HomeMy WebLinkAboutresolution.apz.024-04 08/10/2004 09:31~
SILVIIq oRrIs PITKIN COUNTY CO R 16,00 D 0.00
RESOLUTION NO. 24
(SERIES OF 2004)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION
APPROVING A cONDITIONAL USE AMENDMENT TO EXPAND'THE BLUE MAIZE
RESTAURANT AT 308 S. HUNTER ~'~E'~'LOTS A~C,' igLOCK'100, CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID#2737-182-25-002
WHEREAS, the Community Development Department received an application from
Thomas M. Colosi, requesting approval of a conditional use amendment to expand the Blue
Maize Restaurant at S~e~.~)nto .the adjacent office space containing
approximately 1,035 square feet; and,
WHEREAS, pursuant to Section 26.710.150 of the Land Use Code, the C-1
(Commercial) Zone District allows for restaurants as conditional uses; and,
WHEREAS, the restaurant preceding the Blue Maize Restaurant at 308 S. Hunter
received conditional use approval subject to Planning and Zoning Commission Resolution No.
39, Series of 1993; and,
WHEREAS, the Community Development Department reviewed the proposed Blue
Maize expansion and found it necessary to amend the previous conditional use approval; and,
WHEREAS, pursuant to Section 26.425 of the Land Use Code, the Aspen Planning
and Zoning Commission may approve, approve with conditions, or deny a conditional use
amendment request 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 agehcies; and,
WHEREAS, the Community Development Department reviewed the application for a
conditional use amendment and recommended approval, with conditions; and,
WHEREAS, during a duly noticed public hearing on July 6, 2004, the Planning and
Zoning Commission approved, by a seven to zero.(7-0) vote, a conditional use amendment
request to expand the existing Blue Maize Restaurant in the adjacent office space of
approximately 1,035 square feet at 308 S. Hunter Street, with the conditions contained herein;
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, the applicable referral agencies, and has taken and considered public comment at a
public hearing; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the existing Blue
Maize restaurant is a locally-oriented commercial use that is consistent with the purpose of the
Commercial (C-I) Zone District and that the conditional use granted herein is conditioned upon
the restaurant remaining a locally-oriented business; and,
SILVIA DAVIS PITKIN COUNTY CO R 16.00 D 0.00
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
conditional use amendment request to expand the existing Blue Maize Restaurant into the
adjacent office space at 308 S. Hunter Street is hereby approved subject to the following
conditions.
1. This conditional use approval establishes a base line operation for this commercial
space of 78 customer seats and 1,785 square feet. Any upgrade to service, e.g.
number of employees or seats, or a significant change to the hours of operation shall
constitute a change to the conditional use and shall require an amendment to this
approval.
2. The Environmental Health Department shall review and approve food preparation
plans and shall inspect the site prior to issuance of a certificate of occupancy for the
expanded restaurant. Any improvements required by the Environmental Health
Department shall be completed prior to issuance of a certificate of occupancy on the
expanded restaurant.
3. The expanded restaurant shall comply with all applicable building and accessibility
code requirement as determined by the Chief Building Official.
4. The Applicant shall enclose their dumpsters or replace with bear-proofdumpsters.
The Applicant shall obtain a temporary encroachment license from the'City of Aspen
Engineering Department for any equipment to be temporarily stored in the right-of-
way during construction.
6. Any new signage shall require a sign permit and shall meet the City of Aspen Sign
Regulations set forth in Land Use Code Section 26.510, signs.
An employee audit shall be conducted prior to building permit approval for the
restaurant expansion to determine the current staffing level of Blue Maize.
Additionally, an employee audit shall be conducted after two (2) years of operation in
the newly configured space. If after two (2) years of operation, a net increase of more
than eight (8) full-time employees over current staffing levels is identified, the
Applicant will then have the option of going back to the Planning and Zoning
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08/10/2004 08:31A
SILVIA DAVIS PITKIN COUNTY CO R 16.00 D 0.00
Commission to amend their conditional use approval or to provide employee-housing
mitigation in the form of a payment-in-lieu pursuant to the Aspen/Pitkin County
Housing Guidelines to remain in business. The auditor and documentation shall be
approved by the Housing Office but funded by the Applicant.
8. The Applicant shall install a grease interceptor or automated grease trap that meets the
approval of the Aspen Consolidated Sanitation District.
9. The Applicant shall not vent the new dishwasher on the north side of the .building if
venting is required.
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 Commission at its regular meeting on July 6, 2004.
APPROVED AS TO FORM:
City Attorney
PLANNING AND ZONING
COMMISSION:
Jasmine Tygre, Chair
ATTEST:
Uackie Lothian, Deputy C' y Clerk