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Home My WebLink Aboutagenda.apz.19940920 AGE N D A ASPEN PLANNING AND ZONING COMMISSION September 20, 1994, Tuesday ------------------------------------------------------------------ ------------------------------------------------------------------ 4:00 - 5:00 P.M. 2ND FLOOR MEETING ROOM, CITY HALL JOINT MEETING WITH COUNTY PLANNING AND ZONING COMMISSION GMQS CODE AMENDMENTS, CINDY HOUBEN (FULL P&Z) ================================================================= 5:00 - REGULAR MEETING 2ND FLOOR MEETING ROOM, CITY HALL I. COMMENTS commissioners Planning Staff Public II . MINUTES III. PUBLIC HEARINGS A. 610 W. Hallam Landmark Designation, Amy Amidon B. Aspen Youth Center SPA Amendment, Leslie Lamont C. MacCaskill Conditional Use Review for an Accessory Dwelling Unit, Kim Johnson D. San Serrano Conditional Use Review for a Restaurant in the C-1 Zone District, Kim Johnson IV. NEW BUSINESS A. Mountain Chalet GMQS Exemption for a Change in Use, Kim Johnson V. CONTINUED PUBLIC HEARINGS 1>. CreektreE. 3uba~vision/PUD Amendlllcilt, Mary Lackner fMt...;" (9 o~ p. II..1cl'enaence Place SPA Desl.gnat~on and Conceptual SPA Flafl, l.osli I:) T,~mont --r/<hU if {)u 1'( VI. ADJOURN MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Suzanne Wolff, Administrative Assistant RE: Upcoming Agendas DATE: September 20, 1994 Overlay Special Review - September 27 1120 Black Birch - Morrow 1245 Riverside Drive - Robinson Regular Meeting - October 4 709 W. Main Landmark Designation (AA) West End Traffic Update (Gish) Morrow Stream Margin Review (KJ) No Problem Joe Conditional Use Review for ADU (ML) KNFO-FM Conditional Use Review for Satellite Dish (KJ) Overlay Special Review - October 5 904 E. Cooper a . nex ` o , /(n D 1" PM 0 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Amy Amidon, Historic Preservation Officer RE: 610 W. Hallam Street, Iglehart, Landmark designation DATE: September 20, 1994 SUMMARY: The applicant requests landmark designation of the property at 610 W. Hallam Street. This Victorian struct-are was built in 1888. It has been listed on the "Inventory of historic Sites and Structures" since 1980, and was upgraded to a "contributing" status in the most recent inventory evaluation. ("Contributing" status means that the resource has maintained its historical or architec".ural integrity.) The applicant receivef' HPC approval for demolition of the rear lean-to on April 13, 1994. At that time, Staff recommended Landmark Designation for the property, an action which is now being pursued. APPLICANT: Jim and Sandy Iglehart, represented by Bill Poss and Associates. LOCATION: 610 W. Hallam Street, Lot P and Q less 7.5' of Lot P, Block 22, City and Townsite of Aspen. PROCEDURE FOR REVIEW: Landmark Designation is a three -step process, requiring recommendations from both HPC and P&Z (public hearings), and first and second reading of a Landmark Designation Ordinance by City Council. City Council holds a public hearing at second reading. LOCAL DESIGNATION STANDARDS: Section 24-7-702 of the Aspen Land Use Code defines the six standards for local Landmark Designation, requiring that the resource under consideration meet at least one of the following standards: A. Historical Importance: The structure or site is a principal or secondary structure or site commonly identified or associated with a person or an event of historical significance to the cultural, social or political history of Aspen, the State of Colorado of the United States. Response: This standard is not met. 1 3 B. Architectural Importance: The structure or site reflects an architectural style that is unique, distinct or of traditional Aspen character. Response: The house has had minor alterations, including demolition of the original porch, addition of a new porch on the rear lean-to and replacement of some original historic materials, however, the existing footprint of the house has been the same since at least 1904. The house retains its original one story, cross -gabled form as well as decorative features such as f ishscale shingles and a shallow -projecting bay window supported by scroll brackets. There is also still evidence that the house once had two entry doors off the porch, one which was the main entry and the other which entered the parlor and was used for special occasions only. C. Architectural Importance: The structure or site embodies the distinguishing characteristics of a significant or unique architectural type or specimen. Response: This standard is not met. D. Architectural Importance: The structure is a significant work of an architect whose individual work has influenced the character of Aspen. Response: The architect or builder is unknown. E. Neighborhood Character: The structure or site is a significant component of an historically significant neighborhood and the preservation of the structure or site is important for the maintenance of that neighborhood character. Response: There are a number of historic structures adjacent to and surrounding this site. Two structures in this area have recently been removed from the historic inventory because the integrity of the sites was severely diminished through excessive alterations. It is very important to the West End, as well as the rest of Aspen's neighborhoods, that all structures which do have historic significance be preserved. F. Community Character: The structure or site is critical to the preservation of the character of the Aspen community because of its relationship in terms of size, location and architectural similarity to other structures or sites of historical or architectural importance. E 610 W. Hallam Response: This site is representative of the modest scale, style and character of homes constructed during the mining era, this community's primary period of historic significance. Recommendation: Staff and HPC recommend P&Z approve Landmark Designation of Lots P and Q less 7.5' of Lot P, Block 22, City and Townsite of Aspen, finding that standards B (architectural importance), E (neighborhood character) and F (community character) are met. Additional Comments: 3 County of Pitkin } AFFIDAVIT OF NOTICE BY } Ss. POSTING OF A PUBLIC HEARING State of Colorado } FOR A PITRIN COUNTY DEVELOPMENT PERMIT The undersigned, being first duly sworn, deposes and says as follows: I, being- or representing an Applicant for a Pitkin County Development Permit, personally certify that the attached photograph fairly and accurately represents the sign posted as notice of the public hearing on this matter in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the sign was posted and visible continuously from the ^ day of 4W T , , 1994 to the _ Q day of � �i� � (Must be posted for at least 15 days before the public hearing). a -1 Applicant's Signature Subscribed and sworn to efore me this da of - , 19`; by -1� a �n 4 ( . WITNESS MY HAND AND OFFICIAL SEAL. (Attach photograph here) My commission expires: Notary Public's Signature Address yV,,-t"VV MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Deputy Director DATE: September 20, 1994 RE: Aspen Youth Center - Specially Planned Area Final Development Plan Amendment SUMMARY: The Aspen Youth Center Board (the Board) requests to amend the final SPA plan that was approved for the development of the Youth Center (Center). The Board requests to expand the permitted uses in the building beyond only youth oriented activities. APPLICANT: Aspen Youth Center, Board of Directors, as represented by Perry Harvey LOCATION: Rio Grande Property ZONING: Public with a Specially Planned Area (SPA) Overlay APPLICANT'S REQUEST: To amend the SPA approval to expand the use of the building beyond youth oriented activities, please see attached request, exhibit A. REFERRAL COMMENTS: Please see attached referral comments from the City Attorney, County Manager, and the Recreation Department, exhibit B. STAFF COMMENTS: Pursuant to Section 24-7-804 E.2. - modifications to the final development plan shall be approved pursuant to the terms and procedures of the final development plan, provided that the proposed change is consistent with or an enhancement of the approved final development plan. If the proposed change is not consistent with the approved final development plan, the amendment shall be subject to both conceptual and final development plan review and approval. Staff finds that the proposed amendment is consistent with the approved final development plan. However, due to the representations made during the SPA review in 1990, the proposed amendments are not insubstantial in nature therefore a full two- step review by the Commission and City Council is required. A. Background - The Youth Center received conceptual and final SPA approval in 1990 for the development of a center for youth oriented activities on the Rio Grande property, The Rio Grande property is zoned public with a SPA overlay whicl', required a four step review process of the development proposal. During the review, proponents of the Youth Center presented a development proposal for a building that would serve as a focal point for activities of the residential and visiting youth of the community. During the review, suggestions were made by staff, Commission members, and Council members to enlarge the scope of activities offered in the center. The applicants consistently responded that the building was intended only for the youth