HomeMy WebLinkAboutTemporary Use Batch Request 2022_Memo_Round 2_
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MEMORANDUM
TO: Mayor Torre and Aspen City Council
FROM: Kevin Rayes, Planner
THROUGH: Phillip Supino, Community Development Director
MEETING DATE: November 29, 2022
RE: Temporary Use Requests
Jing (413 E. Main St.) | Resolution #145, Series of 2022
Limelight (355 S. Monarch St.) | Resolution #146, Series of 2022
Almresi (219 E. Durant Ave. Unit C-5 | Resolution #147, Series 2022
APPLICANTS:
1. Kate Lu, Jing Aspen
2. John Perko, Aspen Skiing Company
3. Alyssa Thoma, Almresi
LOCATIONS:
1. Jing Aspen (413 E. Main St.)
2. Limelight (355 S. Monarch St.)
3. Almresi (219 E. Durant Ave. Unit C-5)
CURRENT ZONING:
1. Jing- Commercial Core (CC)
2. Limelight- Lodge (L) with a Planned
Development (PD) overlay
3. Almresi – Lodge (L) with a Planned
Development (PD) overlay
REQUEST OF COUNCIL:
The applicants are seeking temporary use
approval to erect temporary enclosures for
the winter season.
STAFF RECOMMENDATION:
Staff recommends that Council review
each application on a case-by-case basis
and consider the general discussion of this
memo related to the Growth Management,
Commercial Design Review and
Temporary Use standards. Staff does not
recommend the approval of spaces to
expand restaurant capacity in temporary
spaces for the duration of the winter
season.
Figure 1: Jing (413 E. Main St.)
Figure 2: Limelight (355. S. Monarch St.)
Figure 3: Almresi (219 E. Durant Ave. Unit C-5)
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1. One exception is that a restaurant may place a trellis over outdoor dining, as seen at the
adjacent restaurant, Mi Chola. The street-facing sides of the structure must remain open.
REQUEST OF COUNCIL:
The applicants are requesting the following land use approvals:
Temporary Use Review (26.450.030)
The applicants are requesting temporary Use approval to erect temporary structures in
accordance with Chapter 26.450 of the Land Use Code for the following properties and time
periods:
1. Jing (413 E. Main St.): 122 days
2. Limelight (355 S. Monarch St.): 125 days
3. Almresi (219 E. Durant Ave. Unit C-5): 122 days
The Community Development Director may approve temporary structures that are erected for
less than fifteen days within a 12-month period. Alternatively, Council may approve temporary
uses for up to 180 days within a 12-month period, for no more than ten years. City Council is
the final review authority.
SUMMARY AND BACKGROUND:
In October of 2020, City Council approved Resolution #86, Series of 2020 which waived
Commercial Design and Growth Management Reviews for temporary structures located within
commercial and lodge zone districts. The purpose was to “proactively and swiftly work to minimize
further economic disruption and actively encourage its recovery,” and also respond to public
health orders related to social distancing at a time when COVID-19 infection rates were elevated.
As COVID-19 infection rates began to decline, and public health orders were lifted, staff worked
with businesses to ensure all temporary structures and related improvements would be removed
no later than May 1st, 2022.
Today, all provisions of the land use code are in effect. Just as before the onset of COVID-19,
each request to erect a temporary structure is subject to Commercial Design, Growth
Management and Temporary Structure Reviews. A total of seven businesses have applied to
erect temporary outdoor structures for the upcoming season. Three applications are requested
for review at this hearing.
Request 1: Jing (413 W. Main)
Jing is a restaurant located within the
Commercial Core (CC) zone district
and within the Historic District. The
restaurant can accommodate
approximately 88 guests indoors.
During summer months, additional
seating is available outside the front of
the property. The open area along this
frontage is required Pedestrian
Amenity Space, which must be open to
the sky.1 The applicant is interested in
utilizing the outdoor space year-round.
