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HomeMy WebLinkAboutcoa.lu.rz.Little Cliff's Bakery. City Of.. pen 2737 073-2?-�0�/ . :,ATE' �,tECEIVED 4,t----1- ,�q(� CASE 0. DATE RECEIVED L ETE: . TAFF: `1 / tS PROJECT N' Ili .V.A... i , ,, ._. .6 - oyo„orco t/ . ,^ APPLICANT:ICANT: . - . �..l� ;Mi. .G� Applicant Address 'hone: A/��%iret jr:.a ;j�j REPRESENTATIVE: �, f) ' J. Midi. , i - , Representative Ad•ress/Phone. _,4L' �j,_ , u J. .111P E=_rLL7l/Jell7 • /8_I(of( Type of Application: .5'`(p&P I. GMP/Subdivision/PUD 1. Conceptual Submission 20 $2,730 .00 2. Preliminary Plat 12 1,640 .00 3 . Final Plat 6 820 .00 II. Subdivision/PUD 1 .. Concept ual . Submission 14 $1,900 .00 -, - 2. Preliminary Plat 9 1,220 .00 3 . Final Plat 6 820 .00 III. All "Two Step" Applications 11 $1, 490 .00 IV. All "One Step" Applications 5 $ 680 .00 V. Referral Fees - Environmental . Health, Housing Office 1 . Minor Applications 2 $ 50 .00 2. Major Applications 5 $ 125 .00 Referral Fees- - Engineering Minor Applications 80 .00 Major Applications 200 .00--- -- P&Z CC MEETING DATE: 0 CA1 PUBLIC' HEARING NO y DATE REFERRED: 91791' INITIALS: REFERRALS : \. City Atty Aspen Consol. S. D. School District . City Engineer Mtn. Bell Rocky Mtn. Nat. Gas Housing Dir. Parks Dept. State Hwy Dept (Glenwd) Aspen Water Holy Cross Electric State Hwy Dept (Gr.Jtn) • City Electric Fire Marshall Bldg: Zoning/Inspectn Envir. Hlth . Fire thief Other : Roaring Fork Transit Roaring For ergy Center • c,; FINA ROUTING: DATE ROUTED CY-17-d-WO IN City Atty. City Engineer -'V Building Dept. /I -)v , , C-c �� Other: e ^x- •L eL At-SP h Other : L FILE STATUS AND LOCATION: kkik''`5 Of"c-- j VP�`",�'�._.;. -- - . (' SE DISPOS rr ION: _ • Reviewed bv•'' . Reviewed • • rxit4f,-, . . . •,z 36:Vt.• .-e- -A ,‘ it •% 6-0 [LA 0);__ 1-0 _ OA-4. • • iNCL vVI-C1-- LI to el551.. • • -- • • . - • • • - . . • , . . . , " . . • • . . • Reviewed By: Aspen ,P&Z , City Council . 0„ ._01 %_;40- 1,;C"-• . v : ob34 ' - • •_ . The appl icant sha11S covenant, in the conditional use . permit, • that the re sidenceLshall only,.be occupied..byan • • employee of the -bakery and shall not be separated from • . . the bakery through lease or.. sale. „ _ . The .applicant, shall ...provide a.,bike .rack on the.,property , 4 to reduce the potential.. for _driving to the site. - • • 3 The applicant shall, in all other respects, adhere! . o : . the. representations, and commitments,. contained,:in.::;thi pl icati on including but not limited to the testora- application, • •,j,f„C“ , -•••••• • ti on , of the,.f.';''historic structure, the , operation • , bakery, the dimensions of the structures, the 1.-• - si ons. and ,location the.y:trash and,?".parking the occupancy':.11,'ADf the.}."ea i de n ce 'Zino di fiba ' • • __... nt or expansion of use shall be-.sub ec • • enlargement , 6 • " ' review underthe provisions of,,,'Section ,2 4-73 3 , -• -•• . •• • V V4V I ?.• - • ;44 - ,vr _ The •appl of 198 , et , with,HPC.. :641. bY, which theap1icantt nt t romOthi s'iOu• A,* r.,4" ' 11,'"' • ▪ Actual rem ov alstsh O.'', • -Aagoop di ti ccUpan - 1. the bakery,'1but,--shallbe accomplished ith x‘k4i,on of -the .dati-Vof• thatwoccupancy. .ti::•.Should.'Fthei.;.::ia,ypxiof,,,, determine th t uc co cannot be :',...removedgy out,k. excessive - . • 1),,▪ . p . # pre se tit zu .T...a .-,alter.tia. ve0-4,„restoration..; • an -"to e or. .; ;161,'• " X 7,1P 70,515777-rmrs-M7cnrcntv3,1,11[173(7732,77,I7,5,7o113757f7,7 5711315t5ISTIPM?1ff MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Alan Richman, Planning and Development Director RE : Little Cliff ' s Bakery Conditional Use - Public Hearing DATE : November 18, 1986 LOCATION: 201 East Main Street (Lots A, B, and C, Block 74 , corner of Aspen and Main Streets) . ZONING: Office with an "H" Overlay. APPLICANT'S REQUEST: The attached letter from Gideon Kaufman, on behalf of Bill, Ruth and Cliff Little, requests a conditional use permit to locate a bakery at 201 East Main Street. Specifically, the applicant proposes the following: 1) Change the use of the front building at 201 East Main Street from residence to bakery (change in use is exempt from competition and not subject to review since this is an individually historically designated property ; use itself is subject to conditional use review) . This building is now approximately 1170 s. f. in size. 2) Small addition to the rear of this building by approxi- mately 260 s. f. and build a new deck of about 415 s. f. on the east side of the building (additions are exempt from competition and not subject to review since this is an individually historically designated property and since there is no open space requirement in the office zone, the deck does not constitute "dining" in required open space) . 3) Use of the 900 s. f. rear structure as a residence for the manager of the bakery (it is presently used as a storage building) . APPLICABLE PROVISIONS OF THE CODE: On November 10, 1986 , City Council adopted Ordinance 46, Series of 1986 , making a bakery a conditional use for individually designated structures in the Office zone and for any structure in the C-1 zone. Please note that the owner of Explore Books has now expressed an interest in rezoning the lots along Main Street to C-1 (limited by the area and bulk requirements of the Office zone) and that we will likely process this rezoning for Lots A through E in the near future. Also note that Council has adopted Ordinance 50 , Series of 1986 , designating this property with an "H" overlay. Finally, note that the criteria for review of conditional use applications are set in Section 24-3 .3 . REFERRAL COMMENTS: 1) Engineering Department - The attached comments from Elyse Elliott state that : a. Parking for the use should be adequate, given the six spaces proposed off the alley and the availa- bility of on-street parking on Aspen Street. b.- - The proposed 6 'x14 ' trash area could accommodate two, two-yard dumpsters , which is twice the capacity of this use at its prior location and should handle the more diversified bakery plus a residence. c. There is no problem anticipated from service delivery via the alley. 2) Environmental Health Department - The attached comments from Rick Bossingham indicate that : a. State rules require a separation of a food service operation from a residence. The Little's plan to have delivery of baked goods to their home on Snowbunny Lane appears to violate these regula- tions and must be rectified. PLANNING OFFICE COMMENTS: A review of the criteria in Section 24- 3 .3 (b) for the suitability of this use demonstrates the follow- ing: 1) Compliance with zoning code requirements - The proposed development is well within applicable zoning requirements. The size of the two buildings will be approximately 2 ,330 s. f. , on a lot that would allow approximately 4 ,500 s. f. There do not appear to be any setback violations proposed, and the proposed deck, to be used for outdoor eating, does not affect the open space requirements since none exist in the Office zone. Parking is provided in excess of the code requirement, which would be four spaces for the bakery and one for the residence. The trash area has also been found to meet the use's needs. One problem which comes to mind is that by having two uses in two separate structures on this property, we may be creating a non-conforming use of land. Accord- ing to Section 24-13 .2 of the Code, no such use of land may be extended or enlarged, which would prohibit the proposed additions. However, if the applicant agrees to restrict the use of the residence such that it can only be occupied by an employee of the bakery, I would view the residence as an accessory structure and not as a second principal use. Since this is the manner in which it is proposed to be used, I expect there to be no problem with this restriction on the property. 2) Consistency with the Purposes of the Zoning Code and District - This issue was addressed in the context of adding bakery to the conditional use list of the office zone. The bakery as proposed is a commercial use which pr-eser-ves the visual scale and character of Main Street, provided that the restoration plan for the building is accomplished. We also appreciate that fact that the open space between this site and Explore Books , with its very significant trees, will be maintained. 3) Compatibility with Surrounding Land Uses - The bakery is entirely consistent in character with its neighbor- ing uses on Main Street such as a bookstore, sandwich shop and the like. Its parking plan appears to address the concern that by providing a high volume customer use in this location, we will cause a traffic problem. We anticipate that some will continue to walk to the site while others will drive , particularly those commuting to Aspen on State Highway 82 who will likely stop here on their way to work. We suggest that the applicant provide a bike rack on the property to further reduce the likelihood that patrons will drive to the site. The letter in your packet from Chuck Brandt addresses the concerns of neighbors across the alley on Hopkins Street. The principal concerns listed by Chuck are the use of the alley for parking by patrons of the bakery and the location of the trash dumpster. Chuck is not equally concerned with the delivery of goods , since this should only occur about 5-6 times per week according to the schedule in his letter, based on his conversations with the applicant. Although we are sympathetic with the neighbor ' s concerns, we note that parking is already provided in the alley for the Forge Building and Explore Books, and is required to be in this location by the Code. We cannot support a reduction in this parking which would force cars onto the street when it can be handled on the site. We also find the location of the trash area to be appropriate as shown, and do not want it moved forward toward Main Street. PLANNING OFFICE RECOMMENDATION: The Planning Office recommends that you grant a conditional use permit to the applicants for the proposed bakery and accessory residence, subject to the following conditions : 1) The applicant will address the delivery of goods problem to the satisfaction of the Environmental Health Department prior to the issuance of a certificate of occupancy for the bakery. 