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HomeMy WebLinkAboutLand Use Case.312 S Mill St.1979-CU-21979-cv- :? PINBALL PAL E, MENT ARCAD 312 CHILDRENS AMUSE S. MILL STREET 0 U 506 E. MAIN STREET To: R. Grice, Planning Office ASPEN, COLORADO 81611 From: Alice Falkenstein, Youth & Shelter Program D�y Re: Pinball Palace Date: July 28, 1979 This is in response to your June 25, 1979, memo requesting information and opinion regarding the value of the Pinball Palace. I am not very familiar with the operation at the Pinball Palace. My observations indicated a well -run business (machines in working condition, customers enjoying the activity). My conversations with youth indicate that it is an available place for youth to spend time. Drugs are used there and other serious problems do occur. There could be more supervision in a youth -oriented establishment. Perhaps this can be arranged with the owners. My bias is that the Pinball Palace operation should be part of a larger youth activities program. I strongly believe that any establishment that attracts youth in large numbers must be extremely well staffed, not only policed but supervised, by adults who can organize and relate to young people. But my bias is as a social worker, not an entrepreneur. Perhaps some combination of the two can work in Aspen, since the Pinball Palace is one of the few, if any, youth activity centers. It is a good place to locate youth and "reach" them for a variety of ventures. AF:md AL FPS rjr4 July 27th, 1979 City Manager City of Aspen Aspen, Co. 81611 Dear City Manager: ' G o " It is my understanding that there is to be a meeting reviewing the Pinball Palace sometime in the near future. I would appreciate if if you would put this letter in the appropriate file and read it at the meeting where the Pinball Palace is discussed. I am the Manager of the Roaring Fork Building in the mall at 415 E. Hyman Street. Our building has an outdoor arcade between it and the Paragon Building. Since the opening of the Pinball Palace, we have had repeated vandalism in our arcade and exposed hallways. I have been told that the police department feels our problem is a direct result of the Pinball Palace being located right down the alleyway from us. I am inclined to agree with this theory, because most of the vandalism appears to have been done by young people. Match box fires have been started in our hallways, burning the carpet. Ink was poured all over our white hallway walls, which had to be repainted. Pictures, which were bolted into the brick arcade walls, were stolen and beer bottles and joint butts are found in the exposed hallways often. Evidently, the Pinball Palace is not attracting a very good crowd of Aspen youth. As an interested community member and as an Aspen parent,I see no redeeming value in a place filled with pinball machines where children can gather without supervision. I would like to see these problems brought up in your review meeting. Thank you. /dsf Yours truly, _ DonaFisher Manager/Roaring Fork Bldg. 415 East Hyman - Suite 201 Aspen, Colorado M611 303/925- 4044 PUBLIC NOTICE Re: Pinball Palace Conditional Use Annual Review NOTICE IS HEREBY GIVEN that there will be a public hearing before the Aspen Planning and Zoning Commission on Tuesday, July 31, 1979, at a meeting to begin at 5:00 P.M. in the City Council Chambers, 2nd Floor, City Hall, 130 South Galena, Aspen, to consider whether the operation of the Pinball Palace has been conducted as represented in the application as well as to review the concerns of the potential impact on the community and the objections voiced by the surrounding property owners and business operators. The Pinball Palace is located at 312 South Mill Street. Further information may be obtained at the Planning Office, 130 South Galena, Aspen, 925-2020, ext. 223. /s/ Olaf Hedstrom Olaf Hedstrom,Acting Chairman Aspen Planning and Zoning Commission Published in the Aspen Times on July 12, 1979. To be billed under City of Aspen fund. N � 6 4A - Ef ASS yr e-L �.�.<.d' r/�Z..� U _ p /rr„e �wr�vii atiF , C2�2- - A� P,Z,4-� /� «vim -Ce� fin-, ram, �c� �`v✓�� 0 MEMORANDUM • TO: Aspen Planning and Zonong Commission FROM: Richard Grice, Planning Office RE: Pinball Palace - Childrens' Amusement Arcade - Conditional Use Hearing DATE: July 25, 1979 On July 20, 1978, the Aspen Planning and Zoning Commission granted approval of an application for Childrens' Amusement Arcade (Pinball Palace) at 312 South Mill Street, subject to a one year review at the Commission's option to consider whether the operation has been conducted as represented in the application and as well as to review the concerns of the potential impact on the community and the objections voiced by the surrounding property owners and business operators. Mr. Bert Bidwell recently contacted the Planning Office with a request that the Commission exercise this option for a one year review of that operation. On June 19, 1979, this Commission voted to exercise its option to re -review the Pinball Palace and asked the Planning Office to notify interested persons and schedule a public hearing. Referral was made to John Goodwin of the Aspen Police Department, Pete Murphy of the Pitkin County Sheriff's Department, Alice Falkenstein of the Youth and Shelter Program and the Pitkin County Youth Board. As of this date the Planning Office has received comment from none of these persons or agencies. We hope that they will be present at this public hearing to discuss their views. In addition, notice was mailed to all property owners within 300 feet of the subject property in accordance with 2-22 of the Aspen Municipal Code. Aspen/Pitki ning Office 130 so ga ena street aspen _81611 MEMORANDUM TO: John Goodwin, Aspen Police Department Pete Murphy, Pitkin County Sheriff's