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HomeMy WebLinkAboutExhibit C.1_Almresi Staff FindingsExhibit C.1 | Almresi Staff Findings Page | 3 TEMPORARY USES Land Use Code Section 26.450.030 When considering a development application for a temporary use or an insubstantial temporary use, the Community Development Director or City Council shall consider, among other pertinent factors, the following criteria as they or any of them, relate thereto: A. Location, size, design, operating characteristics, and visual impacts of the proposed use. Staff Response: Staff appreciates the unique and innovative design approach proposed by the applicant. It is not surprising that dining in the gondola cars is popular among customers. However, as depicted in Figure 1, the size, design and visual impacts of the gondola cars appear to contrast with the street-facing facades of the building. There appears to be limited open space on the property for the gondola cars to be located. As a result, the gondola cars appear to be block much of the first-floor fenestration of the building and even appear to block the view of one of the entry doors. Additionally, the operating characteristics of each gondola car is tantamount to adding Net Leasable space. Each car can accommodate up to eight people. With three cars proposed, twenty-four additional customers may be seated at any given time. Lastly, each gondola car will likely require a heating apparatus to create a comfortable dining atmosphere. These improvements lack adequate insulation values and would likely use much more energy compared to the same amount of square footage inside of the building. The applicant is encouraged to apply for temporary use of the gondola cars for up to fourteen days over the coming winter season. Staff can review the application administratively and is likely to support use of these unique structures. However, placing the gondola cars outside for multiple months is inconsistent with the Land Use Code and City Council goals relating to mitigation standards and energy use. Staff finds this criterion to be met if the gondola cars are located outside for 14- days or less. Staff finds this criterion to be not met if the gondola cars are outside for more than 14-days. Figure 1: Gondola Cars Placed During the COVID Exemption Period Exhibit C.1 | Almresi Staff Findings Page | 4 B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. Staff Response: Although the gondola cars provide a unique dining experience, they are generally found to be out of character with structures in the immediate vicinity. The surrounding buildings are made of more permanent materials, including brick and stone. Additionally, the land use code emphasizes fenestration to maximize the relationship that buildings have with the street and surrounding right-of-way. The gondola cars block several windows on the adjacent building and even impact view of the entry doors. Staff finds this criterion to be met if the gondola cars are located outside for 14-days or less. Staff finds this criterion to be not met if the gondola cars are outside for more than 14-days. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. Staff Response: The proposed gondolas are tantamount to increasing Net Leasable space. Up to twenty-four people may sit in these structures at any given time. Augmenting restaurant operations will increase pedestrian and vehicular traffic, demands on municipal services and noise levels in the neighborhood. Staff finds this criterion to be met if the gondola cars are located outside for 14-days or less. Staff finds this criterion to be not met if the gondola cars are outside for more than 14-days. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. Staff Response: The subject property installed gondola cars outside during the COVID-exemption period. Commercial Design Standards, Growth Management Standards, and Temporary Use standards were waived at that time to accommodate public health orders. No precedent has been established to allow for the installation of gondola cars on the property. Staff finds this criterion to be not met. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Response: The purpose of the Lodge (L) Zone District is to encourage the operation of lodges, tourist-oriented multi-family buildings, high occupancy timeshares, and ancillary uses compatible with lodging to support the City’s resort economy. The proposed gondola cars would support these purposes. Staff finds this criterion to be met. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. Staff Response: The use of gondola cars to augment restaurant operations is not in itself not an incompatible use within the zone district. However, these types of Exhibit C.1 | Almresi Staff Findings Page | 5 temporary have been generally disallowed in the Lodge (L) Zone Districts for extended periods of time. Staff finds this criterion to be met if the gondola cars are located outside for 14-days or less. Staff finds this criterion to be not met if the gondola cars are outside for more than 14-days. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. Staff Response: Installing gondola cars during the winter months to allow patrons of the restaurant to augment restaurant operations for a significant portion of the year will add pressure on affordable housing, traffic generation, parking demand and other city services without the mitigation that is generally required for these impacts. Staff finds this criterion to be met if the gondola cars are located outside for 14-days or less. Staff finds this criterion to be not met if the gondola cars are outside for more than 14-days. GROWTH MANAGEMENT QUOTA SYSTEM: 26.470.040.I; Temporary uses and structures. The development of a temporary use structure shall be exempt from growth management, subject to the provisions of Chapter 26.450, Temporary Uses. Temporary external airlocks shall only be exempt from the provisions of this Chapter if compliant with the applicable sections of Commercial Design Review – Chapter 26.412, and approved pursuant to Chapter 26.450 Temporary Uses. Tents, external airlocks, and similar temporary enclosures located on commercial properties and supporting commercial uses shall only be exempt from the provision of this Chapter, including affordable housing mitigation requirements, if compliant with the applicable sections of Commercial Design Review – Chapter 26.412, if erected for 7 consecutive days or less in a 12-month period, and approved pursuant to Chapter 26.450 – Temporary Uses. Erection of these enclosures for longer than 7 consecutive days in a 12-month period shall require compliance with the Commercial Design Review – Chapter 26.412, and compliance with the provisions of this Chapter including affordable housing mitigation. Staff Response: The applicant is requesting a 122-day temporary use approval, requiring compliance with Commercial Design Guidelines (below), and affordable housing mitigation. Staff has calculated the appropriate affordable housing mitigation for 108 days (less the 14 day exemption) as $352.66 for the proposed use. This figure was calculated using updated cash-in-lieu figures for Category 4 – and the methodology described in 26.470.090.F; Temporary Uses and Structures. COMMERCIAL DESIGN STANDARDS AND GUIDELINES NOTE: Responses are only for the applicable review criteria for this project.  General Standards 1.23 Building materials shall have these features: • Convey the quality and range of materials found in the current block context or seen historically in the Character Area. • Convey pedestrian scale. • Enhance visual interest through texture, application, and/or dimension. Exhibit C.1 | Almresi Staff Findings Page | 6 • Be non-reflective. Shiny or glossy materials are not appropriate as a primary material. • Have proven durability and weathering characteristics within Aspen’s climate. • A material with an integral color shall be a neutral color. Some variation is allowed for secondary materials. Staff Response: Although the gondola cars provide a unique setting, these types of improvements do not have proven durability or weather characteristics for their proposed use. Significant energy is likely required to create a comfortable dining atmosphere inside each structure. The materials of the gondola cars are also incompatible with the current block and context of the neighborhood. Surrounding buildings are made of stone, wood and brick. It is worth noting that the unique nature of gondola cars in the neighborhood would likely provide some pedestrian scale. Lastly, the applicant has indicated that all signage on the gondola cars will be removed, which is required by Code. Staff finds this criterion to be met if the gondola cars are located outside for 14-days or less. Staff finds this criterion to be not met if the gondola cars are outside for more than 14-days. 1.24 Introducing a new material, material application, or material finish to the existing streetscape may be approved by HPC or P&Z if the following criteria are met: • Innovative building design • Creative material application that positively contributes to the streetscape. • Environmentally sustainable building practice. • Proven durability. Staff Response: While the gondola cars do introduce a new material using metal and plastic-based glass, staff finds this material pallet inconsistent with the neighborhood context. These materials also do not have proven durability to accommodate a comfortable dining experience without the use of outdoor heating to compensate for the lack of insulation. Staff finds this criterion to be met if the gondola cars are located outside for 14-days or less. Staff finds this criterion to be not met if the gondola cars are outside for more than 14-days.  Mountain Base Character Area Design Standards 6.4 Incorporate open space into building placement and site design. Staff Response: The Chart House Planned Development approval documents represent open space surrounding the building. With that said, existing open space surrounding the building is limited. As depicted in Figure 1, placing gondola cars in this space removes much of the buffer between the existing building and the right- of-way. Because of the limited open space, there are few locations for which the gondola cars may be placed without overcrowding the building façade. Staff finds this criterion to be met if the gondola cars are located outside for 14-days or less. Staff finds this criterion to be not met if the gondola cars are outside for more than 14-days. Exhibit C.1 | Almresi Staff Findings Page | 7 6.8 Easily identifiable architectural details are encouraged. • Character defining details are recommended to engage the pedestrian, to promote variety of architecture, and to aid in wayfinding. Staff Response: Although the Mountain Base Character Area encourages use of a wide material palette given the eclectic nature of this neighborhood, the use of the materials proposed for the gondolas are not compatible with the neighborhood context. Many of the surrounding buildings incorporate an array of materials, but the application of these is provides durability that is compatible with Aspen’s climate. Staff finds this criterion to be met if the gondola cars are located outside for 14-days or less. Staff finds this criterion to be not met if the gondola cars are outside for more than 14-days.