and their activities and to permit other uses would compromise their goals for the center. Final approval of the Youth Center also included a full restaurant - style kitchen with approximately 6 tables, waiver of housing mitigation, GMQS exemption for an essential public service, and a subsequent lease with the City/County to occupy public land. The lease agreement with the City clearly states that the Youth Center Board is presented from leasing the building in excess of two weeks to any other person, company, corporation or organization without the consent of the City. The Center has been open for approximately 3 years. Within that time the Board has experimented with a variety of uses and not all the activities have been youth oriented. However, due to the representations made by the applicants during the initial review process, it has been the City's policy to discourage uses in the building on a long term basis unless it is a program for Youth. B. Amendment - The applicants now request to amend the SPA approval and the lease with the City to permit a more broad range of activities in the building. The Center has functioned well in the summer for the Youth but most activities take place away from the Center and the Center functions primarily as a staging and meeting place for outside events. The rest of the year the Center is used very little. This summer the kitchen was in full operation, which is the first real use of the kitchen since the Center has opened. But the kitchen was to maintain the same hours as the Center, will close at the end of September, and employed youth. The kitchen, operating as a restaurant, also served as an accessory use to the activities on the Rio Grande playing field much like the Dugout at Iselin Park. In their request, the applicants propose a tiered use of the Center for community recreational, educational and social events. As the application states, "the first priority is, and will remain, programming for and use by the youth of the Aspen community." When the Center is not being used or has not been programmed for youth activities the Board would like to open up the use of the building for other entities and programs. The Broad would like to K I allow for a wide range of community -oriented programs and have the ability to generate revenue from these uses to defray operating and maintenance costs associated with the facility. For example, the third floor could be used for dance classes, art classes, judo and other similar classes. During the summer months, the applicants propose to lease the kitchen to an operator that will employ youth, provide box lunches for outings that are organized by the Youth Center and serve walk- ins particularly people using the Rio Grande playing field. During the rest of the year, the kitchen will only be available for limited uses such as cooking classes, an accessory use to other activities using the Center, or for private functions. C. Staff Response - The property that the Youth Center occupies is owned by the both the City and the County. The City and County are in the process of finalizing a land exchange which will result in the City owning all the property under the YOuth Center. However, both the BOCC and the Council have consented to the submittal of this application. The County has consented to the expansion of uses in the Center provided the activities are of a public nature such as sponsored by organizations established as 501(c)3 non -profits. The property is zoned public. Please see the permitted and conditional uses in the public zoned, exhibit C. The proposed activities in the Center, that are more "community center" oriented are consistent with the intent of the public zone district and allowed uses. It is very important that the new proposed uses in the Center are of a public nature. It is imperative that recreation classes, for example, have a fee structure similar, if not equal, to those that are offered by the City Recreation Department and/or CMC. Due to the competitive nature established by the Growth Management System and the exactions that are paid by for profit entities, activities that are also offered by private athletic clubs cannot use the Center with similar or slightly lower fees than the private clubs. Of note are the referral comments from the Recreation Department. The Recreation Department may be able to orchestrate some activities out of the Center, but since most of the City sponsored recreation programs are already subsidized paying rent would pose a burden. Because the City and County lease the publically owned property for a nominal amount staff would recommend that the City should not have to pay to use the building. The use of the kitchen as a concession stand in the summer should be operated similar to the Recreation Department's operation of the concession stand at Iselin Park. This would include a price structures and hours of operation that are clearly identified. A restaurant is not a permitted or conditional use in the Public zone 2. The City and County shall not be required to pay rent for the use of the building. 3. The lease for the concessionaire shall be structured pursuant to the lease used by the City. 4. These conditions of approval and the amendment to the SPA approval shall be reflected in an amended lease between the City/County and the Youth Center. EXHIBITS A. Applicant's Request B. Referral Comments C. Permitted & Conditional Uses Public Zone D. Public Notice 4 �O The use of the kitchen as a concession stand in the summer should be in -line with the operation of the Recreation Department's operation of the concession stand at Iselin Park. A restaurant is not a permitted or conditional use in the Public zone district. However, accessory uses are allowed and if the kitchen operated as an accessory use to the activities of the Center and the Rio Grande park then staff would find this appropriate. RECOMMENDATION: Staff recommends approval of the amendment to the Youth Center final SPA approval with the following conditions: 1. All activities shall be of a public nature and/or sponsored by a 501(c)3 organization. 3 2. The City and County shall not be required to pay rent for the use of the building. 3. The lease for the concessionaire shall be structured pursuant to the lease used by the City. 4. These conditions of approval and the amendment to the SPA approval shall be reflected in an amended lease between the City/County and the Youth Center. EXHIBITS A. Applicant's Request B. Referral Comments C. Permitted & Conditional Uses Public Zone D. Public Notice 4 County of Pitkin } AFFIDAVIT OF NOTICE BY } ss. POSTING OF A PUBLIC HEARING State of Colorado } FOR A PITRIN COUNTY DEVELOPMENT PERMIT The undersigned, being first duly sworn, deposes and says as follows: being or representing. an Applicant for a Pitkin County Development Permit, personally certify that the attached photograph fairly and accurately represents the sign posted as notice of the public hearing on this matter in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the sign was posted and visible continuously from the day 19� to the �� day of 19± fmllct- hp hosted for at least 15 days before the public hearing) . PUBLIC NOTICE DATE a,-,,,,,,., TIME y.3a P"-" PLACE%-iry /07« PURPOSE ,'v3z- �A :yPn.Do v rG� pli 's glgnaVdire Subscribed and sworn to before m this da of 31' � 19 by WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: -11 Q�� /Ck Notary public's Signature Address County of Pitkin AFFIDAVIT OF NOTICE BY SS. MAILING OF A PUBLIC HEARING State of Colorado FOR A PITKIN COUNTY DEVELOPMENT PERMIT The undersigned, being first duly sworn, deposes and says as follows: I, � Yrend/incAer- being or representing an Applicant for a Pitkin County Develop- ment Permit, personally certify that the mailing of notice of a public hearing on this matter was sent by U.S. Postal Service on the2n�-day of 19 to any federal agency, state, county or municipal government service district or quasi governmental agency that owns property within 300 feet of the subject property and to all other landowners within 300 feet of the subject property. licant's Si ature Subscribed and sworn to before me this �� ay of '� 19 by��C��`� WITNESS MY HAND AND OFFICIAL SEAL My commission e ires: Notary ublic's Signature �- O .S �,R L-� (.:, -�)( (,;;2(- 2 Address TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Deputy Director DATE: September 20, 1994 RE: Aspen Youth Center - Specially Planned Area Final Development Plan Amendment SUMMARY: The Aspen Youth Center Board (the Board) requests to amend the final SPA plan that was approved for the development of the Youth Center (Center). The Board requests to expand the permitted uses in the building beyond only youth oriented activities. APPLICANT: Aspen Youth Center, Board of Directors, as represented by Perry Harvey LOCATION: Rio Grande Property ZONING: Public with a Specially Planned Area (SPA) Overlay APPLICANT'S REQUEST: To amend the SPA approval to expand the use of the building beyond youth oriented activities, please see attached request, exhibit A. REFERRAL COMMENTS: Please see attached referral comments from the City Attorney, County Manager, and the Recreation Department, exhibit B. STAFF COMMENTS: Pursuant to Section 24-7-804 E.2. - modifications to the final development plan shall be approved pursuant to the terms and procedures of the final development