HomeMy WebLinkAboutcoa.lu.cu.601 E Hopkins.A34-972737-073-41-001 A34-97
601 E. Hopkings Conditional Use
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Aspen/Pitldn Community
Development Department
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5090
City Land Use Application Fees:
00113-63850-041
Deposit
-63855-042
Flat Fee
-63860-043
HPC
-63885-268
Public Right-of-Way
-63875-046
Zoning & Sign Permit
-MRO1 l
Use Tax
10000-67100-383
Park Dedication
15000-63050-480
AH Commercial
15000-63065482
AH Residential
County Land Use Application Fees:
00113-63800-033 Deposit
-63805-034 Flat Fee
-63820 037 Zoning
-63825-038 Board of Adjustment
Referral Fees:
001 13-63810-035
County Engineer
00115-63340-163
City Engineer '
62023-63340-190
Housing
00125-63340-205
Environmental Health
00113-63815-036
County Clerk
OO113-63812-212
Wildlife Officer
Sales:
00113-63830-039 County Code
-69000-145 Copy Fees
Other
Name: e'o j 8 w
Address: -ice 6 n Y 12 D io
Phone:
00
Total ��_
Date: / _ Check: 739 1
Project: TTT
Case No:
No. of Copies �m
I
CASF4WAD SUNIMARY SHEET - CITY OWPEN
DATE RECEIVED: 5/2/97 CASE # 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
APPLIC,-',NT:
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
S
GIS DISK RECEIVED:
ENV HEALTH
$155
ENV HEALTH
$155.
CLERK
$
CLERK
S
TYPE OF APPLICATION
TOTAL
$1345. TOTAL RCVD S 1345.
Staff Approval
REFERRALS:
❑ City Attorney
J City Engineer (DRC)
❑ Zoning
❑ Housing
,2 Environmental Health
❑ Parks
DATE REFERRED:
❑ Aspen Fire Marshal
❑ City Water
❑ City Electric
❑ Clean Air Board
❑ Open Space Board
❑ Other:
INITIALS:
❑ CDOT
❑ ACSD
❑ Holy Cross Electric
❑ Rocky Mtn Natural Gas
❑ Aspen School District
❑ Other:
DATE DUE:
APPROVAL: Ordinance/Resolution #r2 &V- Date:.,
Staff Approval Date:
Plat Recorded: Book , Page
CLOSED/FII.ED DATE: INITIALS: C
ROUTE TO: 665ti i���(�ii
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 #97 -
WHEREAS, The Community Development Department received an application
fruui 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 (C 1) 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 Lellowing
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.
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 PM10 mitigation plan
offsetting any increase in PM10 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.
APPROVED by the Commission at its regular meeting on July 1, 1997.
APPROVED AS TO FORM:
—t
City Attorney
ATTEST:
J61kie Lothian, Deputy City Clerk
PLANNING AND ZONING COMMISSION:
Sara Garton, Chair
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COMMISSIONER. STAFF AND PUBLIC COMMENT...........................................................................
MINUTES.....................................................................................................................................................................2
601 EAST HOPKINS - BASS CAHN PROPERTIES - CONDITIONAL USE - RESTAURANT .......................2
303 SOUTH CLEVELAND - LANDMARK DESIGNATION................................................................................5
HISTORIC LANDMARK MUTLI FAMILY CODE AMENDMENT..................................................................5
MARTEN RESIDENCE. LOT 1. BLOCK 46, CONDITIONAL USE FOR ADU AND RESIDENTIAL
DESIGNWAIVER......................................................................................................................................................6
ROWARS 8040 GREENLINE REVIEW. 131 SMUGGLER MT. RD., LOT 7 SUNNY PARK NORTH
SUBDIVISION(2737-074-01-007) .............................................................................................................................7
0 00
COMMISSION
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.
0
PLANNING &?ZOqkG COMMISSION • JULY 1, 1997
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 4th Street. Vicenzi replied
he did not but the newspaper article said the shuttles would commence and they
wanted to nip it in the bud.
MINUTES
MOTION: Roger Hunt moved to adopt the minutes of May 20, 1997.
Bob Blaich second. ALL IN FAVOR, APPROVED 7-0.
CONTINUED PUBLIC HEARING:
601 EAST HOPKINS - BASS CAHN PROPERTIES - CONDITIONAL USE -
RESTAURANT
Chris Bendon, staff, explained the property was zoned commercial (C 1) 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.
