB(SEE SURVEY) EXISTING SIDEWALK IN] lm 3 w 0 m i S9 X W NET LEASABLE SPACE FLOORAREA (BATHROOMS +STAIRWAYS +CIRCULATION CORRIDORS +MECHANICAL +STORAGE) = 2811.8 SF.- (49.83 +144+288.5 +32.5 +0) = 2298.97 S.F.(NET LEASABLE) TOTAL NET LEASABLE SPACE =(MAIN FLOOR NET LEASABLE+ = 2298.97 S.F. +798.75 S.F. UPPER FLOOR NET LEASABLE) = 3093.72 S.F. w 2 O w p > a m O 2 J a0m O z m mw wa o¢ m ;N. • • MAN FLC H P1 N 1706 -97C 04 -23 -97 MWNBY flEV 11H�N flELOPO lllNu DATE BY l MMf NIS 41 N EXISTING UPPER FLOOR PLAN W Z p W 0 > a z 9 2 w °D wa o a m • • • UPPER FLOOR OB NUMBEN �� -97C IUWN BY PEV6pN PECANf) Ip. CINNGE GATE NY 9 OAMENIS .............. -- f �1 w U) O Q W Z c 0 NET LE ASABLE SPACE = FLOOR AREA- (RATPROOMS,STAIRWAVS +CIRCULATION CORRIDORS +MECHANICAL AREAS +STOFIAOE) = 2811.8 S.F. - (218.5 +152.06«784.5+30.33 +0) = 1828.41 S.F.(NET LEASABLE) TOTAL NET LEASABLE SPACE =(MAIN FLOOR NET LEASABLE+ UPPER FLOOR NET LEASABLE) = 1028.41 S.F. + 550.5 S.F. = 2178.81 S.F. EXISTING SMEWA" - � del pvrc wok Ye 4 DELIVERY ALLEY 1 14 �"'" k C/A 4 'f" SCONCES- D PROPOSED MAIN FLOOR PLAN SPEAKER 9 SCALE 11 Fi ----------- - ---------------------------------- - -------------------- 1�-0" WOOOCOLUMNS- PRINTER- PHONE DELIVERY ALLEY 1 14 �"'" k C/A 4 'f" NET LEASABLE SPACE = FLOOR AREA - (BATHROOMS +STAIRWAYS +CIRCULATION CORRIDORS +MECHANICAL AREAS +STORAGE) -947 -SS F - 1100+147.5 +0 +0 +149.51 PROPOSED UPPER FLOOR PLAN SCALE --- -------------------- ------- __- _ ----- --------- -------- "0" W Z) Z0 W Q Q tr N ZO �U (L m o wa 1n o a m «I • • • 0 UPPER FLOOR tre NUMW..1706 -97C ATE M -25.97 MWN BY REYBONAECOflo NO. CMWE oATE I Pv 1 a coMM�Ni: b qup'.' . .� . . MEMORANDUM TO: Aspen Planning and Zoning Commission / THRU: Stan Clauson, Community Development Director Julie Ann Woods, Deputy Directto� FROM: Christopher Bendon, Planner RE: 601 East Hopkins: V V Y Conditional Use for a Restaurant (public hearing, continued from 6.3.97) Commercial Use of Open Space DATE: June 12, 1997 SUMMARY: The applicant, Bass Cahn Properties, is requesting conditional use approval for a restaurant and approval to use required open space on the parcel for restaurant seating at 601 East Hopkins Avenue. The Property is zoned Commercial (C1) and restaurant are permitted as a conditional use. The public hearing was opened June 3, 1997, and continued to June 17. The applicant is requesting a continuation to June 24, 1997, to allow more time to consider employee mitigation options. June 24 is not scheduled to be a regular meeting of the Planning and Zoning Commission. Also, the Commission is scheduled for a planning discussion with the City Council that night. Staff recommends continuing the public hearing for this case to July 1, 1997, which is a regularly scheduled P/Z date. STAFF COMMENTS: In the prior hearing, the Commission requested Staff to further research conditional uses and the application of criteria E; the applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Staff has summarized conditional use precedents, with emphasis on the Commission's findings on employee mitigation, and included them as an attachment. At the request of the applicant, Staff is further researching precedents of the application of this language in the conditional use criteria. Those additional precedents will be included in the next Staff memo. RECOMMENDED MOTION: 0 ,1 "I move to continue the public hearing for 601 East Hopkins to July 1, 1997." ATTACHMENTS: Exhibit "A" -- Staff summary of similar conditional use precedents. Exhibit A L'Hosteria, No Land Use Application, 1996. This restaurant is the newest es to the operation. Abetone's was approved restaurant in the Cl zone district. However, it was converted from an existing restaurant, l review) in 19 4 p hang prior to the incremental increase in employee (as a special rview) language under conditional use. hcant Mountain Chalet Conditional Use, May 1996. Resolution #96 -12. The app ng