Department Alice Falkenstein, Youth and Shelter Program Pitkin County Youth Board FROM: Richard Grice, Planning Office RE: The Pinball Palace - Conditional Use Hearing DATE: June 25, 1979 About a year ago, the Aspen Planning and Zoning Commission granted approval for the opening of the Pinball Palace as a conditional use in the Commercial Core. As a condition of that approval, the P and Z reserved the right to re -review the use at the end of the first year of operation. A number of downtown businessmen have requested the P and Z to exercise its option and conduct a hearing in order to take a second look at the operation of the Pinball Palace. The purpose for directing this memorandum to each of you is to request information and your opinion regarding the value of the Pinball Palace. The Planning Office recognizes the need for youth oriented facilities in the downtown area, but we are not sure that the Pinball Palace is the answer to the problem of the community's kids. A public hearing is scheduled to be held before the Aspen Planning and Zoning Commission on July 31, 1979 at 5:00 P.M. The Planning Office would like to include the written comments of each of you in the Commission's packet of written materials for that day. In order to do so we will need your written comments returned to the Planning Office no later than July 25, 1979. In addition, we hope that as many of you as possible will be able to attend the public hearing in order to express your opinions verbally. Page 14-C The Aspen Times June 21, 1979 Pinball Palace face another PZ The scheduling of a public hear- ing to review use of the Pinball Palace on Mill Street, and ap- proval of a new R-15 residential zoning district category, were among actions taken by Aspen's planning and zoning commission Tuesday. At the request of Bert Bidwell, a property owner in the same block, and Gary Plumley, business owner, a public hearing was slated for July 31 to review the conditional use for the youth - oriented pinball center. Bidwell reminded the commis- sion that when it approved the conditional use in June 1978, it did so subject to a review in one year. At the time the conditional use was approved Bidwell presented a petition objecting to the use signed by several businessmen in the block. Joining the opposition to the pinball center at that time were Gale Spence, Fritz Lindner, Amelia Kopf, Werner Kuster, Wendy Morse, Guido and Trudy Meyer and Willie Gibbs. Tuesday Bidwell told the com- mission that he, as well as Lind- ner, Plumley and Rick Henry, felt that the manner of operation and noise generated by the operation warranted reivew by the commis- sion. Plumley explained that since the center had opened, he had noticed more children in the alley, pilferage from trucks in the alley had increased, and he had found kids in the back of his liquor store. review 0 • BRADPORD PUBLISHING CO., DENVER RECORD OF PROCEEDINGS Regular Meeting Aspen Planning and Zoning Commission June 20, 1978 Use Determination & Conditional Use Public Hearing, Village Pantry - Childrens Amusement Arcade would need more employees with this no. Collins asked the status of the single family lots. Huss said they are undeveloped, unsold, and they do not have any plans for them presently. He said there are 9 single family lots and one duplex lot. He noted there are 20 condominiums on 2 building sites; 2, 3 and 4 bedroom units, all sold with a condominium association. The residents agree with this expansion. There are 80 employee, 15 hours a day, 7 days a week with two shifts. Collins asked if there is any on site employee housing. Huss stated that they use the Benedict residence. They are interested in putting in some employee housing. Collins asked if they expansion. Huss said Collins asked if Ute Avenue continues past the Club. Anderson said it continues but it is not a public right- of-way. Smith noted that there is no requirement for a public hearing for a PUD amendment if P&Z and Council recommend approval. They will need a public hearing for the conditional use hearing. She also noted that they need two motions to approve this. Ensign asked if they should take action on this now if they need a conditional use hearing. Smith said they can condition the PUD amend- ment on conditional use approval. Welton Anderson asked how many people are on site now during a heavy usage period and how many they anticipate with this expansion. Huss said they are averaging 300/day and 50-60 at any one time. They anticipate growing to 1,600-1,700 members with 400-450/day and 70-80 at any one time. They may expand their hours for the early morning people. Klar asked how much they must be booked to break even. Huss said they must have between 75-80% usage of the club and not exceed 80%. He noted that most members use the club between 3-3� times a week with some out there every day. Their hours are 7AM-10PM. Hedstrom moved to recommend approval of the Callahan PUD amendment as set forth in the letter of May 24. 