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Home My WebLink AboutLand Use Case.307 S Mill St.A024-022737-182-17-004 -- -307 N. Mill St. GMQS Exemp., Special- Review, Wheeler View Plane r k 4 CASE NUMBER A024-02 PARCEL ID # 2737-182-17004 CASE NAME 307 S. Mill St. GMQS Exemption, Special Review, View Pia PROJECT ADDRESS 307 S. Mill Street PLANNER James Lindt CASE TYPE GMQS Exemption, Special Review, View Plan OWNER/APPLICANT Sue Parry REPRESENTATIVE Alan Richman DATE OF FINAL ACTION 4/2/02 CITY COUNCIL ACTION PZ ACTION Reso. #13-2002 ADMIN ACTION Approved w/ Condition BOA ACTION GMC Reso. #3-2002 DATE CLOSED 4/3/02 BY J. Lindt DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. William Comcowich, 420 W. Main St., Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number Lots H & I, Block 82, City and Townsite of Aspen Legal Description and Street Address of Subject Property GMOS Exemption for 150 SF Expansion, Special Review Approval for Outdoor Seating, Special Review Approval to pay cash-in-lieu of additional parking, and Wheeler Opera House View Plane Approval to expand height of storage from 8'3" to 9'9" Written Description of the Site Specific Plan and/or Attachment Describing Plan Planning and Zoning Commission Resolution #13-2002, Growth Management Commission Resolution #3-2002,4/2/02 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) April 13,2002 Effective Date of Development Order (Same as date of publication of notice of approval.) April 14,2005 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 13th day of April, 2002, by the City of Aspen Community Development Director. ~. M.16 Joyce Qhlson, Community Development Deputy Director PARCEL ID:~2737-182-17004 DATE RCVD: |3/6/02 #COPIES:i CASE NO~A024-02 CASE NAME:|307 S. Mill St. GMQS Exemption, Special Review, View Plane Review PLNR~James Lindt PROJ ADDR:~307 S. Mill Street CASE TYP:|GMQS Exemption, Special Review, V STEPS:~ OWN/APP:~Sue Parry ADRj 977 Queen St. C/S/Z: ~Aspen/CO/81611 PHN:|544-0008 , REP:~Alan Richman ~ ADR~ Box 3613 C/S/ZiAspen/CO/81612 PHN1920-1125 FEES DUE:~1205 D 180 E FEES RCVD:~ 1385 STAT: r- REFERRALS~ REFi BY| DUE:| 6 MTG DATE REV BODY PH NOTICED 1 - . DATE OF FINAL ACTION! 2*/-7 //2 CITY COUNCIL: REMARKSj pz: Me.stc';I43- 3502-4 BOA: (542: /460 11-3 -2002_ CLOSED: |Â£#fo Z_Â· BY: tr- l- 1lt' 1- DRAC: ; T. X'<*-X'/* I: .Â«..%â‚¬.e~~~C<0!6..~C2ee16*eW:<.:c.A.k:* ' PLAT SUBMITD: ~ PLAT (BK,PG): ADMIN: Appreved VOÂ¢(Adikove RESOLUTION NO. 03 (SERIES OF 2002) A RESOLUTION OF THE CITY OF ASPEN/PITKIN COUNTY GROWTH MANAGEMENT COMMISSION APPROVING A GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR A 150 SQUARE FOOT ADDITION OF NET LEASABLE SQUARE FEET TO 307 SOUTH MILL STREET, LOTS H AND I, BLOCK 82, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID No. 2737-182-17-004 WHEREAS, the Community Development Department received an application from Sue Parry, represented by Alan Richman, requesting approval for a Growth Management Quota System (GMQS) exemption for an 150 square foot expansion of a commercial restaurant use at 307 S. Mill Street, Lots H and I, Block 82, City and Townsite of Aspen; and, WHEREAS, the subject property is located in the Commercial Core Zone District and Historic District, and the lot size is approximately 6,000 square feet; and, WHEREAS, pursuant to Section 26.470 of the Land Use Code, the Growth Management Commission may approve a GMQS exemption for an expansion of a commercial use during a duly noticed public hearing after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the Aspen/Pitkin County Housing Authority and the Community Development Department reviewed the proposed expansion and recommended approval of the proposed exemption provided that the applicant provide employee housing mitigation for .65 full time employees; and, WHEREAS, during a duly noticed public hearing on April 2nd, 2002, the Growth Management Commission approved with conditions, by a nine to one (9-1) vote, the proposed GMQS exemption for an expansion of the commercial use at 307 S. Mill Street; and, WHEREAS, the Growth Management Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the Growth Management Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Growth Management Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN/PITKIN COUNTY GROWTH MANAGEMENT COMMISSION as follows: 1 Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, an exemption from the Growth Management Quota System for a 150 square foot expansion of the commercial restaurant use at 307 S. Mill Street is hereby approved with the following conditions: 1. Any change of use of the additional 150 net leasable square feet is subject to an amendment to the GMQS Exemption granted herein and review by the Growth Management Commission. 1. The Applicant shall complete (prior to any o f the remodel work, including removal of drywall, carpet, tile, etc.,) the Building Department's asbestos checklist, and if necessary, a person licensed by the state to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building permits until they get this report. I f there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. 2. The Applicant shall provide a completed fugitive dust control plan to the Environmental Health Department prior to issuance of a demolition or building permit. Section 2: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Growth Management Commission at its regular meeting on April 2,2002 APPROVED AS TO FORM: GROWTH MANAGEMENT COMMISSION: City Attorney Jasmine Tygre, Chair Aspen Planning and Zoning Commission 2 ATTEST: Jackie Lothian, Deputy City Clerk 3 RESOLUTION N0. 13 (SERIES OF 2002) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A WHEELER OPERA HOUSE VIEW PLANE REVIEW, AND A SPECIAL REVIEW FOR PARKING AND COMMERCIAL RESTAURANT USE OF OPEN SPACE FOR THE COLONY RESTAURANT AND PIANO BAR LOCATED AT 307 S. MILL STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-17-004 WHEREAS, the Community Development Department received an application from Sue Parry, applicant, for a Wheeler Opera House View Plane Review to increase the height of an existing storage structure to 9'9", and a Special Review for Parking to pay cash-in-lieu of providing additional on-site parking for a proposed 150 square foot addition, and a Special Review for Commercial Restaurant Use of Open Space to do outdoor seating; and; WHEREAS, the Growth Management Commission approved an Exemption from the Growth Management Quota System to expand the proposed commercial space by 150 square feet; and, WHEREAS, the Planning and Zoning Commission shall by resolution approve, approve with conditions, or disapprove a development application for Wheeler Opera House View Plane Review, after considering a recommendation by the Community Development Department pursuant to Land Use Code Section 26.435.070; and, WHEREAS, the Planning and Zoning Commission shall by resolution approve, approve with conditions, or disapprove a development application for Special Review for Parking and Commercial Restaurant Use of Required Open Space, after considering a recommendation by the Community Development Department, applicable referral agency comments, and after taking and considering public comments pursuant to Section 26.430; and, WHEREAS, the Community Development Department reviewed the Wheeler Opera House View Plane application and recommended approval; and, WHEREAS, the Community Development Department reviewed the Special Review application for Parking and for Commercial Restaurant Use of Required Open Space and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing on April 2,2002, the Planning and Zoning Commission, by a six to one (6-1) vote, approved with conditions the proposed Wheeler Opera House View Plane Review, and a Special Review application to pay cash-in-lieu for the additional required parking and for Commercial Restaurant Use of open space; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Wheeler Opera House View Plane Review application to allow for the existing storage building to be increased to a height of 9'9" is approved. Section 2: That the Special Review application to allow for the Applicant to pay cash-in-lieu for the additional parking spaces required by the proposed 150 square foot addition is approved pursuant to Land Use Code Section 26.515.040 with the following condition: 1. The Applicant shall pay a cash-in-lieu fee of $4500 to mitigate for .3 parking spaces. Section 3: That the Special Review application to allow for Commercial Restaurant Use of the required open space in the courtyard that abuts the Mill Street Mall is approved pursuant to Land Use Code Section 26.575.030(A)(10) with the following conditions: 1. The existing sewer line serving the space shall be investigated further to determine if it is suitable for an additional restaurant use. The sewer line shall be brought into conformance with the Sanitation District' s Standards if required. The City of Aspen Parks Department, City Engineer, and Aspen Consolidated Sanitation District shall be consulted prior to doing any work on the sewer line within the public right-of-way. 2. The Applicant shall connect the roof drains to a drywell. 3. The Applicant shall provide two bathrooms on-site or receive a variance from the State of Colorado Health Department. 4. The Applicant shall provide an oil and grease interceptor that meets the Environmental Health Department and the Aspen Sanitation District' s requirements. 5. The Applicant shall provide a bear-proof trash container on-site. 6. The bar shall be fully handicap accessible. 7. The Applicant shall obtain HPC approval prior to making any exterior alterations to the structure. 8. The Applicant shall obtain a Colorado Food Establishment License prior to opening as a Restaurant. 9. The Applicant shall obtain a liquor license prior to serving alcohol. 10. All uses and construction shall comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. Section 4: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Approved by the Commission at its regular meeting on April 2,2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Â»7 9 Al (1) -/, Aspen, CO C ' / ' 11 li SCHEDULED PUBLIC HEARING DATE: ,200 92 2/0.-2 tl / STATE OF COLORADO ) ) SS. County o f Pitkin ) \ 2, I, j--(R LA.< hâ‚¬531 k-0 1/l of 7- (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) o f the Aspen Land Use Code in the following manner: /\ Publication ojnotice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from tile Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches widq and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least ten (10) days prior to the public hearing and was continuously visible from the clay of , 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days Rrior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records o f Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners anci governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision o f this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners o f real property in the area o f the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ' r /-3 ' 11 Clliti 913*%1â‚¬*/ f .>inature z-th The foregoing -Affidavit ofNotice" was acknowledged before me this / 2 day of T--1---Â»:42_8- , 2006, by 71<Â·--,--:.94 1-_a y-et:ZE- WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public tozz f G 3 ~ 3'44 33 i 1440 i 0 t.. 4... ATTACHMENTS: 00284Â¢0 COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED B Y MAIL a * a f' A i-:f" /2/ft i .f E 3 -% m 52 LE: - U] 0 - 1 . C / . 2.6 %81 >M==.V=O.'81'10:0 48~igiÂ¤ :bE .10:53, fo E-u 2 ~em;7--~.2-2-~*4:-*f-i-3-%Â·-u'll- -22= ' .-D -4.- CO 2*05#K4.ta,Bagii#ENT< 318 9~25~<12-A_Ezvit~j'82* - M <:> Â£ E m <n . a : g ~ E 1-8 -3 5 U 20*8313%01%51:2aa 13{ 914 1/ 0 .9 2%:/SM:88252/51 . Ego E f#*.=-F:â‚¬,elitills:. 02 N E-:52 ced:=w . I 'c.-0 c o.Â· 24":i ties<* 0.8- 15 td cE M Q 'gb A- gf. .*320Â©En <... Â£ i# ~ M W fi ~~ F ja i l E = 5 2 -63 2 YE â‚¬9 -% 1 a _..O:3/3:. :M M: :=SEY.*R:@:=22.-of:: as 2 0 5 2 3.- c u H I o.= a> I M 00 4 - A- +99:t: -hE 2, 6 2 0 2 0 9 0 6 * i...b ' ti Ki /.099.9.- U.Ul Pu 1 1purl sauler 1 1 Â·PUBUC NOTICE DATE 3122 TIME UL-fls y VEL -Â· 4.- 4 - 1 PLACE<-66 7 PURPOSE- IA i~ - -/ Pt'. . .. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 301 9.- 6\. v. z C l < b<Â«H , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 4/1\001 , 200- STATE OF COLORADO ) ) SS. County of Pitkin ) I, A Le- tic_L vvaL,A (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: / Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. 