0
PLANNING & ?ZC&G COMMISSION 0 JULY 1, 1997
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 413 (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
4
COMMISSION _-- - •
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:
303 SOUTH CLEVELAND - LANDMARK DESIGNATION
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:
HISTORIC LANDMARK MUTLI FAMILY CODE AMENDMENT
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:
•
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
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Stan Clauson, Community Development Directo
Julie Ann Woods, Deputy Directo
r
FROM: Christopher Bendon, Planner
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 (C 1)
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.
•
11
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 (C 1). The purpose of the Commercial (C 1) 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
3
•
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
4
•
•
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.
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 PM10 mitigation plan
offsetting anv 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
r,
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
June 26, 1997."
ATTACHMENTS:
Exhibit "A" -- Review Criteria and Staff Findings
Exhibit "B" -- Referral Agency Comments
Exhibit "C" -- Application
Exhibit "D" -- Revisions to Application
5
•
•
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 (C 1) 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
A-1
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 Findings
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 Staffs 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.
A-4
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 C 1 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.
A-5
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
•
•
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
A-7
• 0 t*K- 15
To:
Thru:
From:
Date:
Re:
IMINIORAINDLIM
Chris Bendon. Project Planner
Nick Adeh, City Engineel/�t�/
Ross C. Soderstrom, Project Engineer
May 20, 1997
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 allev 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
DRCM 1197.DOC
Memo - 601 East Hopkins ConditioSe 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
DRCM 1197.DOC
7JN 25 'Sr 10:49AH ASFEN-iOUSING OFC
P.2
MEMORANDUM
TO: Chris Bendon, Community Development Department
FROM: Cindy Christensen, Housing Office
DATE: Ju�25,1
RE: 601 East Hopkins Conditional Use Application
Parcel ID No.
ISSUE: The applicant is requesting a Conditional Use approval for a restaurant, which is currently
a mixed uoe of reiali and office space. The appiivani pruputfub iu u=se t vd Fnlali-i iavGi as as
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 will be approximately 2600 square feet.
According to Section 26.60.040(E), Standards applicable to all conditional uses, the applicant
has to commit to supply affordable housing to meet the increased employees generated by
the conditional use. The applicant has decreased the size of the restaurant and the other office
areas, At this time, I do not Know what the actual calculations would be, but the following
standard shall be used in caiculating the number of full-tims equivalent employees generated by
the proposed development:
Commercial Core (CC) 3.50 to 5.25 employees/1,000 sq. ft. (net leasable), based
and Commercial (0-1); on review of the City Council's housing designee
RECOMUNDATION:
I here are two ways to calculate the mitigation required;
1. 5.25 - 3.5 = 1.75 additional pe, sq. ft.; '} sq. tt. divided by 1,000 sq. ft. X 1.75 = "
Z ` 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 the buydown ooncept;
3. Cash-in-lieu/Land-in-lieu (the preference of cash or land shall be determined or, a case 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 conditional use or a similar
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-
Cinder Christensen, 09:30 A 616197, 601 East Hopkins Referra
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
sz Consol o(afeo(c%nrfaflon�rsfricf
565 North Mill Street
Aspen, Colorado 81611
Tele. (970) 925-3 601 FAX #(970) 925-2537
S\• 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 6-
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 of 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 "St 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
•
•
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
nrnject wil_1 have some negative impact on the neighbcrhonrl anci
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
'D C-OLOM"BOD
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
June 23, 1997
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:
1. 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 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.
..- ----- -- EXISTINO CURS(SEE SURVEIL ----
EXISTING SIDEWALK
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PROPOSED MAIN FLOOR PLAN
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PROPOSED UPPER FLOOR PLAN
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NET LEASABLE SPACE = FLOOR AREA-(BAnIRUOW I-STAIRWAYC �-
CIRCUDUION CORRIDURS+MECHAMCALAREAS+STOFVI(,E) SCONCES----
1611.6S.F.-(NFTIf152A I-E) 5+30.33+0) PROPOSED MAIN FLOOR FLAN
1620.41 S.F.(NFT L.f_ASAf31.E) � SPEAKERS-
----------- --------------------- --4-U' WOOD COLUMNS --
KITCHEN
PgINTER---
TOTAL NET LEASABLE SPUPIE= MLOUR°OTT NEASABLE)ET PLE+ PHONE
--
=1626.41 S.F. + 550.5 S.F.
