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HomeMy WebLinkAboutExhibit A_Grey Lady Review Criteria1 Exhibit A Review Criteria Temporary and Seasonal Uses: Section 26.450.030. Criteria applicable to all temporary uses. 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: The proposed tent measures approximately 788 sq. ft. This structure has been erected on the site in the same location for some period over the past five winter seasons, giving Staff and the community the benefit of viewing the structure and its operational characteristics on-site. The proposed tent is adjacent to the indoor commercial space and will cover the outdoor trellis. The tent has been designed from a heavyweight gray canvas with clear plastic windows and sides that can be rolled up. The applicant intends to use the tent as an extension of the indoor heated seating space for the restaurant and for a Saturday winter market. The proposed structures will be highly visible with materials that would not be permitted by Commercial Design Review. The proposed tent will cover the approved public amenity space that was a requirement for the development of the commercial building on the site. In 2013, a former tenant of the space received approval from HPC (via Resolution No. 15, Series of 2013) to construct a wooden trellis over the public amenity space as a shade structure. Reviews included Minor Development Review and View Plane approval. The approval was granted in part on the trellis’ design - spaced wooden posts with no sides. The tent in the current proposal covers this light, airy structure with solid, opaque fabric which represents an increase in the commercial space of the restaurant using a material that would not be permitted as a permanent structure within the historic Commercial district. Temporary structures of this nature are considered by Staff for short-term approval (7 days); however, overall they are found to detract from the permanent architecture of the historic Commercial Core district, and therefore are not supported for longer periods of time. Staff finds this criterion not met. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. Staff Response: The proposed tent will increase the commercial space of the Grey Lady restaurant. A restaurant is compatible with the character of the Commercial Core zone district and its historic overlay. However, the covered space is intended as public amenity space for the parcel, and in this sense, is incompatible with the approved use for this area of the site. The Code requires Pedestrian Amenity spaces to be open to the sky, open to view, and to contribute to an active street vitality. The closed sides of the tent create a private space that is neither open to the sky, nor contributing to the vitality of the area. Canvas and plastic structures are not materials that would be approved through Commercial Design review and are out of character with the surrounding architecture. Staff finds this criterion not met. 2 C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traf fic patterns, municipal services, noise levels and neighborhood character. Staff Response: The proposed structures will be located on private property adjacent to the S. Mill St. pedestrian mall and E. Hyman Ave. Staff does not anticipate any impacts on pedestrian or traffic patterns, or on municipal services. Noise levels may increase in this particular area since the tent is made of fabric and not a permanent structure; however, the structure is generally compatible with the nature of commercial businesses in the surrounding area. The City’s noise ordinances will continue to apply. Staff finds these types of temporary structures negatively impact the neighborhood character, particularly when used for a longer period of time (more than seven days). Staff has worked with business owners to eradicate these temporary structures on other properties, from airlocks to awnings with sides, and encourages permanent solutions. The Commercial Core is a historic district and all buildings and structures are required to pass a heightened review process involving commercial design guidelines and historic preservation review. This fabric and plastic structure do not fit with the character of the district, particularly for a use that is greater than a short (one week) duration. Staff finds this criterion not met. 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 Applicant is proposing to maintain the tent on the site for a period of one hundred five (105) days - from December 18, 2019 through March 31, 2020. The applicant has requested and received temporary use approval for the tent on this site starting in 2013. It is important to note that a request for the duration of the winter season was denied in 2015 but approved in 2017 & 2018. The history of requests is as follows. • In 2013 City Council granted a former restaurant owner of the subject location seasonal temporary use approval for a temporary custom fabric airlock from January through March of the same year. At Staff’s recommendation Council granted this as a one-time approval and directed the applicant to find a permanent solution for future needs. • In December 2014, Staff approved a seven-day tent permit for the site. The tent was erected over the trellis, covering the site’s public amenity space, and was fully- enclosed with roll-down walls. After the tent was not removed the matter was directed to Council for review. • In January 2015 Council granted the applicant temporary seasonal approval for the tent to be erected on-site through April 15th of the same year. At the hearing Council was clear that this was a one-time approval and that the Applicant should not return to renew this request. 3 • In October of 2015, City Council denied the applicant’s request to erect this tent on the site for the duration of the winter season. Council was concerned with the tent’s use of plastic and canvas materials and questioned the temporary nature of a structure that kept reappearing seasonally. • In December of 2015 City Council granted the applicant an 11-day temporary use approval (December 24, 2015- through January 3, 2016) to erect the tent over the site’s public amenity space. • In December of 2016 City Council granted the applicant a 14-day temporary use approval (December 24, 2016 - through January 4, 2017) to erect the tent over the site’s public amenity space. • In November of 2017, City Council granted the applicant a 120-day temporary use approval for a significant portion of the winter season. (Resolution No. 157, Series of 2017). The inclusion of a winter market on Saturdays within the tent structure was an addition to the 2017 request and approval. • In August of 2018 Council granted a 120-day temporary use approval for a significant portion of the winter season (Resolution 122, Series 2018). A winter market was also approved on Saturdays within the tent structure. The tent, including walls and roof were required to be removed by April 21, 2019. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Response: The purpose of the Commercial Core (CC) Zone District is to allow the use of land for retail, service commercial, recreation and institutional purposes within mixed-use buildings to support and enhance the business and service character in the historic central business core of the City. This mix of uses is to encourage a high level of vitality throughout this district. Restaurant use fits the purpose of the zone district. 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 the tent as an extension of the restaurant is in itself not an incompatible use within the zone district. However, these types of temporary structures (fabric/plastic tents, airlocks, etc.) have been generally disallowed in the Commercial and Commercial Core zone districts. Staff encourages the applicant to explore a permanent solution to this issue of outdoor seating during the winter season. Staff finds this criterion not met. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. Staff Response: The proposed tent over the outdoor space will allow patrons of the Grey Lady restaurant to use the outdoor dining area during the cold weather months. The applicant has indicated that this space will continue to be used as a Saturday winter market. Staff finds this criterion to be met. 4 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 and Seasonal 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 and Seasonal Uses. Tents, external airlocks, and similar temporary or seasonal 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 and Seasonal 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 105-day temporary use approval, requiring compliance with Commercial Design Guidelines (below), and affordable housing mitigation. Staff has calculated the appropriate affordable housing mitigation for 90 days (less the 14 day exemption) as $4,770.58 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 Guidelines: Commercial Core Historic District NOTE: Responses are only for the applicable review criteria for this project. 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. • 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: The applicant is proposing two structures made from canvas and plastic materials. These are not high quality materials typically found within the district. These are not a part of the block context nor are they seen historically in the area. The tent is appropriately scaled and generally non-reflective. As a temporary material, it does not have proven durability nor weathering characteristics suitable for a mountain climate. The tent is grey, which is a suitable neutral color. Staff finds this criterion not met. 4 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: The proposed material is not considered to be an innovative design nor a creative material that provides a positive contribution to the street scape. The canvas and plastic materials do not comply with any energy efficient building codes because they are temporary materials. As such, they are not durable because they are not intended for permanent structures. Staff finds this criterion not met. 2.14 Architectural details should reinforce historic context and meet at least two of the following qualities. • Color or finish traditionally found downtown. • Texture to create visual interest, especially for larger buildings. • Traditional material: Brick, stone, metal and wood. • Traditional application: for example, a running bond for masonry. Staff Response: Canvas and plastic are not traditionally found downtown, nor are they traditional material. There is no traditional application of said materials. The tent is grey, which is occasionally found downtown. Staff finds this criterion not met.