4 Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least ten (10) days prior to khe public hearing and was continuously visible from the A day of YWA A-JL , 200 11 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. ~ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section , 26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature ,< f r........l-9.LPLA #r O.... ~ ~ JACKIE TheAP,regoing "Affidavit ofNotice" was acknowledged before me thi 'hOTHIAN : B of Â£-fM#/Ldu , 2002â€žby A IAM R.ir.8 rVIA,it Slt#~ ./2# 92007 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 4~ 179/OP Faa Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED B Y MAIL PUBLIC NOTICE RE: 307 S. MILL STREET SPECIAL REVIEW FOR OFF-STREET PARFANG AND OUTDOOR DINING, WHEELER OPERA HOUSE VIEW PLANE REVIEÂ¥Â¥ NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 2,2002 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Sue Pany, requesting special review approval to vary the off-street parking requirements and to utilize open space for outdoor dining at 307 N. Mill Street. The applicant is also requesting Wheeler Opera House View Plane Review to increase height of existing storage building. The property is located at 307 S. Mill Street, and is described as Lots H and I, Block 82, City and Townsite ofAspen. For further information, contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095. s/Jasmine Tvgre, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on March 16, 2002 City of Aspen Account g:\planning\aspen\notices\alpgmc.doc PUBLIC NOTICE RE: 307 S. MILL STREET GMQS EXEMPTION FOR EXPANSION OF COMMERCIAL USE NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 2,2002 at a meeting to begin at 4:30 p.m. before the Aspen/Pitkin County Growth Management Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Sue Parry, requesting a GMQS Exemption for an expansion ofthe commercial use at 307 N. Mill Street. The GMQS Exemption is requested pursuant to Section 26.470.070(E)(2) of the Aspen Land Use Code. The property is located at 307 S. Mill Street, and is described as Lots H and I, Block 82, City and Townsite of Aspen. For further information, contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095. s/Jasmine Tvere. Chair Aspen/Pitkin County Growth Management Commission Published in the Aspen Times on March 16, 2002 City of Aspen Account g:\planning\aspen\notices\alpgme.doc 1000 EAST HOPKINS LLC 1000 EAST HOPKINS LLC 407 EAST HYMAN PROPERTY L PARK CENTRAL CONDO/C/O R BRANING 215 S MONARCH #101D 34425 HWY 82 CPA ASPEN CO 81611 ASPEN CO 81611 215 S MONARCH #203 ASPEN CO 81611 419 EAST HYMAN LLC ASPEN ARCADE LTD LLLP ASPEN ART INVESTMENTS LTD C/O TED C SKOKOS 4020 PALOS VERDE DR N STE 206 1450 SIERRA VISTA DR #B 425 W CAPITAL AVE STE 3200 ROLLING HILLS ESTATES CA 90274-2525 ASPEN CO 81611 LITTLE ROCK AR 72201 ASPEN SPORTS INC B & K ASSOCIATES BALDWIN HARLEY C/O BECKER BUSINESS SERVICES A COLORADO GENERAL PARTNERSHIP 205 S GALENA ST 630 E HYMAN AVE 308 S MILL ST ASPEN CO 81611 ASPEN CO 81611 ASPEN CO 81611 BALDWIN HARLEY A II BENTLEYS AT THE WHEELER BIDWELL BERT INVESTMENT C 205 S GALENA ST PO BOX 10370 PO BOX 567 ASPEN CO 81611 ASPEN CO 81612 ASPEN CO 81612 BIRKWOOD ASSOCIATES BRINING ROBERT CARLSON BRUCE E A COLORADO PARTNERSHIP 215 S MONARCH ST STE 203 PO BOX 3587 PO BOX 3421 ASPEN CO 81611 ASPEN CO 81612 ASPEN CO 81612 CI IICAGO SNOWFLAKE INVESTM CHARLIES COW COMPANY LLC CITY OF ASPEN C/O SHELL PROPERTIES CORP 315 E IIYMAN AVE 130 S GALENA Sri 40 SKOKIE BLVD - STE 350 ASPEN CO 81611 ASPEN CO 81611 NORTHBROOK IL 60062 COMCOWICH WILLIAM L CONTINENTAL DIVIDE CO CLARK WILLIAM E & LOIS P TRUSTEE OF ROBERT BARNARD TRUST A COLORADO CORP PO BOX 362 420 W MAIN ST 230 S MILL ST ASPEN CO 81612 ASPEN CO 81611 ASPEN CO 81611 COX JAMES E & NANCY COTTONWOOD VENTURES I LLC CRYSTAL PALACE CORPORATIO C/O ROB SNYDER 419 E HYMAN AVE PO BOX 32 304 S GALENA STE A ASPEN CO 81611 ASPEN CO 81612 ASPEN CO 81611 DAVIDSON DONALD W DAVIS HORN INCORPORATED DENSON JAMES D 864 CEMETERY LN 215 S MONARCH #104 PO BOX 4120 ASPEN CO 81611 ASPEN CO 81611 AVON CO 81620 DOLE MARGARET M DUVIKE INC FLEISHER DAVID M 25% C/O FIRST NATIONAL BANK OF PO BOX 2238 200 E MAIN ST CEDARIDGE ASPEN CO 81612 ASPEN CO 81611 PO BOX 8455 ASPEN CO 81612 FREDRICK LARRY D GOLDEN HORN BUILDING LTD FOOTLOOSE MOCCASIN MAKERS ROBERTS JANET A AS JOINT TENANTS A COLORADO LIMITED PARTNERSHIP 240 S MILL ST STE 201 215 S MONARCH STE G101 PO BOX 7943 ASPEN CO 81611 ASPEN CO 81611 ASPEN CO 81612 GOLDSTEIN ALAN J GOLDSTEIN PETER & ALAN GOODING RICHARD L GOLDSTEIN MANAGEMENT C/O 150 METRO PK #2 1200 17TH ST STE 2660 150 METTRO PARK #2 ROCHESTER NY 14623 DENVER CO 80202 ROCHESTER NY 14623 GRAND SLAM HOLDINGS LLC GRAND FINALE LTD GREENWOOD KAREN DAY & STE C/O CARL B LINNECKE CPA PC PO BOX 32 4()9 E COOPER AVE 215 S MONARCH ST - STE# 101 ASPEN CO 81612 ASPEN CO 81611 ASPEN CO 81611 HABATAT GALLERIES ASPEN I GRIFFITH ANGELINE M HAMPEL WALTER F JR HAGOPIAN SANDY C/O 530 WALNUT ST 290 HEATHER I,N 213 S MILL Sri ASPEN CO 81611 ASPEN CO 81611 ASPEN CO 81611 IMMOBILIEN LLC HART GEORGE DAVID & SARAH HILLIS OF SNOWMASS INC C/O NATIONAL TAX SEARCH LLC PO BOX 5491 170 E GORE CRK PO BOX 81290 SNOWMASS VILLAGE CO 81615 VAIL CO 81657 CHICAGO IL 60681-0290 JOHNSON PETER C & SANDRA KANDYCOM INC KANTZER TAYLOR MICHAEL FA 215 S MONARCH ST STE G103 766 SINGING WOOD DR 6501 VISTA DEL MAR ASPEN CO 81611 ARCADIA CA 91006 PLAYA DEL REY CA 90293 KAUFMAN GIDEON I KELLY PROPERTIES INC KELLY PROPERTIES INC 315 E HYMAN AVE STE 305 PO BOX 8429 PO BOX 8429 ASPEN CO 81611 ASPEN CO 81612 ASPEN CO 81612 L P C COMPANY INC I.INDNER FRITZ & ERIKA LOMA ALTA CORPORATION A COLORADO CORPORA'I ION 66966 TEN PEAKS CT 6210 N CENTRAL EXPWY PO BOX 362 BEND OR 97701-9277 DALLAS TX 75206 ASPEN CO 81612 MCDONALDS CORPORATION 05 MILL STREET PLAZA ASSOCIA MEEKER RICHARD J AND ALLI REAL ESTATE TAX SECTION C/O M & W PROPERTIES 0752 MEADOWOOD DR PO BOX 66207 205 S MILL ST STE 301A ASPEN CO 81611 CHICAGO IL 60666 ASPEN CO 81611 MTN ENTERPRISES 80B OBRIEN MAUREEN ORR ROBERT L C/O HILLIS OF SNOWMASS 215 S MONARCH ST G102 500 PATTERSON RD 170 GARE CRK DR ASPEN CO 8 1 611 GRAND JUNCTION CO 81506 VAIL CO 81657 PETERSON BROOKE A PARK CENTRAL CONDO ASSOC PEYTON MARI C/O KAUFMAN & PETERSON 215 S MONARCH ST STE 203 409 E COOPER #4 STE 1 315 E HYMAN ASPEN CO 81611 ASPEN CO 81611 ASPEN CO 81611 RED ONION INVESTORS LLC PROSPECTOR FRACTIONAL OWN RACZAK JOSEPH S & JANET L C/O RED ONION MGT CO 301 E HYMAN AVE #108 0234 LIGHT HILL RD 418 E COOPER#205 ATTN: CHARLES B ASPEN CO 81611 SNOWMASS CO 81654 ISRAEL ASPEN CO 81611 RYANCO PARTNERS LTD XXX ROBERTS JANET A TRUE NINA W C/O SMITH PAT 215 S MONARCH STE G 101 215 S MONARCH ST #102 415 E HYMAN AVE STE 105 ASPEN CO 81611 ASPEN CO 81611 ASPEN CO 81611-1945 WENDELIN ASSOC WHITMER GORDON L WHEELER SQUARE - CASPER F A NEW YORK GENERAL PARTNERSHIP ROSS HOWARD 315 E HYMAN 150 METRO PARK P O BOX 114 ASPEN CO 81611 ROCHESTER NY 14623 ASPEN CO 81612 WILLIAMS DEXTER M 51% WOODS FAMILY LIMITED PART 230 S MILL ST PO BOX 11468 ASPEN CO 81611 ASPEN CO 81612 NA. MEMORANDUM Apptoo 4 & 9--1 - 00 i~LE.*~ Â¢12*lu eâ‚¬ TO: Aspen/Pitkin County Growth Management Commission -4 rt'/14â‚¬ IA G A ~ /< 6-Ob'4<-1-iol~ 1 THRU: Julie Ann Woods, Community Development Director ~ V- Joyce Ohlson, Deputy Director 9/ CAOKSÂ« Of 6/1 6 â‚¬ 4 d Llâ‚¬) u Ct*2 FROM: James Lindt, Planner(I~~-~ d i aoce Lit RE: 307 S. Mill Street GMQS Exemption for Expansion of a Commercial Use- PubliJ~ Â¥:36 I Â¢3> Hearing DATE: April 2,2002 APPLICANT: 9.4'.! 1 , 4, 1 1% 142 -4 .,,.' I 1% .. 1.11 1 :. . . Sue Parry 4.1 . REPRESENTATIVE: Alan Richman LOCATION: 307 S. Mill Street (Parcel that Area Of Proposed contains the Popcorn Wagon and Expansion (under overhang) Pacifica Restaurant) .. ZONING: 95:; .. / + 0 + 4 4 Commercial Core, Historic District CURRENT LAND USE: Restaurant (Pacifica & Popcorn SUMMARY: Wagon) & Vacant Space (Last This application requests a GMQS exemption to Tenant was Retail). increase the commercial net leasable square footage at 307 S. Mill Street. The purpose of the application PROPOSED LAND USE: is to make a 150 square foot addition to the currently Vacant Space proposed to vacant space that the Applicant proposes to open as a become a Restaurant . restaurant. The proposed increase in net leasable square footage is approximately 150 square feet. LOT SIZE: 6,000 sq. ft. BACKGROUND: Sue Parry ("Applicant"), represented by Alan Richman, is requesting approval of a Growth Management Quota System (GMQS) exemption to expand the net leasable square footage by 1 approximately 150 square feet of the Popcorn Wagon Parcel located at 307 S. Mill Street. Section 26.470.070(E)(2) of the City Land Use Code states that, "an expansion of an existing commercial or office building of two hundred fifty-one (251) to five hundred (500) net leasable square feet, excluding employee housing shall be reviewed by the Growth Management Commission". The code further reads that, "expansion of a building which occurs in phases shall be limited to a maximum cumulative total of five hundred (500) net leasable square feet and shall be evaluated in terms of the cumulative impact of the entire expansion". Several past exemptions were granted for expansions of the parcel's net leasable square footage that cumulatively exceed the aforementioned two hundred fifty-one foot threshold; therefore the proposed exemption requires review by the Growth Management Commission. For the Commission's information the applicant is also requesting the following associated land use actions that will be reviewed by the City of Aspen Planning and Zoning Commission: k Special Review for off-street parking to allow for a cash-in-lieu payment for the additional required parking; and, > Special Review for Commercial restaurant use of required open space for outdoor seating; and, k Wheeler Opera House View Plane Review for Storage Addition. STAFF COMMENTS: The applicant contends that the proposed addition of 150 net leasable square feet will have a minimal impact upon the city and that there will be no employees generated by the proposed expansion. According to the Applicant, the proposed addition of net leasable square footage is not to increase the seating capacity but rather to increase the circulation area. Therefore, the Applicant feels that there are no employees being generated by the proposed expansion. Staff agrees that the proposed expansion would yield a minimal impact upon the City of Aspen. However, Staff believes that the expansion increases the net leasable square footage and should be mitigated for accordingly. Based on the City Land Use Code's employee generation guidelines, the proposed addition would yield between .5 and .78 full-time employees (3.50 to 5.25 employees/1,000 SF of net leasable in Commercial Core). The Aspen/Pitkin County Housing Authority (please see recommendation attached as Exhibit "B") has reviewed the proposed application and recommended that the Applicant provide mitigation at the middle of the land use code's employee generation range and mitigate for an addition of .65 employees. The required cash-in-lieu mitigation for an addition of.65 employees would be $72,189.53. The Housing Authority based their recommendation on the fact that the restaurant use is very labor intensive. The Planning Staff agrees with the Housing Authority's assessment of the impacts of the proposed expansion. The Planning Staff believes that there may actually be no new employees generated by virtue of the proposed expansion by this particular tenant. However, if and when this space changes hands, there is no guarantee that the additional space being proposed will not be used by future tenants as seating or commercial space. Therefore, if the Commission were to waive the affordable housing mitigation, then Staff feels that future impacts of the additional space would not be mitigated for. Thus, Staff recommends that the Growth Management Commission approve the proposed GMQS Exemption with the condition that the Applicant 2 mitigate for the proposed 150 square foot expansion as the Housing Authority has recommended in their referral comments (attached as Exhibit "B"). This requirement is represented in condition No. 1 of the proposed resolution. Additional conditions have been requested by the Environmental Health Department. REVIEW PROCEDURE: The Growth Management Commission may approve, approve with conditions, or deny the proposed GMQS Exemption. RECOMMENDATION: Staff is recommending that the Growth Management Commission approve with conditions the proposed GMQS exemption to increase the net leasable square footage by 150 square feet. RECOMMENDED MOTION: "I move to approve the proposed GMQS Exemption to expand the commercial use at 307 South Mill Street by 150 net leasable square feet with the following conditions: 1. The Applicant shall provide employee housing mitigation for .65 additional full time employees in a method that is acceptable to the Aspen/Pitkin LIousing Authority. 2. The Applicant shall complete (prior to any of the remodel work, including removal of drywall, carpet, tile, etc.,) the Building Department's asbestos checklist, and if necessary, a person licensed by the state to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building permits until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. 3. The Applicant shall provide a completed fugitive dust control plan to the Environmental Health Department prior to issuance of a demolition or building permit." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Referral Agency Comments Exhibit C -- Development Application 3 RESOLUTION NO. -(~ (SERIES OF 2002) A RESOLUTION OF THE CITY OF ASPEN/PITKIN COUNTY GROWTH MANAGEMENT COMMISSION APPROVING A GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR A 150 SQUARE FOOT ADDITION OF NET LEASABLE SQUARE FEET TO 307 SOUTH MILL STREET, LOTS H AND I, BLOCK 82, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID No. 2737-182-17-004 WHEREAS, the Community Development Department received an application from Sue Parry, represented by Alan Richman, requesting approval for a Growth Management Quota System (GMQS) exemption for an 150 square foot expansion of a commercial restaurant use at 307 S. Mill Street, Lots H and I, Block 82, City and Townsite ofAspen; and, WHEREAS, the subject property is located in the Commercial Core Zone District and Historic District, and the lot size is approximately 6,000 square feet; and, WHEREAS, pursuant to Section 26.470 ofthe Land Use Code, the Growth Management Commission may approve a GMQS exemption for an expansion of a commercial use during a duly noticed public hearing after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the Aspen/Pitkin County Housing Authority and the Community Development Department reviewed the proposed expansion and recommended approval of the proposed exemption provided that the applicant provide employee housing mitigation for.65 full time employees; and, WHEREAS, during a duly noticed public hearing on April 2nd, 2002, the Growth Management Commission approved with conditions, by a _ to _ C_-_) vote, the proposed GMQS exemption for an expansion of the commercial use at 307 S. Mill Street; and, WHEREAS, the Growth Management Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the Growth Management Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Growth Management Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN/PITKIN COUNTY GROWTH MANAGEMENT COMMISSION as follows: 1 Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, an exemption from the Growth Management Quota System for a 150 square foot expansion of the commercial restaurant use at 307 S. Mill Street is hereby approved with the following conditions: 1. The Applicant shall provide employee housing mitigation for .65 full time employees in a method that is acceptable to the Aspen/Pitkin County Housing Authority. 