=2176.91 S.F.
•
NET LEASABLE SPACE = FLOOR AREA-(BATHROOMS+STAIRWAYS
+CIRCULATION CORRIDORS+MECHANICAL AREAS +STORAGE)
PROPOSED UPPER FLOOR PLAN
SCALE1/8 ---------------------------------------------------------
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COMMENTS «
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v1EMORANDUM
To: Chris Bendon, Project Planner
Thru: Nick Adeh, City Engineel,,�?�
From: Ross C. Soderstrom, Project Engineer
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.
1 OF 2
DRCM 1197.DOC
Memo - 601 East Hopkins Condiuwse 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
J!JN 25 'S7 10:49RN ASFEN HOUSING OFC.
• •
MEMORANDUM
TO: Chris Bendon, Community Development Department
FROM: Cindy Christensen, Housing Office
DATE: Jun�1997
RE: 601 East Hopkins Conditional Use Application
Parcel ILA No.
P.
ISSUE: The applicant is requesting 2 Conditional Use approval for a restaurant, which is currently
a mixed use of retail and office space. The applicant proposes to use the main ievei 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 will be approximately 2600 square feet.
According to Section 26.60.040(E), Standards applicable to all conditional uses, the applicant
has to commit to supply affordable housing to meet the increased employees generated by
the conditional use. The applicant has decreased the size of the restaurant and the other office
areas. At this time, I do not know what the actual calculations would be, but 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 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.; ? sq. ft. divided by 1,000 sq. ft. X 1.75 =
2, k divided by 1,000 X 3.5 = "'; ' divided by 1,000 X 5.26 = ***
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 the buydown concept;
3. Cash-in-IieulLand-in-Ileu (the preference of cash
analysis).
or land shall be determined on a case by case
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 conditional use or a similar
conditions! 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.
T31 10 ' S r 09: 49AM ASPEN MOUSING 0171
• •
P.1
MEMORANDUM
TO: Chris Bandon, Community Development Department
FROM: Cindy Christensen, Housing Office
DATE: TJune 10, 199? het.. —�� v, K—CA,- ,0
RE: 601 East Hopkins Conditional Use Application
Parcel ID No.
ISSUE: The applicant is requesting a Conditional Use approval for a restaurant, which is currently
a mixed use of retail and orrice space. i he 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: 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), Standards) applicable to all conditional uses, the applicant has to commit to
supply affordable housing to meet the increased employees generated by the oonditional
use. In order to calculate the mitigation required, the follm,%ling 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 employe 0sh ,000 sq. ft. (net leasable), based
and Commercial (C-1): on review of the City Council's housing designee
There are two ways to calculate the mitigate required:
1. 5.25 - 3.5 =1.75 additional per sq. ft.; 2,600 sq, ft. divided by 1,000 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 - 13.65
13.65-9.1=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, including the buydown concept.
3, Cash-in-lieu/t-andan-lieu (the preference of cash
analysis) .
or land shall be determined on a case by case
Staff would also recommend that any unit associated with mitigation tar this project be deed
restricted no higher than Category 1, as this falls within a restaurant/bar employee,
�s Co"a o(afeo�cSanrf�zfr'on �1sfrrcf
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 • 1.990
Regional and National
MEMORANDUM
To: Chris Bendon, Community Development Dept.
From: Betsey Kipp, Environmental Health Department 6-
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 of 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
s
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 drainaae 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
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
appl-cant is consiue.Liiiy 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 durinq the construction phase Of Lhis
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
FROM : COLOMBO INTL P- 71AF H0. 970 9-;n 3792
COLOMBO
INTERNATIONAL, INC
520 E. COOPER ASPEN, CO 81611
TFl � VO 06-7806 - -- - - FAX. 97o
David Jolen
Cindy Christensen
530 E. Main St iY� w Z:h..k
Aspen, CQ 61611 i'r
RE: 601 E_ Hopkins -Conditional Use Application
David, Cindy,
Parsuant to our meeting yesterday, June 24, 1997 with yourselves, Sunny
Vann and myself, the following is my understanding of acceptable conditions
ooncering employee housing mitagation requirements for the 601 E. Hopkins -
Conditional Use Application.
Mitagation can bo accomplished by currently owned or purchased
free market housing that would be deed restricted and leased to
catagory 2 employees, such lease would be excu-utM 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, heahh and safety concerns.