2) The applicant shall covenant, in the conditional use permit, that the residence shall only be occupied by an employee of the bakery and shall not be separated from the bakery through lease or sale. 3) The applicant shall provide a bike rack on the property to reduce the potential for driving to the site. 4) The applicant shall, in all other respects, adhere to the representations and commitments contained in this application, including but not limited to the restora- tion of the historic structure, the operation of the bakery, the dimensions of the structures, the dimen- sions and location of the trash and parking areas and the occupancy of the residence . Any modification, enlargement or expansion of the use shall be subject to review under the provisions of Section 24-3 .3 (c) . 5) The applicant shall , prior to the end of 1986 , meet with HPC to review the technique by which the applicant intends to remove the stucco from this building. Actual removal shall not be a condition of occupancy of the bakery, but shall be accomplished within six months of the date of that occupancy. Should the applicant determine that the stucco cannot be removed without excessive damage to the brick, the applicant shall present an alternative restoration plan to the HPC for their review. AR.3 � © 0\\,.1.7 r11 LAW OFFICES OCT 17 GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION BOX 10001 315 EAST HYMAN AVENUE,SUITE 305 ASPEN,COLORADO 81611 GIDEON I.KAUFMAN October 17 , 1986 TELEPHONE DAVID G.EISENSTEIN AREA CODE 303 925-8166 Mr. Alan Richman, Director Aspen/Pitkin County Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Conditional Use of a Bakery on Lots A, B, and C, Block 74 , City and Townsite of Aspen Dear Alan: Please consider this letter as an application for a conditional use pursuant to an amendment to Section 24-3 . 2 of the Aspen Municipal Code adding bakery as a conditional use to the 0-Office District, which contains the site , and Section 24-3 . 3 of the Aspen Municipal Code entitled "Grant of Conditional Use" . My client, Little Cliff' s Bakery, seeks to relocate its 26-year old bakery business from 121 South Galena to 201 East Main Street. Its intent is to restore the historic brick facade of the main structure at that location, and modify its interior to current Code requirements, and, thereby, accommodate its intended bakery use . Included in this bakery conditional use, we would like the flexibility for over-the-counter service of such items as coffee , fruit drinks, bagels and cream cheese, and other associated sandwiches. There will be no waitressing service. The auxiliary structure at the rear of the premises would continue to be used as a one bedroom apartment. While only four (4) off-street parking spaces are mandated and possibly even fewer by special review, my client intends to provide six (6) on-site parking spaces with alley access which amply meets the Code requirements. The building certainly qualifies for historic designation which is being applied for. The conditional use can be granted subject to final historic designation. The grant of this conditional use, therefore, clearly complies with the requirements of the zoning Code, and is consistent with the objectives and purposes of the Code and zoning district in which it is situated as evidenced by the recent amendment adding bakery to the list of conditional uses in the 0-Office District. The intention of the 0-Office Zone is : "to provide for the establishment of offices and associated commercial uses in such a way as to preserve the visual scale and character Mr. Alan Richman October 17 , 1986 Page 2 of formerly residential areas that are now adjacent to commercial and business areas, and along Main Street and other high volume thoroughfares" . Section 24-3 . 2 , Aspen Municipal Code. The Little' s use of the proposed site as a bakery is a commercial use which preserves the present scale and character of the structure, yet accomplishes a much needed "cosmetic" improvement. The surrounding uses include commercial retail to the North and East and Paepke Park to the West. The residential structure to the South will be buffered from the subject structures by way of the parking area and alley. The proposed bakery use is compatible with the surrounding uses in that it will be open to the public during regular retail hours consistent with the surrounding commercial uses, and operate without disturbing the neighbors. In addition, the use does not duplicate any of the other surrounding commercial uses. Clearly, this location is replete with commercial establishments which serve the permanent population, either directly or in support of their tourist based businesses. The block containing these premises also contains the In And Out House, a food preparation and food service business aimed primarily at the permanent population of Aspen. There can be no doubt that a community bakery would be compatible with surrounding uses and, in fact, a similar use in the form of the Mesa Store Bakery existed for many years just down the street from this proposed location. The impact on traffic should be minimal. In addition, the provision of six (6) off-street parking spaces should alleviate any concerns about additional traffic problems , and this relatively central location should find much of the traffic to be pedestrian. In consideration of the foregoing facts, I believe that the conditional use sought for this location to be most appropriate and consistent with the objectives and purposes of the zoning Code and appropriate for receiving approval as a conditional use. Naturally, if you have any concerns or questions regarding this matter, please feel free to contact me. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, a Professional Corporation By �, - GideQh Kaufman GK/bw HOLLAND & HART ATTORNEYS AT LAW DENVER 600 EAST MAIN STREET TELEPHONE(303)925-3476 DENVER TECH CENTER ASPEN,COLORADO 81611 TELECOPIER(303)925-9367 COLORADO SPRINGS ASPEN BILLINGS BOISE CHEYENNE WASHINGTON,D C. October 15 , 1986 CHARLES T.BRANDT� t Gideon Kaufman, Esq. 315 East Hyman Avenue 16 T' Aspen, Colorado 81611 BFI Re: Little Cliff ' s Bakery Dear Gideon: I appreciated receiving the information you provided to me last week concerning the various deliveries to Little Cliff ' s Bakery and the manner in which they will be made at the proposed location at the corner of Main Street and Aspen Avenue . As I mentioned to you, our clients , Mat and Kay Bucksbaum, are concerned about noise, dust, traffic and parking considerations stemming from the proposed use by the Little ' s of the three lots across the alley from Mr . and Mrs. Buckbaum' s residence. You indicated , after a conversation with Bill Little, that deliveries would be made to the bakery as follows: Cisco/Noble Twice a week from the alley in late morning or early afternoon; Aspen Dairy Three times a week around 6 a.m. from Main Street ( since parking will be available at that hour ) ; Flour Delivery Once a month at no set time , delivery point unknown (presumably from the alley) : and Baked Goods Once a month delivery to the Little ' s residence on Snowbunny Lane due to lack of anticipated storage facilities at the proposed location. The above delivery points and schedules appear to minimize any noise and circulation impact on the residences to the south of the proposed bakery location. We have strong reservations about the proposed seven off-street parking spaces on lots B and C ( to the east of the proposed apartment on the alley) . If these seven parking spaces are for customer use, we HOLLAND & HART Gideon Kaufman, Esq. October 15 , 1986 Page 2 anticipate that such a use will cause congestion in the alley, noise from cars starting their engines and arriving and departing and dust in the summer months as the alley is not paved . Inconvenience to the res- idential owners and their caretakers will also occur as they utilize the alley for ingress and egress to and from their garages and off- street parking areas off of the alley. We believe the alley should constitute a "buffer" , as you sug- gested in your rezoning application, between the commercial uses on the north side of the block ( along Main street) and the residences located on the south side of the block . If the off-street parking spaces are �.. of a.1., � rt1 the "buffer"used by customers of Little Cliff' s, the buffe'L disappears and Lyle alley is utilized by those coming and going to the bakery. We urge that the off-street parking spaces be reduced from seven in number to a lesser number which will accommodate the off-street parking needs of those employed by the bakery. This approach would have the following benefits: First, employees would be assured of off-street parking and the number of parking spaces on Aspen Avenue and Main Street for cus- tomer use would be increased since the parking spaces will not be uti- lized by employees. Second, the impact on the alley by customers com- ing and going and the resultant noise, etc. would be eliminated. Third, the conditional use requirement that off-street parking be fur- nished would still be met. One final concern is the placement of the trash dumpster and the time of day it will be emptied. As you know, the BFI trash trucks and the hydraulic equipment used to lift and empty the dumpsters are very noisy. When the trash is dumped , it can also make noise if the trash is comprised of bottles, cans and the like. We urge that this matter also be addressed by your client in locating the dumpster in an area farthest removed from our client' s residence and that delivery be scheduled mid to late morning. You and your client' s attention to our requests would be greatly appreciates . Very truly yours, C - , Charles T. Brandt for HOLLAND & HART CTB/sg cc : Mr . and Mrs . Matthew Bucksbaum Alan Richman ✓l ASPEN*PITKIN ENVIRONMENTAL HEALTH DEPARTMENT MEMORANDUM TO: Alan Richman, Planning Director FROM: Rick Bossingha Environmental Health Officer DATE: November 7, 1986 RE: Little Cliff's Bakery Conditional Use I have reviewed the plans for Little Cliff's Bakery and am concerned about the delivery and storage of baked goods at the Little's residence due to lack of storage at the main street location. Section 7-802 of the Rules and Regulations Governing the Sanitation of Food Service Establishments in the State of Colorado prohibits the use of living quarters for any operation of a food service establishment unless it is completely partit- ioned and has a separate entrance. A different plan concerning food storage that complies with the above legal requirements must be submitted to this office for approval. Detailed plans and specifications of the food service establishment must be submitted and approved before any constr- uction begins. 