restaurant at the Mountain Chalet to e quests and the public. The Commission approved requested use of a Kitchen of an existi a re- provide baked goods to lodg q applicant provide to the Housing Authority rovided the app the conditional use p to ees, for mitigation purposes, employed by the evaluation of the number of emp Y conditional use before issuance of a business license. Aspen Athletic Club Building, 720 East Hyman Avenne, Conditional Use for an athletic club facility in the Off ce Zone, March 1995. Resolution #95 -9. The Commission considered and approved this conditional use which converted existing commercial space an nu condition a tetic facility with the mber was the number as ociated with the employ no more than 7 employees- commercial space before conversion. Resolution #94 -31. The applicant San Sarrano Conditional Use for a Restaurant in the Cl zone district, Application Denied, September 1994, proposed a restaurant at 625 East Hopkins Avenue and the Commission de with the character of the me approval finding the conditional use not compatible, vicinity, not enhancing the mixture of uses, and not adequately n to the the erty. The Staff memo response ested no adverse impacts on surrounding Pro p ing to in 5 persons and sugg employee mitigation found the hc conditional use withou review by the more than 5 be employed by Commission. R #93- Goldberg /Silver City Grill Conditional Use, Noveftheir, operat into a space 39. The Silver City Grill requested an expan sion °f termined that the beauty operated as a beauty salon. The Housing Authority salon employed between 3 and 5 employees, significantly above the standards lied for employees per square based on the 300 square feet, and that the restaurant operation in this space, eve the highest standard that can be app to ees. Applying the c onsidering emp lo y ees. generate to ee g eneration, the 300 square feet would g foot, would not generate an increase in the number o em highest standard for emp Y g 1.575 employees. Early Learning Center Conditional Use, Jun 1 on off Re ses to allow education at Commission considered and approved the exp Because the exp ansion was of uses, not of space, and because a day care center. would be the same, the Commission required no ' the number of employees additional employee mitigation. Aspen Body Building Center Conditionaal Use, Ded umbn the SCI zone. #92 - zone. The lacing p se 19. The conditional use was rep requiring the applicant for the a, use w i t h a Commission approved the condition ees over the six currently employed additional employees the 2.3 employees per to mitigated any to was determined using 2600 square feet. The six employee lied by the 2,600 square feet. 1,000 square feet standard for SCI multip 1991. Resolution #91-4. The Do Brew Pub Conditional Use, February, 324 square feet for a brew Flying g ansion of net leasable by applicant applied for an exp Pub. "Brew Pub" not being defined in the Code, Staff took this to the h a restaurant is a p use . the zone district. Commission as a "recreational and entertainment establishment" in the C as a conditional use even thoug roval, to mitigate for •6 'I his The applicant was required, as a condition of app Authority. a ment -in -lieu of $16,7a5010 h nHeu fogpar ng "Brew Pub" employees via a p Y lication was for an expansion of net leasable, payment was made as well as a $9,720 p Y is still not defined. Because the aPP the mitigation even if a brew pub the applicant would have been required toPay was a permitted use. Conditional Use for a Restaurant version of a commerci in the Cl, December 199 Silver City cation was for the conmercial use Grill Co Resolution # The application roved. The owner of Lauretta's that was conditional, but never lP ant proposed to employ only 6. (Lauretta's) and the app locally oriented," claimed to employ 9 employees licant's response to being ` The Staff memo included the app approved the s quare feet, and