2. Mitagation can be accomplished by a leased free market hou" that
would be deed restricted in its use and rental amount and in turn would be
leased to a catagory 2 employee, such lease would be executed through
the Housing authority office. Such propety would have to be approved by
the Housing Authority as to meeting the minimurn
guideline requirements of size, health and safety concerns.
3_ Upon review by the Housing Authorty a properly meeting the criteria
as aforementioned could be subsituted for an alternate property meeting
the same criteria requircments at any given time.
4. Upon review by the Housing Authority that the Conditional Use which
necessitated the employee housing mitagntion has terminated, the
requirement of deed restriction upon such properties used in such
mitagation shall also be terminated.
F02
FROM : COLOMBO INTL PHONE NO. : 970 925 3792
• •
P03
801 E. Hopkins - Employee Housing mitagation Page Twn
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
Gxis 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; ChrisBendon
Sunny Vann
Howard Bass
Harris Cahn
• COLOMbO•
INTERNATIONAL, INC.
520 E. COOPER ASPEN, CO 81611
TEL: 970 925-7806
Chris Bendon
un
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:
1. 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
r 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 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.
%4?000
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NET LEASABLE SPACE=FLOOR AREA -(BATH ROOMS+STAI RWAYS
+CIRCULATION CORRIDORS+MECHANICAI-+STORAGE)
=2811.8 S.F.-(49.83+144+288.5+32.5+0)
=2296.97 S.F.(NET LEASABLE)
EXISTING CURB(SEE SURVEY)
EXISTING SIDEWALK
TOTAL NET LEASABLE SPACE=(MAIN FLOOR NET LEASABLE+
UPPER FLOOR NET LEASABLE)
=2296.97 S.F.+796.75 S.F.
=3093.72 S.F.
•
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DELIVERY ALLEY
EXISTING SIDEWALK
k �6
KITCHEN
_�-4w.cA mc*_ wu� caAb�h�p
NET LEASABLE SPACE = FLOOR AREA-(BATFIROOMS+S T AIRWAYS
+CIRCULATION CORRIDORS+MF-CHANICAL. AREAS+STORA3E)
SCONCES
=2811.8 S.F.-(218.5+152.08+784.5+30.33+0)
=1626.41 S.F.(NET LEASABLE)
PROPOSED MAIN FLOOR PLAN
SPEAKERS-
SCA, E 1,8"--------------------------------------------------------------------1' 0"
WOODCOLUMNS—
TOTAL NET LEASABLE SPACE=(MAIN FLOOR NET LEASABLE+
PRINTER -
UPPER FLOOR NET LEASABLE)
PHONE--
=1826.41 S.F. + 550.5 S.F.
=2176.91 S.F.
•
NET LEASABLE SPACE = FLOOR ARE A-(BATHROOMS+STA IRWAYS
+CIRCULATION CORRIDORS+MECHAN[CAL AREAS +STORAGE)
=947.5 S.F.-(100+147.5+0+0+149.5)
PROPOSED UPPER FLOOR PLAN
SCALE1/8------------------------------ -------------------------- ---------------------- - ------- -------- 1.-0.
•
•
TO:
THRU:
FROM
RE:
DATE:
MEMORANDUM
Aspen Planning and Zoning Commission
Stan Clauson, Community Development Director
Julie Ann Woods, Deputy Directo
Christopher Bendon, Planner
601 East Hopkins:
Conditional Use for a Restaurant (public hearing, continued from
6.3.97)
Commercial Use of Open Space
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:
"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
restaurant in the C 1 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 quests 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 300 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. Applying the
highest standard for employee generation, the 300 square feet would generate
1.575 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.
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 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.
FROM : CCLOMBO 7 h,TL PI UNE NO. : 970 9 3792 2
r 0
INTERNATIONAL. INC.
52C E. C(DOPEP ASPEN. CO B1611
_ -- — _-- — -- _ FAX: 970 925.3972
TEL: 97Q 925-7806
June 4, 1997
John Worcester -City Attorney
David Hoefer-Assistant City Attorne
City of Aspen
138 S. Galena
Aspen, CO 81611
RE: 601 E. Hopkins - Revicw of requirement for Employee Housing mitlgation
Dear John and David,
It is my understanding that the Planning and Zoning Commission has requested
that Community Development along with the Housing department review the
requirement for employee housing mitigation resulting trom a conditional use approval
from an oxisting commercial use to a new commercial use
In my opinion this is a legal interpretation of the Land Use Code. The Community
Development and planning staff as well as the Housing Director have already given
their opinon on this issue and they have specifically agreed with the applicant that
employee housing mitigation is not required when conditional use approval is given
from one commercial use to another commercial use and their is no increase in net
leasable.
