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HomeMy WebLinkAboutminutes.apgm.20020402 ASPEN/PITKIN GROWTH MANAGEMENT COMMISSION MINUTES - APRIL 2, 2002 Jasmine Tygre opened the Special Growth Management Commission Meeting at 4:35 p.m. in the Sister Cities Meeting Room with Ruth Kruger, Bert Myrin, Ron Erickson, Steven Buettow, Eric Cohen, Roger Haneman, John Howard, Michael Augello, Peter Martin, Paul Rudnick and Joe Krabacher present. Staff in attendance were: Joyce Ohlson, James Lindt, Community Development; Jackie Lothian, Deputy City Clerk. There were 5 county members present therefore there would be 5 city members voting: Jasmine Tygre, Steven Buettow, Ron Erickson, Roger Haneman, and Eric Cohen. Declaration of Conflict of Interest Ron Erickson stated that he has known the applicant but did not have a conflict judging this application fairly. PUBLIC HEARING: 307 South Mill Street GMQS Exemption for ExPansion of a Commercial Use Jasmine Tygre opened the Growth Management Commission public hearing for GMQS Exemption for expansion of commercial use at 307 South Mill Street, The Colony Restaurant. Alan Richm~ prOvided the proof of notice at the end of the meeting~ James Lindt stated that the applicant, Susan Parry, requested the exemption from GMQS for the addition of 150 square feet; the existing space is vacant and was last occupied by Waterfall Hope Gallery. The applicant proposed a restaUrant with outdoor seating as shown on the site plan; the applicant also owns the Popcorn Wagon. The applicant proposed to enclosed the existing overhangs; the applicant requested that the affordable hoUsing mitigati°n fee be waived due to the fact that the extra square footage would be used for circulation space and not additional seating. Staff felt that at some point in time this extra square footage would be used as commercial space, maybe not for this tenant but for the next tenant. The land use code guidelines predicted between 3.5 and 5.25 employees would be generated for 1,000 square feet of commercial core space; the housing authority recommended mitigation in the mid-range of.65 employees. Staff agreed with housing. Alan Richman represented the applicant and introduced Jim True, attorney, Jeffrey Halferty, architect, and Sue parry, the applicant. Sue Parry stated that she has 0~ed the P0pcom WagOn for 4 years and has now rented the space next door; She proposed to incorporate both kitchens into one in the old Waterfall Hope space, 1 ASPEN/PITKIN GROWTH MANAGEMENT COMMISSION MINUTES - APRIL 2, 2002 now the Colony Restaurant if approved tonight. Richman stated that all the conditions were acceptable with the exception of the employee mitigation fee. Richman said that the standard was clear and said that a determination of minimal impact shall require a demonstration of a minimal number of additional employee will be generated by the expansion and that employee housing will be provided for the additional emPloyees generated. Richman said that if there was a formula for the increase in net leasable square footage it could then be an administrative review and not go before the Growth Management Commission. Richman contended that no employees Would be generated with this minor expansion proposed, since there were no employees generated there were no employees to mitigate. Richman stated that the planning staff met with the attorney, John Worcester, at the applicant's request to determine if the standard was read correctly; Richman said that Worcester said the commission had the opportunity to look at the question of additional employee generation by the project and then to apply the formula. Richman stated after review of past files the finding could be made in either direction for the addition of square and the addition of employees. Richman noted that the space for the total area of expansion was about 150 square feet; the configuration of the space was to add 3 strips to the restaurant area (2'x18', 2'x26' and 2½'x20')' to equal the 150 additional square foot. Richman said that if there was a 10 by 15 foot block space added then he coUld see how additional employees would be generated for tables but the spaces were an attempt to widen narrow spaces. The nature of the proposed expansion was to extend the Walls 2 feet to under the eaves; it was a matter of circulation for the restaurant. There were 2 seating plans for the proposed restaurant. Richman said that there was a piano bar in the restaurant with the same number of seats whether the 150 square feet were added or not. Richman explained that there was a 10-year lease with two 5-year options to renew, so this space will be a restaurant for quite sometime into the future; the lease does not allow a sublet with a different use. Richman suggested placing a condition that any change in use would require a review by the city to demonstrate if the 150 square feet have any impacts at that time. Richman stated that the cost of the employee mitigation-housing fee was $72,000. and the parking fee was $4500. The applicant had a construction budget and as the tenant of the property and not the owner who had no interest in building employee housing, it was unfair for the tenant to bear that cost. Richman mentioned that the In-fill Report was to add vitality in the downtown and this space had been vacant for 2 years. Richman said as a city this type of application should be welcomed because it brought vitality to the core; regulations have prevented success of businesses in the past. 2 ASPEN/PITKIN GROWTH MANAGEMENT COM~SSION MINUTES L APRIL 2, 2002 Bert Myrin asked what the dollar amount range was for the housing mitigation. Lindt replied that the low end was $57,751.63 and the high end was $86,627.44. Eric Cohen asked about the 2 different seating drawings. Jeffrey Halferty replied that there was a slight difference with the seating at the piano bar a little tighter. Halferty denoted space along one of the new proposed walls was for a large wine inventory storage as a decorative item. Steven Buettow asked the number of employees that would be used to service the area, larger and smaller. Parry replied that there would be about 4 or 5 and the kitchen would be shared with the Popcorn Wagon, so maybe 7 or 8 Part-time. Jasmine Tygre asked what the seating capacity was for the number of people eating or drinking in this restaurant. Parry replied that there would be 40 people and about 50 counting people eating at the bar: Paul Rudnick commented that he couldn't believe that there were 10 busy citizens donating their time to this community spending this much time and effort on a project with apparently minimal impacts. Rudnick said the offer by the applicant to review the housing mitigation if and when there was a change in use was a reasonable condition; he said that the commission sh0uldjust accept this application. Glen Daly, public, said that he supported the application because he has seen major changes in the Popcorn Wagon since Sue has been the owner. Daly said that the new restaurant would be viable and a major asset to the community. Discussion: Ohlson asked for clarification on change in use. Rudnick replied that a change in use would be when the space changed from a restaurant to something else. Tygre reiterated that change in use meant as defined in the land use code and shall be reviewed by the appropriate commission. Myrin said that with each variance approved, value is added to the landlord's pocket, if the landlord charged $72,000. less then the tenant would be able to do the mitigation for housing. Rudnick asked if the tenant not the landlord was building out the 150 square feet. Richman replied that was correct, it was the tenant's costs. Joe Krabacher stated that the space was vacant for 2 years, the landlord may not be getting top dollar for the space and the employee housing mitigation would add about $50. per square foot to the rent, which would be burdensome. Krabacher noted the exactions for the commercial core to house 60% of the employees plus parking. Krabacher said that he agreed with the affordable housing mitigation but in this case he would be in favor of waiving the housing mitigation fees. 3 ASPEN/PITKIN GROWTH MANAGEMENT COMMISSION MINUTES - APRIL 2, 2002 MOTION: Paul Rudnick moved to approve an exemption from the Growth Management Quota System for a 150 square foot expansion of the commercial restaurant use at 307 S. Mill Street without any employee housing mitigation at this time subject to re-review if and when there was a change in use demonstrating that this 150 square feet resulted in additional employee generation 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. (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 ff 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. Ron Erickson seconded. Roll call vote: Krabacher, yes; Haneman, yes; Howard, yes; Buettow, yes; Augello, yes; Erickson, yes; Martin, yes; Cohen, yes; Rudnick, yes; Tygre, no. APPROVED 9-1. Meeting adjourned at 5:00 p.m. City P&Z resumed their regular meeting. ~kie Lothian, D~puty City Clerk 4