which included price guidelines for entrees. The e 24 seats, and rov 750 6 full -time employees, r oval for any increase in these conditional use outlining requiring an amendment to the conditional use app or if the numbers. Furthermore, the Commission requeo dapplicant submit a yearly res had changed r evie w of the operation to determine if the type number of employees had increased. ,q roval. This Explore Booksellers Amendment, November, 1 re are food on -site which was not t 990. Staf PP amendment was to allow the operator top P in al an employee allowed under the previous conditional use review payn g an em Authority for expanding net leasable amendment memo, there is a reference to the applicant associated e mitigation fee °1 cant wa $7,000 uo ed the number of employees eto Housing erifY sp T he app on reopening (after remodeling) and after one yea' of with the conditional use upAuthority. operation to the Housing S exemption, was required to mitigate for Explore Booksellers Conditional Use Amendment and GM applicant was .29 emp ees8 Based on 990 ? applicant 91 Housing guidelines, the app Y required to pay $7,497. Thai Kitchen (Little ollies) Conditional Use for a Restaurant in the Cl, Septem6er,1989. Resolution #89 -I1. Staff brought the application to the Commission because the new restaurant had different hours than the ng characteristics and local ormer senting a possible Chang e in the operati menu and restaurant, repre applicant submitted a proposed orientation of the conditional p en from 11 to 10:30 p•m• for the pu rposes of stated the intent to stay osed establishing "local orientation.' to ees because both th no incremental e former and the perro pwa increase in employees applicant to restaurant would employ 5. Commission did, however r more e than S.To i m a cts if the use began employing royal, mitigate the housing p to ees, the Commission, as a condition of app o determine this number of emp Y reviewed, but not less than once per year, stated the use may be periodically determine compliance with the approval, and shall again be reviewed upon a change in ownership. Mezzaluna Restaurant, 1987. No requirement for mitigating employees, not a requirement of conditional use at the time, employees, not a Weinerstrube Restaurant, 1984. No requirement for mitigating requirement of conditional use at the time. 0 FROM : COLOMBO INTL TEL'. 970 925 -79 June 4, 1997 INTERNATIONAL, INC. 520 E. GOOPER ASPEN =GO Bt6t1 John Worcester -City Attorney David Hoefer- ASSWant City Atiorne City of Aspen ?30 S. Galena 611 Aspen, CO 81 gation E Hopkins - Review of requirement for Employee Housing miti RE: 601 F NO. : 970 92!:f3792 t ibjl' V FAX: 970 925.3972 Dear John and David, Zoning ng and Commission has requested it is my understanding that the planning Housing degartme" t review the Development along i6 from a conditional use approval that Community mitigation resu n g requirement for employee housing from an existing commercial use to anew co mmercial use use of the Land Use C The Community in my opinion this is i legal interpretation given Director have already that t and planning staff as well as the Housing applicant that Deveopmen a and they have specifically agreed with the pp p rroval Is given required ncrease in n their opinon on this issJU w h e n conditional P employee housing mitigation is not reqd from One com mercial use to another commercial use and their is no i leasable- i zone district which has received 1 want to point out that aw=ry restau^a re quired to mitigate employee housing con ditional use approval has not bee t the conditional use generated by the incremental Increase a the following' These restaurants Include but are not limited W L'Hoateria (Aberone'S) ~erstube MezzalUna g g Grin} Blue Maize (5ilverelty Uttie OAie's oval) MCStoriies ertcal Lode district- oonditonal use tie use aPPrcv*') • t - nd se Poppycoc"A lm Commensal diems ,Jour de Fete (N "hgorhoad