2. The Applicant shall complete (prior to any of the remodel work, including removal of drywall, carpet, tile, etc.,) the Building Department's asbestos checklist, and if necessary, a person licensed by the state to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building permits until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. 3. The Applicant shall provide a completed fugitive dust control plan to the Environmental Health Department prior to issuance of a demolition or building permit. Section 2: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereoÂ£ APPROVED by the Growth Management Commission at its regular meeting on April 2,2002 APPROVED AS TO FORM: GROWTH MANAGEMENT COMMISSION: City Attorney Jasmine Tygre, Chair Aspen Planning and Zoning Commission 2 ATTEST: Jackie Lothian, Deputy City Clerk 3 EXHIBIT A 307 S. MILL STREET GMQS EXEMPTION REVIEW CRITERIA & STAFF FINDINGS Section 26.470.070(E), EXPANSION OF COMMERCIAL OR OFFICE USES A determination of minimal impact shall require a demonstration that the following are met: A. A minimal number of additional employees will be generated by the expansion and that employee housing will be provided for the additional employees generated. Staff Finding Staff feels that there will be a minimal number of employees generated by the nominal expansion of 150 net leasable square feet. However, Staff believes that the applicant should be required to mitigate for .65 employees. Using the land use code's employee generation guidelines, the applicant is required to mitigate for between .5 and .78 full time employees. Staff feels that the mitigation required should be towards the middle of the range because the proposed restaurant use is labor intensive. Staff finds this criterion to be met provided that the Applicant satisfies the required employee generation mitigation as is required by condition of approval No. 1. B. A minimal amount of additional parking spaces will be demanded by the expansion and that parking will be provided. Staff Finding The Applicant has applied simultaneously for a special review to establish the off-street parking requirements. The Planning and Zoning Commission shall review and establish the appropriate amount of parking for the proposed expansion. Staff finds this criterion to be met. C. There will be a minimal visual impact on the neighborhood from the expansion. Staff Finding Staff does not expect the proposed expansion to have a significant visual impact on the surrounding neighborhood. The Historic Preservation Commission is required to review the proposed expansion because the property is within the Historic District. Staff believes that the design aspects and visual impact of the proposed addition fit best under the HPC's review purview. Staff finds this criterion to be met. 4 D. Minimal demand will be placed on the City's public facilities from the expansion. Staff Finding There will be an increased demand on the water and sewer line that serves the building by virtue of the space converting from a retail space to a restaurant. However, Staff does not feel that the 150 square foot expansion will have a significant impact on the City's public facilities. Staff finds this criterion to be met. 5 MAR.18.2002 2:47PM ASPEN HOUSING OFC NO.012 P. 1 MEMORANDUM TO: James Lindt FROM: Cindy Christensen DATE: March 18, 2002 RE: 307 1 Mill Street GMQS Exemption ISSUE: The applicant is requesting a growth management exemption for a small addition to m existing building located at 307 S. Mill Street. Two prior small additions were approved on this property in the 1980's, themfbre, this addition must be reviewed by the Growth Management Commission. BACKGROUND: The applicant is proposing an additional 150 square feet. The restaurant is to contain a bar, a tearoom and outdoor seating. The previous use was a retail space. Section 26.470.070 states that a "determination of minimal impact shall require that a minimal number of additional employees will be generated by the expansion and that employee housing will be provided for the additional employees generated," The applicant states that there will not be any additional employees generated by the proposed addition, therefore, no employee housing is being provided. According to Section 26.470.100C, the following standard shall be used in caloulating the number of full-dme equivalent employees generated by the proposed development in the Commercial Core (CC) zone district 3.5 to 5.25 employees/1,000 square feet (net leasable), based on review of the City Council's designee. The addition would require mitigation between: 150 additional sq. ft. + 1,000 sq. ft. = .15 X 3,5 = .525 X 60% mitigation rate =.315 to 150 additional sq. ft. + 1,000 sq. ft. = .15 X 5.25 = X 60% mitigation rate = .4725 The minimum mitigation payment-in-lieu requirement would be between: $188,664 + $178,013+2=$183,338.50 X.315 = $57,751.63 AND $188,664 + $178,013 +2= $183,338.50 X .4725 - $86,627.44 RECOMMENDATION: It is Staff 8 opinion that the applicant will be creating additional employees, therefore, should provide housing between .315 and .4725 employees or pays the appropriate payment,in-lieu fee. An average between the two, which would be acceptable, would mquire a mitigation amount of 572,189.53. MEMORANDUM TO: James Lindt, Community Development Department From: Jannette Whitcomb, City Environmental Health Department Date: March 20,2002 Re: 307 S. Mill St GMQS Exemption for Addition of Commercial Space Parcel ID #2737-182-17 The City of Aspen Environmental Health Department has reviewed the 307 5. Mill St GMQS Exemption land use submittal under authority of the Municipal Code of the City of Aspen, and has the following comments. AIR QUALITY: Sections 11-2.1 "It is the purpose of [the air quality section of the Municipal Code] to achieve the maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution throughout the city..." The Land Use Regulations seek to "lessen congestion" and "avoid transportation demands that cannot be met" as well as to "provide clean air by protecting the natural air sheds and reducing pollutants". The addition of 150 sqft to this space will not generate a significant increase in trips per day. Air mitigation measures are not required. TRASH STORAGE AREA: The applicant should make sure that the trash and grease storage area has adequate wildlife protection. FIREPLACE/WOODSTOVE PERMITS Initial plans did not indicate a fireplace or wood burning stove in the proposed facility. FUGITIVE DUST Prior to any outside demolition, a fugitive dust control plan is required which includes. but is not limited to fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. A condition of approval should be that the applicant provides a completed fugitive dust control plan to the Environmental Health Department prior to the issuance of a demolition or building permit. ASBESTOS Commercial - Prior to remodel, expansion or demolition of any public or commercial building, including removal of drvwall, carpet, tile, etc., the state must be notified and a person licensed by the state to do asbestos inspections must do an inspection. The Building Department cannot sign any building permits until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. ECOLOGICAL BILL OF RIGHTS The applicant failed to submit information addressing compliance with the Ecological Bill of Rights, such as listing energy conservation measures. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: NOISE ABATEMENT: Section 16-1 'The city council finds and declares that noise is a significant source of environmental pollution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of Aspen and it its visitors. Accordingly, it is the policy of council to provide standards for permissible noise levels in various areas and manners and at various times and to prohibit noise in excess of those levels." During construction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 a.m. and 10 p.m. It is very likely that noise generated during the construction phase of this project will have some negative impact on the neighborhood. The applicant should be aware of this and take measures to minimize the predicted high noise levels. FOOD SERVICE FACILITIES Section 10-401 of the Rules and Regulations Governing the Sanitation of Food Service Establishments in the State of Colorado requires a review of plans and specifications by this Department. The Department shall be consulted before preparation of plans and specifications. The Aspen Consolidated Sanitation District must be contacted for their recommendation on the proper size of the grease trap. Restaurant grills are regulated by the City of Aspen and the applicant should contact this Department to be sure that if a grill is planned. that it is in compliance with City code. Due to the number of seats in the proposed facility, it is required that two restrooms are provided for patrons and employees. A condition 5hould be approval of both plans and specifications before the building permit is approved. A minimum of two weeks shall be necessary for the Department to review and approve plans. Also, final approval from this Department is necessary before opening for business and prior to issuance of a Colorado Food Establishment License. Aspen Consolidated Sanitation District Sy Kelly * Chairman John Keleher Paul Smith * T reas Frank Loushin Michael Kelly * Secy Bruce Matherly, Mgr March 18, 2002 James Lindt Community Development 130 S. Galena Aspen, CO 81611 Re: 307 S. Mill GMQS Dear James The Aspen Consolidated Sanitation District currently has sufficient treatment system capacity to serve this project. Any downstream collection system capacity problems will be eliminated through a system of additional proportionate impact fees. Service is contingent upon compliance with the District' s rules, regulations, and specifications which are on file at the District office. The project will require the installation of a new sewer in the mall area. A new service will be required for the project since the Pacifica restaurant is currently having service related problems. The new lines required may be postponed with written assurances that the improvements will be made as soon as possible. Tom Bracewell, line superintendent, should be contacted by the applicant for more information. A district approved oil and grease interceptor will be required before service is provided. Roof drains for the building will need to be checked for connection to the District' s system. Roof drains are illegal and must be directed to dry wells. The total connection fees can be estimated once detailed plans are available and a tap permit is completed at our office. All fees must be paid prior to the issuance of a building permit. Please call ifyou have any questions. Sincerely, Â·-7 ----'6 Bruce Matherly District Manager cc: John Niewoehue 565 N. Mill St.,Aspen, CO 81611 / (970)925-3601 / FAX (970) 925-2537 MEMORANDUM To: Development Review Committee From: John Niewoehner, Community Development Engineer Reference DRC Caseload Coordinator Date: March 22,2002 Re: 307 S. Mill Street, GMQS Exemption for Additional Commercial Space, Special Review for Outdoor Seating, Wheeler Opera House View Review Attendees: John Niewoehner, Community Development Engineer James Lindt, Community Development Planner Jerry Nye, Street Department Phil Overeynder, Water Department Richard Goulding, Engineering Janette Whitcomb, Environmental Health Tom Bracewell, Sanitation District Jerry Nye, Street Department Alan Richman, Planner representing S. Mill St. The Development Review Committee reviewed the 307 S. Mill Street proposal at their March 13, 2002 meeting, and has compiled the following comments: General 1. Sufficiency of Submittal: DRC comments are based on the fact that we assume the submitted site plan is accurate, that it shows all site features, and that proposed development is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to alleviate problems and delays related to approvals tied to "issuance of building permit." 2. R.O.W. Impacts: If there are any encroachments into the public rights-of-way, the encroachment must either be removed or be subject to current encroachment license requirements. Site Review 1. Engineering Department: No material storage or dumpsters in ROW unless a encroachment permit is obtained. The existing on-site space should be sufficient for storage and dumpster. 2. Community Development Engineer: No comments at this time. 3. Zoning: No comments from Zoning Officer at this time. 4. Housing Department: No comments at this time. 5. Fire Protection District: No comments at this time. Page 2 0 f 4 March 13 2002 307 S. Mills Street 6. Parks Department: No comments at this time. Note: If water and sewer work occurs in Mall ROW, the Parks Department will need to be involved. 7. Building Department: a. Energy analysis needed to demonstrate compliance with Aspen/Pitkin County Energy Code. b. Two bathrooms may be needed. c. The bar is to be fully accessible d. Mechanical and HPC reviews will be needed. e. A hood over dishwasher will be required in addition to hood over ranger and fryer. 