Figure 4: Porch Approved by HPC
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On October 16, the Historic Preservation Commission
reviewed a request to erect an “open and airy” exterior
covered patio in front of the restaurant. The HPC
approved the application via Resolution #17, Series of
2022.
The applicant requests Council approval to enclose the
structure with prefabricated walls and windows to utilize
the space during the winter months for a total of 122
days.
Request 2: The Limelight (315 E. Dean St.)
The Limelight Hotel Planned
Development was approved in 2006
via Ordinance No. 1, Series of 2006.
The hotel contains 126 lodge rooms
and 14-free market residential units. In
2021, the reception area of the
property underwent a renovation,
which included replacing the existing
main entry doors to improve energy
efficiency.
The applicant is interested in installing
an exterior airlock in front of the main-
entry doors to improve guest comfort
and reduce energy use during the
winter months. As depicted in Figure
7, the airlock is limited to the footprint of the exterior vestibule and does not extend past the front
façade of the building. The structure consists of aluminum framing and glass paneling. Two
entrances are proposed on each side of the structure, with a glass façade in between. Curtains
are proposed over each entrance to allow for egress while also blocking wind and snow. No
heating element is proposed for the airlock.
Figure 6: Limelight Main Entrance
Figure 7: Proposed Airlock Site Plan
Vestibule
Curtain/drapery
entrance
Curtain/drapery
entrance
Glass
façade
Figure 8: Proposed Airlock Elevation
Curtain/Drapery Entrance
Glass Façade
Key
Figure 5: Proposed Enclosed Porch
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Request 3: Almresi (219 E. Durant Ave. Unit C-5)
Almresi is located on the first floor of the Chart House Planned Development and within the Lodge
(L) zone district. As depicted in Figure 9, three gondola cars were placed on the property during
the COVID exemption period and provided additional seating for the restaurant. The applicant is
interested in using the gondola cars for the same purpose over the upcoming winter months. The
gondolas will be located entirely on private property and will not encroach into the right-of-way.
The applicant has indicated that the signage on each car will be removed (Figure 10).
DISCUSSION & STAFF FINDINGS
Staff analyzed each application against the review criteria for Growth Management Review,
Commercial Design Review and Temporary Uses (See Exhibits A.1, B.1 & C.1). Upon reviewing
these requests, fundamental concerns surfaced regarding the nexus between temporary uses,
impacts on City infrastructure, employee generation, Commercial, Lodging and Historic District
Design Standards and energy use.
Impact Fees and Affordable Housing Mitigation
Although the proposed structures proposed for Jing and Almresi are temporary, each is intended
to augment restaurant operations and increase capacity during some of the busiest months, which
in many ways is tantamount to developing additional Commercial Net Leasable Space. However,
unlike Commercial Net Leasable, erecting a temporary structure does not require a transportation
impact analyses, nor does it trigger parks fees. More vehicle trips, noise impacts and overall
demand on City infrastructure will occur without the mitigation typically associated with expanding
commercial space. These fees intentionally do not apply to temporary use requests because the
purpose of such requests has traditionally been to accommodate special events, public
gatherings, or other unique circumstances that do not lead to year-round impacts.
It is worth noting that temporary uses do require affordable housing mitigation, however this fee
is significantly less than what would be required for developing Commercial Net Leasable space.
For example, erecting a one thousand square foot enclosure for 180 days requires $15,857.11
worth of mitigation for a given year. If this space were an expansion of Net Leasable, a total of
$1,003,668.32 would be owed. Again, the lower mitigation rate associated with erecting a
temporary enclosure is purposeful because temporary enclosures were never intended to
augment business operations on a long-term basis. When a restaurant increases capacity during
the winter by enclosing an outdoor space and then subsequently uses that space for most of the
summer, additional staff, customers and impacts on traffic and public infrastructure should be
expected year-round.