1978, from Garfield and Hecht, inasmuch as it has been shown that conditions have changed sufficiently to warrant such amend- ments and subject to the following conditions: 1) develop- ment of a city transit system subsidized by the Aspen Club and by initiation of charger for parking and other parking restrictions satisfactory to the City Transportation Direc- tor and the Planning Office, 2) securing approval o:= con- ditional use for this expansion, Ensign seconded, All in favor, motion approved. Hedstrom moved to except under Section 20-19, the Callahan PUD from full application to subdivision regulation;3 sub- ject to satifaction of the engineering Department's requirements set forth in the memorandum of June 16, 1978, Ensign seconded. All in favor,.motion approved, Grice introduced the application. He noted that P&Z must find that a childrens amusement arcade belongs in the definition of recreational and entertainment establishments which are a conditional use in the CC zone. He noted that this is a commercial arcade and does not coincide with a -teen center. He noted the similarity between this appli- cation and Alice's Alley although there will be no alcohol served or permitted. Betty Erikson, County Human Resources Coordinator, felt this is an excellent location and en- dorsed a facility in the coitunercial core for children. Grice agreed with this and did not feel it could generate any more noise than any bar in town. Grice noted a similar application named the Whale of a Wash Teen Center, This was approved conditioned upon the right of the P&Z to re -review the application after one year to consider the Regular Meeting Aspen Planning and 'Zoning Commission June 20, 1978 impacts, supervision and hours of operation. He suggested similar conditions. Lori Paterson of the City Recreation Department noted that the City Teen Center will be closed for the summer. She felt that a commercial operation might do better and serve the same purpose as -the Teen Center. The Planning Office recommends approval. Ashley Anderson, representing the applicant, felt it was not a Teen Center. He submitted a picture of what they have in mind; skiball, pinball, etc. There will be no alcohol. There will be adult supervision. Klar asked if the adult supervision will be someone serving hot dogs, etc. Anderson said yes. Grice read the con- ditional uses in the CC District. He felt this was closest to a social hall. Nuttall felt this was a very close question but did feel it a conditional use. Klar asked if there are any regulations on keeping the doors closed to the outside. Nuttall said there are ordinances regu- lating noise but not specifically doors. Hedstrom moved that the commission determine that the Childrens Amusement Arcade consisting of amusement games such as foosball, skiball, video games and related type activities with the added facilities for the serving of snacks and soft drinks be a conditional use under Section 24-3.2, Anderson seconded. All in favor, motion approved. Collins opened the public hearing. Anderson read a letter from John Stoller, on behalf of Donald J. Fleisher Company, stating they did not object to.this operation at this location. s' Bert Bidwell Bidwell owns lot QRS, Block 89. He questioned whether legal notice had been given to the property owners. Smith noted that notice may be legally given if hand delivered 5 days before the hearing. Bidwell submitted a petition requesting that P&Z deny the application. They feel this will have a negative effect on downtown Aspen and will attract youngsters downtown. They feel these children should stay out of the downtown area. They feel this will turn Aspen into a sort of "Manitou Springs". This was signed by Bidwell, Gale Spence(.lot L&M, Block 89), Fritz Lindner(lot A, Block 89), Emilia Kopf(lot B, Block 89), Warner Kuster(lot NOP, Block 89), Wendy Morse - (lot IFJ, Block 82), Guido and Trudy Meyer(5 lots, Block 9( Willie Gibbs(lot B, Block 89). He felt he could get every- one within a 300 foot radius to sign the petition, Martin Hershey Hershey understands that Bidwell wants to keep the kids out of the downtown area. He noted that he is an investor in this operation. He noted that he spoke with Warner Kuster and he had no objections to this operation, He stated that there is nothing for kids in the downtown dis- trict. The main problems in Aspen come from the people in the bars. He suggested a condition that they come back foi review in one year. He noted that this is not to take money from the kids, it is to find a place that kids can enjoy so as not to exclude them, Collins.asked if this would be restricted to certain ages, Hershey estimated that it would attract kids from 8--13 but there will be no restrictions. Klar said she had trouble with kids between 8-13 out after 10 PM. Anderson said that if a kid is out after 10 PM, that is the parents responsibility. He noted that they will be open to every- one. Hershey noted that if there is a seven or eight RECORD OF PROCEEDINGS DRAUPORD PUBLISHING CO. DENVER Regular Meeting Aspen Planning and Zoning Commission June 20, 1978 year old kid out after 9 PM or so, their parents will get a call. He does not feel they will have any problems con- trolling this operation. John Ry = RyheS R heS fty4irfi noted that the Ice Palace closes at a proper hour. He felt that if kids are in the downtown area, they will be influenced by the others as kids are easily influenced. He felt if they want to give something to the kids, don't take their money. He felt if it is open to all ages, it is not a teen center. He noted that he is head of the Red Cross instructional games. Bert Bidwell Bidwell felt this is not an appropriate place for a teen center. He suggested the old hospital, the community church. He felt this will be a bad scene. Grice noted that many of his friends bring their kids with them to the downtown area and bring them into the bars. He would rather see these kids go around the corner and have some entertainment of their own. He felt the commu- nity church is too far. Collins asked if they have a plan layout. Anderson said no. He noted that is about 1200 sgft, Welton Anderson noted that many people that visit in Aspen have trouble finding things for their kids to do. He was concerned with the visual impact, He asked if they could keep the amusement arcade image from emanating from that corner. Ensign noted that there is a sign and noise ordi- nance. Klar agreed but felt that the one year review is a good control. Ashley Anderson said they had no problem with a one year review. Grice read the