plan, provided that the proposed change is consistent with or an enhancement of the approved final development plan. If the proposed change is not consistent with the approved final development plan, the amendment shall be subject to both conceptual and final development plan review and approval. Staff finds that the proposed amendment is consistent with the approved final development plan. However, due to the representations made during the SPA review in 1990, the proposed amendments are not insubstantial in nature therefore a full two- step review by the Commission and City Council is required. A. Background - The Youth Center received conceptual and final SPA approval in 1990 for the development of a center for youth oriented activities on the Rio Grande property. The Rio Grande property is zoned public with a SPA overlay which required a four step review process of the development proposal. During the review, proponents of the Youth Center presented a development proposal for a building that would serve as a focal point for activities of the residential and visiting youth of the community. During the review, suggestions were made by staff, Commission members, and Council members to enlarge the scope of activities offered in the center. The applicants consistently responded that the building was intended only for the youth and their activities and to permit other uses would compromise their goals for the center. Final approval of the Youth Center also included a full restaurant - style kitchen with approximately 6 tables, waiver of housing mitigation, GMQS exemption for an essential public service, and a subsequent lease with the City/County to occupy public land. The lease agreement with the City clearly states that the Youth Center Board is presented from leasing the building in excess of two weeks to any other person, company, corporation or organization without the consent of the City. The Center has been open for approximately 3 years. Within that time the Board has experimented with a variety of uses and not all the activities have been youth oriented. However, due to the representations made by the applicants during the initial review process, it has been the City's policy to discourage uses in the building on a long term basis unless it is a program for Youth. B. Amendment - The applicants now request to amend the SPA approval and the lease with the City to permit a more broad range of activities in the building. The Center has functioned well in the summer for the Youth but most activities take place away from the Center and the Center functions primarily as a staging and meeting place for outside events. The rest of the year the Center is used very little. This summer the kitchen was in full operation, which is the first real use of the kitchen since the Center has opened. But the kitchen was to maintain the same hours as the Center, will close at the end of September, and employed youth. The kitchen, operating as a restaurant, also served as an accessory use to the activities on the Rio Grande playing field much like the Dugout at Iselin Park. In their request, the applicants propose a tiered use of the Center for community recreational, educational and social events. As the application states, "the first priority is, and will remain, programming for and use by the youth of the Aspen community." When the Center is not being used or has not been programmed for youth activities the Board would like to open up the use of the building for other entities and programs. The Broad would like to 9 allow for a wide range of community -oriented programs and have the ability to generate revenue from these uses to defray operating and maintenance costs associated with the facility. For example, the third floor could be used for dance classes, art classes, judo and other similar classes. During the summer months, the applicants propose to lease the kitchen to an operator that will employ youth, provide box lunches for outings that are organized by the Youth Center and serve walk- ins particularly people using the Rio Grande playing field. During the rest of the year, the kitchen will only be available for limited uses such as cooking classes, an accessory use to other activities using the Center, or for private functions. C. Staff Response - The property that the Youth Center occupies is owned by the both the City and the County. The City and County are in the process of finalizing a land exchange which will result in the City owning all the property under the Youth Center. However, both the BOCC and the Council have consented to the submittal of this application. The County has consented to the expansion of uses in the Center provided the activities are of a public nature such as sponsored by organizations established as 501(c)3 non -profits. The property is zoned public. Please see the permitted and conditional uses in the public zoned, exhibit C. The proposed activities in the Center, that are more "community center" oriented are consistent with the intent of the public zone district and allowed uses. It is very important that the new proposed uses in the Center are of a public nature. It is imperative that recreation classes, for example, have a fee structure similar, if not equal, to those that are offered by the City Recreation Department and/or CMC. Due to the competitive nature established by the Growth Management System and the exactions that are paid by for profit entities, activities that are also offered by private athletic clubs cannot use the Center with similar or slightly lower fees than the private clubs. Of note are the referral comments from the Recreation Department. The Recreation Department may be able to orchestrate some activities out of the Center, but since most of the City sponsored recreation programs are already subsidized paying rent would pose a burden. Because the City and County lease the publically owned property for a nominal amount staff would recommend that the City should not have to pay to use the building. The use of the kitchen as a concession stand in the summer should be operated similar to the Recreation Department's operation of the concession stand at Iselin Park. This would include a price structures and hours of operation that are clearly identified. A restaurant is not a permitted or conditional use in the Public zone ki Rl 2. The City and County shall not be required to pay rent for the use of the building. 3. The lease for the concessionaire shall be structured pursuant to the lease used by the City. 4. These conditions of approval and the amendment to the SPA approval shall be reflected in an amended lease between the City/County and the Youth Center. EXHIBITS A. Applicant's Request B. Referral Comments C. Permitted & Conditional Uses Public Zone D. Public Notice 4 EXHIBIT A EN YOUTH CENTER REQUEST FOR S.P.A. AMENDMENT JULY 133 1994 CONTACT: PERRY HARVEY 514 E. HYMAN AVE. ASPEN, CO, 81611 (303) 925-7000 ASPEN YOUTH CENTER SUBSTANTIAL SPA AMENDMENT TABLE OF CONTENTS PAGE I. INTRODUCTION 1 II. BACKGROUND 2 III. CURRENT STATUS 3 IV. REQUESTS 4 V. FORMAL REQUESTS 6 VI. ATTACHMENTS 7 I. INTRODUCTION In accordance with Article 7-804 (E), Amendment to Final Development Plan, the Board of Directors of the Aspen Youth Center is submitting this request for an amendment to the SPA approvals granted by Ordinance 27, series of 1990. In connection with the successful granting of the Amendment, the Board is requesting an amendment to the ground lease entered into on January 24, 1992 between the City of Aspen, the Board of County Commissioners and the Youth Center. The request is for a change in use to expand the uses of the physical building housing the Youth Center. The building is an underutilized community asset. Currently, the use is "exclusively for the purpose of establishing and thereafter maintaining a meeting place for the youth of Aspen and surrounding areas." The Youth Center Board would like to change the approval language to allow for the use of the facility by other community groups when it is not in use by the youth of the Roaring Fork Valley. While the emphasis is, and will remain, on the youth of the Valley, the physical facility remains underutilized and should be made available to other groups (Colorado Mountain College and City of Aspen Recreation Department, for example). The formal requests are delineated herein. 