8. City Water Department a. Old existing 3/4" g.i. service connection. Existing tap is under fountain, It is recommended that the project investigate the abandonment of the existing tap and connect into Hyman Street. The size of the new tap is dependent on quantity and pressure requirements for sprinklers and restaurant codes. b. All uses and construction will comply with the City of Aspen Water System standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code. 9. Aspen Consolidated Sanitation District The Aspen Consolidated Sanitation District currently has sufficient treatment system capacity to serve this project. Any downstream collection system capacity problems wi!1 be eliminated through a system of additional proportionate impact fees. Service is contingent upon compliance with the District's rules, regulations, and specifications th22 are on file at the District office. The project will require the installation of a new sewer in the mall area. A new service will be required for the project since the Pacifica restaurant is currently having service related problems. The new lines that are required may be postponed with written assurances that the improvements will be made as soon as possible. Tom Bracewell, line superintendent, should be contacted by the applicant for more information. A district approved oil and grease interceptor will be required before service is provided, Roof drains for the building will need to be checked for connection to the District's system. Roof drains are illegal and must be directed to dry wells. The total connection fees can be estimated once detailed plans are available and a tap permit is completed at our office. All fees must be paid prior to the issuance of a building permit. 10. Environmental Health AIR QUALITY: Sections 11-2.1 "It is the purpose of [the air quality section of the Municipal Code] to achieve the maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution throughout the city..." The Land Use Regulations seek to "lessen congestion" and "avoid transportation demands that cannot be met" as well as to "provide clean air by protecting the natural air sheds and reducing pollutants". The addition of 150 sq ft to this space will not generate a significant increase in trips per day. Air mitigation measures are not required. Page 3 of 4 March 13 2002 307 S. Mills Street TRASH STORAGE AREA: The applicant should make sure that the trash and grease storage area has adequate wildlife protection, FIREPLACE/WOODSTOVE PERMITS Initial plans did not indicate a firepiace or wood burning stove in the proposed facility. FUGITIVE DUST Prior to any outside demolition, a fugitive dust control plan is required which includes, but is not limited to fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. A condition of approval should be that the applicant provides a completed fugitive dust control plan to the Environmental Health Department prior to the issuance of a demolition or building permit. ASBESTOS Commercial - Prior to remodel, expansion or demolition of any public or commercial building, including removal of drywall, carpet, tile, etc., the state must be notified and a person licensed by the state to do asbestos inspections must do an inspection. The Building Department cannot sign any building permits until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. ECOLOGICAL BILL OF RIGHTS The applicant failed to submit information addressing compliance with the Ecological Bill of Rights, such as listing energy conservation measures. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: NOISE ABATEMENT: Section 16-1 "The city council finds and declares that noise is a significant source of environmental pollution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the Cit,/ of Aspen and it its visitors. Accordingly, it is the poli cy of council to provide standards for permissible noise levels in various areas and manners and at various times and to prohibit noise in excess of those levels." During construction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 a.m. and 10 p.m. It is very likely that noise generated during the construction phase of this project will have some negative impact on the neighborhood. The applicant should be aware of this and take measures to minimize the predicted high noise levels. FOOD SERVICE FACILITIES Section 10-401 of the Rules and Regulations Governing the Sanitation of Food Service Establishments in the State of Colorado requires a review of plans and specifications b y this Department. The Department shall be consulted before preparation of plans and specifications. The Aspen Consolidated Sanitation District must be contacted for their recommendation on the proper size of the grease trap. Restaurant grills are regulated by the City of Aspen and the applicant should contact this Department to be sure that if a grill is planned, that it is in compliance with City code. Due to the number of seats in the proposed facility, it is required that two restrooms are provided for patrons and employees. A condition should be approval of both plans and specifications before the building permit is approved. A minimum of two weeks shall be necessary for the Department to review and approve plans. Also, final approval from this Department is necessary before opening for business and prior to issuance of a Colorado Food Establishment License. Page 4 0 f 4 March 13 2002 307 S. Mills Street 11. City Community Development - Planning a. Trash storage must be bear proof. b. Need to show seating layout. a. Employee housing mitigation needs to be addressed. b. GMQS Exemption required. This will be discussed in a different forum. 12. Electric Department No comments at this time 13. Holy Cross Electric No comments at this time 14. City Attorney No comments at this time 15. Streets Department No comments at this time 16. Historic Preservation Officer No comments at this time 17. Pitkin County Planning No comments at this time 16. County and City Disaster Coordinator No comments at this time Approvals 1. Engineering: The applicant receives approval from the City Engineering Department (920-5080) for design of improvements, including grading, drainage, transportation/streets, landscaping, and encroachments within public right of way. 2. Parks: The applicant receives approval from the Parks Department (920-5120) for vegetation species and for public trail disturbance. 3. Streets: The applicant receives approval from the Streets department (920-5130) for mailboxes, finished pavement, surface materials on streets, and alleyways. 4. Permits: Obtain R.O.W. permits for any work or development, involving street cuts and landscaping from the Engineering Department D:\DRC\307 Mills.doc A 6. Ret w PA tix, Seâ€ž'im â‚¬. 3613 044 64.tacts E 1612 940.47â€¢00 070) 920-1125 March 6, 2002 Mr. James Lindt, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: APPLICATION FOR SMALL ADDITION TO 307 SOUTH MILL STREET Dear James, This is an application to make a small addition to the existing building located at 307 South Mill Street, (Units A, B, and C, Aspen Commercial Condominium, located on Lot H and I, Block 82, City and Townsite of Aspen). The subject property is 6,000 sq. ft. in size. It is located within the Commercial Core Historic Overlay District, and is zoned Commercial Core (CC). The location of the site in relation to neighboring properties is shown on the vicinity map. A site plan, depicting existing and proposed conditions on the property, has also been provided. This property is improved with a building that has one existing tenant (Pacifica) and one empty space (which was previously occupied by Waterfall Hope). The property also contains the Popcorn Wagon, which has been a popular outdoor eatery in Aspen for many years. The purpose of this application is to allow the empty space to be occupied by a new tenant, The Colony Restaurant and Piano Bar. This application is being submitted by Ms. Sue Parry (hereinafter, "the applicant"), who is the owner and operator of the Popcorn Wagon. Ms. Parry recently entered into a long term lease to operate a restaurant in the building. The property is owned by the Barnard Trust. Proof of the ownership of the property is provided by Exhibit #1, the Deed to the property. Authorization for Ms. Parry to submit this application is provided by a letter from the Trustee, attached as Exhibit #2. Authorization for Alan Richman Planning Services to represent the applicant is provided by Exhibit #3. I held a pre-application conference with you on February 19, 2002 to discuss this project (see Exhibit #4, Pre-Application Conference Summary). During this meeting, you confirmed that the following land development approvals are required by the Aspen Land Use Regulations to accomplish this project: Mr. James Lindt March 6, 2002 Page Two GMQS Exemption by the Growth Management Commission for a small expansion of the net leasable area of a commercial building; Special Review by the Planning and Zoning Commission to determine how the off-street parking requirement for the project will be met and to also determine whether some of the open space on the property may be used for outdoor dining; Wheeler Opera House View Plane Review by the Planning and Zoning Commission; and Vested Rights for the project. The following sections of this application identify the applicable standards of the Aspen Land Use Regulations for each of these review procedures and provide a response to each standard. It should also be pointed out that the Historic Preservation Commission will be conducting its own review of the proposed modifications to the property, on a parallel track with this land use application. Summary of Proposed Development The subject property is a 6,000 sq. ft. lot in the core of Aspen that is developed substantially below its allowable buildout. It has been improved with the existing commercial building for many years. As Table 1 (found on the following page) illustrates, the existing floor area of the property is approximately 1/3 that allowed in the Commercial Core zone district. The height of the portion of the building where the addition is planned is less than 10', in a zone district that allows a maximum height of 40'. Table 1 summarizes all of the other standards of the Commercial Core zone district, and evaluates the compliance of the existing conditions and proposed conditions with these standards. The Popcorn Wagon was moved to this property in 1986. At that time, the Planning and Zoning Commission granted approval for there to be dining in this corner of the property, which represents some (but not all) of the required open space on the property. Additionally, the Planning and Zoning Commission granted special review approval for the dimensions of the utility and trash area for the property, which is smaller than the Code would typically require, but which serves the necessary functions for this property. The applicant has owned and operated the Popcorn Wagon for approximately 3 years. During this time, the applicant has upgraded the condition of the Wagon, and has made numerous improvements to the prep-kitchen and storage area that support the Popcorn Wagon. Despite all of these improvements, this kitchen area remains under-sized for the current operation, and is not well designed for its function. Mr. James Lindt March 6, 2002 Page Three TABLE 1 SUMMARY OF SUBJECT PROPERTY'S COMPLIANCE WITH COMMERCIAL CORE ZONE DISTRICT DIMENSIONAL REQUIREMENTS Requirement Code Standard Existing Proposed Conditions Conditions Minimum Lot Size 3,000 s.f. 6,000 s.f. 6,000 s.f. Minimum Lot Area Per No requirement Not applicable Not applicable Dwelling Unit for commercial building Minimum Lot Width No requirement Not applicable Not applicable Minimum Front Yard No requirement Not applicable Not applicable Minimum Side Yard No requirement Not applicable Not applicable Minimum Rear Yard No requirement Not applicable Not applicable Maximum Height* 40 feet 8' 3" 9, 91, Minimum Distance 10 feet Not applicable Not applicable Between Buildings on the Lot Minimum Percent of 25% (1,500 sq. 31% (1,862 sq. 27% (+/-1,612 Open Space ft.) ft.) sq. ft.) Maximum External Floor 1.5:1 (9,000 sq. 0.53:1 (3,199 sq. 0.58:1 (3,459 sq. Area ft.) ft.) ft.) Minimum Number of 2 spaces per 2 spaces 2 spaces Off-Street Parking Spaces 1,000 sq. ft. of net leasable space * Note: The height listed above is the height of that portion of the building on which the addition is planned. The height of the arch in front of the building is 12' 2", while the height of the building where Pacifica is located is approximately 14'. Mr. James Lindt March 6, 2002 Page Four The applicant has entered into a long term lease for the vacant space in the building that is adjacent to the Popcorn Wagon, and proposes to open a restaurant in this space. The building has previously housed a restaurant (R-Peas) and, more recently, a retail store. In order to make the space function properly for the restaurant, the applicant proposes to add approximately 150 sq. ft. of new net leasable space, which will create a wider area in which circulation can occur. The applicant also intends to make an addition of approximately 110 sq. ft. to the building that supports the Popcorn Wagon (see double-hatched area on proposed site plan). This area will be used for storage of food and other supplies for the restaurant. By making this addition, the existing kitchen/storage area can be improved into a more functional kitchen, that will continue to be the prep-kitchen for the Popcorn Wagon, and will also be the kitchen for the new Colony Restaurant in the adjacent building. The areas where the building additions are proposed to occur are depicted on the site plan. GMQS Exemption for Expansion of Commercial Building Section 26.470.070 of the Aspen Land Use Regulations provides an exemption from the Growth Management Quota System (GMOS) for a small addition of net leasable space to an existing commercial or office use, provided it is demonstrated that the expansion will have minimal impact upon the City. The applicant proposes to make several small additions to the building, as shown on the proposed site plan. These expansions, which have been designed to extend the width of the building to the dimensions of the existing roof overhangs, will add approximately 150 square feet of net leasable space to the building. These expansions are subject to review by the Growth Management Commission, not the Community Development Director, due to two prior small additions approved for this property in