conditions for the previous approval of a similar operation with a one year review. Collins felt there may be a conflict in trying to accommodate the business community and these type of operations. He noted -that they have never had a successful teen center. Hedstrom felt there is a real need for this but was not 2s re this is the right place, Welton Anderson disagreed. . �— c4 cannot exclude children, Collins noted that kids come to town with their parents anyway. Collins closed the public hearing, Collins asked Dunlop if they must consume the food on the premises. Dunlop said that liquor must be in a specific area but that food may be removed. Hedstrom asked if they should make any hour restrictions in the approval. Collins noted that the applicant specified hours in their applica- tion. Nuttall said these were appropriate. Ashley Anderson asked that they extend it to 11 PM on weekdays since that is curfew. John %'�NeS A Ma rG asked if the motion would reflect that this is a teen center directed to the teens of Aspen. Ashley Anderson said that they want it open to everyone with the emphasis toward kids. ''John!' did not feel this would be for the kids if it is open to everyone, He felt that making money off kids 8-18 was one thing and making money off everyone was something else. He noted that the notice passed around town said this is a childrens amuse- ment center. Klar noted that they can review this in one year. Nuttall noted that they cannot anticipate ail the concerns now. They must wait until the review to see ,the problems. Hedstrom asked what if it changes into an adult center. Ensign did not feel this a problem if there is no liquor license. Regular Meeting Aspen Planning and Zoning Commission June 20, 1978 Hedstrom moved to grant approval of the application for a Childrens Amusement Arcade at 312 S. Mill subject to review at the commission's option to consider whether the operation has been conducted as represented in the appli- cation, paragraph 3, items 1-6, and if there occurs objectionable noise, pedestrian travel congestion, and other adverse impacts on the neighborhood. This one year option review is made because of our concerns of the potential impact on'the community and the objections voiced by the surrounding property owners and business operators. The approval is granted on the basis that, as submitted and proposed, the business is compatible with the surrounding land uses, Ensign seconded. All in favor, motion approved. Bank of Aspen, Grice introduced the application. He noted that P&Z deter. Conditional Use mined a financial institution is a business office which L Public Hearing a conditional use in the NC zone. They propose a branch bank with no drive up window. The Planning Office feels -- this is an appropriate use at this location. Grice noted that the approved SPA overlay final plat states that the allowed uses are the same as those in the SCI and NC zones Nick McGrath, representing the applicant, noted that,the P&Z made the same determination for Aspen Savings and Loan He stated that there will be no, drive through window and no loans at this site. Collins asked if there are any specific uses listed in.the SPA. Grice said just those in the SCI and NC zones. Collins opened the public hearing. There were no comments from the public. Collins closed the public hearing. Anderson asked if they intend to keep the main branch where it is. McGrath said yes, they must by state law, Hedstrom moved to approve the conditional use application of the Bank of Aspen for a detached bank facility in the Trueman Property inasmuch as it meets and conforms to the requirements of Section 24-3.3 of the Code, Ensign seconder All in favor, motion approved. Parry Condominiumi- Grice introduced the application. He noted that Ellis zation, Subdivision had no problems and recommends approval without condition. Exemption Danielson noted that one side is occupied by the owner, the occupants of the other side ask that the unit not be sold for one year and that there be no rent increases for one year. Danielson felt that in one year it would be solo for $130,000 thus removing it from the employee housing market. The Planning Office recommends approval. Collins asked the location. Parry said it is off Snow bunny Lane on the golf course. Hedstrom moved to recommend exemption of the condominiumi- zation of a duplex located on Lot 25, West Aspen Subdivi- sion, Filing #1, from the strict application of the sub- division regulations inasmuch as the intent and purposes of the regulations have been met and subject to the con- ditions offered by the applicant in paragraph 4, items 1-5, of his application dated May 12, 1978, Ensign seconder All in favor, motion approved. Transportation Collins asked that they postpone action on the report Committee of the transportation corm-nittee to their next regular Report meeting. Anderson moved to adjourn the meeting, Ensign seconded, All in favor, motion approved, Meeting adjourned at 7:30 PM. Sheryl immen, Deputy City Clerk • • FROM: KE: MEMOR-AN.DUM a e Ellis, City Engineer Tens Dunlop, Enviornmental Health Dorothy Nuttall, City Attorney Richard Grice, Planning Office Conditional Use Permit for the Amusement Arcade in the Village Pantry. This item is tentatively scheduled on the P & Z agenda for June 20, 1978. Could I please have your comments the week prior. Thanks. �o���� sr 0 • MEMORANDUM TO: 03ve Ellis, City Engineer Toni Dunlop, Enviornmental Health -Dorothy Nuttall, City Attorney FROM: Richard Grice, Planning Office kE: Conditional Use Permit for the Amusement Arcade in the Village Pantry. This item is tentatively scheduled on the P & Z agenda for June 20, 1978. Could I please have your comments the week prior. Thanks. sr, t\")- C uA,S c-� 0ccuPC�,-k��, , S�Q�,1vi5��d". June 21, 1979 The Aspen Time Do kids needadult entertainment too?