11. BACKGROUND In 1988, an Advisory Board was created to pursue the creation of a center for Aspen youth to hold events and to meet with other valley youth and visitors to the Aspen area. The result of the Advisory Board's efforts was a rezoning of the site of the existing Youth Center building from Public to Public with an SPA overlay. In 1990 full SPA approval of the project and GMQS Exemption for Essential Public Services were granted. Construction was completed in October 1991 and the Youth Center opened to serve the youth community of Aspen. The physical improvements consist of an upper level space which is open and is used for dances and large gatherings. The middle floor has offices, a television room, and a game room. The lower level, on grade with the Rio Grande playing field, consists of restaurant seating and a full kitchen. III. CURRENT STATUS The Youth Center is now almost three years old. The current Board has had the opportunity to analyze the utilization of the facility, the financial strength and the annual income and expense needs. The Youth Center building is a great community asset. It is centrally located, is adjacent to a large amount of open space, an extensive trail system and both parking and public transportation. The youth that the facility serves have active and committed schedules. During the school year, little or no activity takes place at the Center before 3 or 4 p.m. In the late afternoons and evenings during much of the week, there is also availability of the facility. The Summer sees more usage, but many of the activities organized for youth take place away from the Center. The Center is used for staging and meeting for outside events. Since the Center opened, there have been fundamental changes in Aspen. The Community Center on the site of the old hospital has been razed to make way for housing. The two school buildings in the West End have been undergoing renovation while future uses have been debated at length. Colorado Mountain College (CIVIC) programming has expanded greatly, requiring a constant search for new venues for programs for youth and adults alike. These changed circumstances, among others, have created a demand for space for many programs from painting classes to aerobics. Because of the extremely narrow uses allowed for the building, the Center sits empty much of the time. This is both wasting an important community asset and causing undue financial strain on the Center and those who are responsible for the facility. 3 IV. REQUESTS The request herein is to allow for a tiered use of the Youth Center facility for community recreational, educational and social events. The first priority is, and shall remain, programming for and use by the youth of the Aspen community. When the facility is not in use for programs organized by the Center and the Youth Board, it can be available for programs by other entities, such as the City Recreation Department or CMC. The Youth Center wants the latitude and freedom to allow for a wide range of community -oriented uses to maximize use of the facility and to generate revenue from these uses to defray operating and maintenance costs inherent in the facility. The Youth Center Board currently raises funds throughout the year to maintain the facility and expand the youth programming. For certain programs we charge a minimum fee to cover transportation or other specific costs. By using the facility more fully we can create some funds to cover some building and operating costs. This will allow us to use a larger portion of our fund raising proceeds to create additional youth programming. The Youth Center is zoned Public (PUB) with a SPA overlay. The purpose of PUB is "to provide for the development of governmental and quasi -governmental facilities for cultural, educational, civic and other governmental purposes." Among the permitted uses is "community recreational facility." Thus, allowing for additional use of the facility when it is not used for youth programs is entirely within the purpose and permitted uses of the Public Zone District. Pursuant to Section 8-104 C.(b), the City exempted the Youth Center from GMQS as an essential public facility. This exemption was granted because the Youth Center "provides facilities in response to the demands for growth, is not itself a growth generator, is available for use by the general public, and serves the needs of the City." Allowing for a broader use of the facility by the general public will fill the void created by the removal of the Community Center and is in response to the demands for added venues from groups such as the City Recreation Department and CMC. The requests herein shall not create any additional impacts in the following areas: employee generation, impacts on City services, the demand for parking, road and transit services, or on the need for basic services such as water, sewage treatment, drainage control, fire and police protection and solid waste disposal. The facility has been approved and it has been found that the 4 �u - impacts are negligible. This request is not for any expansion of the facility. It is merely a request to use the building to the degree that was assumed and anticipated at the time of the granting of the original approval. Additionally, this request is in keeping with the original intent of the Rio Grande SPA which is for community recreation facilities and for public and quasi -public uses on the site. Because the facility has a great deal of vacant time when operating costs continue, allowing use of the building will serve a community need and provide a minimal but much -needed supplement to the ongoing struggle to raise operating funds. Granting the requested changes will result in no change in the uses in the building but merely an expansion of the range of users. The top floor dance and meeting area will be available for dance classes, art classes, group events and other such meetings. The middle floor of the Center will remain essentially the same. The kitchen will be leased to an operator conditioned upon use restrictions and requirements of the Youth Center. The eating and serving area will be used in the summer months of June through September as an accessory use to the Rio Grande playing fields. Also, the kitchen will provide box lunches for outings such as raft trips, hikes and bike trips being run by the Youth Center. Youth of the area will be employed to prepare and serve food, gaining job experience. Food and beverages will be available to participants and spectators at the various sporting events held on the Rio Grande playing fields. , The food service will not be advertised to the general public and will be operated in a fashion not unlike the Dugout at the City playing fields and Moore pool. During the remaining months of the year, the dining area will not be available for use on a regular basis and will not be open to the public for sit down dining. Rather it will be used for cooking classes, as an accessory to the youth using the Center, or for private functions in connection with the use of the facility itself, such as the end of the season hockey banquets. 5 \1 V. FORMAL REQUESTS Formal request is made for: 1. Approval to allow for a tiered use of the Center facility to make the building available when not used for youth programs offered in the community which are open to the general public. Rental rates shall be set to cover operating, administrative, maintenance and repair requirements. 2. A finding that the lease agreement shall be amended where necessary to reflect the additional uses, including the right to sublet to other groups or organizations for specific times. 3. A clarification of the restaurant and kitchen use to allow for Summer use as an accessory use to Rio Grande playing fields and for use the rest of the year not as a public restaurant but in connection with classes, private events and the youth using the Center. Upon granting of this request, the Board will cooperate with the Planning Department to prepare an SPA Agreement outlining the uses and intents of the Youth Center. Further, an amendment to the lease will be prepared for execution by the parties involved. C ��v VI. ATTACHMENTS 1. . Letter of Authorization from Aspen Youth Center. 2. - Suggested language changes in Lease. 7 July 8, 1994 Ms. Leslie Lamont Planning Department City of Aspen 130 South Galena Aspen, CO 81611 Dear Leslie: The Board of Directors of Perry Harvey to submit an further, he is authorized Sincerely, Sue Smedstad President Board of Directors /ss _-A S P E,N the Aspen Youth application for to speak on our Center has authorized change in use and, behalf. •ASPEN•Y0UTH•CENTER Post Office Box 8266 • Aspen, Colorado 81612 a 303.925.7091 LEASE AGREEMENT 6. Use of Leased Premises. (a) The Leased Premises shall be used exclusively by Lessee for the purpose of establishing and thereafter maintaining a meeting place for the youth of the City of Aspen and surrounding areas that is free of illegal drugs, non-medicinalalcohol:,and : ..... f n r di g ....:::: tobacco products :a d...'p......:......::..::::::.:: p.:.::.:............................,.........:::.:::::::::::::.::::.::.: (e) Lessee shall not sell, convey, transfer, pledge, surrender or otherwise encumber or dispose of this Lease, the Youth Center building, or any interest or estate created herein, except that Lessee shall have the right to pledge or otherwise encumber the Youth Center building in an amount not to exceed two hundred fifty thousand dollars ($250,000.00); provided, however, that any such encumbrance is made only after thirty (30) days prior written notice to the City and County; and, provided further, that any such encumbrance is made subservient and secondary to the City and County's interests in the Youth Center building as set forth in this Lease. (h) Lessee shall net permit any ether persen, persensr 19. Events of Default befined. (e) Lessee's interest in this Lease or any part hereof is assigned or transferred ..t ...n�xixu without the written consent of the Lessors, except as provided herein, either voluntarily or by operation of law or otherwise, or, 1 C:\WP5I\AYC\LEME.AGR MEMORANDUM THE CITY OF ASPEN CITY ATTORNEYS OFFICE TO: Leslie Lamont FROM: John P. Worcester DATE: August 2, 1994 RE: Youth Center Lease Just a few notes on the Youth Center's request to change their use... The lease with the City states that: The Leased Premises shall be used exclusively by Lessee for the purpose of establishing and thereafter maintaining a meeting place for youth of the City of Aspen and surrounding areas that is free of illegal drugs, non - medicinal alcohol, and tobacco products. It also states that: Lessee shall not permit any other person, persons, company, corporation, or organization to occupy or use the Leased Premises for a eriod of time in excess of two (2) weeks without the express written consent of the City and County. Clearly to accomplish their new "mission" they will need to have their lease agreement amended. I don't forsee a problem with Council allowing the amendment but want to make sure Council gets to review any proposed amendment as part of their application. Thanks. 