130 South Galena Street Aspen, Colorado 81611 303/925-2020 MEMORANDUM To: Alan Richman, Planning Director From: Elyse Elliott, Engineering Department 417 Date: November 10, 1986 Re: Little Cliff' s Bakery conditional use We have the following comments on the above application: Parking The applicant provides six off-street parking spaces, each in 9 ' x 20' which is slightly longer than the required size of 9 ' x 18 ' . There are numerous on-street parking spaces on Aspen Street that could be used by Little Cliff' s customers. The parking spaces on Aspen Street are rarely filled to capacity. This project will have a minimal impact on the present parking situation and vehicular circulation. Trash and Delivery Areas The 6 ' x 14 ' area provided for a dumpster is ample for this facility. In their prior location, Little Cliff' s used a two- yard dumpster which is 6' x 4' . The trash generated in the new location will probably increase due to an increase in bakery items and the addition of a residence. However, the area could easily accomodate two two-yard dumpsters. The location of the dumpsters is easily accessible to the trash trucks. The other delivery trucks can service this business from the alley. IE HOLLAND & HART NOV 1 41 I ATTORNEYS AT LAW DENVER 600 EAST MAIN STREET ELEPHONE(303)925-3476 DENVER TECH CENTER ASPEN,COLORADO 81611 COLORADO SPRINGS ASPEN BILLINGS BOISE CHEYENNE WASHINGTON,D.0 November 14 , 1986 CHARLES T.BRANDT Hand Delivery Alan Richman, Planning and Development Director City of Aspen 130 South Galena Street Aspen, Colorado 81611 Re: Little Cliff ' s Bakery Dear Alan: I sent to you a copy of my October 25 , 1986 letter to Gideon Kaufman regarding the Little Cliff ' s Bakery Conditional Use Application. As expressed in that letter , of primary concern to our client, Matt and Kay Bucksbaum, owners of the residence across the alley from the proposed bakery, is the traffic circu- lation and resultant noise resulting from the proposed use. We recognize that the Code requires off-street parking for such a use, but our clients urge that the number of off-street parking spaces be kept to a minimum. The alley should truly be a buffer between the proposed commercial uses on the north side of the block and the residences on the south side. We ask that the Planning Office consider this aspect of the application and mini- mize the number of off-street parking spaces to a number of park- ing spaces equal to the number of employees at Little Cliff ' s. In this regard , Section 24-4 . 5 ( c) permits the Planning Commission to allow as few as 1 .5 spaces per 1 ,000 square feet. We would like to see the minimum number of parking spaces supported by the Planning Office and adopted by the Planning Commission. This approach would satisfy one of the criteria for suitability of a conditional use under Section 23-3 . 3 ( b) , namely that the proposed use is designed to be compatible with the surrounding land uses and uses in the area. Thank you for your consideration. Very truly yours , rles T. Brandt for HOLLAND & HART CTB/sg Enclosure cc: Matthew Bucksbaum Gideon Kaufman, Esq. MEMORANDUM TO: Jay Hammond Tom Dunlop FROM: Alan Richman RE: Little Cliff' s Bakery Conditional Use DATE : November 6 , 1986 As we discussed today, I am requesting your written comments on the attached application to relocate Little Cliff' s Bakery to the corner of Aspen and Main. As you may be aware, Council will be adopting Ordinance 46 , Series of 1986 on November 10th which will make a bakery a conditional use in the Office zone. Therefore, your review should take into account the typical conditional use reviews and any other standards of the Office zone which may apply. I would appreciate your response to this application in writing no later than Tuesday November 11th. Thank you RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. (Series of 1986) AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING SECTION 24-3 .2 OF THE MUNICIPAL CODE, PERMITTED AND CONDITIONAL USES, TO MAKE A BAKERY A CONDITIONAL USE IN THE OFFICE AND C-1 ZONES WHEREAS, Bill , Cliff and Ruth Little have submitted an application requesting an amendment of the conditional use list for the Office zone to include bakery use ; and WHEREAS, on October 7 , 1986 the Aspen Planning and Zoning Commission did hold a public hearing to consider the applicant's request for a Code amendment and did vote unanimously in its favor ; and WHEREAS, the Aspen City Council does wish to accept the recommendations of the Commission and amend the conditional use list for the Office zone to include bakery use. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 24-3 .2 of the Aspen Municipal Code be amended to add bakery to the list of conditional uses in the Office zone such that the list reads as follows (new language is in bold) : Fraternal lodges, boarding houses, shop craft industry, restaurants, antique store, bookstore, florist, visual arts gallery, music store (for the sale of musical instruments) , nursery-day care center , art, dance and music studio, mortuary, broadcasting station, bakery, provided, however, that the above-listed conditional uses shall be considered (1) only for structures which have received historic desig- nation, ( 2) for no more than two (2) such conditional uses RECORD OF PROCEEDINGS 100 Leaves in each structure (not including within such limitation accessory dwelling units recognized as moderate income housing by an approved housing plan) , and (3) only when off- street parking is provided with alley access for those conditional uses along Main Street. Satellite dish antennae. Commercial parking lot or parking structure that is indepen- dent of required off-street parking, provided that it not be located abutting Main Street. Section 2 That Section 24-3 .2 of the Aspen Municipal Code be amended to add bakery to the list of conditional uses in the C-1 zone such that the list reads as follows (new language is in bold) : Coffee shop or food service intended as a non-tourist oriented sit-down facility with a limited fare of specialty items, to be served as accompaniments to such activities as reading, playing chess, or other passive activity, and provided that the operation: 1) Has no kitchen; 2) Has no food preparation other than warming on the premises; 3) Has no liquor service on the premises. Restaurant; bakery; printing plant; satellite dish antennae. Section 3 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitu- tional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 4 That a public hearing be held on this Ordinance on the day of , 1986 , at 5 : 00 P.M. , in the City Council Chambers, Aspen City Hall , Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be published once within a RECORD OF PROCEEDINGS 100 Leaves newspaper of general circulation within the City. INTRODUCED, READ, ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held at the City of Aspen on , 1986 . William L. Stirling, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of , 1986 . William L. Stirling, Mayor ATTEST: Kathryn S. Koch, City Clerk AR.103 MEMORANDUM TO : Aspen City Council THRU: Robert S. Anderson, Jr. , City Manager FROM: Alan Richman, Planning and Development Di rector RE: Little Cliff' s Bakery - Rezoning or Code Amendment DATE : November 4 , 1986 SUMMARY: The applicants, Bill, Cliff and Ruth Little request your final approval of Ordinances 46 and 50 . The effect of these ordinances will be to amend the conditional uses in the Office and C-1 zones to include bakery and rezone 201 E. Main Street by the addition of an "H" overlay. The Planning Office and Planning Commission recommend these actions, for the reasons given with the body of this memo. BACKGROUND: A bakery is a use allowed by right in the CC zone and nowhere else in the use tables. Given the way a bakery is likely to operate in Aspen, it could be expected that it would serve both local residents and tourists. Therefore, logical zone districts in which a bakery might be added as a permitted or conditional use would include the C-1 zone, the Office zone, and possibly the NC zone . Given the location of the property in question, the only reasonable zones for evaluation at this time are C-i and Office. The applicant originally intended to approach this issue simply by requesting amendment of the use tables in the office zone to include the bakery use. However, at the urging of the Planning Office, the applicant has asked in the alternative for rezoning the property to C-1 and amending the C-1 use table to include bakery, In making this suggestion, we asked the applicant to contact his neighbor, the owner of Explore Books, to join in the rezoning. Our reasoning was that we had recently rezoned the Moore Building on the corner of Monarch and Aspen to C-1 (limited by the area and bulk requirements of the Office zone) . By adding Explore Books to the rezoning, the entire block on Main from Monarch to Aspen would be zoned C-1 , (limited by the area and bulk requirements of the Office zone) . Unfortunately, we learned that Explore Books wished to join in the rezoning subsequent to P&Z ' s action in favor of the amendment of the conditional use tables. Therefore, we are proceeding with the use table amendment for the Office and C-1 zones and recommend that any rezoning to C-1 be done as a follow up action to insure that proper noticing of the zoning map change preceeds any action we take. PROBLEM DISCUSSION: Because of the nature of this application, involving an amendment to the use tables and possible rezoning of the property , there are two basic questions which should be answered at this time : 1 . Is a bakery an appropriate use in this location? 