* by Pauli Hayes In the wake of the kids and drugs controversy comes a series of community meetings, concern- ing kids and crime and drugs and what can be done. The meetings are sponsored by the Pitkin County Youth Board and are held Thursdays at 4 pm at the Community Center. Teens, parents, individuals from agencies, visitors to Aspen, and anyone concerned with the needs of Aspen youth are invited to share their ideas. Last week's meeting focused on two separate but related issues. One is the possibility of a govern- ment grant to fund anti -crime programs. The other is the idea of setting up programs for youth, re- gardless of funding. Alice Falkenstein, director of the county Youth and Shelter Program, disclosed that a grant is available from the Law Enforce- ment Assistance Administration, to provide funds for community - administered anti -crime prog- rams. Give Teens Responsibility She says that ideally, the grant could be coordinated with youth in Aspen, so that they could have a large part in preventing crime in town. The group agreed that regard- less of the grant possibility, there is a need to come up with prog- rams and activities for teens in the Aspen area. Most of the people present at the meeting expressed interest in helping brainstorm for ideas, and helping to put programs into ac- tion. At the meeting were counselors from the schools, mental health counselors, a few parents, indi- viduals from the police and sheriff's departments and other public agencies, boy scout leaders, and one teen. Is There A Problem? John Goodwin from the police department stated that we need to first determine if there really is a problem with kids. Even though the community has discussed the issue recently at great length, people are still un- sure whether a major problem exists with kids in Aspen. Major questions still being asked are where can kids go? What can they do? Where can they find nighttime entertain- ment? Many of Aspen's teens, accord- ing to their one representative Jennifer Sherwin, are angry that adults have such a wide variety of entertanment, and teens have virtually none. It wouldn't be such a problem, said Goodwin, in a community where there was not so much adult entertainment. But the fact that the adults have it makes it more visible to teens, and they feel left out. Drugs Are Diversion If there was more for teens to do, the group agreed, drugs might not be so widely used. But as things now exist, drugs provide one di- version in the search for meaning- ful and viable alternatives. A Parent brought up the idea of using part of the Community Center for Aspen's teenagers. Sherwin objected, and said that her feelings are shared by many of Aspen's teens. "Who wants to hang around the Community Center," someone echoed. Sherwin said the teens want to be downtown, around adults, and not always with the people that they hang around with in school. The group agreed that exciting programs are one way to fill the need for. things for teens to do. Falkenstein suggested a Soda Shop, where kids could work and also organize anti -crime prog- rams in addition to making money. Professional Programs She also suggested more drama programs for teens. And she said that programs are being planned by professionals. Some of the plans include medical training with Dr Ann Mass, legal counsel with John Goodwin, psychological counsel with Aspen Mental Health, sex counsel with the Vis- iting Nurses, and a Hot Line through the Youth Board. Goodwin brought up the skateboard park that has been suggested for several years. He told how kids petitioned for such a park, and how they were turned down by the city council. He commented that the council has the money for a skateboard area, and the group agreed that the idea should be a priority. Junior Ski Patrol Another idea was a junior ski patrol, both to teach teens respon- sibility as well as to provide out- of-doors action and rewarding work. John McBride said that he has been struggling with the hockey Programs, because it has been dif- ficult to get any money out of the city or the county to fund .the programs. He said he feels there is a need for programs such as hockey, to provide activities for kids who cannot afford expensive diver- sions. The final consensus of the group is that some model programs should be initiated, in direct con- tradiction to Aspen's reputation • as Cocaine Capital of the World. "How about Cultural Capital of the World, if we have to have a label," a visitor suggested. MEM0AA•NDUM TO: ua%--e Ellis, City Engineer Toni Dunlop, Enviornmental Health Dorothy Nuttall, City Attorney FROM: Richard Grice, Planning Office kE: Conditional Use Permit for the Amusement Arcade in the Village Pantry. This item is tentatively scheduled on the P & Z agenda for June 20, 1978. Could I please have your comments the week prior. Thanks. sr 1J�l`JA'��SA�e2te� - ball A �Ovl �G 144 --- M 11, MOr;>>lZl)UM TO: Aspen P&Z FROM: Planni'IIg Office.,. Richard Gr.i.ce Rr: Conditional.. Use for Amu ement Arcade i.n•the Village Pantry DATE: June 14, 1978 `Phis is a public hearing to consider the conditional use request for a "Children's Amusement Arcade" to be located in what is now the "Vill-age Pantry". The proposal. is "to use the space for amusement games such as foosball, skibal_l, video games and other related activities". "There will. be refreshments sold either through vending machines or a snack bar but no alcohol will. be available." The applicant's attorney, Ashley Anderson, suggests in his letter of application that this proposal is the same as "I'-1halc of. a Wash" teen center for which the P&Z in 1975 made a use det:e.rmin- ation which resulted in including teen centers ill the definitionof a recreational club. TIowever, while there are similarities in the two applications, the planning Office feels that the differences' are substantial enough to require a use determination as well as conditional approval of this "Children's Amusement Arcade". Specifically, the operational plan for the teen center which was approved included "special events" such as talent nights and other .similar kinds of organized entertainment: usually found in teen centers. it came with an endorsement from the Aspen high School Student Council. Also, the supervision proposed is quite diff--�rent.'