the 1980's. These expansions were a 96 square foot addition to the building that serves the Popcorn Wagon (accomplished in 1987) and a 145 square foot addition (accomplished in 1985) to the Grill on the Park (now Pacifica). The proposed 110 square foot addition to the storage area for the Popcorn Wagon is not included in this portion of the application, since this area does not count as net leasable commercial space under the City's definition of that term. Section 26.470.070 states that a determination of minimal impact shall require the following to be demonstrated: That a minimal number Of additional employees will be generated by the expansion and that employee housing will be provided for the additional employees generated; Mr. James Lindt March 6, 2002 Page Five Response: There will not be any additional employees generated by the proposed addition. The purpose of this small addition is to slightly widen the circulation area within the restaurant, so that patrons and employees can more comfortably use the space. However, regardless of whether this addition is made, the same number of tables will be placed within the restaurant, and the same number of employees will work in the restaurant. That a minimal amount of additional parking spaces will be demanded by the expansion and that parking will be provided; Response: Since this addition will not increase the seating capacity of the restaurant, and will not increase the number of employees who work at the restaurant, it is not expected to create any additional parking demand. The compliance of the proposal with the parking standards of the CC zone district is addressed in a subsequent section of this application. That there will be minimal visual impact on the neighborhood from the expansion; and Response: The proposed additions will have minimal visual impact. As the elevations included with this application show, the existing buildings are quite low profile, and will remain so after the addition, with a height that is less than 1/3 of the maximum allowed in this zone district. The negligible impact of the proposed height increase on the Wheeler Viewplane is addressed in a later section of this application. The areas in the restaurant that will be expanded will only extend the width of the building by 2' to the north and 2.5' to the south. These extensions are intended to match the dimensions of the existing roof overhangs, so they will not significantly change the visual appearance of the building. The elevations also illustrate that the facade of the building will receive somewhat of a face lift, including the introduction of new sliding glass doors that will present a more inviting image to pedestrians passing by. The area where the new storage space is proposed will clean up the appearance of the courtyard surrounding the Popcorn Wagon, allowing material storage to occur within a building, rather than outside as has been the case, and will be a visual improvement to this area. That minimal demand will be placed on the City's public facilities from the expansion. Response: This property is located in the heart of the commercial core, and is already served by the full compliment of public facilities. The applicant anticipates that this small addition will not create the demand for any new facilities, including water supply, sewage disposal and similar public facilities. As noted above and as shown on the site planâ€ž there is an existing trash and utility service area serving the property that received Planning and Zoning Commission special review approval in 1986; no changes to this service area are planned. Mr. James Lindt March 6, 2002 Page Six Commercial Restaurant in Open Space There is a minimum 25% open space requirement in the CC zone district. The subject property provides approximately 1,862 sq. ft., or 31% of the site, as open space. After the building additions proposed in this application are constructed, approximately 1,612 sq. ft., or 27% of the site, will qualify as open space. Section 26.575.030 of the Code establishes the standards for required open space. Subsection A.9 states that no required open space may be used for any commercial activity; however, subsection A.10 authorizes the Planning and Zoning Commission to permit a commercial restaurant use in required open space. It states that: "Required open space may be used for commercial restaurant use if the Planning and Zoning Commission shall determine that such use is compatible with or enhances the purposes of these open space requirements and that adequate pedestrian and vehicle access will be maintained'. The applicant proposes to use the courtyard located along Mill Street for outdoor dining on a seasonal basis. This activity will enhance the open space, by allowing patrons to enjoy this outdoor space along the Mall, in close proximity to such community attractions as Wagner Park and the Wheeler Opera House. Outdoor dining has proven to be an activity that adds to the vitality of the commercial core, generating lively enjoyment of private spaces, as well as public spaces where the City has permitted restaurants to encroach into the Mall area. In fact, the adjacent restaurant, Pacifica, has outdoor dining, as does the Popcorn Wagon. Since this property is located at one of the most prominent corners in the City, this type of activity would seem to be a most appropriate way to use this private open space. Use of this space for dining will not impact pedestrian access into the building. The site plan illustrates how pedestrians will access the restaurant. Vehicle access will not be affected, since this space is located on the pedestrian mall, which is closed to vehicles. Special Review for Parking The parking standard in the CC zone district is 2 spaces per 1,000 sq. ft. of net leasable space. Based on this standard, the applicant would be required to provide 0.3 spaces for the addition of 150 sq. ft. of net leasable space. Section 26.515.010 E. of the Code states that: "When any calculation of off-street parking results in a required fractional space, said fractional space may be paid via cash-in-lieu or an entire space may be provided on the site". A review of the site plan for this property makes it abundantly clear that it is not physically possible to place any additional parking on this site. Therefore, according to Section 26.515.040 C., the applicant hereby requests that the Commission approve an in-lieu payment for this fractional space requirement. The amount of the payment due is as follows: Mr. James Lindt March 6, 2002 Page Seven $15,000 per space x 0.3 spaces required = $4,500 payment due. The applicant would request, however, that the Commission grant a waiver of this payment entirely, by making the special review determination that no additional parking is required for this expansion. As has been demonstrated in the prior section of this application, the purpose of the addition is better circulation within the building. The expansion will not accommodate any additional tables, nor will it add any additional employees. Therefore, the applicant believes it would be appropriate for the Commission to waive the required parking payment. If the Commission decides to instead require the payment to be made, then the applicant will make this payment at the time a building permit is issued for the expansion, as provided in Section 26.515.040 C.2 of the Code. Wheeler Opera House View Plane Review The staff has informed the applicant that this property is located in the designated Wheeler Opera House View Plane. According to Section 26.435.050 C. of the Code, no development may infringe upon a designated mountain view plane. The applicant has taken a photograph of this property, as seen from the ground floor of the Wheeler Opera House. The applicant has enhanced this photograph with a digital image of how the proposed additions to the property would appear. This photograph, along with the proposed elevations that have been submitted, demonstrate that the additions would not change the view from the ground floor of the Wheeler Opera House in any appreciable manner, and is therefore in compliance with the standards for mountain view plane review. This is the case because the minimal increase in height of the existing storage building and the restaurant space stillleave the structures below the height of the building where Pacifica is located, which sits behind the additions. Vested Rights Pursuant to Section 26.308 of the Aspen Municipal Code, the applicant hereby requests that this development be granted vested rights status. Conclusion The applicant has responded to the applicable standards of the Aspen Land Use Code applicable to the project, pursuant to direction given by the Community Development Department during pre-application meetings. Sufficient evidence has been provided of the project's compliance with said standards and the applicant has made commitments in order to ensure that the proposed development will mitigate all of its impacts. Mr. James Lindt March 6, 2002 Page Eight If you require any additional information, or clarification of the statements made herein, please feel free to ask and we will respond in a timely manner. Very truly yours, ALAN RICHMAN PLANNING SERVICES Alan Richman, AICP EXHIBITS From : ROBERT A FRANCIS PHONE No. : 3039256151 Mar. 05 2002 6:58PM P01 EXHIBIT #1 c= 511 90 Recer*,1 â€¢t allock i -- - M.. _ Receptinn Ne. __ . 1'101(SUNAL REPHIÂ¢SENTATIVE'S DICEI) x 3 fic,lute U.:Inte) m 3= ru William L. Comcowich 1'!HS DEED, 13 im,le by -_.. _ , 534 10 ]14 Ill in,al Replri.enial;ve â€žf ilic 12.1.itÂ· i,i' i~3 -4~ 02. Robert Barnard - . .le.c.i,Cd. (trantor. == 0 w Willitint L. Cumvowich, Trustee of the__. 1 2% Cn Robert Barnard Trust (.ItÂ·ant/Â·e, X "m whose legil:111{Infss is 420 W. Main stree, Aspen, CO 91611 02 Z;" 00 CD 10 WlitiltliAN. 11,0 â€¢tinwc-ni,mul dc:cil:,it Iii t.;4 lifet,Ii,c inu.le and excoiled 1,1. ] .a,1 w,11 and l crininen, date d -=AIZK U--19 -- , 19 -76*, whit:h will wal â€¢11* admillett 14, {0,1,1 jal) diAWFA;Al?Virt,bal: in, December ..30 19._94 ,1,V Ibe _. District .- Ct,url in and for ihe _-_. ('t,11'lly Pitlin - , and Stile of Colorndo. Prrihatc No. -82PR16 W~#REAS. CE; 911(t,r w:th,hily .lipoinled Persint:,1 Repregent.,tive â€žf .:wil liqtale m, Dec:.e-mber 3 0 19 - , and k now qualihed .â€žd acting in Knid cap:Kity N<)W, T111311Â·:FORF. pursu:mi 10 Ilie power. rtmle.rird i,1,13,1 (irantor by tho Â£ tilt,imh, 1'4 tiliate (bile. C ..inint Joe, irb,Â£ sell convey o:sign, lr;Hider :ind vi over tinti, firnmcc *iltill*FAD:mwiet*kÂ¥104*10*11Â¢,X}6,0,0,10,>0)110>â€žt |lbillialit L. tomcowic~*u2E True.~ee .af.mAr (As the pentâ€ž, cmilkÂ·,1 In .IiÂ·.Iril...1..,1, â€¢,111,r -the itobert Banlard- prnpcity In 110 tihove c:,plitmed Will )- ilic. tellowing described *11 lin,perly hitwie m th{Â· Com,ty 01 Pitkin . _ _. Male lif (kilorado See attached Exhibit "A", incorporated by reference herein. alw known by Aiw and nâ€ž,â€žbe,Â· x With at| alitiuiÂ·tc~,~iÂ·ci, 3,11, icÂ·ct In covetiant<, c:twimÂ·nl, and irstrirlit,liN t,1 IfiÂ·nul. it,1<1 .ul,ilÂ·, 1 til rent'lai 1,1,}pâ€¢Â·th' 1.1*Â¢4 foi the Fr 19 - , and subject to no other exceptions. 1STATE DOCUMENTARY : *191986 AR tlicil lician. the vligul:Ir IlkÂ·tildes Ilic plural and lbc muhcul me /Â¢11(|Cr the AÂ·,imilne :ind I.Â·utâ€¢:, rt 11,1,Â·A:Â·:. the omtrit may trquire â€¢ 86 312Â·22UM.egmr'M,ch Dr. Robert Harndrd Ike'lie,1 ~~~~)~~~)1~)ItALK) pitkin . 986.- 7FtS,opul,c i,&:~ ;81~;~A"MEnt wa. ncknowled[;rd hefolt nie Ihts _.37~ _ day of . c./,&19~/- __... ., '0 + uy' I Â·'4 1 B L. Comcowich -_ i,% Past)11;11 4Â·prnenimmÂ· til Ihe blair ..A ...br. 'aMbert. Barpard _ .- _. pell';INMI. 2 , #fiR#ntf"'44*Wqi f k' pum~Â£:41*44,res: _-9*rv /4 /A# ,/ /7 â€¢Strike K required 01:46. H.v. .US. ,-FIN,â€¢iNAâ€¢. NE,â€¢RDa.Ntint,7% iwih ibil#r, 1\,Â»1~nâ€¢Ir.,4.-JÂ»nf. 4.:,r. â€ž,.. . i .....,-. 0 ,â€¢ -â€¢Â·.â€¢ . -Â·Â·Â· Â· ,.--- , ./ :. 1. *and Firct Codicil dated october 11, 1977. From : ROBERT A FRANCIS PHONE No. : 3039256151 Mar. 05 2002 6:59PM P02 r , Boox 511 PAGF1 91 EXHIBIT "A" Unite A, 8& C Aspen Commercial Condominium according to the Condominium Map thereof filed for record November 6, 1974 in Plat Book 4 at Page 499, ae defined and described in the Condominium Declaration for Aspen Commercial Condominium recorded November 6, 1974 in Book 293 at Page 61. 5 02 11:472 Jeffret, Halfertg Design tti tu J JCJ L# u...... EXHIBIT #2 Mr. James Lindt, Planner City of Aspen 130 South Galena Street Aspen, Colorado 81611 RE: DEVELOPMENT APPLICATION FOR 307 SOUTH MILL STREET I)ear Mr. Lindt, I am the trustee of the Barnard Trust, which is the owner of Lot H and I, Block 82, City and Townsite of Aspen. The Barnard Trust has entered into a long tenn lease with Ms. Sue Parry, allowing her to occupy the currently vacant space located at 307 South Mill Street. As the trustee for the owner of the property, I hereby authorize Ms. Parry to submit a land use application for the property, so that this space may be used as a restaurant, including the necessary modifications to the building that she proposes. Should you have any need to contact me during the course of your review of this application, please do so at the address and telephone number below. Sincerely. The Barnard Trust Dr. William Comcowitch, Trustee 420 West Main Street Aspen, Colorado 81611 925-7730 EXHIBIT #3 Mr. James Lindt, Planner City of Aspen 130 South Galena Street Aspen, Colorado 81611 RE: DEVELOPMENT APPLICATION FOR 307 SOUTH MILL STREET Dear Mr. Lindt, I have entered into a long term lease with the Barnard Trust for the commercial space located at 307 South Mill Street. I hereby authorize Alan Richman Planning Services to act as my designated representative with respect to the land use application being submitted to your office for the restaurant I plan to operate at this location. Mr. Richman is authorized to submit an application for a small addition to the existing building in which the restaurant will be located. He is also authorized to represent me in meetings with City of Aspen staff and the Aspen Planning and Zoning Commission. Should you have any need to contact me during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the application. Sincerely, 0-~Â«-~=221_ -- %/ -, LizlÂ»---~ c~ u#-1 Sue Parry 977 Queen Street Aspen, Colorado 81611 544-0008 EXHIBIT #4 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: James Lindt 920-5095 DATE: 2/19/02 PROJECT: Former Waterfall Hope Space REPRESENTATIVE: Alan Richman OWNER: TYPE OF APPLICATION: One Step DESCRIPTION: Special Review for Parking, Open Space for Commercial Restaurant Use, GMQS Exemption for expansion between 251 and 500 net leasable square feet. Wheeler Opera House View Plane. Land Use Code Section(s) 26.470.070(E)(2). Growth Management; 26.430 Special Review; 26.435.030(A)(5) Mountain View Plane Review Review by: P&Z/Growth Management Commission Public Hearing: Yes Referral Agencies: Environmental Health Planning Fees: Deposit ($1205 for 6 hrs of stafftime. Any Planner time spent over the 6 hours will be billed at $205.00 per hour.) Referral Agency Fees: $180 (Environmental Health) Total Deposit: $1385.00 To apply, submit the following information: 1. Proof of ownership 2. Signed fee agreement 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description ofthe parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application 6. 