Explorer Bookstore restaurant FROM : COLOMBO INTL �., PHCNE N0. : 970 925 3792 it was also requested that CommunRy [Dn has -impo staff research precedent in which the Planning and Zoning Commission has imposed a condition upon Conditional Use approval which requires a it jS t h e is Posi that such em to es. maximum. wh It is the apAlicants posi►� p ast 2-3 Years ich would reflect current increimenlW should for mare the P iadon. Some members of �� should be Nmiced to the p appointed Cit iMerpretgtion and would be consistent with c sitting this citizens the Planning and Zoning Commission have been board for over twenty Years and though they may have snot v ague eeel that Isehaas Daring of cnd>n being applied in the past the applicant does on current interpretation by the City. its interpretation of the Land Use ,;ants position that this represents Should the City at this time decide to cha Code as tt atiects this issue, 4 will be the applicants se<eciive enforcement they are being held to a different standard than has been upon the aforementioned restaurants in the recent past and p would . the aPp1� its p that this is an unfair aPPlicOtion of a different interpretation. Sincerely. .1PC.ms P93 cc: Stan clau3on Howard Bass Harris Cahn Alberta Maetrangelo ` r) COLOMBO INTERNATIONAL, INC. 520 E. COOPER ASPEN, CO 81611 TEL: 970 925 -7806 FAX: 970 925 -3972 601 E. HOPKINS CONDITIONAL USE APPLICATION Applicant BASS CAHN PROPERTIES, L.L.P. BICE RESTAURANTE presented to CITY OF ASPEN COMMUNITY DEVELOPMENT PLANNING & ZONING COMMISSION 130 S. Galena St. Aspen, Colorado 81611 1 � 11 T V 2 6 ATTACHMENT LAND USE APPLICATION FORM 1) PROJECTNAME: BICE 2) PROJECT LOCATION: 601 E. HOPKINS 3) PRESENTZONING: C -1 4) LOT SIZE: 6,000.00 5) APPLICANT'S NAME & ADDRESS: BASS CAHN PROPERTIES P.O. BOX 5078 ASPEN, COLORADO 81612 970 920 -2277 6) REPRESENTATIVE: COLOMBO INTERNATIONAL, INC. 520 E. COOPER STE. 205 ASPEN, COLORADO 81611 970 - 925 -7806 7) TYPE OF APPLICATION: CONDITIONAL USE 8) DESCRIPTION OF EXISTING USE: OFFICE AND RETAIL SPACES INCLUDING 2,200 SQ. FT. MAIN LEVEL CURRENTLY OCCUPIED BY SLIFER DESIGNS - FURNISHINGS, SECOND LEVEL SPACES OF SLIFER OFFICES AT 520 SQ. FT. AND MCFADDEN/NASH FABRICS & UPHOLSTERY RETAIL SPACE OF 700 SQ. FT. 9) DESCRIPTION OF DEVELOPMENT APPLICATION: APPLICANT REQUEST A CONDITIONAL USE APPROVAL FOR RESTAURANT USE IN THE C -1 ZONE DISTRICT. 10) THE FOLLOWING ITEMS HAVE BEEN BEEN ADDRESSED IN THIS APPLICATION: ATTACHMENT 2, MINIMUM SUBMISSION CONTENTS ATTACHMENT 3, SPECIFIC SUBMISSION CONTENTS ATTACHMENT 4, REVIEW STANDARDS FORAPPLICATION BASS CAHN PROPERTIES, L.L.P. P.O. BOX 5078 ASPEN, COLORADO 81612 TEL: 970.920.2277 FAX 970.920.4787 May 1, 1997 City of Aspen Community Development 130 S. Galena Street Aspen, Colorado 81611 Re Authorization of Representation Dear Director of Community Development, Kindly accept this letter as authorization for James P. Columbo and Columbo International, Inc. to represent Bass Cahn Properties, L.L.P. in respect to our application for Conditional Use Approval at 601 E. Hopkins Avenue, Aspen, Colorado. Very truly yours, Bass Cahn Properti s, L.L.P. By: Hams AZartner Bassera l Partner By: How d P C=6 ment for Title Insurat,6e Issued By New York TRW Title Insurance Inc. New York TRW Title Insurance Inc., a New York Corporation, herein called the company, for a valuable con- sideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. IN WITNESS WHEREOF, New York TRW Title Insurance Inc. has caused this Commitment to be signed as of the effective date of Commitment shown in Schedule A, the Commitment to become valid when countersigned by an authorized signatory. Attest: New York TRW Title Insurance Inc. L V_-)(JS4a4 PRESIDENT ATTEST /r /yam, SECRETAR Countersigned: Zt.r, t� (3y Aufhorized offic or Agffic r Ag ALTA Commitment Form 1220 Pitkin County Title, Inc. 801 E. Hopldns aspen, 001ontdo 81611 NM6 (10185) C TmT FOR TITLE INSVRANCn SCMMIILB A 1. Effective Date: 06/16/94 at 08:30 A.M. 