- This application offers that an adult supervisor will be present. Tiie referenced teen center_ application came equipped with endor_ :;e- ment as well as the volunteering of tircC for supervision from Tim Col,istock, advisor to the Aspen high -School_ Student Council mete Murphy, City juvenile, officer; Greg Andcl::son, Assistant . Pastor and Youth- director of the Conununity Church and a director of Open. Door; Helen Klanderud, director of 'Touchstone Mental Health Clinic; Al Cluck, P.-E. instructor at Aspen Elementary School; Ruth Ganz, psychiatric social corker who has researched extensively Aspen's need for a teen• center; and Greg Rulon, County juvenile officer. We are providing this information in order _o keep the record straight and not for pl:.rposcs of denial. In fact, the Planning Office recomnlclldation is for approvalof the proposal. We feel that it is necessary that this commission first nlz,ke a use determination that "Children's Amusement Arcade" belongs within the definition of lecreational Club. It is our feeling that, in view of the presence of such similar cstablislvliont , ill the CC District as Alice's Alle}�, slicli Z use determination is clearly justi.f:i.ablc�. ^he real question is undor what conditions should the conditional approval be grantcd? Conditional uscs liistorically al-o uses that could be a-problc•In in the arczl if i-yoy WCNren't properly regulated with additioIYal conditions. :Ircas of concern %'.11i ch ,;hould b.c addressed to tllc sat:isfactioll of the COl1C:li_ssion are as follows: (1) M0IMg0111c'nt: CJoais and operational procedures (1). Noiso. 9L,no.rat:1011 (3) llollrs of opora t i on (4) Adegiia to June 14, 1978 Paue 7. (5) Adjacent property owner concerns (notice was hand del.iver_cd by the applicant to all owners within 300 feet of the Village Pantry) Ashley Anderson,'as well as the applicants' themselves, will be prosent at the meeting on 'Tuesday to answer any questions you may have regarding the proposed operation. RG:mc 0 A 0 • iiA1C1''11OA) �'�: Ili-;( irr A •1•'/",. it t4 V 1, AT I, A W dH'11MIAN 11VUAI(17 111111,111N(1 ' 661 N'A119• IIYMAN AYISNIIIS 14KC01':11 111.1101t AHI'I:N, (.'(11.(11(AF1O N16)1 RONALU (IA1111111, It ANhI<IaY v. ncl�n•r A1411I.1',Y AM11:ICH(IN CII)iVi1'UI'll VU t:. HOb11.1K1t P £! COMmissi.on c/o Aspen City Hall 130 South Galena - Aspen, Colorado 31611 Dear P & 7, Member: May 1-8 , 1078 This is an Application by }coward Feinberg, Dr. Robert Magoon and Martin }iel: shey for a Conditional. Use Permit, pursuant to 24-3.3 of the Aspen City Code. Specifically, the Applicants request a Permit to place a children's amusement arcade in what is now the "Villa(je Pantry" located at 312 South Mill, Aspen. The location is pr.eseDt-ly zoned CC. According to Section 24-3.2 of the Aspen City Code, the intention of that zone is "to allow the use of land for retail. and service commercial, recreation and institutional purposes with customary accessory uses to enhance the business and service character in the central core of the City." I;isted as conditional uses in the CC zone are I'recreatignal and entertainment establishments limited to the folloving and similar uses; business, fraternal or social club or -.hall; ice or roller skating rin):s; shop -craft industry; gasoline service station; provided all operations are conducted within the principal building or structure'. The character of the Applicant's operation will -be as follows: 1'. The usable space in the facility is approximately 1,000 square feet. 2. The Applicants propose to use the space for amusement games such as foosball, skiball, video gamcs, and other related type activities." 3. They will be open from approximately 12:00 noon until 10:00 p.m. on weekdays and 12:00 noon urti7. 12:00 midnight on weekends. 4. Refreshments will be served either through soda vending machines or a snack bar facility. The ':,nack bar may -also include such short order items as hot dogs. 5. There will. be no alcohol allowoel on the promises. 1 ' may Page '1.'wo G. There will be at lr.zlst oaic rued per)'�'Ps more adult employees on thu prcmires zit all ti.nlcs. The Applicant; subrni.ts; that. the ;Above -loser. i.becl use clearly complies with al.). condition.,; for a condit:i.onul use zs sc t fort}i i.n 24-3. 3 (h) . That i S, the. proposed use other. - wise corupl.ie.s wi.t_h all the requirementr: iinpo,, Od by the Zoning Code; the proposed use is consistent with the objectives and purpose.-, of the CC zone in that it clearly is a 11,e devoted to recreation; and finally, the proposed use is clearly designed to be compatible with surrounding land uses since the surrounding area is one primarily of restaurants, retail 'shops and other commercial enter.pri.scs including Alice's Alley which is a use closely akin to that described above. In addition to the fact that the above -described use meets all conditions of the Code, there is precedent for such a u'se in the CC zone. In 1975, George Parry applied for a Condi.