13-Copies ofthe complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 1 7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 8. Site map showing placement of improvement 9. Additional materials as required by the specific review. Please refer to the application packet for specific submittal requirements or to the code sections noted above. 10. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. MAPS AND DRAWINGS W '*0 Of e ml ff r# 4 12 N. . . 1 '. 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MEMORANDUM Appieved 6- I TO: Aspen Planning and Zoning Commission 14*Ad CoN dif THRU: Julie Ann Woods, Community Development Director 1 IM Sect(01.3 Joyce Ohlson, Deputy Director - li vie i n Uâ‚¬*f-la Qi&(8 10Â¢04934 F 1 41~ FROM: James Lindt, Planner (~--~ Â£926*10 C o er- 2 2 -O RE: Special Review for Commercial Restaurant Use of Open Space, and Â£ 'e *u,0 ect to vary the Off-street Parking Requirements, Wheeler Opera House View Plane Review- Public Hearing DATE: April 2,2002 APPLICANT: I Existing Storage Structure to be 1~ ~lf i*991 increased to 9'9" in Height. -7 Sue Parry ' i ,; =A./4+ REPRESENTATIVE: -= f --- Alan Richman, Richman Planning Services LOCATION: .- ZI~â€ž7-'73Â» 7'.ipm - 4.- 307 S. Mill St., .t.Â¢- Parcel ID: 2737-182-17-004 .%4 + 1. ZONING: du.A â€¢ *4-1,---- --..8- ....Â» ......al.-Il'* Commercial Core (CC) & Historic District Overlay - Open Space to be used 1-, 4 (1.2,- -~ for Outdoor Seating $ - CURRENT LAND USE: . Vacant Space (Former Use was Retail) ~tiull ~ PROPOSED LAND USE: Restaurant with outdoor seating. ( 150 SF under overhang. ~ Proposed Expansion of .. SUMMARY: . I. ....4..... 4....../...../... The Applicant is proposing to expand 2 the vacant commercial space at 307 S. ~ Mill St. for the operation of a restaurant ~ with outdoor seating. REVIEW PROCEDURE Special Review is required to allow for the utilization of required open space for a Commercial Restaurant Use. Special Review is also required to allow for a cash-in-lieu payment to be made in lieu of providing on-site parking spaces required for an addition of net leasable square footage. The Wheeler Opera House View Plane Review is required to increase the height of a structure within the designated view plane of the Wheeler Opera House. Following the receipt of a recommendation from the Community Development Department, the Planning and Zoning Commission shall by resolution approve, approve with conditions, or deny a development in the City of Aspen requesting Special Review and Wheeler Opera House View Plane approval. STAFF COMMENTS: Sue Parry, ("Applicant"), is requesting approval for Special Review to allow for the required open space at 307 S. Mill Street to be used as outdoor seating for a restaurant pursuant to land use code section 26.575.030(A)(10). The restaurant for which the outdoor seating is proposed is to operate in the former "Waterfall Hope" space that abuts the Popcorn Wagon as can be seen on the site plan attached as Exhibit "B". The Applicant is proposing to expand the subject space by 150 net leasable square feet and is required by the land use code to provide off-street parking for the additional square footage. Therefore, the Applicant is also requesting Special Review Approval to pay cash-in-lieu of providing the additional required parking spaces pursuant to Section 26.515.040(C)(1). The Applicant is also requesting approval of the Wheeler Opera House View Plane Review to slightly increase the height of an existing storage building within the confines of the designated view plane. Special Review for Use of Open Space for Commercial Restaurant: The Applicant is proposing outdoor seating to be located in the courtyard along Mill Street for dining on a seasonal basis. Staff feels that outdoor dining is an appropriate and beneficial use of private open space. The use of required open space for seasonal dining brings vitality to the Commercial Core and adds to the unique character of the City of Aspen. Staff believes that the use of this specific open space area as outdoor dining is compatible with the surrounding uses in that both of the adjacent restaurants (Pacifica and Popcorn Wagon) utilize required open space for commercial dining. Staff feels that the proposal enhances the open space and recommends that the Planning and Zoning Commission approve the proposed Special Review to use required open space for commercial restaurant use. Special Review for Parking: Section 26.515.010(C) requires that if an existing development is expanded, additional off-street parking shall be provided for the increment of the expansion as if it were a separate development. According to the land use code,.3 parking spaces (2 spaces per 1,000 net leasable square feet) would be required for the 150 square foot addition. The applicant has requested that the Planning and Zoning Commission either waive the additional parking required by the addition or allow for a payment-in- lieu of providing the additional spaces on-site. The land use code does not provide the Planning and Zoning Commission with the authority to waive the additional required parking spaces regardless of whether or not the additional net leasable space will be generating employees or customers. Staff agrees with the Applicant's assessment that there is not an opportunity to provide the additional required parking spaces on-site. Therefore, Staff recommends that the Planning and Zoning Commission approve the proposed Special Review Application to allow the Applicant to provide a payment-in-lieu of $4,500 ($15,000 per required parking space) to the City of Aspen to mitigate the parking impacts of the proposed expansion. Wheeler Opera House View Plane Review: The Applicant is proposing to slightly increase the height of an existing storage structure that abuts the courtyard of the Popcorn Wagon. The storage area currently is 8' 3" tall and the applicant is proposing to increase the height of it to approximately 9' 9" above finished grade. The "Pacifica Restaurant" space that exists to the South of the proposed storage area is 9' 9' inches. Due to the fact that the storage area is located in front of an existing building that already infringes upon the designated view plane, Staff feels that the proposed increase in the height of the storage area will have a negligible impact on the view of Aspen Mountain from the steps of the Wheeler. Staff does not anticipate that the "Pacifica Restaurant" space will be re-developed with a structure in the near future that will infringe less upon the Wheeler Opera House View Plane and re-open the view plane. Staff feels that the proposal meets the review standards for approving a Wheeler Opera House View Plane review and recommends that the Planning and Zoning Commission approve the proposed application. Referral Agency Comments: The Aspen Consolidated Sanitation District has expressed concerns about the sewer line that serves the building. The Sanitation District and the Applicant have come to an understanding that the existing sewer line needs to be investigated further to determine if it is suitable for an additional restaurant use. The Sanitation District and the Applicant have also come to the agreement that the existing sewer line will be brought up to compliance with the Sanitation District's standards if required. The Aspen Consolidated Sanitation District also is requiring that the Applicant install an oil and grease interceptor that meets the Sanitation District's specifications. In addition, the Aspen Sanitation District is requiring that the roof drains be redirected to a drywell. The Water Department has also expressed concerns about the existing service line. Water Department Director, Phil Overeynder, recommends that the Applicant abandon the current service line and connect into the line under E. Hyman Ave. The Environmental Health Department is requiring that the Applicant either provide a second restroom or obtain a variance from the State of Colorado' s restaurant regulations. The previous requirement has been insured by Condition No. 3 in the proposed resolution. The City of Aspen Building Department is requiring that the proposed bar area be fully ADA compliant and that a hood be provided over the dishwasher as well as the range and fryer. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve with conditions the proposed Special Review for Parking, and utilization of required open space for a commercial restaurant use. Staff also recommends that the Planning and Zoning Commission approve the proposed Wheeler Opera House View Plane Review to allow the Applicant to increase the height of the existing storage structure to 9' 9". RECOMMENDED MoTION: " I move to approve with conditions the Wheeler Opera House View Plane Review as proposed, and a Special Review to allow for a payment of cash-in-lieu of providing parking on-site for the proposed 150 square foot addition and to utilize required open space as for a commercial restaurant use at 307 S. Mill Street." ATTACHMENTS: Exhibit A -- Special Review for Parking Criteria and Staff Findings Exhibit B -- Special Review to Utilize Required Open Space for Commercial Restaurant Criteria and Staff Findings Exhibit C -- Wheeler Opera House View Plane Criteria and Staff Findings Exhibit D -- Application (Please See Growth Management Commission Memo for Application) Exhibit E -- Referral Comments Exhibit F -- Site Vicinity Map RESOLUTION N0. 1.~3 (SERIES OF 2002) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A WHEELER OPERA HOUSE VIEW PLANE REVIEW, AND A SPECIAL REVIEW FOR PARKING AND COMMERCIAL RESTAURANT USE OF OPEN SPACE FOR THE COLONY RESTAURANT AND PIANO BAR LOCATED AT 307 S. MILL STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-17-004 WHEREAS, the Community Development Department received an application from Sue Parry, applicant, for a Wheeler Opera House View Plane Review to increase the height of an existing storage structure to 9'9", and a Special Review for Parking to pay cash-in-lieu of providing additional on-site parking for a proposed 150 square foot addition, and a Special Review for Commercial Restaurant Use of Open Space to do outdoor seating; and; WHEREAS, the Growth Management Commission approved an Exemption from the Growth Management Quota System to expand the proposed commercial space by 150 square feet; and, WHEREAS, the Planning and Zoning Commission shall by resolution approve, approve with conditions, or disapprove a development application for Wheeler Opera House View Plane Review, after considering a recommendation by the Community Development Department pursuant to Land Use Code Section 26.435.070; and, WHEREAS, the Planning and Zoning Commission shall by resolution approve, approve with conditions, or disapprove a development application for Special Review for Parking and Commercial Restaurant Use of Required Open Space, after considering a recommendation by the Community Development Department, applicable referral agency comments, and after taking and considering public comments pursuant to Section 26.430; and, WHEREAS, the Community Development Department reviewed the Wheeler Opera House View Plane application and recommended approval; and, WHEREAS, the Community Development Department reviewed the Special Review application for Parking and for Commercial Restaurant Use of Required Open Space and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing on April 2,2002, the Planning and Zoning Commission, by a _ to _ C-_3 vote, approved with conditions the proposed Wheeler Opera House View Plane Review, and a Special Review application to pay cash- in-lieu for the additional required parking and for Commercial Restaurant Use of open space; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Wheeler Opera House View Plane Review application to allow for the existing storage building to be increased to a height of 9'9" is approved. Section 2: That the Special Review application to allow for the Applicant to pay cash-in-lieu for the additional parking spaces required by the proposed 150 square foot addition is approved pursuant to Land Use Code Section 26.515.040 with the following condition: 1. The Applicant shall pay a cash-in-lieu fee of $4500 to mitigate for .3 parking spaces. Section 3: That the Special Review application to allow for Commercial Restaurant Use of the required open space in the courtyard that abuts the Mill Street Mall is approved pursuant to Land Use Code Section 26.575.030(A)(10) with the following conditions: 1. The Applicant/Building Owner shall bring the existing sewer line serving the building into compliance with the Aspen Sanitation District's standards pending further investigation of the existing sewer line. The Applicant shall provide written assurance to the Aspen Sanitation District prior to opening that the sewer line will be brought up to the Sanitation District's standards if required. The City of Aspen Parks Department, City Engineer, and Aspen Consolidated Sanitation District shall be consulted prior to doing any work on the sewer line within the public right-of-way. 2. The Applicant shall connect the roof drains to a drywell. 