I want to point out that every restaurant in tho C 1 zone district which has received
conditional use approval has not been required to mitigate employee housing
generated by the incremental increase of the conditional use.
These restaurants Include but are not limited to the fallowing-
L'Hosteria (Abetone's)
Wienerstube
Mezzaluna
Blue Maize (Silvercity Bar & Grill)
Uttie 011ie's
McStoriies
poppycocks(Commerical Lode district -conditional use approval)
Jour de Fete (Neighborhood Commerical district-conditial use approval)
Explorer Rook -store restaurant
FROM : CCLONBO =t',TL 7'.92 ti'3
it was also requested that Community Development staff research precedent in
which the Planning and Zoning Commission has imposed a condition upon
Conditional Use approval which requires employee housing mitigation based upon
Incremental need for increased employees It is the applicants position that such a
search should be limited to the past 2-3 years maxirnuiri, which would reflect current
City interpretation and wouid be consistent with this application. Some members of
the Planning and Zoning Commission have been sitting on this citizens appointed
board for over twenty years and though they may have some vague recollection
of conditions being applied in the past the applicant does not teei that this has beating
on current interpretation by the City.
Should the City at this time dec'oe to change its inierpreiauui1 01 L,1C tenttea ••J�
Code as it atiects this issue, it will be the applicants position that this represents
selective enforcement they are being held to a different standard than has been
imposed upon the aforementioned restaurants in the recent past and it would be the
appllcants pozi<tion that this is an unfair application of a different interpretation.
Sincerely,
JPC.ms
cc:
Stan Clauson
Howard Bass
Harris Cahn
Alberto Mastrangelo
TEL: 970 925-7806
COLOM"150
INTERNATIONAL, INC.
520 E. COOPER ASPEN, CO 81611
601 E. HOPKINS _ _
%vivvi i iy114 ujC HI't'LII�H 1 IVN
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
FAX: 970 925-3972
C7
•
ATTACHMENT 1
LAND USE APPLICATION FORM
1) PROJECT NAME: BICE
2) PROJECT LOCATION: 601 E. HOPKINS
3) PRESENT ZONING: 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 SO. FT. MAIN LEVEL
CURRENTLY OCCUPIED BY SLIFER DESIGNS -FURNISHINGS,
SECOND LEVEL SPACES OF SLIFER OFFICES AT 520 SO. FT. AND MCFADDEN/NASH
FABRICS & UPHOLSTERY RETAIL SPACE OF 700 SO. 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
ATTACHMENT4, REVIEW STANDARDS FOR APPLICATION
0 •
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. Gaiena 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:
=Bass,-G�eral
l Partner
By:Partner
/tIW
ComrAment for Title Insura*e
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:
Countersigned
By
Q20
Authorized Officer or
New York TRW
Title Insurance Inc.
PRESIDENT
ATTEST d�
SECRETARY
ALTA Commitment Form
Pitkin County Title, Inc.
M E. Hopldns p��1
A"n, C010Mft 81011 NM6 (10/85)
ALTMNT FOR TITL$ INSURAN
S®ULE A
1. Effective Date: 06/16/94 at 08:30 A.M.
Case No. PCT-9104
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
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.
�tw 64n bw iikv
April 30, 1997
City of Aspen
Community Development
134 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.
Sincerely, //
lz�r /
Ro> orto Rugger�iPresid
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1 9 9 6 C, i r y j Aspen
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-601-'HOPKINS AV UE
ASPEN,COLORADO
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DESCRIPTION OF PROPOSAL
The applicant is requesting Conditional Use ap
proval I from the City of Aspen for a
restaurant which is an authorized conditional use in th-1 zone district as identified
in Section 26.28.150 of the City of Aspen Land Use Reniilationc
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 directv
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 exi.qtinn
neighborhood. The pro- - i� I�rimnr1l., ._:_._.
- n � - ;Iy �C1 �LeU 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.
wV42 44
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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 deading 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.
E� The applicant's proposal is consistent with historic commercial use and employee
housing 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
bay the Aspen Area Comprehensive Plan .
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