- tional Use Permit for a Tenn Center �Ath pinball machines and pool tables to be located in a 1700 square foot addition to the Whale of a Wash. That permit was granted. The hppl.icants thank you very much for your cooperation and respectfully request your approval of this Application. Sincerely -yours, GARFIELD & HECHT Ashley Anderson, Attorney for the Applicants M E M O R A N D U M TO: Aspen P&Z FROM: Planning Office, Richard Grice RE: Conditional Use for Amusement Arcade in the Village Pantry DATE: June 14, 1978 This is a public hearing to consider the conditional use request for a "Children's Amusement Arcade" to be located in what is now the "Village Pantry". The proposal is "to use the space for amusement games such as foosball, skiball, video games and other related activities". "There will be refreshments sold either through vending machines or a snack bar but no alcohol will be available." 'he applicant's attorney, Ashley Anderson, suggests in his letter of application that this proposal is the same as "1hale of a Wash" teen center for which the P&Z in 1975 made a use determin- ation which resulted in including teen centers in the definition of a recreational club. =Iowever, while there are similarities in the two applications, the Planning Office feels that the differences are substantial enough to require a use determination as well as conditional approval of this "Children's Amusement Arcade". Specifically, the operational plan for the teen center which was approved included "special events" such as talent nights and other similar kinds of organized entertainment usually found in teen centers. It came with an endorsement from the Aspen High School Student Council. Also, the supervision proposed is quite different. This application offers that an adult supervisor will be present. The referenced teen center application came equipped with endorse- ment as well as the volunteering of time for supervision from Tim Comstock, advisor to the Aspen High School Student Council; Pete Murphy, City juvenile officer; Greg Anderson, Assistant Pastor and youth director of the Community Church and a director of Open Door; Helen Klanderud, director of Touchstone Mental Health Clinic; Al Cluck, P.E. instructor at Aspen Elementary School; Ruth Ganz, psychiatric social worker who has researched extensively Aspen's need for a teen center; and Greg Rulon, County juvenile officer. Tie are providing this information in order to keep the record straight and not for purposes of denial. In fact, the Planning Office recommendation is for approval of the proposal. We feel that it is necessary that this commission first make a use determination that "Children's Amusement Arcade" belongs within the definition of Recreational Club. It is our feeling that, in view of the presence of such similar establishments in the CC District as Alice's Alley, such a use determination is clearly justifiable. The real question is under what conditions should the conditional approval be granted? Conditional uses historically are uses that could be a problem in the area if they weren't properly regulated with additional conditions. Areas of concern which should be addressed to the satisfaction of the commission are as follows: (1) Management goals and operational procedures 0q1 (2) Noise generation (3) Hours of operation (4) Adequate supervision • • Memo to P&Z June 14, 1978 Page 2 (5) Adjacent property owner concerns (notice was hand delivered by the applicant to all owners within 300 feet of the Village Pantry) , Ashley Anderson, as well as the applicants themselves, will be present at the meeting on Tuesday to answer any questions you may have regarding the proposed operation. RG:mc r Q 5 D X�- OIAAU� JrA. 00"If 0 zf--� _ ` ...i C- l - OA, i C. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Planning Office RE: Childrens Amusement Arcade Conditional Use Approval DATE: June 13, 1979 On June 20, 1978, the Aspen Planning and Zoning Commission granted approval of an application for a Childrens Amusement Arcade (Pinball Palace) at 312 South Mill subject to a one year review at the Commission's option to consider whether the operation has been conducted as represented in the application as well as to review the concerns of the potential impact on the community and the objections voiced by the surrounding property owners and business operators. Mr. Bert Bidwell has recently contacted the Planning Office with a request that the Commission exercise its option for a one year review of that operation. Mr. Bidwell will be present at the June 19, 1979 meeting to voice his reasons for this request. It is not clear from the minutes of the June 20, 1978 meeting. (attached hereto) whether this one year option review is to be a public hearing. Perhaps members of the Commission who were present at that meeting can remember the intent of this review and make a determination. • AVVTnAN7TrP STATE OF COLORADO ) ss. COUNTY OF PITKIN ) I, KATHLEEN KRIEBEL, being first duly sworn, upon my oath state as follows: 1. On Tuesday, June 13, 1978, I met with a member of the Enginnering Department of the City of Aspen to determine the area within 300 feet of 312 South Mill, Aspen, known as The Village Pantry. 2. On Wednesday, June 14, 1978, before 5:00 p.m., I delivered Notice to the Owners or Representatives of the Owners of the following property owners which to the best of my knowledge are all the owners within 300 feet of 312 South Mill, Aspen, known as The Village Pantry. The Mother Lode �'` z ��r✓� Prospector Lodge - Wheeler Opera House Mill St. Station Flo 0-3 Aspen Lumber and Supply- K,) '410or i r�)5 Sabbatini Sports (Posted) X r ��� fc�r�t5� vPes- h4N)A 1 L 1 PUGT kA W1 S Tom Thumb BuildingA , �-jm i r� PACfiti>�sN � P Q -" L�6hS�lao0i C(,rc. e/b I�'Jko¢I Ail. �IIOWAe j 'Box Aspen Commercial Condominium Bldg. (Posted)u Sporthaus Linder & Amelia's1 100 m��k(y�e?rr n Run For Your Life )� L`.tJ ('a✓ ' ` ( m70 )11 Golden Horn Building— ¢coYM' I Prr,ck�sNiP ��X iG �y �. 