3. The Applicant shall provide two bathrooms on-site or receive a variance from the State of Colorado Health Department. 4. The Applicant shall provide an oil and grease interceptor that meets the Environmental Health Department and the Aspen Sanitation District's requirements. 5. The Applicant shall provide a bear-proo f trash container on-site. 6. The bar shall be fully handicap accessible. 7. The Applicant shall obtain HPC approval prior to making any exterior alterations to the structure. 8. The Applicant shall obtain a Colorado Food Establishment License prior to opening as a Restaurant. 9. The Applicant shall obtain a liquor license prior to serving alcohol. 10. All uses and construction shall comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. Section 4: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Approved by the Commission at its regular meeting on April 2,2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk EXHIBIT A SPECIAL REVIEW FOR PARKING REVIEW CRITERIA & STAFF FINDINGS The following section provides land use code language regarding a proposal to pay cash- in-lieu of providing on-site parking for expansion o f an existing development. Whenever the off-street parking requirements of a proposed development are subject to establishment and/or mitigation via a payment in lieu by special review, the development application shall only be approved if the following conditions are met. a) the parking needs of the residents, customers, guests and employees of the project have been met, taking into account potential uses of the parcel, the projected trajfic generation Of the project, the projected impacts onto the on-street parking of the neighborhood, its proximity to mass transit routes and the downtown area, and any special services, such as vans, provided for residents, guests and employees. Staff Findings: Staff believes that the off-street parking needs of the employees and customers generated by the proposed addition can be met by utilizing the Rio Grande Parking Garage and other parking resources within the city. Due to the limited availability of space on the property, Staff feels that the on-street parking impacts on the neighborhood should be mitigated for by way of paying a cash-in-lieu fee as the Applicant has proposed. Staff feels that the payment in-lieu of the additional .3 spaces required by the land use code is appropriate. Staff finds this criterion to be met. In determining whether to accept the mitigation or whether to require that the parking be provided on-site, the Planning and Zoning Commission shall take into consideration the following: a) practical ability of the applicant to place parking on-site, whether the parking needs of the development have been adequately met on-site and whether the city has plans for a parking facility which would better meet the needs of the development and the community than would location Of the parking on-site. Staff Findings: Staff does not believe that the Applicant could provide any additional parking spaces on- site due to the existing site coverage of structures on the parcel, as well as, the minimal existing vehicular access points due to the fact that the parcel abuts the Hyman Avenue Pedestrian Mall. Staff feels that the parking impacts of the addition can be adequately provided for in the Rio Grande Parking Garage or other parking resources within the City of Aspen. Staff finds this criterion to be met. EXHIBIT B SPECIAL REVIEW FOR OPEN SPACE/COMMERCIAL RESTAURANT REVIEW CRITERIA & STAFF FINDINGS The following section provides land use code language regarding a proposal to use required open space for a commercial restaurant use. The provisions above notwithstanding, required open space may be used for commercial restaurant use if the Planning and Zoning Commission determines, by Special Review (see Chapter 26.430), that such use is: a) compatible with or enhances the purposes of these open space requirements, and; Staff Findings: Staff feels that utilizing the required open space at 307 S. Mill Street for Seasonal Commercial Restaurant Use enhances the purpose of the particular open space. The other areas o f open space on the subject parcel are already used as outdoor seating and the courtyard area that is proposed for the outdoor dining is currently cluttered with debris and is unsightly. Furthermore, Staff believes that the addition of more outdoor dining will bring added liveliness to the commercial core area and feels that the proposal is appropriate for this area of town. Staff finds this criterion to be met. EXHIBIT C WHEELER OPERA HOUSE VIEW PLANE REVIEW REVIEW CRITERIA & STAFF FINDINGS The following section provides land use code language regarding a proposal for development within the designated Wheeler Opera House View Plane. I. No mountainview plane is infringedupon, except as provided in Section 26.435- 050 (C) (2). When any proposed development infringes upon a designated view plane, but is located in front Of another development which already blocks the same vie-w plane, the Planning and Zoning Commission shall consider whether or not the proposed development will further infringe upon the view plane, and the likelihood that redevelopment of the adjacent structure will occur to re-open the view plane. In the event the proposed development does not further infringe upon the view plane, and re-redevelopment to re-open the Â¥ie-w plane cannot be anticipated, the Planning and Zoning Commission shall approve the development. Staff Findings: The structure that contains Pacifica Restaurant (located directly south o f proposed storage area) is currently taller than the proposed storage building and sits between the Wheeler Opera House and Aspen Mountain. Staff believes that the Applicant' s proposal to increase the height of the storage building from 8'3" to 9'9" will have a minimal affect on the view of Aspen Mountain from the Wheeler Opera House Entrance due to the fact that the Pacifica Building already infringes on the view plane. Staff also does not anticipate that the building where Pacifica is located will be lowered at any time in the near future to re-open the view plane. Staff finds this criterion to be met. ExAArt ./ /3 - \2' MEMORANDUM To: Development Review Committee From: John Niewoehner, Community Development Engineer Reference DRC Caseload Coordinator Date: March 22,2002 Re: 307 S. Mill Street, GMQS Exemption for Additional Commercial Space, Special Review for Outdoor Seating, Wheeler Opera House View Review Attendees: John Niewoehner, Community Development Engineer James Lindt, Community Development Planner Jerry Nye, Street Department Phil Overeynder, Water Department Richard Goulding, Engineering Janette Whitcomb, Environmental Health Tom Bracewell, Sanitation District Jerry Nye, Street Department Alan Richman, Planner representing S. Mill St. The Development Review Committee reviewed the 307 S. Mill Street proposal at their March 13, 2002 meeting, and has compiled the following comments: General 1. Sufficiency of Submittal: DRC comments are based on the fact that we assume the submitted site plan is accurate, that it shows all site features, and that proposed development is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to alleviate problems and delays related to approvals tied to "issuance of building permit." 2. R.O.W. Impacts: If there are any encroachments into the public rights-of-way, the encroachment must either be removed or be subject to current encroachment license requirements. Site Review 1. Engineering Department: No material storage or dumpsters in ROW unless a encroachment permit is obtained. The existing on-site space should be sufficient for storage and dumpster. 2. Community Development Engineer: No comments at this time. 3. Zoning: No comments from Zoning Officer at this time. 4 Housing Department: No comments at this time. 5. Fire Protection District: No comments at this time. Page 2 of 4 March 13 2002 307 S. Mills Street 6. Parks Department: No comments at this time. Note: If water and sewer work occurs in Mall ROW, the Parks Department will need to be involved. 7 Building Department: a. Energy analysis needed to demonstrate compliance with Aspen/Pitkin County Energy Code. b. Two bathrooms may be needed. c. The bar is to be fully accessible d. Mechanical and HPC reviews will be needed. e. A hood over dishwasher will be required in addition to hood over ranger and fryer. 8. City Water Department a. Old existing 3/4" g.i. service connection. Existing tap is under fountain. It is recommended that the project investigate the abandonment of the existing tap and connect into Hyman Street. The size of the new tap is dependent on quantity and pressure requirements for sprinklers and restaurant codes. b. All uses and construction will comply with the City of Aspen Water System standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code. 9. Aspen Consolidated Sanitation District The Aspen Consolidated Sanitation District currently has sufficient treatment system capacity to serve this project. Any downstream collection system capacity problems will be eliminated through a system of additional proportionate impact fees. Service is contingent upon compliance with the District's rules, regulations, and specifications that are on file at the District office. The project will require the installation of a new sewer in the mall area. A new service will be required for the project since the Pacifica restaurant is currently having service related problems. The new lines that are required may be postponed with written assurances that the improvements will be made as soon as possible. Tom Bracewell, line superintendent, should be contacted by the applicant for more information. A district approved oil and grease interceptor will be required before service is provided. Roof drains for the building will need to be checked for connection to the District's system. Roof drains are illegal and must be directed to dry wells. The total connection fees can be estimated once detailed plans are available and a tap permit is completed at our office. All fees must be paid prior to the issuance of a building permit. 10. Environmental Health AIR QUALITY: Sections 11-2.1 "It is the purpose of [the air quality section of the Municipal Code] to achieve the maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution throughout the city..." The Land Use Regulations seek to "lessen congestion" and "avoid transportation demands that cannot be met" as well as to "provide clean air by protecting the natural air sheds and reducing pollutants". The addition of 150 sq ft to this space will not generate a significant increase in trips per day. Air mitigation measures are not required. Page 3 of 4 March 13 2002 307 S. Mills Street TRASH STORAGE AREA: The applicant should make sure that the trash and grease storage area has adequate wildlife protection. FIREPLACE/WOODSTOVE PERMITS Initial plans did not indicate a fireplace or wood burning stove in the proposed facility. FUGITIVE DUST Prior to any outside demolition, a fugitive dust control plan is required which includes, but is not limited to fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. A condition of approval should be that the applicant provides a completed fugitive dust control plan to the Environmental Health Department prior to the issuance of a demolition or building permit. ASBESTOS Commercial - Prior to remodel, expansion or demolition of any public or commercial building, including removal of drywall, carpet, tile, etc., the state must be notified and a person licensed by the state to do asbestos inspections must do an inspection. The Building Department cannot sign any building permits until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. ECOLOGICAL BILL OF RIGHTS The applicant failed to submit information addressing compliance with the Ecological Bill of Rights, such as listing energy conservation measures. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: NOISE ABATEMENT: Section 16-1 "The city council finds and declares that noise is a significant source of environmental pollution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of Aspen and it its visitors. Accordingly, it is the poli cy of council to provide standards for permissible noise levels in various areas and manners and at various times and to prohibit noise in excess of those levels." During construction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 a.m. and 10 p.m. It is very likely that noise generated during the construction phase of this project will have some negative impact on the neighborhood. The applicant should be aware of this and ta ke measures to minimize the predicted high noise levels. FOOD SERVICE FACILITIES Section 10-401 of the Rules and Regulations Governing the Sanitation of Food Service Establishments in the State of Colorado requires a review of plans and specifications by this Department. The Department shall be consulted before preparation of plans and specifications. The Aspen Consolidated Sanitation District must be contacted for their recommendation on the proper size of the grease trap. Restaurant grills are regulated by the City of Aspen and the applicant should contact this Department to be sure that if a grill is planned, that it is in compliance with City code. Due to the number of seats in the proposed facility, it is required that two restrooms are provided for patrons and employees. A condition should be approval of both plans and specifications before the building permit is approved. A minimum of two weeks shall be necessary for the Department to review and approve plans. Also, final approval from this Department is necessary before opening for business and prior to issuance of a Colorado Food Establishment License. Page 4 of 4 March 13 2002 307 S. Mills Street 11. City Community Development - Planning a. Trash storage must be bear proof. b. Need to show seating layout. a, Employee housing mitigation needs to be addressed. b. GMQS Exemption required. This will be discussed in a different forum. 