2 . Is a bakery an acceptable use in any location zoned C-1 or 0? In deciding whether the bakery is an appropriate use of this corner, the following items should be evaluated: o Compatibility with surrounding uses; o Expected generation of traffic; o Availability of parking; o Access for delivery vehicles; and o Other impacts from proposed operation. The bakery use appears to be compatible with neighboring uses. The block from Monarch to Aspen on Main has a mix of local and tourist serving uses, including a sandwich shop, clothes stores, a book store and the like. The fact that Paepcke Park is directly across from this corner creates a natural "edge" for the commercial portion of Main Street, allowing the transition to its more residential/lodging/office character as one heads out of town. This edge appears to have been recognized in designating this as the most westerly block of Main Street which was included in the "Central Commercial Area" of the 1973 Aspen Land Use Plan. While we would prefer to have such a high volume customer operation within closer walking distance of the core, we recognize the cost of such locations and the need for this use to look elsewhere. In favor of this location is the availability of on-street parking on Main and Aspen Streets and the owner' s willingness to provide 6 spaces off the alley. We are unclear at this time how delivery vehicles would serve the bakery, but feel that these and other impacts can be well addressed in a conditional use review. As regard the acceptability of the use in the C-1 or 0 zones, we note that the intent of the C-1 zone is for "commercial uses which are not primarily oriented toward serving the tourist population. " This use is clearly consistent with the stated intent of the zone, and with the uses already permitted in the zone such as bookstore, camera shop, jewelry store and similar retail outlets. The Office zone on the other hand allows for limited commercial uses (generally those which historically have appeared on Main St.) which can preserve the visual scale and 2 character of what were formerly residential areas along Main Street. The bakery would be consistent with this concept since the Mesa Store was once a bakery and since the applicant has agreed to limit the site' s area and bulk requirements to those o the office zone, even if it is rezoned to C-1 . Further, adding the bakery to the list of conditional uses is consistent with the policy of the Historic Preservation Element to expand the uses to which historic structures can be put. The applicant also requests designation of this structure with an "H" overlay. This designation provides the applicant with the ability to change the use of the structure from residential to commercial and, if necessary, to expand it, without competing under GMP. Given the significance of the building which is found within its present stucco shell, and the applicant' s intent to restore it, it is recommended that this rezoning be approved. In summary then, it is the Planning Office' s opinion that: 1 . Some type of bakery appears to be a reasonable use of this corner (provided its site specific impacts can be addressed in the context of a conditional use review) ; 2 . A bakery is a use which could be included in either the C-1 or Office zones ; and 3 . 201 Main Street should be designated with an "H" overlay. ADVISORY COMMITTEE VOTE: Seven in favor, none against. RECOMMENDED MOTION: Move to adopt on 2nd reading Ordinance 46 and 50 . CITY MANAGER RECOMMENDATIONS: .A' CGti G� ds 3 EXHIBIT "A" • Application is hereby made for the rezoning of 201 East Main Street, Aspen, Colorado (Lots A and B, Block 74 , City and Townsite of Aspen) , from 0-Office to C-1 Commercial , and the concurrent amendment of the permitted uses in the C-1 Zone to include bakery use. In the alternative , the Applicant requests an amendment of the conditional uses in the 0-Office Zone to include bakery use, and the inclusion of this Application in the conditional use process set forth in Section 24-3 . 3 of the Aspen Municipal Code. Bill, Cliff and Ruth Little are the owners of Little Cliff' s Bakery which is presently located at 121 South Galena, Aspen, Colorado. Since opening its doors to business 26 years ago, Little Cliff' s Bakery has successfully operated at its original location, as a responsible and contributing member of Aspen' s economic community. Faced with the loss of that location, a search was commenced for an economically viable site which would permit Little Clitt' s Bakery to continue to serve the Aspen community. That search has identified the stucco structure on the Southeast corner of Main and Aspen Streets as suitable for this purpose. The existing structure would undergo restoration and interior modification. The site will provide for seven (7) on-site parking spaces, in addition to the available street parking. Unfortunately, the 0-Office zoning of the proposed site does - 1 - not permit Little Cliff' s intended bakery use. The only zone which permits a bakery use is the Commercial Core. However, the Commercial Core Zone is intended to address the use of land in the central core of the City, an area properly devoted to directly serving Aspen' s tourist industry, rather than a community bakery. A bakery, such as Little Cliff' s, which serves the community at large, is more suitable at the perimeter of the central core of the City, rather than in its midst. Therefore, bakery use is a logical use in those areas at the perimeter of the Commercial Core This concept is not without precedent since the Mesa Store Bakery operated at the corner of Fourth and Main Streets tor many years. The intersection of Aspen and Main Streets is certainly closer to the perimeter of the Commercial Core, and more appropriate to a shift in permitted uses, since this block already contains a food preparation and service facility. The proposed site is also suitable as a zone division point since it is at the most Westerly traffic control light on Main Street, and bounded on the West by Paepke Park, an ideal buffer for the transition from one level of use to another. Since the precedent of a bakery on Main Street exists, and a bakery use at the proposed location is appropriate, an amendment to the use designation of the Code is feasible. - 2 - The obvious approach for such a change, is to sponsor an amendment adding "bakery" to the conditional use definitions under the existing 0-Office zoning. While seemingly straightforward, this three-step procedure is very involved and complex because it requires a Code amendment, the securing of historic designation from HPC, and then proceeding through the conditional use process under Section 24-3. 3 of the Aspen Municipal Code. Under Section 24-3.3 , in considering the suitability of the conditional use, the Planning and Zoning Commission applies the following criteria: (1) Whether the proposed use otherwise complies with all requirements imposed by the zoning code; (2) Whether the proposed use is consistent with the objectives and purposes of this zoning code and the applicable zoning district; and (3) Whether the proposed use is designed to be compatible with surrounding land uses :and uses in the area. The proposal to place a bakery at 201 East Main Street meets the preceding criteria. The Littles plan to restore the exterior of the structure to its brick finish, as depicted on the rendering attached hereto as Exhibit "A" . The seven (7) on-site parking spaces which will access by way of the alley provide ample parking and meet Code requirements. - 3 - The interior of the front structure will be modified for bakery use to meet current Building Code requirements, and the rear structure will eventually be used for the storage of supplies. The proposed use is consistent with the objectives and purposes of the 0-Office Zone. The intention of this zone is: "To provide for the establishment of offices and associated commercial uses in such a way as to preserve the visual scale and character of formerly residential areas that now are adjacent to commercial and business areas and along Main Street and other high volume thoroughfares" Section 24-3 . 2 Aspen Municipal Code. The Littles ' use of the proposed site as a bakery is a commercial use which preserves the ' present scale and character of the structure, yet accomplishes a much needed "cosmetic" improvement. The surrounding uses include commercial retail to the North and East, and Paepke Park to the West. The residential structure to the South will be buffered from the subject structures by way of the parking area and alley. The proposed bakery use is compatible with the surrounding uses in that it will be open to the public during regular retail hours consistent with the surrounding commercial uses, operate without disturbing neighbors, and the use does not - 4 - !' duplicate any of the surrounding commercial uses. A more direct, and the preferred approach for providing for a bakery use at the proposed site, is the procedure used last Fall for the Moore property, located in the same block. This approach requires an amendment to the permitted use definitions , and concurrently proceeding through the rezoning process under Section 24-12. 