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HomeMy WebLinkAboutresolution.apz.009-97 RESOLUTION OF THE. ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE FOR A RESTAURANT AT ASPEN MANOR LODGE LOCATED AT 411 SOUTH MONARCH, LOTS P, Q, R, & S, BLOCK 77, CITY OF ASPEN Resolution #97- WHEREAS, The Community Development Department received an application from Mr. Michael S. Egan, owner, for a Conditional Use Review for a Restaurant of approximately seventeen hundred and fifty (1750) square feet, and WHEREAS, Pursuant to Section 26.28.190 of the Aspen Municipal Code, restaurants are a Conditional'Use in the Lodge/Tourist Residential Zone District; and WHEREAS, Pursuant to Section 26.60 of the Aspen Municipal Code, conditional uses may be approved by the Planning and Zoning Commission in conformance with the requirements of said Section; and WHEREAS, the Housing Office, City Engineering, Parks Department and Community Development Department reviewed the proposal and recommended approval with conditions; and, WHEREAS, during a pUblic hearing at a regular meeting on April 1, 1997, the Planning and Zoning Commission approved by a 7-0 vote the Conditional Use for the restaurant with the conditions recommended by the Community Development Department as amended by the Commission during the public hearing. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Conditional Use for a seventeen hundred and fifty (1,750) square foot restaurant at the Aspen Manor Lodge, 411 South Monarch Street, is approved with the following conditions: io Before issuance of a certificate of occupancy, all City sidewalks adjacent to the parcel shall be repaired to their pre-construction condition, subject to approval by the City Engineering Department. A 5' wide buffer between the back of the curb and the sidewalk shall be provided in accordance with "The pedestrian Walkway and Bikeway System plan." Deference to existing trees shall be given over this 5' buffer requirement. . At least 15 parking spaces will be maintained on-site year-round without parked vehicles encroaching on any' public rights-of-way. Adequate snow storage areas, to accommodate all accumulated snow on-site, will be delineated on the final plat, unless the snow is to be . . , . . , · . 10. 11. 12. transported to an off-site location, in which case it will be noted on the final plat as the responsibility of the owner. The owner shall operate this conditional use in a manner as to minimize adverse effects including, but not limited to, maintaining all trash within .the enclosed area and maintaining the delivery area, and meter reading area, free from obstructions, including parked vehicles 'and snow storage. Any utility pedestals shall be located outside of any public right2of-way and shall include an access easement. Prior to the issuance of any building permits, a tree removal and mitigation plan shall be submitted for review and approval by the Parks Departmem. Tree removal permits shall be required for the removal or relocation of any tree greater than 6" in caliper. The large Spruce tree at the comer shall not be removed or damaged. Prior to issuance of any permits, the applicant shall submit an employee housing mitigation plan for 6.125 employees, subject to review and approval by the Housing Authority. Prior to issuance of a certificate of occupancy, the Planning Department and/or the Housing Authority shall inspect and approve any on-site employee unit(s) contributing to this requirement. The owner of said property, shall submit an audit to the Housing Authority after one year of restaurant operation. Prior to issuance of any permits, the applicant shall submit a drainage mitigation plan and report prepared by an engineer registered in Colorado that adequately addresses storm · runoff and does not allow drainage onto walkways. Prior to issuance of a certificate of occupancy, the Aspen Consolidated Sanitation District shall inspect plans for, and installation of, an oil and grease interceptor for the restaurant and an oil and sand interceptor for the garage. Prior to issuance of a building permit, the applicant shall provide a PM10 mitigation plan delineating how the reduction in the number of lodge units will offset any increase in PM~0 produced by the conditional use. Prior to issuance of a building permit, the applicant shall obtain a permit from the Environmental Health Department for any fireplaces or woodstoves that are proposed. Prior to issuance of a building permit, the applicant shall submit a fugitive dust control plan subject to approval by the Environmental Health Department. Prior to issuance of a building permit, the applicant shall have the building tested for asbestos. Any abatement measures necessary shall be performed by a certified asbestos removal firm. Prior to issuance of a building permit, the applicant shall submit plans and specifications concerning the restaurant operation subject to approval by the Environmental Health Department. 13. 14. 15. Prior to issuance of a certificate of occupancy, the owner shall record a final plat indicating the survey monuments at the Monarch Street comer of the property, and noting the nature of any deed restrictions. Prior to issuance of any permits, the applicant must obtain approval for a change in use from the Growth Management Commission. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on April 1, 1997. APPROVED AS TO FORM: City Attomey PLANNING AND ZONING COMMISSION: Sara Garton, Chair ATTEST: Jackie Lothian, Deputy City Clerk