1 17.11"- MEMORANDUM To: Leslie Lamont, Planning Dept. From: Tim Anderson, Recreation Dept. Date: July 26, 1994 Re: Youth Center SPA The only question that comes to mind with this is the concession idea to Rio Grande. In order to make the cafe a concession stand to Rio Grande does the city and more specifically the Recreation Dept. have to be involved in this or can the youth center open a concession stand to serve Rio Grande park? The youth center makes mention of the youth center becoming a community asset for all user groups with some sort of rental rates. This probably does not matter to you, but we would not utilize the youth center if we had to pay for the facility since most of our programs are subsidized and there are no monies to pay for facility rental. Take this for what you think it will be worth. Other than these two thoughts I think it would be great to expand that facility to allow the rest of the community to utilize it. Z"27 11 RECEIVED JUL 20 1CrN City MaR:ger/AQayor's Office 61 Pitkin County DISTRIBUTED TO: July 27, 1994 AUG 1 7 iG"94 Response By: Mayor Bennett and Council Members By Date: City of Aspen 130 S . Galena --- - - Aspen, CO 81611 Dear Mayor Bennett and Council Members: Pitkin County is aware of the application being made by the Aspen Youth Center Board of Directors for a substantial amendment to the SPA for the Youth Center. The County understands the Youth Center is seeking to expand the uses of the building beyond only youth oriented activities in order to maximize the use of this community facility. The County concurs with such an expansion so long as the included activities are of a public nature, e.g. sponsored by organizations established under 501(c)3. The County is aware that the Youth Center Board also wishes to amend the ground lease to reflect the final action on the application. The letter will serve as our permission as land owner for the Youth Center Board to process the application, with the County reserving eth right to review any final approvals. SinW ; h Reid Haughey County Manager cc: Perry Harvey, Aspen Youth Center Board pcsemlwp/7.135 Administration 530 E. Main, 3rd Floor Aspen, CO 81611 (303) 920-5200 FAX 920--5198- printed on recycled paper County Commissioners Suite B 506 E. Main Street Aspen, CO 81611 (303) 920-5150 County Attorney Suite 1 530 E. Main Street Aspen, CO 81611 (303) 920-5190 Personnel and Finance Suite F 530 E. Main Street Aspen, CO 81611 (303) 920-52-20 4 tlf an'Zt, icej /Z� _� _71h 1 Transportati Facilities 76 Service Center Road Aspen, CO 81611 (303) 920-5390 �'4 EXHIBIT C § 5.219 ASPEN CODE E. Off-street parking requirement The following off-street parking spaces shall be pro- vided for each use in the Park (P) zone district subject to the provisions of Article 5, Division 3. 1. Lodge use: 1 space/bedroom 2. Residential use: N/A 3. All other uses: Requires special review pursuant to Article 7, Division 4. Sec. 5-220. Public (PUB). A. Purpose. The purpose of the Public (PUB) zone district is to provide for the develop- ment of governmental and quasi -governmental facilities for cultural, educational, civic and other governmental purposes. B. Permitted uses. The following uses are permitted as of right in the Public (PUB) zone district. 1. Library; 2. Museum; 3. Post office; 4. Hospital; 5. Essential governmental and public utility uses, facilities, services and buildings (excluding maintenance shops); 6. Performing art center; 7. Public transportation stop; 8. Terminal building, and transportation related facilities; 9. Public surface and underground parking areas; 10. Community recreation facility; 11. Fire station; 12. Public school; 13. Public park; and 14. Accessory buildings and uses. C. Conditional uses. The following uses are permitted as conditional uses in the Public (PUB) zone district, subject to the standards and procedures established in Article 7, Division 3. 1. Maintenance shop; 2. Affordable housing, and _ �f 3. Satellite dish antennae. • i�bov�� S �'t-0." D. Dimenhional requirements. The dimensional requirements which shall apply to all permitted conditional uses in the Public (PUB) zone district shall be set by the adoption of a Supp. No. 1 - 1652.10 EXHIBIT D PUBLIC NOTICE RE: ASPEN YOUTH CENTER FINAL SPECIALLY PLANNED AREA AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 20, 1994 at a meeting to begin at 4:30 pm before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, City Hall, 130 S. Galena, Aspen, CO to consider an application submitted by the Aspen Youth Center, P.O. Box 8266, Aspen, CO requesting approval to amend the SPA Development Plan to allow community groups to rent the facility when it is not in use for youth programming and to allow summer use of the kitchen as an accessory use to the Rio Grande playing fields. The property is located on the Rio Grande property between the parking garage and the Pitkin County Jail. For further information, contact Leslie Lamont at the Aspen/Pitkin Planning Office, 130 S. Galena, Aspen, CO 920-5100 s/John Bennett, Mayor Aspen City Council Published in the Aspen Times on September 2, 1994 City of Aspen Account �b MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: MacCaskill Conditional Use for an Attached Accessory Dwelling Unit - Public Hearing DATE: September 20. 1994 SUMMARY: The Planning Office recommends approval of the MacCaskill Conditional Use for a 372 s.f. above -grade studio accessory dwelling unit to be created within a new residence with conditions. APPLICANT: Paul MacCaskill represented by Richard Wax LOCATION: 610 Cemetery Lane (Lot 3 Castle Creek Subdivision) ZONING: R-30 APPLICANT'S REQUEST: The applicant requests Conditional Use for the construction of an above -grade studio accessory dwelling unit within a proposed 5,800 s.f. residence in accordance with Ordinance 1 requirements. The 80,200 s.f. site is now vacant after the demolition of a single family dwelling. The ADU will be adjacent to the garage and will not have internal access to the principal home. Because the ADU is 100% above grade the applicant is eligible for an FAR bonus for the property. The applicant has submitted floor plan, elevation, and site drawings for the proposed ADU. See Exhibit "A". PROCESS: The Planning Commission shall make a determination on the Conditional Use for the accessory dwelling unit. This new residence is exempt from special review for the FAR overlay because it falls under the 85% FAR limit once the ADU area is credited from the total. Maximum FAR for this parcel is 6,662 s.f. 85% of this figure is 5,663. The home is roughly 5,800 s.f. with an exemption of one-half the size of the ADU (186 s.f.) for a net FAR of 5,614 s.f. REFERRAL COMMENTS: Housing: The proposed unit must meet the requirements of Section 24-5-510 of the Aspen Municipal Code. It shall be between 300 and 700 square feet of net livable area, deed restricted to resident occupancy, and have minimum lease periods of 6 months. The deed restriction shall be approved by the Housing Office, recorded with the County Clerk, and proof of recordation forwarded to the Housing Office prior to issuance of any building permits for the site. The kitchen must meet the requirements established in the 1994 Housing Guidelines. Engineering: Any increase in historic storm run-off must be maintained on -site. The drainage may not be discharged down the bank to Castle Creek. Prior to the issuance of the Certificate of Occupancy, the applicant must sign a sidewalk, curb and gutter agreement and provide the recording fees. The applicant shall consult the City Engineer and Parks Department and shall obtain permits from the Streets Department for any work or development including landscaping within the public right-of-way. STAFF COMMENTS: The Commission has the authority to review and approve development applications for conditional uses pursuant to the standards of Section 7-304: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located. RESPONSE: This proposed unit will allow the property to house local employees in a residential area, which complies with the zoning and Aspen Area Comprehensive Plan. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. RESPONSE: The accessory dwelling is compatible with the principal dwelling and other single family and duplex residential uses in the surrounding neighborhood. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. RESPONSE: A parking space is not required by code for a studio accessory unit. Parking is not considered critical because of the parcel's location on the Cemetery Lane bus route. The unit will not be visible as a separate dwelling. There are not other anticipated impacts associated with this ADU. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. 2 RESPONSE: All public facilities are already in place for the previously demolished home and neighborhood. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. RESPONSE: The unit will comply with kitchen requirements of the Housing Guidelines. The applicant must file appropriate deed restrictions for resident occupancy, including 6 month minimum leases. Proof of recordation must be forwarded to the Planning Office and Housing Office prior to issuance of any building permits. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. RESPONSE: If approved with the conditions recommended by staff, this use complies with the Aspen Area Comprehensive Plan for provision of sound, livable affordable housing units. STAFF RECOMMENDATION: Planning recommends approval of the MacCaskill Conditional Use for a 372 s.f. above grade accessory dwelling unit with the following conditions: 1. The owner shall submit the appropriate deed restriction to the Aspen/Pitkin County Housing Office for approval. The accessory dwelling unit shall be deed restricted to resident occupancy with minimum 6 month leases. Upon approval by the Housing Office, the Owner shall record the deed restriction with the Pitkin County Clerk and Recorder's Office. 2. Prior to issuance of any building permits, a copy of the recorded deed restriction for the accessory dwelling unit must be forwarded to the Planning Office. 3. The unit shall comply with the kitchen requirements contained in the Housing Guidelines. 4. The ADU shall be clearly identified as a separate dwelling unit on Building Permit plans and shall comply with U.B.C. Chapter 35 sound attenuation requirements. 5. Any increase in historic storm run-off must be maintained on - site. The drainage may not be discharged down the bank to Castle Creek. 3 6. Prior to the issuance of the Certificate of Occupancy, the applicant must sign a sidewalk, curb and gutter agreement and provide the recording fees. 7. The applicant shall consult the City Engineer and Parks Department and shall obtain permits from the Streets Department for any work or development including landscaping within the public right-of-way. 8. 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. RECOMMENDED MOTION: "I move approve a Conditional Use for a 372 s. f . above grade studio accessory dwelling unit within the proposed MacCaskill residence at 610 Cemetery Lane with the conditions recommended in the Planning Office memo dated 9/20/94/." Exhibit: "A" - Proposed Site Plan, Floorplan, and Elevations "B" - Referral Comments 4 3� s c o t t L n d e n a u 3 0 3 1/2 e. main s t. aspen co. 81612 3 0 3 • 9 2 0 • 9 4 2 8 September 20, 1994 Kim Johnson City of Aspen Planning Department 130 S. Galena St. Aspen, CO 81611 Dear Kim, I apologize that Jack Courshan was not included in our initial list of property owners within the 300 foot radius regarding the MacCaskill ADU at 610 Cemetery Lane. I have met with him and have enclosed the following letter from him stating he has no objection to our accessory dwelling unit. I visited the city assessors office again today to re -confirm the adjacent property owners. I have added Jack Courshan's name to the list and it is now complete. Sincerely, Scott Lindenau, Architect. s c o t t I i n d e n a u 3 0 3 1/2 e. main s t. a s p e n c o. 8 1 6 1 2 3 0 3 • 9 2 0 • 9 4 2 8 September 8, 1994 Kim Johnson City of Aspen Planning Department 130 Galena St. Aspen, CO 81611 RE: MacCaskill ADU located at 610 Cemetery Lane, Aspen, Colorado. Dear Kim, As previously discussed, I have sent out the Public Notice letter to the enclosed neighbors within the 300' required diameter on this, the 8th of September. We have also posted the Public Notice sign at the project location this same date. I have enclosed the list of the surrounding neighbors. Regards, Scott A. Lindenau, Architect. s c o t I I j n d e n a u 3 0 3 1/2 e m a i n s i a s p e n c 0 8 1 6 1 2 3 0 3 • 9 2 0 • 9 a 2 8 MacCaskill ADU. Adj scent property owners: Sarah Gulick -Werner 510 Cemetery Lane Aspen, CO 81611 Bruce Thompson 710 Cemetery Lane Aspen, CO 81611 Susan Carter 14707 Kimberly (000645 Sneaky Lane) Houston, TX 77079 Carl Rubin 28411 Northwestern #740 (Stonebridge Subdivision) Southfield, MI 48034 Joseph Cosniac 200 Patterson (Tagert Subdivision) San Antonio, TX 78209 William Sharp Box 8630 (000595 Cemetery Lane) Aspen, CO 81611 James Roush 2441 Evergreen Point Rd. (000760 Castle Creak) Bellevue, WA 98201 Leonard Patterson 580 Cemetery Lane Aspen, CO 81611 Robert Deutsch 605 Cemetery Lane Aspen, CO 81611 City of Aspen 130 S. Galena (2 McArthur Subdivision Lots) Aspen, CO 81611 PUBLIC NOTICE RE: MACCASKILL CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 20, 1994 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, 2nd Floor Meeting Room, City Hall, 130 S. Galena, Aspen to consider an application submitted by Paul MacCaskill, 644 S. Figueroa St., Los Angeles, CA, requesting approval of a Conditional Use Review for an approximately 372 square foot Accessory Dwelling Unit attached to a proposed single family residence. The property is located at 610 Cemetery Lane; Lot 3, Castle Creek Subdivision. For further information, contact Kim Johnson at the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5100. s/Bruce Kerr, Chairman Planning and Zoning Commission JACK R. COURSHON 700 CASTLE CREEK DRIVE ASPEN, COLORADO 81611 WE MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Kim Johnson, Planner DATE: September 20, 1994 RE: Mountain Chalet - GMQS Exemption for a Change in Use SUMMARY: The applicant seeks a GMQS Exemption for a change in use from commercial area (restaurant) to lodge accommodations within the existing Mountain Chalet Lodge. The Planning Department recommends approval of this GMQS Exemption. APPLICANT: Ralph Melville represented by Dave Gibson LOCATION: 333 E. Durant Street ZONING: L/TR (Lodge/Tourist Residential) APPLICANT'S REQUEST: Change in use of 1,566 s.f. of commercial area (currently the location of Lauretta's Restaurant) to three guest rooms. The location is in the garden level area of the existing 52 room lodge. Please refer to the floor plan of the subject area and the development data provided by the architect. STAFF COMMENTS: Pursuant to Section 24-8-104 B(b) of the Municipal Code, the Commission may grant a GMQS Exemption for a change in use provided that it can be demonstrated that the change in use will have minimal impact upon the city. A determination of minimal impact shall require a demonstration that a minimal number of additional employees will be generated by the change in use and that employee hous ' ng will be provided for the additional employees generated; that a minimal amount of additional parking space will be demanded by the change in use and that parking will be provided; that there will be minimal visual impact on the neighborhood from the change in use; and that minimal demand will be placed on the city's public facilities from the change in use. No referral comments were received for this application. Change in Use from Commercial to Lodge Employee Generation: According to the application, Lauretta's Restaurant/Bar generated 9.8 full time equivalent employees. The 56 room lodge is now being served by 13 employees. The three new rooms will create the need for an, estimated 1/2 time employee. Thus, there will be an approximate 9.3 employee decrease caused by the change in use. Parking: The L/TR zone district requires .7 parking spaces per bedroom. The application states that there are 56 bedrooms for a parking requirement of 39.2 spaces. The parking requirement for the restaurant is 6.3 spaces. The conversion creates a net reduction of 4.2 spaces. The parking requirement is lessened from 46.5 spaces down to 42.3 spaces. The lodge is currently non- conforming for parking because it only provides 38 spaces along Durant Street and within two subgrade parking garages. The proposal will lessen the non -conforming situation which is desirable. Miscellaneous:There will be no visual impact as the remodel is interior. The lodge use will be less impactive on public facilities (such as water, sewer, health and emergency staff) than the restaurant use. RECOMMENDATION: Staff recommends approval of the change in use from commercial (1,566 s.f. of restaurant) to lodge (three bedrooms) with one condition: 1. 