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form B -1970 (Rev. 10/90) Proposed Insured: BASS CAHN PROPERTIES (b) ALTA Loan Policy, (Rev. 10 -90) Proposed Insured: TO BE DETER14INED Case No. PCT -9104 Amount$ 2,120,000.00 Premium$ 2,097.00 Rate:Re -Issue Rate Amount$ 1,484,000.00 Premium$ 50.00 Rate: Tax Certificate $20.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: GARY G. TROYER and LESLIE J. TROYER 4. The land referred to in this Commitment is described as follows: LOTS A AND B, BLOCK 99, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. Countersigned at: PITKIN COUNTY TITLE, INC. Schedule A -PG.1 601 E. HOPKINS This Commitment is invalid ASPEN, CO. 81611 unless the Insuring 303 - 925 -1766 Provisions and Schedules Fax 303 - 925 -6527 A and B are attached. April 30, 1997 City of Aspen Community Development 130 S. Galena Aspen, CC 81611 RE: Authorization of representation Dear Director of Community Development, Please accept this letter as authorization for James P. Colombo and Colombo International, Inc. to represent both myself and the Bice Corporation in respect to our proposed Aspen location and operation. All questions and conditions should be addressed to Mr. Colombo concerning these matters. Sincere .A m • l`! 3 � J I O w • � _ Y ! 1S 11114 1 5 11 S 'i I I 1S 1VNI91b0 S i I I m= ° c ° ? O w O'o;ln trJ O (j D 0 C m !S 1VNI9110 S b b P t b n a n m o — e. < o ' • C a i o . I o p=io i i e — I ' I ,I i� is N01VNI i i i 15 N3ds l 1S 11114 1 5 11 S 'i I I 1S 1VNI91b0 S i I I m= ° c ° ? O w O'o;ln trJ O (j D 0 C m !S 1VNI9110 S b b P t b n a n m o — e. < o ' • C a i o . I 0 NJdYNO" S i T i t i T i 1S N3dSY S I 1S N3dSV S vv it • DESCRIPTION OF PROPOSAL The applicant is requesting 4MWb =awse approv I froar he City of Aspen for a restaurant which is an authorized conditional use in th i ne district as identified in Section 26.28.150 of the City of Aspen Land Use Regulati s. The existing building is currently a mixed use of retail and office space. The Main level of 2,200 sq. ft. is currently occupied by Slifer Designs a retail furnishings store.The second level is occupied currently by Slifer Designs Offices which has 520 sq. ft. and McFadden Nash Fabrics a retail fabric and upholstery store which has approximately 700 sq. ft. The applicant proposes to use the main level Slifer Design Showroom as a restaurant and kitchen facility and the second level areas of Slifer offices and McFadden /Nash as a bar and food preparation area. Other current uses in the building include the Maverick Ranch Office also on the second level and Aspen Title Corporation which occupies the upper level. REVIEW STANDARDS A. The proposal is consistent with the Aspen Area Comprehensive Plan and with the intent of the Zone District. The existing building is in the C -1 zone district and directy across the street (less than 50 feet from the CC zone district. A restaurant, as specified in Section 26.28.150 is an authorized conditional use. As a commercial use it is consistent with the existing and remaining uses of the building as well as the existing neighborhood. The proposal is primarily oriented toward the local community with local ownership, medium priced entries and appetizers and plans to stay open during the off seasons when most tourist oriented restaurants are closed. B. The proposal is consistent and compatible with the character of the immediate vicinity and surrounding land uses. The proposal is surrounded by office, retail and commerical use within the same buiding and to the north by the Alpine bank building and Stewart Title Company. To the south it is surrounded by Carol Ann Jacobson Real Estate,Pitkin County Bank and La Hostoria restaurant. To the west the applicant is surrounded byvarious commericial and office uses as well as Kenechi's Restaurant, Gieusseppi Wong Restaurant and Syzygy Restaurant. To the east are expensive, high