5 of the Code to rezone the subject property to Commercial C-1 . Under the rezoning procedure, the Planning and Zoning Commission would evaluate the application under the following criteria: 1 . Compatibility of the rezoning proposal with the surrounding zone districts and land use in the vicinity of the site, considering the existing neighborhood characteristics, file applicable area and bulk requirements, and the suitability of the site for development in terms of on-site characteristics. 2. The impacts of the rezoning upon expected traffic generation and road safety, availability of on and off-street parking and ability to provide utility service in the vicinity of the site, including an assessment of the fiscal impact upon the community of the proposed rezoning. 3 . Impacts of the rezoning upon expected air and water quality in the vicinity of the site. 4. Analysis of the community need for proposed rezoning and an assessment of the relationship of the rezoning proposal to the goal of overall community balance. 5 . Compatibility of the proposed rezoning with the Aspen Area General Plan of 1966 , as amended. 6 . Whether the proposed; rezoning will promote the health, safety and general welfare of the residents and visitors to the City of Aspen. - 5 - The Planning and Zoning Commission then forwards to the City Council a report and recommendation on the rezoning application. Due to the nature of the bakery use, the application of the rezoning criteria should result in a favorable finding. As previously described, the proposal is compatible with the surrounding zones and uses. The access to the parking can safely occur by way of the alley, and the seven (7) oft-site parking spaces exceed the Code requirement. The proposal does not adversely impact ai4 or water quality, and the site does not upset the community balance since the bakery use will not detract from the neighboring commercial establishments. The proposal to rezone the site to C-1 is compatible with prior zoning plans in that the site was previously zoned commercial. Since Little Cliff's Bakery merely seeks an amendment in use and intends to restore the existing structures with interior modification to meet its operational needs, the voluntary deed-restriction limiting development rights to the area and bulk requirements of the O-Office Zone, as used in the Moore rezoning, should satisfy any concerns about the aesthetic impacts of the requested Code amendment. Both the rezoning approach andthe conditional use approach have advantages and disadvantages. The rezoning approach has the advantage of simplicity, expedience and - 6 - clarity because it avoids the third step. This procedure avoids a bifurcated, or sequential decision-making process, which of necessity gives rise to fears and expectations concerning the follow-up procedures, and can lend to disappointments on the part of all participants. Therefore, the rezoning procedure saves administrative and commission time, and incorporates the very strict rezoning criteria of Section 24-12. 5 (d) . The addition of bakery as a conditional use in the 0-Office Zone is a more direct approach in that it affects only the property in question. It does not require rezoning other parcels or require area and bulk concessions from two other parcels on that block. The conditional use procedure also affords an individual opportunity to examine this parcel for its suitability for a bakery use. In conclusion, each of the procedures described herein accomplishes the Littles ' goal of permitting the bakery use at the proposed location. Both approaches go through a strict administrative review and offer the opportunity tor public comment, Planning Office review, as well as Planning and Zoning Commission and City Council consideration. The preferred procedure is a rezoning or the property from 0-Office to C-1 Commercial, and a Code amendment allowing bakery use as a permitted use in the C-1 Zone. This procedure is not only feasible from a planning standpoint, but is the most expeditious and efficient procedure from the Applicant' s standpoint. little app/LANDUS - 7 - LAW OFFICES • GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION BOX 10001 315 EAST HYMAN AVENUE,SUITE 305 ASPEN,COLORADO 81611 GIDEON I.KAUFMAN October 17, 1986 TELEPHONE DAVID G.EISENSTEIN AREA CODE 303 925-8166 Mr. Alan Richman, Director Aspen/Pitkin County Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Conditional Use of a Bakery on Lots A, B, and C, Block 74, City and Townsite of Aspen Dear Alan: Please consider this letter as an application for a conditional use pursuant to an amendment to Section 24-3. 2 of the Aspen Municipal Code adding bakery as a conditional use to the 0-Office District, which contains the site, and Section 24-3.3 of the .Aspen Municipal Code entitled "Grant of Conditional Use" . My client, Little Cliff' s Bakery, seeks to relocate its 26-year old bakery business from 121 South Galena to 201 East Main Street. Its intent is to restore the historic brick facade of the main structure at that location, and modify its interior to current Code requirements, and, thereby, accommodate its intended bakery use. Included in this bakery conditional use, we would like the flexibility for over-the-counter service of such items as coffee, fruit drinks, bagels and cream cheese, and other associated sandwiches. There will be no waitressing service. The auxiliary structure at the rear of the premises would continue to be used as a one bedroom apartment. While only four (4) off-street parking spaces are mandated and possibly even fewer by special review, my client intends to provide six (6) on-site parking spaces with alley access which amply meets the Code requirements. The building certainly qualifies for historic designation which is being applied for. The conditional use can be granted subject to final historic designation. The grant of this conditional use, therefore, clearly complies with the requirements of the zoning Code, and is consistent with the objectives and purposes of the Code and zoning district in which it is situated as evidenced by the recent amendment adding bakery to the list of conditional uses in the 0-Office District. The intention of the 0-Office Zone is: "to provide for the establishment of offices and associated commercial uses in such a way as to preserve the visual scale and character • Mr. Alan Richman • October 17, 1986 Page 2 of formerly residential areas that are now adjacent to commercial and business areas, and along Main Street and other high volume thoroughfares" . Section 24-3. 2, Aspen Municipal Code. The Little' s use of the proposed site as a bakery is a commercial use which preserves the present scale and character of the structure, yet accomplishes a much needed "cosmetic" improvement. The surrounding uses include commercial retail to the North and East and Paepke Park to the West. The residential structure to the South will be buffered from the subject structures by way of the parking area and alley. The proposed bakery use is compatible with the surrounding uses in that it will be open to the public during regular retail hours consistent with the surrounding commercial uses, and operate without disturbing the neighbors. In addition, the use does not duplicate any of the other surrounding commercial uses. Clearly, this location is replete with commercial establishments which serve the permanent population, either directly or in support of their tourist based businesses. The block containing these premises also contains the In And Out House, a food preparation and food service business aimed primarily at the permanent population of Aspen. There can be no doubt that a community bakery would be compatible with surrounding uses and, in fact, a similar use in the form of the Mesa Store Bakery existed for many years just down the street from this proposed location. The impact on traffic should be minimal. In addition, the provision of six (6) off-street parking spaces should alleviate any concerns about additional traffic problems, and this relatively central location should find much of the traffic to be pedestrian. In consideration of the foregoing facts, I believe that the conditional use sought for this location to be most appropriate and consistent with the objectives and purposes of the zoning Code and appropriate for receiving approval as a conditional use. Naturally, if you have any concerns or questions regarding this matter, please feel free to contact me. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, a ProfOs$ional Corporation By \9', Gide Kaufman GK/bw � v CERTIFICATE OF MAILING 198 LqI hereby certify that on thi 31 may of 0 a true and correct copy of the attached Notice of Public Hearing was deposited in the United States mail, first-class postage prepaid, to the adjacent property owners as indicated on the attached list of adjacent property owners which was supplied to the Plannaing Office by the applicant in regard to the case nam: : on the public notice. l 7 1 al Nancy Crell Li' l l PUBLIC NOTICE RE: LITTLE CLIFF'S CONDITIONAL USE NOTICE IS HEREBY GIVEN that a public hearing will be held on November 18 , 1986 , at a meeting to begin at 5:00 P. M. before the Aspen Planning and Zoning Commission in City Council Chambers, 130 S. Galena Street, Aspen, Colorado, to consider an application submitted by Gideon Kaufman on behalf of Bill, Cliff and Ruth Little, requesting a conditional use permit to operate a bakery in the Office zone at 201 East Main Street, the corner of Aspen and Main Streets. This application is being submitted pursuant to Ordinance 46 , Series of 1986 , making a bakery a conditional use in the Office zone, which is scheduled for public hearing before the City Council on November 11 , 1986 a meeting to begin at 5: 00 P.M. For further information, contact the Aspen/Pitkin Planning Office, 130 S. Galena Street, Aspen, Colorado 81611 (303) 925- 2020 , ext. 223 . s/C. Welton Anderson Chairperson, Aspen Planning and Zoning Commission