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. RECOMMENDED MOTION: "I move to grant a GMQS Exemption for the change in use for 1,566 s.f. of commercial area to three lodge rooms at the Mountain Chalet Lodge with the condition as stated in Planning memo dated September 20, 1994." Exhibits "A" Application Information and Drawings 2 5� MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Kim Johnson, Planner RE: San Serrano Conditional Use DATE: September 20, 1994 ------------ SUMMARY: The Planning office recommends approval of this conditional use with nine conditions. APPLICANT: Mike Lobdell, Terrance McGuire and John Hoffman LOCATION: 625 E. Hopkins Ave. The property is zoned Commercial C-1 APPLICANT'S,REQUEST: The applicants wish to operate a restaurant in the 465 s.f. victorian currently occupied by the John Wyman beauty salon. They portray the business as serving local, walk- in customers with business hours of 8am to lopm, seven days per week. Included in the shop will be a stove, grill (and exhaust hood), prep station, sixteen table seats, a counter for standing which will accommodate up to 5 persons, a triple sink and one bathroom. Please refer to Exhibit "A" for application information and sketches. REFERRAL COMMENTS: Complete referral memos are attached as Exhibit "B". Summaries are as follows: Engineering: The existing dumpster encroaches into the alley by a couple of feet. A new concrete pad should be installed on private property to provide a more usable trash area in the winter and to facilitate cleaning of the dumpster area. A letter from BFI must be submitted with the building permit application stating what the appropriate dumpster size will be, that the new pad will accommodate the dumpster, and how often trash pick up will be. Environmental Health: Adequate pollution control devices are necessary if any char -broiler device will be used. There are no specific noise concerns with this project, but the applicants should take precaution to prevent noise. A plan review must be done by this department and a pre -opening inspection approved before Food Service License is issued. Separate sex toilet facilities will be required if more than 15 seats are provided, which is shown by the application. In a further conversation with Lee Cassin, she indicated that the location of the toilet does not comply with regulations. It must be relocated to a place which is not behind the food prep counter. 1 31 Regarding odors, Lee mentioned that a charcoal filter system on the vent will reduce odors, but no method is available to completely eliminate exhaust smells. Housing: The application states that the business will employ no more than 5 persons at this restaurant, which is the current employment of the hair salon. No food prep work shall be done at this site to reduce prep personnel, and there shall be no wait service allowed. If more than five persons are employed by this store including delivery staff, the employee mitigation issue must be readdressed. Zoning: A separate sign permit is required for this business. There shall be no outdoor seating without prior Special Review approval and amendment of this conditional use. STAFF COMMENTS: A restaurant is allowed in the C-1 zone upon conditional use approval by the Planning and Zoning Commission. The review criteria for conditional uses are as follows: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of. the Zone District in which it is proposed to be located; and Response: The applicants are attempting to create an affordable eatery geared towards the local working class. The AACP does not address site specific locations, but does support and seek to enhance locally oriented businesses. The C-1 zone district is intended to provide "for the establishment of commercial uses which are not primarily oriented towards serving the tourist population". The C-1 zone is located between the CC Commercial Core zone and the O office zone to the east. A. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and ac- tivities in the immediate vicinity of the parcel proposed for development. Response: The property to the east is a single family residence. To the west is Susie's Consignment Shop and townhomes. To the South is the commercial block containing Sandy's Office Supply among other general commercial uses. Across Hopkins Ave. is a mix of commercial and multi -family uses. This mixed use neighborhood is a transition area from downtown to the east side residential area. The operation's menu/pricing will target the walk-in traffic from the neighboring commercial core where affordable dining is limited. B. The location, size, design and operating characteristics 2 3 J of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Response: The proposed restaurant will not be changing the exterior of the small victorian it seeks to occupy. It's size will limit high volumes of customers. Per the Environmental Health report, the restaurant may only seat 15 persons (including patrons at the "standing counter") because of the single restroom. In order to limit odors as much as technically possible, a condition has been included which requires charcoal filters on the exhaust system in addition to standard particulate filters required by Environmental Health. Delivery must take place from the alley to eliminate any truck congestion on Hopkins. Per the application, BFI will pick up trash 2 or 3 times per week. Engineering requires that a new dumpster pad be poured so that it does not encroach 2' into the alley as it currently does. Staff has conditioned the application to require the new pad as well as verification from BFI that the new location is suitable to them. Zoning must issue a sign permit for this location There is no on -site parking dedicated to this lease space. Diagonal parking is situated on East Hopkins in front of the building. Pedestrian and vehicular circulation will not be impacted. The applicant offers that the hours of operation will be Sam to 10pm, seven days a week. Because of its proximity to residential properties, staff believes that the business should not be open until lunch, around 11 am. C. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police,' fire protection, emergency medical services,', hospital and medical services, drainage systems, and schools. Response: The site is currently served by all public utility functions. D. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and Response: The applicant commits that food preparation will take place at the Johnny McGuire's location (of which this application is a "subsidiary"). The Housing office accepts the applicants' position that no more than five persons will be employed at this location. If more than five are employed, the applicants' must 3 3� come back to the Planning Commission to review mitigation requirements. F. The proposed conditional use complies with all addi- tional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable require- ments of this chapter. Response: There are no other anticipated requirements imposed by the AACP or the zoning regulations. STAFF RECOMMENDATION: Staff recommends approval of the San Serrano conditional use for a restaurant at 625 E. Hopkins Ave. with the following conditions: 1) A new concrete pad shall be installed on private property to provide a more usable trash area in the winter and to facilitate cleaning of the dumpster area. A letter from BFI must be submitted with the building permit application stating what the appropriate dumpster size will be, that the new pad will accommodate the dumpster, and how often trash pick up will be. 2) The toilets must be relocated to a place which is not behind the food prep counter. Separate sex toilet facilities will be required if more than 15 seats are provided. The standing counter shall be included for the purpose calculating number A- of seats. ` �_A.3) A charcoal filter shall be included in the exhaust system to reduce odors as completely as technically possible. 4) No more than five persons (including delivery staff) shall be employed by this business. If more than five persons are employed by this store, the employee mitigation issue must be readdressed. No food prep work shall be done at this site to reduce prep personnel, and there shall be no wait service allowed. 5) A separate sign permit is required for this business. 6) There shall be no outdoor seating without prior Special Review approval and amendment of this conditional use. 7) All deliveries shall be made from the alley. Truck parking on E. Hopkins Avenue is prohibited. 8) The restaurant may be open for lunch and dinner only, with hours not to exceed 11 am to 10pm. 4 V\0 --- 9) 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. RECOMMENDED MOTION: "I move to approve the San Serrano conditional use for a restaurant located at 625 E. Hopkins Ave. in the C-1 zone district with the nine conditions in the Planning Office memo dated September 20, 1994." Exhibits: "A" - Application Information "B" - Referral Comments 1 L let A,Wew NI It L't ASP" LQ � f �TiSClaM6tiIT � EEP-16-1994 16:00 T KURT 214r528-3350 P. 01 FACSIMILE COVER SHEET T o :�� Confirm # Note: If this FAX is transmitted to the wrong party in error, please immediately call 2W528.3585 collect and leave a message of the error and then destroy the FAX that was transmitted_ Thanks. Wnrninn( Tip tntal rnrntpntq of this facsimi it n5,mi si n includ'na cover shQej are QqnfidentiaL MESSAGE E774&a,�A7-0 MP=� /0 - 4V1e-,ean)S A/ e3_11S41 Wllyye*� err Y SEND NUMBER- (214) 528-3350 CONFIRM NUMBER- (214) 528-3585 NUMBER OF PAGES. + COVER �S� /� R&�� DATE: OPERATOR: �._& f7� t SEP-16-1994 16:01 T KURT 214/528-3350 P.02 Effete of Air Pollution on Adult Pulmonary Function WING XU, M.D., Ph.D. DOUGLAS W. DOCKERY, Ph. D. School of Public Health Harvard University Boston, Massachusetts i.IHUA WANG, M.D. Department of Environmental Health School of Public Health Beijing Medical University Beijing, China ABSTRACT. We conducted a study in three representative areas of Beijing to determine res- piratory health effects of indoor and outdoor air pollution. In August 1986, we measured the lung function of 1 440 adults who were 40-69 y of age and who had never smoked_ Forced vital capacity (FVQ and forced expiratory volume in 1 s (FEVI.