Figure 9: Proposed Gondola Cars
Figure 10: Revised Design
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Commercial Design Review
The Aspen Area Community Plan (AACP) contains policy statements that describe the
appropriate types of commercial development patterns, including:
Vision: We want to ensure that the City Land Use Code results in development that reflects
our architectural heritage in terms of site coverage, mass, scale, density, and a diversity of
heights. This will help create certainty in land development, prioritize maintaining our
mountain views, and protect our small-town community character and historical heritage.
Several years ago, there was a concern that the bulk, mass, height, and intensity of new
commercial development in town was inconsistent with these policy statements. In response,
Council enacted a moratorium for new development within commercial and lodge zone districts
via Ordinance No. 7, Series of 2016. The purpose was to reassess existing land use code
provisions and commercial design standards to ensure that new development was delivering on
community values. Council and staff met multiple times over the following months to revise these
documents.
The revised Code reduced the maximum height of buildings within the Commercial Core from 32-
feet, to 28 feet, and shored up regulations to ensure that pedestrian amenity spaces and other
“nook and cranny” areas would be incorporated into new buildings.
The Commercial, Lodging and Historic District Standards and Guidelines that came from the
2016/17 moratorium are intended to ensure appropriate building mass and to foster well-designed
and meaningful open space that conveys human scale, provides relief from the built environment,
and preserves historic neighborhood context. The design standards below play an important role
in achieving these goals.
Pedestrian Amenity
Pursuant to Land Use Code Section 26.412, commercial properties located within the Commercial
Core (CC), or Commercial (C-1) zone districts are required to maintain a minimum of twenty-five
percent pedestrian amenity space. Several of the proposed structures would enclose large
portions of pedestrian amenity spaces for more than one third of the year.
Building Materials
Aspen’s 19th century historic context should be reinforced using appropriate building materials.
High quality materials that relate to the context of the neighborhood and building type are
important. Depending on the character area, appropriate materials might include brick, stone,
metal, and wood. Pursuant to Guideline 1.23, building materials should be non-reflective; shiny
or glossy materials are not appropriate. Materials should also have proven durability and
weathering characteristics within Aspen’s climate. The range of materials associated with the
proposed temporary structures include plastic, canvas/cloth, and plexiglass. These types of
materials do not have the durability or weathering characteristics typically seen in Aspen, nor do
these types of materials relate to the historic context and character of town.
Greenhouse Gas Emissions
One of Councils goals is to take meaningful action and provide leadership in reducing the Aspen
community’s contribution to greenhouse gas emissions. Reducing energy consumption and
carbon emissions in all inventories plays a big role in this endeavor. Minimizing impacts from the
built environment is particularly important as most of Aspen’s carbon emissions come from the
building sector alone. The energy required to heat temporary enclosures is in direct conflict with
this goal. Temporary structures do not have a thermal envelope, which means heating these
spaces consumes exponentially more energy and emits more carbon compared to a permanent
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structure. Staff recommends that Council consider the energy use and greenhouse gas impacts
associated with these spaces during the winter months.
RECOMMENDATION:
Staff appreciates that businesses benefited from erecting temporary structures over the past two
winters. The goal to “proactively and swiftly work to minimize further economic distribution and
actively encourage its recovery” during the peak of COVID-19 was successful. However, there
are currently no social-distancing requirements in place. Restaurants may operate at full capacity
indoors. The full-force and effect of the Land Use Code now applies, just as it did before the
pandemic began. Council should carefully consider the concerns discussed in this memo. Below
is a summary of staff’s recommendation.
Staffs General Recommendation:
• Staff strongly recommends against approving any enclosed temporary structures that are
intended to augment business operations outside of the permanent structures associated with
the business. This will set the community back on goals related to affordable housing
mitigation and impacts on public infrastructure as these applications are fundamentally at odds
with general purpose of temporary structures. Additionally, the use of these uninsulated
structures for extended periods of time during the winter months are contrary to the efforts of
the City on many fronts to reduce the climate impacts of our built environment.