Published in the Aspen Times on October 23 , 1986 . City of Aspen Account. PUBLIC NOTICE RE: LITTLE CLIFF'S CONDITIONAL USE NOTICE IS HEREBY GIVEN that a public hearing will be held on November 18 , 1986 , at a meeting to begin at 5: 00 P. M. before the Aspen Planning and Zoning Commission in City Council Chambers, 130 S. Galena Street, Aspen, Colorado, to consider an application submitted by Gideon Kaufman on behalf of Bill, Cliff and Ruth Little, requesting a conditional use permit to operate a bakery in the Office zone at 201 East Main Street, the corner of Aspen and Main Streets. This application is being submitted pursuant to Ordinance 46 , Series of 1986 , making a bakery a conditional use in the Office zone, which is scheduled for public hearing before the City Council on November 11 , 1986 a meeting to begin at 5: 00 P. M. For further information, contact the Aspen/Pitkin Planning Office, 130 S. Galena Street, Aspen, Colorado 81611 (303) 925- 2020 , ext. 223 . s/C. Welton Anderson Chairperson, Aspen Planning and Zoning Commission Published in the Aspen Times on October 23 , 1986 . City of Aspen Account. MEMORANDUM TO: Aspen City Council THRU : Robert S. Anderson, Jr. , City Manager Ni*,FROM: Alan Richman, Planning and Development Director i* RE : Little Cliff ' s Bakery - Rezoning or Code Amendment DATE : October 8 , 1986 SUMMARY: The applicants, Bill , Cliff and Ruth Little request your approval of one of the following two zoning actions : 1 . Rezone 201 E. Main Street (corner of Main and Aspen) from Office to C-1 with an "H" overlay, and amend the permitted use list for the C-1 zone to include bakery use; or 2 . Amend the conditional uses in the office zone to include bakery use, and rezone 201 E. Main Street by the addition of an "H" overlay. The Planning Office and Planning Commission recommend the second option for the reasons given with the body of this memo. BACKGROUND: A bakery is a use allowed by right in the CC zone and nowhere else in the use tables. Given the way a bakery is likely to operate in Aspen, it could be expected that it would serve both local residents and tourists. Therefore, logical zone districts in which a bakery might be added as a permitted or conditional use would include the C-1 zone, the office zone, and possibly the NC zone . Given the location of the property in question, the only reasonable zones for evaluation at this time are C-1 and office. The applicant originally intended to approach this issue simply by requesting amendment of the use tables in the office zone to include the bakery use . However, at the urging of the Planning Office, the applicant has also evaluated rezoning the property to C-1 and amending the C-1 use table to include the bakery use. In making this suggestion, we asked the applicant to contact his neighbor , the owner of Explore Books , to join in the rezoning. Our reasoning was that we had recently rezoned the Moore Building on the corner of Monarch and Aspen to C-1 (limited by the area and bulk requirements of the office zone) . If the owner of Explore Books agreed to join in the rezoning, the entire block on Main from Monarch to Aspen would have been zoned C-1 , (limited by the area and bulk requirements of the office zone) . When that owner declined to join in the rezoning, our support for this alternative vanished. We will , however, evaluate this option since it remains the applicants preferred alternative. PROBLEM DISCUSSION: Because of the nature of this application, involving an amendment to the use tables and possible rezoning of the property , there are two basic questions which should be answered at this time : 1 . Is a bakery an appropriate use in this location? 2. Is a bakery an acceptable use in any location zoned C-1 or 0? In deciding whether the bakery is an appropriate use of this corner, the following items should be evaluated: o Compatibility with surrounding uses; o Expected generation of traffic; o Availability of parking; o Access for delivery vehicles; and o Other impacts from proposed operation. The bakery use appears to be compatible with neighboring uses. The block from Monarch to Aspen on Main has a mix of local and tourist serving uses, including a sandwich shop, clothes stores, a book store and the like. The fact that Paepcke Park is directly across from this corner creates a natural "edge" for the commercial portion of Main Street, allowing the transition to its more residential/lodging/office character as one heads out of town. While we would prefer to have such a high volume customer operation within closer walking distance of the core, we recognize the cost of such locations and the need for this use to look elsewhere. In favor of this location is the availability of on-street parking on Main and Aspen Streets and the owner ' s willingness to provide 7 spaces off the alley. We are unclear at this time how delivery vehicles would serve the bakery, but feel that these and other impacts can be well addressed in a conditional use review. As regard the acceptability of the use in the C-1 or 0 zones, we note that the intent of the C-1 zone is for " commercial uses which are not primarily oriented toward serving the tourist population. " This use is clearly consistent with the stated intent of the zone, and with the uses already permitted in the zone such as bookstore, camera shop, jewelry store and similar retail outlets. The office zone on the other hand allows for limited commercial uses (generally those which historically have 2 appeared on Main St. ) which can preserve the visual scale and character of what were formerly residential areas along Main Street. The bakery would be consistent with this concept since the Mesa Store was once a bakery. Further, adding the bakery to the list of conditional uses is consistent with the policy of the Historic Preservation Element to expand the uses to which historic structures can be put. In summary then, it is the Planning Office ' s opinion that: 1. Some type of bakery appears to be a reasonable use of this corner (provided its site specific impacts can be addressed in the context of a conditional use review) ; and 2 . A bakery is a use which could be included in either the C-1 or Office zones. Therefore, the next section of this memo evaluates which of the two zoning options is preferable, recognizing that based on the above two findings, it is our intent to support one alternative or the other. ALTERNATIVE ANALYSIS: Rezoning the corner to C-1 with an "H" overlay has the following advantages and disadvantages : Advantages Disadvantages 1. A bakery is fully consistent 1 . By leaving lots D and E with the intent of the C-1 zoned office (Explore Books) zone. we may be creating a "spot" zone on this corner. 2 . The applicant will limit the 2 . Making the bakery a use site' s area and bulk require- allowed by right will give ments to those of the office us no review over its zone, preserving the street opeation and we have already scale. heard concerns from neighbors about delivery impacts. 3 . This is the simplest approach for the applicant as no conditional use review is needed and the historic designation takes care of the GMP issue (change in use) . 4 . The site is designated as part of the "central area" on the Aspen Land Use Pl an. 3 Amending the use tables to make a bakery a conditional use in the Office zone and rezoning the corner with an "H" overlay has the following advantages and disadvantages : Advantages Disadvantages 1 . A bakery is a historic use 1 . The conditional use along Main Street and therefore process adds one more fits in with the other step to the applicant ' s conditional uses in the zone. review procedure. 2 . The conditional use process will allow us to evaluate the site specific impacts of any bakery operation in the zone. 3 . The "H" overlay will address the GMP (change in use) aspects of the proposal. 4 . If the operation grows significantly in the future, the conditional use process provides the only opportunity to mitigate those impacts and hear from neighbors since expansion of designated structures is exempt from GMP. As can be seen, both options have numerous advantages, and only a limited number of disadvantages. However, the two disadvantages of the rezoning to C-1 far outweigh the single disadvantage of the office zone conditional use alternative. We believe that the neighbors to this proposal deserve the opportunity to review the specific operation plan for the bakery and to be heard when and if the use grows in the future. We also are uncomfortable with the rezoning without having the entire block as participants. ADVISORY COMMITTEE VOTE: Seven in favor , none against. RECOMMENDED MOTION: Move to read Ordinance `Rd and S Move to adopt on 1st reading Ordinance and Ni_. AR.101 LAW OFFICES GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION BOX 10001 315 EAST HYMAN AVENUE,SUITE 305 ASPEN,COLORADO 81611 GIDEON I.KAUFMAN TELEPHONE DAVID G.EISENSTEIN AREA CODE 303 925-8166 October 3, 1986 PWC22 "171-- 61986 I rin Mr. Alan Richman, Director Aspen/Pitkin County Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Little Application Dear Alan: Be advised that the correct legal description for the Littles ' application is Lots A, B, and C, Block 74 , City and Townsite of Aspen, County of Pitkin, State of Colorado. I would appreciate your amending said application to reflect the correct legal description by the addition of Lot C which was inadvertantly omitted due to a typographical error. Thank you for your thoughtful consideration. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, a Professional Corporation By Gide , aufman GK/bw MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Alan Richman, Planning and Development Director RE : Little Cliff ' s Bakery - Rezoning or Code Amendment DATE : October 1 , 1986 SUMMARY: The applicants, Bill, Cliff and Ruth Little request your approval of one of the following two zoning actions : 1 . Rezone 201 E. Main Street (corner of Main and Aspen) from Office to C-1 with an "H" overlay, and amend the permitted use list for the C-1 zone to include bakery use; or 2. Amend the conditional uses in the office zone to include bakery use, and rezone 201 E. Main Street by the addition of an "H" overlay. The Planning Office recommends the second option for the reasons given with the body of this memo. BACKGROUND: A bakery is a use allowed by right in the CC zone and nowhere else in the use tables. Given the way a bakery is likely to operate in Aspen, it could be expected that it would serve both local residents and tourists. Therefore, logical zone districts in which a bakery might be added as a permitted or conditional use would include the C-1 zone, the office zone, and possibly the NC zone . Given the location of the property in question, the only reasonable zones for evaluation at this time are C-i and office. The applicant originally intended to approach this issue simply by requesting amendment of the use tables in the office zone to include the bakery use . However , at the urging of the Planning Office, the applicant has also evaluated rezoning the property to C-1 and amending the C-1 use table to include the bakery use. In making this suggestion, we asked the applicant to contact his neighbor , the owner of Explore Books, to join in the rezoning. Our reasoning was that we had recently rezoned the Moore Building on the corner of Monarch and Aspen to C-1 (limited by the area and bulk requirements of the office zone) . If the owner of Explore Books agreed to join in the rezoning, the entire block on Main from Monarch to Aspen would have been zoned C-1 , (limited by the area and bulk requirements of the office zone) . When that owner declined to join in the rezoning, our support for this alternative vanished. We will , however , evaluate this option since it remains the applicants preferred alternative. PROBLEM DISCUSSION: Because of the nature of this application, involving an amendment to the use tables and possible rezoning of the property, there are two basic questions which should be answered at this time : 1 . Is a bakery an appropriate use in this location? 2. Is a bakery an acceptable use in any location zoned C-1 or 0? In deciding whether the bakery is an appropriate use of this corner, the following items should be evaluated: o Compatibility with surrounding uses; o Expected generation of traffic; o Availability of parking; o Access for delivery vehicles; and o Other impacts from proposed operation. The bakery use appears to be compatible with neighboring uses. The block from Monarch to Aspen on Main has a mix of local and tourist serving uses, including a sandwich shop, clothes stores, a book store and the like. The fact that Paepcke Park is directly across from this corner creates a natural "edge" for the commercial portion of Main Street, allowing the transition to its more residential/lodging/office character as one heads out of town. While we would prefer to have such a high volume customer operation within closer walking distance of the core, we recognize the cost of such locations and the need for this use to look elsewhere. In favor of this location is the availability of on-street parking on Main and Aspen Streets and the owner ' s willingness to provide 7 spaces off the alley. We are unclear at this time how delivery vehicles would serve the bakery, but feel that these and other impacts can be well addressed in a conditional use review. As regard the acceptability of the use in the C-1 or 0 zones, we note that the intent of the C-1 zone is for "commercial uses which are not primarily oriented toward serving the tourist population. " This use is clearly consistent with the stated intent of the zone , and with the uses already permitted in the zone such as bookstore, camera shop, jewelry store and similar retail outlets . The office zone on the other hand allows for limited commercial uses (generally those which historically have appeared on Main St. ) which can preserve the visual scale and character of what were formerly residential areas along Main 2 Street. The bakery would be consistent with this concept since the Mesa Store was once a bakery. Further, adding the bakery to the list of conditional uses is consistent with the policy of the Historic Preservation Element to expand the uses to which historic structures can be put. In summary then, it is the Planning Office' s opinion that: 1 . Some type of bakery appears to be a reasonable use of this corner (provided its site specific impacts can be addressed in the context of a conditional use review) ; and 2 . A bakery is a use which could be included in either the C-1 or Office zones. Therefore, the next section of this memo evaluates which of the two zoning options is preferable, recognizing that based on the above two findings, it is our intent to support one alternative or the other. ALTERNATIVE ANALYSIS: Rezoning the corner to C-1 with an "H" overlay has the following advantages and disadvantages : Advantages Disadvantages 1. A bakery is fully consistent 1 . By leaving lots D and E with the intent of the C-1 zoned office (Explore Books) zone. we may be creating a "spot" zone on this corner. 2 . The applicant will limit the 2 . Making the bakery a use site' s area and bulk require- allowed by right will give ments to those of the office us no review over its zone, preserving the street opeation and we have already scale. heard concerns from neighbors about delivery impacts. 3 . This is the simplest approach for the applicant as no conditional use review is needed and the historic designation takes care of the GMP issue (change in use) . 4 . The site is designated as part of the "central area" on the Aspen Land Use Plan. 3 Amending the use tables to make a bakery a conditional use in the Office zone and rezoning the corner with an "H" overlay has the following advantages and disadvantages: Advantages Disadvantages 1 . A bakery is a historic use 1 . The conditional use along Main Street and therefore process adds one more fits in with the other step to the applicant ' s conditional uses in the zone. review procedure. 2. The conditional use process will allow us to evaluate the site specific impacts of any bakery operation in the zone . 3 . The "H" overlay will address the GMP (change in use) aspects of the proposal. 4 . If the operation grows significantly in the future, the conditional use process provides the only opportunity to mitigate those impacts and hear from neighbors since expansion of designated structures is exempt from GMP. As can be seen, both options have numerous advantages, and only a limited number of disadvantages. However, the two disadvantages of the rezoning to C-1 far outweigh the single disadvantage of the office zone conditional use alternative. We believe that the neighbors to this proposal deserve the opportunity to review the specific operation plan for the bakery and to be heard when and if the use grows in the future. We also are uncomfortable with the rezoning without having the entire block as participants. RECOMMENDATION: Based on the above conclusions, we recommend that the P&Z recommend an amendment to the office zone to include bakery as a conditional use for individually designated historic structures. Further, as recommended by the APC, we recommend that P&Z recommend that Council designate this site with an "H" ov a rl ay. AR.101 Nature's Storehouse -, .., 620 East Hyman Aspen, Colorado 81612 i 11 t September 11, 1986 Planning & Zoning City Hall 130 South Galena Aspen, Colorado 81612 Gentlemen: We would like to inform Planning and Zoning that we at Nature's Store House are in complete support of the move of Little Cliff's Bakery to Main Street. We did offer Bill a space in our new building but he felt he could do better in his own building. Bill has been in business for 26 years, as you know. He has gained the respect and approval of the town and has been an asset to the community. He has helped young people with an optimistic view of life. Little Cliff' s is not just a bakery but an institution that deserves the recognition and support of a town that supports a man like Bill. We are very supportive of his business and his move. Please consider that an institution doesn't get torn down with a building, but grows and propspers with the aid and support of the community. Sincerely, Gregg Gibb CERTIFICATE OF NAILING IL L I hereby certify that on this I n day of �iY,� 198 , a true and correct copy of the attached Notice of Public Hearing was deposited in the United States mail, first-class postage prepaid, to the adjacent property owners as indicated on the attached list of adjacent property owners which was supplied to the Planning Office by the applicant in regard to the case named on the aforementioned public notice. J et Lynn Raczak • PUBLIC NOTICE RE: Little Cliff 's Bakery Rezoning Municipal Code Amendment: Section 24-3 .2 Permitted and Conditional Uses - Zb Allow Bakery Use in 0-Office and C-1 Zone Districts Parcel ID# 2737-073-28-001 NOTICE IS HEREBY GIVEN that a public hearing will be held on October 7 , 1986, at a meeting to begin at 5: 00 P.M. before the Aspen Planning and Zoning Commission in City Council Chambers, 130 S.. Galena Street, Aspen, Colorado, to consider an application submitted by Gideon Kaufman on behalf of his clients Bill, Clift and Ruth Little, requesting rezoning of 201 East Main Street from 0-Office to. C-1 Commercial and the concurrent amendment of the permitted uses in the C-1 Zone to include bakery use.. In the alternative, the Applicants are requesting an amendment of the Conditional Use Tables in the 0-Office Zone District to include bakeries as an allowed use. For further information, contact the Aspen/Pitkin Planning Office, 130 S. Galena Street, Aspen, Colorado 81611 (303) 925- 2020, Ext. 223 . s/C. Welton Anderson Chairperson, Aspen Planning and Zoning Commission Published in the Aspen Times on September 9, 1986 . City of Aspen Account. N..8 CroN3 'T1 c-4 N7r > iT10 tdc1t- cI bd -J n H x H tnron7 > mn fD • 1-' a N • a co N a N • 1-' O a LP O tD O '- CD 0 J . 