HomeMy WebLinkAboutresolution.apz.017-97 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF A CONDITIONAL USE FOR A RESTAURANT AND
COMMERCIAL USE OF REQUIRED OPEN SPACE AT 601 EAST HOPKINS
AVENUE, LOTS A AND B, BLOCK 99, CITY OF ASPEN PARCEL NUMBER
2737-073-41-001, CITY OF ASPEN, COLORADO
Resolution #97 - I'7~
WHEREAS, The Community Development Department received an application
from Bass Cahn Properties, owner, for a Conditional Use Review for a Restaurant in Unit
1 and part of Unit 2b, and commercial use of required Open Space at 601 East Hopkins
Avenue, more particularly described as Lots A and B of Block 99, City of Aspen,
Colorado; and,
WHEREAS, Pursuant to Section 26.28.150 of the Aspen Municipal Code,
restaurants are a Conditional Use in the Commercial (C 1) 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, Pursuant to Section 26.04.100, required Open Space may be used
for commercial restaurant use if the Commission finds it complies with the requirements
of said Section; and,
WHEREAS, the Housing Office, Aspen Consolidated Sanitation District,
Environmental Health, the Engineering Department, and Community Development
Department reviewed the proposal and recommended approval with conditions; and,
WHEREAS, the public hearing was originally opened June 3, 1997, continued to
June 17, 1997, and continued to July 1, 1997; and,
WHEREAS, during a public hearing at a regular meeting on July 1, 1997, the
Planning and Zoning Commission approved by a 5-2 vote the Conditional Use for the
restaurant and commercial restaurant use of required Open Space with the conditions
recommended by the Community Development Department.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Conditional Use for a restaurant and commercial use of required open space at
601 East - Hopkins Avenue is approved, with the following conditions'
1. A commercial, locally-oriented restaurant may be operated in Unit 1 and a portion of Unit 2b
of 601 East Hopkins. Any expansion of restaurant use, expansion of net leasable square
footage, or change to a different use on this parcel is subject to review pursuant to all
applicable Municipal Code Sections, as amended. The owner shall operate this conditional
use in a manner as to minimize adverse effects including, but not limited to, utilizing, to the
extent possible, the alley for service, coordinating, to the extent possible, trash service
collection with properties along the alley, maintaining all trash within an enclosed area
outside of public rights-of-way, minimizing odors, and maintaining the delivery area and
meter reading area free from obstructions, including parked vehicles and snow storage.
2. Before issuance of a building permit, the Zoning Officer shall determine.the existing and
proposed net leasable square footage for the purpose of establishing the housing mitigation and
parking requirements. Additional employees generated shall be determined using the following
formula:
Existing net leasable x 3.5 employees per 1,000 square feet = Existing employees.
Proposed net leasable x 5.25 employees per 1,000 square feet = Proposed employees.
Proposed employees - Existing employees = Additional employees to be mitigated.
The Housing Authority considers restaurant employees to be Category 2. The applicant shall
mitigate for the additional Category 2 employees generated to the satisfaction of the Housing
Authority before issuance of a building permit. The Housing Authority shall inspect and
approve of any residential unit proposed for deed restricting in relation to this required
mitigation. The Housing Authority has expressed the preference for this mitigation to be: (1)
on-site; (2) off-site, including the buy-down option; and finally (3) via a cash-in-lieu payment.
3. Upon the complete termination of this conditional use, any deed restriction placed on a
property in relation to this conditional use may be removed. Any employee generation
mitigated via a payment-in-lieu shall not be refunded.
4. Required open space on the parcel may be used for seating in association with the indoor
restaurant. No other commercial use of this space shall occur. The owner shall maintain
adequate pedestrian and emergency access ways at all times. All applicable liquor license
regulations shall apply to the outdoor seating. Outdoor seating shall be delineated on the site
improvement survey.
5. The conditional use requires 1.5 on-site parking spaces per 1,000 square feet of net leasable,
any or all of which may be provide through a $15,000 per space payment-in-lieu. For the
purpose of providing fractional spaces, the applicant may either provide a full space on-site
or pay a corresponding fraction of the payment-in-lieu fee. Before issuance of a building
permit, the applicant shall delineate the required on-site parking spaces for units 1 and 2b of
the building on the site improvement survey and/or provide documentation of a cash-in-lieu
payment for any remaining spaces not provided on-site. For any on-site parking, the
applicant shall provide documentation on the right to use such spaces. On-Street parking
shall not be considered off-street parking.
6. Before issuance of a building permit the applicant shall obtain a letter of intent from the
Aspen Consolidated Sanitation District, the City Electrical Department, and the City Water
Department to serve the intended use, and shall pay any connection fees or additional service
upgrade charges.
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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.
Prior to issuance of a building permit, the applicant shall provide a PM~0 mitigation plan
offsetting 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.
10. Prior to issuance of a building permit, the applicant shall submit a fugitive dust control plan
subject to approval by the Environmental Health Department.
11. Any asbestos abatement measures necessary shall be performed by a certified asbestos removal
firm.
12. 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. Before issuance of a building permit, the applicant shall record this Planning and Zoning
Resolution with the County Clerk and Recorder.
14. 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 July 1, 1997.
APPROVED AS TO FORM:
Cit~~z~,
Attorney
PLANNING AND ZONING COMMISSION:
Sara Garton, Chair
ATTEST:
J~kie Lothian, Deputy City Clerk