end, absentee ownership townhouses which are oriented to the back of the building, away from all pedestrian areas, the entrances and public exposure. C. The location, size, design and operating characteristics of the proposed use minimizes adverse effects. Location: The proposed use is less than 50 feet from the CC zone district and is surrounded by restaurants and retail, commercial use. Size The proposed use represents no additional increase in the size of the existing structure and is within dimensional requirements for the zone district. Design and Operating Characteristics: The proposed use is orientated towards the CC zone district which is directly adjacent, less than 50 feet away. Entrance and pedestrian activity are oriented to the CC zone along Hunter St. Residential units which are high end absentee townhouses are associated only along the rear of the building, absent of window, door or pedestrian access. Visual Impacts The proposal calls for no external changes to the existing structure along streetscapes except awnings color changes. The proposed use call for increasein landscaping design along the northwest perimeter of the existing parcel more extensive screening at dumpster and trash areas and will in this way much improve the visual impacts that currently exist. � t1i ��P Impacts of Pedestrian and Vehicular circulation: The proposal will not effect pedestrian or vehicular circulation. But should greatly improve the experience of those circulations as a result of increased landscaping and screening of trash areas. Parking: Parking for the proposed use is ample. Parking along Hopkins St. in the 600 block is among the least used parking in the CC and C -1 zone districts. The 600 block of Hopkins is primarily vacated at 5pm as a result of office oriented businesses. Additional parking is opulently available along the 500 block Hopkins as well as along Hunter after 5pm . The proposed site is less than 3 blocks from the City Parking Garage. Trash: The applicant proposes to supply generous trash accommodations. In addition to the existing trash facilities which serve the needs of the existing tennants, the applicant proposes an additional trash facility and further proposes to enclose both trash facilties in a screening method which minimizes visual impacts. Service Delivery: Service delivery will occur along historic and well established routes. Service delivery shall be provided via the established alley routes which currently service La Hosteria, Kenechi's, Syzygy and The Hard Rock Cafe. Suppliers currently servicing these locations will service the applicant. No additional vehicles or additional suppliers will be necessary. Noise and Vibrations: There are no noise oriented conditions anticipated by the applicants proposal.The existing and proposed structure has ample dead air foyers to supress dining hour music and should be undetectable at pedestrian or street levels. The upstairs bar is oriented away from adjacent building and proposes no external openings for sound transmission. The applicant is sensitive to accoustic vibrations and will employ sound Beading techniques at external wall and ceilings. Odors: The applicant proposes a sofisticated and efficient hood and ducting system which will vent directly up to the roof area of the building, efficiently removing all odors at pedestrian and occupation levels. D. There are adequate plublic facilities and service to serve the conditional use including roads, patable water, sewer,m solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. CdNCt �e 2 E. The applicant's proposal is consistent with historic commercial use and employee using considerations. This commerical use to commerical use generates no incremental need for employee housing mitagation. F. The proposed conditional use complies with all additional standards imposed on it bOy the Aspen Area Comprehensiv Plan . 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