12. Electric Department No comments at this time 13. Holy Cross Electric No comments at this time 14. City Attorney No comments at this time 15. Streets Department No comments at this time 16. Historic Preservation Officer No comments at this time 17. Pitkin County Planning No comments at this time 16. County and City Disaster Coordinator No comments at this time Approvals 1. Engineering: The applicant receives approval from the City Engineering Department (920-5080) for design of improvements, including grading, drainage, transportation/streets, landscaping, and encroachments within public right of way. 2. Parks: The applicant receives approval from the Parks Department (920-5120) for vegetation species and for public trail disturbance. 3 Streets: The applicant receives approval from the Streets department (920-5130) for mailboxes, finished pavement, surface materials on streets, and alleyways. 4. Permits: Obtain R.O.W. permits for any work or development, involving street cuts and landscaping from the Engineering Department D:\DRC\307 Mills.doc MEMORANDUM To: James Lindt, Community Development Department From: Jannette Whitcomb. City Environmental Health Department Date: March 20,2002 Re: 307 S. Mill St GMQS Exemption for Addition of Commercial Space Parcel ID #2737-182-17 -------- The City of Aspen Environmental Health Department has reviewed the 307 S. Mill St GMQS Exemption land use submittal under authority of the Municipal Code of the City of Aspen, and has the following comments. AIR QUALITY: Sections 11-2.1 Mit is the purpose of [the air quality sedion of the Municipal Code] to achieve the maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control. prevent and reduce air pollution throughout the city...- The Land Use Regulations seek to "lessen congestion" and "avoid transportation demands that cannot be met" as well as to "provide clean air by protecting the natural air sheds and reducing pollutants". The addition of 150 sqft to this space will not generate a significant increase in trips per day. Air mitigation measures are not required. TRASH STORAGE AREA: The applicant should make sure that the trash and grease storage area has adequate wildlife protection. FIREPLACE/WOODSTOVE PERMITS Initial plans did not indicate a fireplace or wood burning stove in the proposed facility. FUGITIVE DUST Prior to any outside demolition, a fugitive dust control plan is required which includes, but is not limited to fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. A condition of approval should be that the applicant provides a completed fugitive dust control plan to the Environmental Health Department prior to the issuance of a demolition or building permit. ASBESTOS Commercial - Prior to remodel, expansion or demolition of any public or commercial building, including removal of drywall, carpet, tile. etc.. the state must be notified and a person licensed by the state to do asbestos inspections must do an inspection. The Building Department cannot sign any building permits until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. ECOLOGICAL BILL OF RIGHTS The applicant failed to submit information addressing compliance with the Ecological Bill of Rights, such as listing energy conservation measures. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: NOISE ABATEMENT: Section 16-1 The city council finds and declares that noise is a significant source of environmental pollution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of Aspen and it its visitors. Accordingly. it is the policy of council to provide standards for permissible noise levels in various areas and manners and at various times and to prohibit noise in excess of those levels." During construction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 a.m. and 10 p.m. It is very likely that noise generated during the construction phase of this project will have some negative impact on the neighborhood. The applicant should be aware of this and take measures to minimize the predicted high noise levels. FOOD SERVICE FACILITIES Section 10-401 of the Rules and Regulations Governing the Sanitation of Food Service Establishments in the State of Colorado requires a review of plans and specifications by this Department. The Department shall be consulted before preparation of plans and specifications. The Aspen Consolidated 5anitation District must be contacted for their recommendation on the proper size of the grease trap. Restaurant grills are regulated by the City of Aspen and the applicant should contact this Department to be sure that if a grill is planned, that it is in compliance with City code. Due to the number of seats in the proposed facility, it is required that two restrooms are provided for patrons and employees. A condition should be approval of both plans and specifications before the building permit is approved. A minimum of two weeks shall be necessary for the Department to review and approve plans. Also, final approval from this Department is necessary before opening for business and prior to issuance of a Colorado Food Establishment License. n -Aspen Lonsolidated Sanitation District Sy Kelly * Chairman John Keleher Paul Smith * T reas Frank Loushin Michael Kelly * Secy Bruce Matherly, Mgr March 18,2002 James Lindt Community Development 130 S. Gatena Aspen, CO 81611 Re: 307 S. Mill GMQS Dear James: The Aspen Consolidated Sanitation District currently has sufficient treatment system capacity to serve this project. Any downstream collection system capacity problems will be eliminated through a system of additional proportionate impact fees. Service is contingent upon compliance with the District's rules, regulations, and specifications which are on file at the District office. The project will require the installation of a new sewer in the mall area. A new service will be required for the project since the Pacifica restaurant is currently having service related problems. The new lines required may be postponed with written assurances that the improvements will be made as soon as possible. Tom Bracewell, line superintendent, should be contacted by the applicant for more information. A district approved oil and grease interceptor will be required before service is provided. Roof drains for the building will need to be checked for connection to the District's system. Roof drains are illegal and must be directed to dry wells. The total connection fees can be estimated once detailed plans are available and a tap permit is completed at our office. All fees must be paid prior to the issuance of a building permit. Please call ifyou have any questions. Sincerely, 7---kTL 4./bf Bruce Matherly District Manager cc: John Niewoehue 565 N. Mill St.,Aspen, CO 81611 / (970)925-3601 / FAX (970) 925-2537 Exhibit "F" 307 S. Mill St. Vicinity Map . 47-71 09:=32%~ Co -i// ~ Structures /~ Road Network Wheeler Opera House 1~7 City of Aspen 7-1 Rivers & Ponds E-1 Parks & open Space AVE -~ Popcorn Wagon Text One Hundred Scale Road Names E--7 Parcels Proposed Restaurant 4 /22>-~ 4, ~; Pacifica Restaurant f Co -N Wagner Park - EC OOPER AVE E DURANT AVEE 168.WAN S AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE 9,150 7 5 0 &11 4- ADDRESS OF PROPERTY: /. , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 9-C 2.- ~ 0-3 , 200_ STATE OF COLORADO ) ) SS. County of Pitkin ) \ I, 04 64 1/U '42-Â« l -- r (1011 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) o f the Aspen Land Use Code in the following manner: /~\~ Publication ojnotice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least ten (10) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing ofnotice. By the mailing of a notice obtained from the Comm,unity Development Department, which contains the information described in Section 26.304.060(E)(2) o f the Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postdge prepaid U.S. mail to all owners of property within three hundred (300) feet o f the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on tile current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision o f this Title, or whenever the text of this Ti[le is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description o f, and the notice to and listing of names and addresses of owners of real property in the area o f the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. linature ~ The fore*oing "Affidavit o f Notice" was acknowledged befpre me this / 3~~ay o f ry ltÂ£,0-:1- , 2002, by -37*Â·---<--6 J.--g -r, AJ;$ WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 9/16,/<00=Ab 1 - <_yrry_ q Notary Public /93?>k 1 6 0 A f â‚¬144 . ......3:,1'A 017.-47 : 42 i I b . ATTACHMENTS: -O h ... 0 *' : COLOR~ COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIG.X) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY WAIL 00.5 = . 0 . El: - * . a / 3 1 E - : 2 A = C 5% -8 M r Â£ S 2 -0:1 u O I N , 0-Ar-= ES .. 0 = ..:=:. -2:4 8 1 h Ew = <91 . 0 - ;CUD I <D U I E 1 *222-2-: la z %= 23= 3 a a E = m-J ~ pmg*:*Â§=98== :WEE: 3556%1R~5~4;10 0 *61 - 0 4 . 0 .Zte. ~sf111%5~gtlite 5 f, 6 Â§ MB 18 8&6&Â£1% ~ _1/ ...6/<Li -' 303 NOILdi&3%3 0 7%762 uoisuedxa M3H 9 3JflON Z)(3 OLO'( ef) 'S OEI <59~64~~ . ... ATTACHMENT 1 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen Development Application Fee Policy The City of Aspen, pursuant to Ordinance 57 (Series of 2000), has established a fee structure for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the Aspen/Pitkin Community Development Department. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Community Development for Administrative Approvals which normally take a minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Community Development when more extensive staff review is required, as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit. Several different staff members may charge their time spent on the case in addition to the case planner. Staff time is logged to the case and staff can provide a summary report of hours spent at the applicant' s request. After the deposit has been expended, the applicant will be billed monthly based on actual staff hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the case following any hearing or approvals, up until the applicant applies for a building permit. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. In no case will Building Permits be issued until all costs associated with case processing have been paid. W-hen the case planner determines that the case is completed (whether approved or not approved), the case is considered closed and any remaining balance from the deposit will be refunded to the applicant. Applications which require a deposit must include an Agreement for Payment of Development Application Fees. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application and fee in order for a land use case to be opened. The current complete fee schedule for land use applications is listed on the reverse side, , ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and h v e. Q Nil.(k~ (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for G v.b.4 Â£* E-*01'~p#1.- (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 1 , 70 5 which is for 6 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: --SA o~ L l Julie Ann Woods Community Development Director Date: 01,3> c Â£~-- C- -2 ' Mailing Address: 01311 &*t.- 4\-Ae.* Ap, tw' G 95 1.ttl g:\support\forms\agrpayas.doc 1/10/01 42Â»0 ' -2 ~. T.3~ \ 4334 - 48%3 Â·RY" f.1 - 6-4 7 . New roof a *g tch e i t I - 1| *building' - '. Â· 1â€¢& .&4.t *A: . . 1 . , f New storefront glass ' . 4 -- . .: *.1- I. MEMORANDUM TO: Plans were routed to those departments checked-offbelow: City Engineer Zoning Officer 1. ........... Housing Director Parks Department Aspen Fire Marshal City Water ............ Aspen Consolidated Sanitation District Building Department Environmental Health Electric Department Holy Cross Electric City Attorney Streets Department Historic Preservation Officer Pitkin County Planning County & City Disaster Coordinator X ......... Parking Department FROM: James Lindt, Planner Community Development Department 130 S. Galena St.; Aspen, CO 81611 Phone-920.5095 Fax-920.5439 RE: 307 S. Mill St. GMQS Exemption for Addition of Commercial Space, Special Review for Parking and Outdoor Seating, Wheeler Opera House View Plane Review DATE: 3/8/02 DATE OF DRC MEETING: 3/13/02 REFERRAL SCHEDULE APPLICATION SENT OUT TO REFERRAL AGENCIES* 3/8/02 WRITTEN REFERRALS DUE 3/20/02 Thank you, 130 S. Galena St. Aspen CO 81611 (970) 920-5090 Aspen/Pitkin (970) 920-5439, fax Community ~ Development Department 3X To: Jeffrey Halferty From: James Lindt Fax: 925-6035 Pages: Phone: Date: 3/21/02 Re: Referral Comments on 307 S. Mill CC: O Urgent E] For Review Il Please Comment Il Please Reply O Please Recycle â€¢ Comments: Hi Jeffrey, Please find attached the referral comments that I have received from the Aspen Sanitation District about 307 S. Mill St. Based on these comments, I am forced to require a condition of approval that the sewer line be replaced. Please contact either Bruce Matherly or Tom Bracewell as soon as you can if you don't want this condition placed in the resolution. I will need revised comments from them if you come to a joint understanding that a new sewer line is not needed. Also, please get a seating detail plan to Ed Van at the Fire department and myself as soon as possible so that he can check the Egress. My staff memo on this is due Monday, so I need you to get in touch with these guys rather quickly if you don't want to be required to replace the sewer line. Thanks, James .