• The Commercial Design Standards and Guidelines were updated in 2017 out of concern for
loss of pedestrian amenity and open space in the downtown area. Staff recommends denial
of structures that increase the perceived bulk and mass of buildings and reduce existing
pedestrian amenity space.
• Commercial Design Standards and Guidelines require building materials to convey the quality
and range of materials found historically in Aspen. Materials should have the proven durability
and weathering characteristics within Aspen’s climate. The structures proposed in these
applications are made of canvas/fabric-basic materials. These are not high-quality materials
as they lack the durability and weathering characteristic suitable for a mountain climate. These
materials are not typically found in Aspen’s Commercial or Lodging zone districts.
• The temporary use standards are intended to prioritize structures that were erected in previous
years. Because these standards did not apply over the last two winters, no precedent was
established to prioritize the structures for future years. Staff recommends that Council consider
the precedent that will be established by approving temporary structures from this point
forward.
• If Council supports these applications for extended temporary use, the building permits
associated with these structures would be expedited by Community Development Staff. It is
an expectation of the businesses applying for these structures that they would be available for
use for the holiday season. Without expediting these permits, it would likely not be possible to
approve permits on a timeline necessary for this outcome to be realized.
• Staff encourages Council to be sensitive to the precedent that would be set by the approval of
any of the spaces associated with restaurant expansion during the winter season.
Jing (413 E. Main St.):
Staff recommends denial of the temporary use request. If Council decides to approve the
temporary use request, the resolution has been worded in the affirmative for a 122-day
approval.
The Limelight (355 S. Monarch St.):
Staff recommends approval of the request, but limited to a one-year period, with the conditions
that the applicant work with staff to find a permanent solution to the entrance and that the
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design of the temporary airlock be compliant with all applicable building codes. The airlock is
intended to reduce energy consumption in the building by blocking cold air and snow.
Additionally, no heating mechanism is proposed within the structure, which is consistent with
the energy-reduction goals established by Council.
Almresi (219 E. Durant Ave. Unit C-5)
Staff recommends denial of the temporary use request. If Council decides to approve the
temporary use request, the resolution has been worded in the affirmative for a 122-day
approval.
PROPOSED MOTION:
Three resolutions are included with the packet. All are worded in the affirmative, approving
each request as represented by the applications.
If Council wishes to deny an application, the following motions can be made:
1. Jing (413 E. Main St.): “I move to deny Resolution #145, Series of 2022 to allow
for the enclosure of the exterior patio at 413 E. Main St.
2. The Limelight (355 S. Monarch St): “I move to deny Resolution #146, Series of
2022 to allow for the erection of an exterior airlock at the front entrance of the
Limelight.
3. Almresi (219 E. Durant Ave Unit C-5): “I move to deny Resolution #147, Series of
2022 to allow for the installation of three gondola cars at 219 E. Durant Ave. Unit C-
5)
If Council wishes to approve any of the applications, the following motions can be made:
1. Jing (413 E. Main St.): “I move to approve Resolution #145, Series of 2022 to allow
for the enclosure of the exterior patio at 413 E. Main St., subject to conditions.
2. The Limelight (355 S. Monarch St): “I move to approve Resolution #146, Series
of 2022 to allow for the erection of an exterior airlock at the front entrance of the
Limelight, subject to conditions.
3. Almresi (219 E. Durant Ave Unit C-5): “I move to approve Resolution #147, Series
of 2022 to allow for the installation of three gondola cars at 219 E. Durant Ave. Unit
C-5), subject to conditions.
FINANCIAL IMPACTS: N/A
ENVIRONMENTAL IMPACTS: N/A
CITY MANAGER COMMENTS:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
ATTACHMENTS:
Exhibit A.1 | Jing Staff Findings
Exhibit A.2 | Jing Application
Exhibit B.1 | Limelight Staff Findings
Exhibit B.2 | Limelight Application
Exhibit C.1 | Almresi Staff Findings
Exhibit C.2 | Almresi Application