47 �,�Y► l Aspen Leaf Sports �I01 Stefan Kaelin Sports Bldg. �5 % %�✓' �,�1( Guido's Restaurant 6r /� �0 7 Aspen Sports Building /Or C �� �'✓� Red Onion Y o')( Mountain Plaza Building — �Gr� ��dw�' I' -a i1UQSa �0✓� Aspen Block Building�npld%rkSi/t-z r �� gQXoOG Paragon T� p Ko u T Sou e`'S FcX 9 a6 Roaring Fork Building —/X,�) Uncle Willy's Spirit House j)4, G • 0 Aspen Jewelers - L111 z - *) �," k 1 Tuesday Morning q6? e• (M a^^ />�rom Mix Building 4,�,-/f�GsG�7 Country Flower Building-DUUAE Zk-C- C/o k 22 -3g A4zN "- The Slope Building (Mine Co.) -"The Gondola Ski Shop 3 S The Woods Building (Aspen Drug) Alpine Jewelers Mason and Morse _Building'_ CaUr'fYN 1'-/pRfe�/' f F5/D 3 P FURTHER THE AFFIANT SAYETH NOT: LEEN The foregoing Affidavit was subscribed and sworn to before me this /5- day of , 1978, by KATHLEEN KRIEBEL. WITNESS my hand and official seal. My commission expires: q, otary Public IWM • 0 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Planning Office RE: Childrens Amusement Arcade Conditional Use Approval DATE: June 13, 1979 On June 20, 1978, the Aspen Planning and Zoning Commission granted approval of an application for a Childrens Amusement Arcade (Pinball Palace) at 312 South Mill subject to a one year review at the Commission's option to consider whether the operation has been conducted as represented in the application as well as to review the concerns of the potential impact on the community and the objections voiced by the surrounding property owners and business operators. Mr. Bert Bidwell has recently contacted the Planning Office with a request that the Commission exercise its option for a one year review of that operation. Mr. Bidwell will be present at the June 19, 1979 meeting to voice his reasons for this request. It is not clear from the minutes of the June 20, 1978 meeting (attached hereto) whether this one year option review is to be a public hearing. Perhaps members of the Commission who were present at that meeting can remember the intent of this review and make a determination. 0 • GARFIELD & HECHT ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE SECOND FLOOR ASPEN, COLORADO 81611 ANDREW V. HECHT May 18, 1978 (303) 925.1936 ASHLEY ANDERSON CHRISTOPHER N. SOMMER P & Z Commission c/o Aspen City Hall 130 South Galena Aspen, Colorado 81611 Dear P & Z Member: This is an Application by Howard Feinberg, Dr. Robert Magoon and Martin Hershey for a Conditional Use Permit, pursuant to 24-3.3 of the Aspen City Code. Specifically, the Applicants request a Permit to place a children's amusement arcade in what is now the "Village Pantry" located at 312 South Mill, Aspen. The location is presently zoned CC. According to Section 24-3.2 of the Aspen City Code, the intention of that zone is "to allow the use of land for retail and service commercial, recreation and institutional purposes with customary accessory uses to enhance the business and service character in the central core of the City." Listed as conditional uses in the CC zone are "recreational and entertainment establishments limited to the following and similar uses- business, fraternal or social club or hall; ice or roller skating rinks; shop -craft industry; gasoline service station; provided all operations are conducted within the principal building or structure". The character of the Applicant's operation will be as follows: 1. The usable space in the facility is approximately 1,000 square feet. 2. The Applicants propose to use the space for amusement games such as foosball, skiball, video games, and other related type activities. 3. They will be open from approximately 12:00 noon until 10:00 p.m. on weekdays and 12:00 noon until 12:00 midnight on weekends. 4. Refreshments will be served either through soda vending machines or a snack bar facility. The snack bar may also include such short order items as hot dogs. 5. There will be no alcohol allowed on the premises. P & Z Commission May 18, 1978 Page Two 6. There will be at least one and perhaps more adult employees on the premises at all times. The Applicant submits that the above -described use clearly complies with all conditions for a conditional use as set forth in 24-3.3 (b). That is, the proposed use other- wise complies with all the requirements imposed by the Zoning Code; the proposed use is consistent with the objectives and purposes of the CC zone in that it clearly is a use devoted to recreation; and finally, the proposed use is clearly designed to be compatible with surrounding land uses since the surrounding area is one primarily of restaurants, retail shops and other commercial enterprises including Alice's Alley which is a use closely akin to that described above. In addition to the fact that the above -described use meets all conditions of the Code, there is precedent for such a use in the CC zone. In 1975, George Parry applied for a Condi- tional Use Permit for a Teen Center with pinball machines and pool tables to be located in a 1700 square foot addition to the Whale of a Wash. That permit was granted. The Applicants thank you very much for your cooperation and respectfully request your approval of this Application. Sincerely yours, GARFIELD & HECHT Ashley Anderson, Attorney for the Applicants GARFIELD & HECHT ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE SECOND FLOOR ASPEN, COLORADO 81611 RONALD GARFIELD ANDREW V. HECHT ASHLEY ANDERSON May 18, 1978 CHRISTOPHER N. SOMMER Karen ;smith c/o Aspen City Hall 130 South Galena Aspen, Colorado 81611 Dear Karen: TELEPHONE (303) 925.1936 Enclosed please find 8 copies of the Application for a Conditional Use Permit for the Amusement Arcade in the Village Pantry. It is my understanding that we our tentively scheduled on the P & Z Agenda on June 20, 1978. Sincerely yours, GARFIELD & HECHT Ashley Anderson AA/KJK Fnclosures