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KAUFMAN Li U A PROFESSIONAL CORPORATION BOX 10001 315 EAST HYMAN AVENUE,SUITE 305 ASPEN,COLORADO 81611 GIDEON I.KAUFMAN September 12, 1986 TELEPHONE DAVID G.EISENSTEIN AREA CODE 303 925-8166 Mr. Alan Richman, Director Aspen/Pitkin County Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Proposed location of Little Cliff' s Bakery on Lots A and B, Block 74 , City and Townsite of Aspen Dear Alan: Enclosed for your review are the following described documents: 1 . Correspondence from Stewart Title dated September 10 , 1986 , verifying their search of the records of the Assessor' s and Treasurer' s offices in respect to Lots A and B, Block 74, City and Townsite of Aspen. 2. Also enclosed is the listing prepared by Stewart Title of all parties and their addresses constituting the property owners within 300 feet of the subject property. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, a Professional Corporation BY /46. 4,40_, • aar.ara K. Purvis BKP/bw Enclosures cc: Cliff Little wi Ci iy of L0otract STEWARI"FITEE OF ASPEN, INC. 602 E. HYMAN • ASPEN,COLORADO 81611 • (303)925-3577 September 10, 1986 Ms. Barbara Purvis Re: Surrounding property owners of Lots A & B, Block 74, City and Townsite of Aspen. A search of the records of this office and those of the Assessor and Treasurer of Pitkin County, Colorado, reveals parties on the attached as owners of property within a 300 foot radius of Lots A & B, Block 74, City and Townsite of Aspen. Although our search was thorough and we believe the sstatements herein to be true, this is neither a guaranty or opinion of title and it is understood and agreed that Stewart Title of Aspen, Inc. neither assumes nor will be charged with any financial obligation or liability on any statement contained herein. Thank you. 1:1,14 (//a/67-cd Hazel I. Herwick Title Examiner HW/pdm MEMORANDUM T0: City Attorney FROM: Alan Richman, Planning Office RE: Little Cliff 's Bakery Rezoning/Code Amendment Parcel ID# 2737-073-28-001 DATE: September 2, 1986 Attached for your review is an application submitted by Gideon Kaufman on behalf of his clients Bill, Cliff and Ruth Little, requesting rezoning of 201 East Main Street from 0-Office to C-1 Commercial and the concurrent amendment of the permitted uses in the C-1 Zone to include bakery use.. In the alternative, the Applicant is requesting an amendment of the Conditional Use Tables in the 0-Office Zone District to include bakery use. Please review this request and return your referral comments to the Planning Office no later than September 17 , 1986. Thank you. M.2 C� w�e6eo�/�c� /II° ��� to 4 9rn -rd-sFew awd �aliz. s ' ' si/pIo�7S vet / O6 /. y q° � 4�- I,g Z. o((-1--. , a s c� /gb. y 7--- z‘Ee' /ezz/h GI . Zi . '; yam; '�"\fir e ° ^� .,2,1h..14,74-,,,..._,, I-,•-,1 , r -`cegL`. ,I- �, r �i ,,' +u4 f r arI' I y ��� E I vy /� � �f' F^ Cr�; � �� � � r' j � i>�� t 7 p j s R f i /:1, rw,'''ry 7. I / 9 t,,e J it aril x[ !�kr 's" IJ[i=111pp1II E[ R I ,- "Y ''k!I\ .'M �i _ :—' � yY4. j I;r��k 7 [i I. �� [ RIB .ai IIIIIildll�llllll�fin�,�� � � �`� r / �' _" r rz� !Ills I _ 1 .1 - .' *�- i� -_ ,, f 1~I •,•••IbArno Irk I..III 0r aCl �. ,- c �` r I 1 �, ,a „ 4 T ' 5 'i k..l -fit III--13 'I�: ,IIz z1•„ � .4 iA A A,Ir1 1rcocar��uri , L� - 1 °_; I 1 NA. a�' =sa ! I IIIIIIIIIIIII11I11IIII !I I �,.I, q[E__ it — NI -- -2_—_ a PROPOSED LOCATION OF LITTLE CLIFFS BAKERY - 201 MAIN STREET- CORNER OF ASPEN ST AND MAIN ASPEN COLORADO-JULY 86 o2alEr0 e ?S +ail BILL RUTH To,c, CLIFF LITTLE LITTLE CLTTS 8AICERY-ION 286 ASOCN.CO.81612 TT s " 1' M E M O R A N D U M (i °. r 8 r9w To: Planning Office From: Gideon Kaufman Re: Little Cliff' s Date: 8/8/86 Since opening its doors to business twenty-six years ago, Little Cliff' s Bakery has successfully operated as a responsible and contributing member of Aspen' s economic community at its original location. Faced with the loss of that location, a search was commenced for an economically viable site which would permit Little Cliff' s Bakery to continue to serve the Aspen community. That search has identified the stucco structure on the Northeast corner of Main and Aspen Streets as suitable for this purpose, unfortunately, its Office-O zoning does not permit Little Cliff' s intended bakery use. The only zone which permits a bakery use, the Commercial Core, appears to be more economically and properly devoted to directly serving Aspen' s tourist industry. A bakery which serves the community at large is more suitable at the perimeter of the Commercial Core rather than in its midst. This concept is not without precedent since the Mesa Store Bakery maintained a bakery at the corner of Fourth and Main Streets for many years. The intersection of Aspen and Main Streets is certainly closer to the perimeter of the - 1 - Commercial Core, and more appropriate to a shift in permitted uses since this block already contains a food preparation and service facility. This site is also significant as a zone division point since it is at the most Westerly traffic control light on Main Street, and bounded on the West by Paepke Park, an ideal buffer for the transition from one level of use to another. Since the precedent of a bakery on Main Street exists, and a bakery use is at this proposed location is more appropriate, an amendment to the use designation of the zoning code is required. The obvious approach to providing for such a change, is to sponsor an amendment adding "bakery" to the conditional use definitions under the existing Ottice-O zoning. While seeming straightforward, this three-step procedure is more involved and complex because it requires a Code amendment, the securing of historic designation from HPC, and then proceeding through the conditional use process under Section 24-3. 3 of the zoning code. A more direct approach is that used last fall for the Moore property in the same block. This approach requires an amendment to the permitted use definitions, and concurrently proceeding through the rezoning process under Section 24-12 .5 of the zoning code to rezone this property C-1 . Because Little Cliff' s Bakery merely seeks an amendment in use and intends to restore the existing structures with interior - 2 - modifications to meet its operational needs, the voluntary deed-restriction limiting development rights to the area and bulk requirements of the Office-0 Zone as used in the Moore rezoning should satisfy any concerns about the aesthetic impacts of such an amendment. Both the rezoning approach and the conditional use approach have advantages and disadvantages. The rezoning approach has the advantage of simplicity, expendience and clarity because it avoids the third step. This procedure avoids a bifurcated, or sequential decision-making process, which of necessity gives rise to fears and expectations concerning the follow-up procedures, and can lend to disappointments on the part of all participants. Therefore, the rezoning saves administrative and commission time, and contains the very strict rezoning criteria of Section 24-12 .5 (d) . The addition of bakery as a conditional use in the 0-Office Zone is a more direct approach in that it affects only the property in question. It does not require rezoning other parcels or require area and bulk concessions from two other parcels on that block. The conditional use procedure also affords an individual opportunity to examine this parcel for its suitability for a bakery use. An examination of both these approaches show that both alternatives will accomplish a bakery use for the Littles at their desired location. I don't believe that either - 3 - . alternative creates a problem for the community. Both approaches go through a strict review and offer an opportunity for public comment, Planning Office review, as well as Planning and Zoning Commission and City Council approval. I hope that the information contained in this memo will allow you to move forward as expeditiously as possible on this particular application as the Planning and Zoning Commission seemed very enthusiastic about helping the Littles in a time frame that both meets your busy schedule and the realistic needs of an ongoing business. little memo/DAILY3 - 4 - CITY OF ASPEN 130 south galena street aspen , • colorado 81611 303- 925 -2020 LAND'SE APPLICATION FORM DATE SUBMITTED August FEES $1,490.00 NAME LITTLE, RUTH LITTLE and CLIFF LITTLE c/o Law Offices of Gideon I. Kaufman, P.C. ADDRESS 315 E. Hyman, Suite 305, Aspen, CO 81611 PHONE 925-8166 NAME OF PROJECT Little Cliff's Bakery Land Use Application PRESENT ZONING 0-Office LOT SIZE LOCATION 201 E. Main St. (Lots A and B. Block 741 City and Townsite of Aspen) (indicate street address, lot and block number. May require legal description. A vicinity map is very useful. ) CURRENT BUILD-OUT N/A sq. ft. units PROPOSED BUILD-OUT N/A sq. ft . units DESCRIPTION OF EXISTING USES vacant residential structure DESCRIPTION OF LAND USE PROPOSAL See attached Exhibit "A" TYPE OF APPLICATION Rezoning and Permitted Use Code Amendment or Conditional Use Code Amendment APPLICABLE CODE SECTION (S) Section 24-3.2 Permitted and Conditional Uses„ Section 24-3.3 Grant of Conditional Use, and Section 24-12.5 Application by Private Landowners PLAT AMENDMENT REQUIRED YES No _ NO DATE PRE-APPLICATION CONFERENCE COMPLETED August 13, 1986 ATTACHMENTS: 1. All applicants must supply Proof of Ownership in the form of a title insurance commitment or statement from an attorney indicating that he/she has researched the title and verifies that the applicant is the owner of the property (free of liens and eucumbrances. ) 2 . If the process requires a public hearing, a Property Owner's List must be supplied which gives all owners within 300 feet in all directions in some cases and adjacent owners in some cases. 3. Number of copies required (by code and/or in pre-application conference . ) 4 . Plat by Registered Surveyor Yes No