� were adjusted for height, sex, and age. Outdoor ambient air pollution measurements from the World Health Org inization Global Air Pollution Monitoring Station were very different in the three study areas, the annual mean concentrations of sulfur dioxide (502) in residential, suburban, and industrial areas were 123, tB, and 57 Ng/m-, respectively, and annual mran concentra- tions of wal suspended particulate matter (TSPM) were 389, 261, and 449 pglm', respec- tively. Coal was most frequently used for domestic heating in the residential (92%) and suburban (96%) areas compared with the industrial area (t,'74), Heating with coal was associated with a reduced FEV,,n (- 91 # 36 ml) and FVC (- 84 ± 41 rnt). Living in the residential area was associated with an additional reduction in FFV,.n (- 69 ± 34 ml) and FVC (- 257 :t 37 ml), After we adjusted for age, height, and sex, an 1nvorse linear associ- ation was found between In outdoor SO? (or TSPM) concentration and FEV,.. and FVC in subjects who had and had not used coal stove heating. Regression analysis results showed that a per -unit inereost in In 502 (TSPM) concentration (,uglm') could result in a 35.6 (131.4) ml reduction in FEV1., and a 142.2 (4713.7) ml reduction in FVC. Not only was coal heating an important risk factor for pulmonary function, but it was a major confounding factor in the analysis of outdoor air pollution effects. RESPIRATORY DISEASES are the Second leading cause of death iT) the overall population in China-' The magnitude of the problem of respiratory diseases is also well represented by a dozen massive survey; of the prevalence of respiratory diseases In eariv 1970, 2 680 957 residents in Shanghai ware surveyed for bronchitis. The prevalence rate of chronic: bronchitis was .3.0% for all subjer7rs and 12.3"'io for those who were at least .50 y or age. During the ; 9; Os, �,, total Sam- ple of 2 507 971 residents who were more than 14 y of age were selected in 13 other communities of China. Information on history o' chronic bronchitis, em- physema, and chronic cor puimonaie was obtained by special teams appointed by the 1,1inistry of Public Health. The median prevalence rates For chronic bran. chit;s, emphysema, and chronic cor pr.dmonale were Archive of EnvironrnenJA Health ZILP-16-1994 16;01 T KURT 214/528-3350 m Pulmonary Function and Ambient Particulate Flatter: Epidemiological Evidence From ,N HAN ES i LAU RAINE G. CHESTNUT, M.A. RCG/Hagler, 8ailly, Inc. Boulder, Colorado JOEL SCHWARTZ, Ph.D. Office of Policy Analysis United States Environmental Protection Agency Washington, D.C. DAVID A. SAVITZ, Ph.D, University of North Carolina Chapel Hill, North Carolina CECIL M. 6URCHFiEL, Ph.D. Dow Cherniral Midland, Michigan ABSTRACT. The relationship between pulmonary function and quarterly average levels of total suspended particulates (TSP) was examined for adults who resided in 49 of the loca. tions where the First National Health and Nutrition kxamination Survey (NHANES t) was conducted. Statistically significant relationships were observed between TSP levels and forced vital capacity (FVQ and forced expiratory volume at one second (FFV,,,). These relationships remained strong across several specifications and sample changes, e.g., ex- clusion of cities with two highest and two lowest TSP levels, restriction of sample to whites only. Anthropometric measurements and iodoeconomic characteristics of the subjects were included in the analysis, and we restrifited the sample to "never" smokers. The results indicate a l standard deviation increase (about 34 µg/W) in TSP from the sample mean of 87Ng/m' was associated with an average decrease in FVC of 2.25%. The results of this analysis also suggest that there is a threshold level (i.e., approximately 60 $ig/ml [quarterly average]) of TSP below which a relationship with pulmonary function ceases to exist. A RELATIONSHIP between ambient particulate rriat- ter and a variety of health measures has been evidenced in recent epidemiological studies. Many of these studies have included adult subjects nationwide, and a relationship between ambient particulate matter and restricted activity days and/or work loss days has been established," other studies have reported an associa- tion between daily emergency room visits or ernergen• cy hospital admissions and daily particulate matter avels or coefficient or haze levels.5 a (Coefficient or' _aze is a measure of visual air pol[ution that, can be cor- related with ambient particultite matter.) J%40rtdlity rates in cross -sectional and time -series studies have lacen associated with ambient particulate matter levels.9-1' Pulmonary function and clinical respiratory health measures have been used in some epidemiological Studies in which air pollution levels across two to six cities were compared.""' After age, smoking, and oc- cupation are considered, several —but not all —of these studies reported significant differences in pulmonary function or in prevalence of chronic respiratory symp- toms or diseases between communities with different May/lure 1991 (Yol.4b (Na.:3)1 �r `�/p�1. 135 EEP-16-1994 16:02 T KURT 21 +/528—.3358 P.as Air Pollution and Fatal Lure Disease in Three Utah Counties VICTOR E. ARCHER, M.D. University of Utah School of Medicine Department of Family and Preventive Medicine Rocky Mountain Center for Occupational and Environmental Health Salt Lake City, Utah ABSTRACT_ A unique Situation found in two Utah counties has made it possible to estimate the fraction of respiratory cancer and nonmalignant respiratory disease (NMRD) deaths, which are attributable to community air pollution (CAP) in one county_ The two counties were vpry girpilar in many ways, including low S.'t:-,ki'rtb rates, uN;,L11"l a 3a22t Mill tGriS#iilctEd during wW 11 caused substantial CAP in one of them, Subsequent differences in mortality rates from both respiratory cancer and NMRD are striking. A third county, similar to many counties outside Utah, was included in the analysis for comparison. In one county, :30-40% of the respiratory cancer and NMRD deaths were attributable to CAP. in this county, NMRD deaths (but not respiratory cancer deaths) were slightly more frequent than in Salt Lake County where smoking rates were twice as high. SEVERE, ACUTE AIR POLLUTION episodes have long been recognized as contributing to death," Chronic exposure to relatively low levels of such pollution are only now being recognized as a cause of death,,-' even though the personal air pollution from chronic cigarette smoke is an important cause of death from both malignant and nonmalignant lung disease.6,7 The implication of passive smoking as a cause of disease pushes cigarette smoking ef- fects, in a quantitative sense, into the same arena as other chronic toxic air pollution agents.,-" Chronic exposure to community air pollution (CAP) results in loss of pulmonary function and/or increased symptoms of respiratory disease11-17 that progress with time.,'-',' Elevated respiratory cancer rates may result from low-level exposure,'-" All of these CAP -induced diseases may lead to death."-" Most urban air contains known mutagens and car- cinogens, e.g., mineral fibers, polycyclic aromatic hydrocarbons, nitrosamines, and nitroarornat- S_9.211-29 With many people breathing this material, s not surprising that some epidemiological studies have shown definite associations between CAP and respiratory cancer--,,"'-"' Attempts at quantitation for both malignant and nonmalignant disease resulting from air pollution have been plagued by a lack of special diseases to relate to it and by the confound- ing of cigarette smoke. The most widely accepted estimate for overall CAP -related lung cancer is a ten- tative 1 - 2%_33.34 However, in special situations, in- creases in respiratory cancer attributable to CAP are from 5 - The importance of CAP in lung injury and subse- quent deaths from nonmalignant respiratory dis- eases (NMR0s) is even more tentative. Because of confounding by cigarette smoke, useful information has come primarily from children and nonsmokers. The risk of chronic obstructive pulmonary disease (not deaths) among nonsmokers was -15% higher in areas with high air pollution.'11,40 Other studies found that the frequency of some symptoms of chest disease or hospital admissions for respiratory disease was nearly double among children or non- smokers who resided in high -CAP areas- 12,,8,17 in- h1ovember/DcsCetnber 1990 [Vol_ 45 (No- h)] 325 EP-16-1984 16:02 T KURT 214/528-3350 P. 05 0 N 0 o O ... Cw .�ryy fi -.Vi U��y/ a.r to (u cu � 4� t � .� Q H !e CJ •O f0 rtj (!j `mil Ri �+ .• A • ��+ V � � i•+ � � �i ��+% ` • r+ W � � � (n � 1l J �y n1 4.I '�l rr +•� 0 n C ,ylu tic cj Qj cv �y ^ W Qi , r' + Y:r ON w Cl, � �' ' � - y ^L aj 14 Aid NUPcu }� r Ld �G OC �'•aCo� a��'� = � �w yam`' °� � ^ .✓ .�� O •� ^ ��y I,.Ayti yy L ry (•f 1� �..1 /VA! Y�1 W V �(�/ [�� Iry Z rl , h�. /� /'� fy •yy ` ^7 m 0 .Q + ' • + �.� a ��zcn c Ul ut Ac- VIV co t � vi C ci Y. .2 v �`" rTSW Uv ~4 ,� V •�i AM1 .J .-. CA- R ` > Gi6. Ij ai '0 C > G Qdy'0 xrn'(L 4 SEP-16-1994 16:04 T KURT 214.'528-3350 P.07 Air pollution control' It's everybody's business Klamath Falls, Among the highest particulate matter (PM-10) oregUll; concentrations recorded anywhere in the A WQodsmoke nation were those which C-c),yre,i fti_a southern Oregon community of 37,500 called success story Klamath Palls. In January of 1988, measurements of FM-10 were recorded which were five times the federal health standard, The major problem Was smoke from residential woodstoves and fireplaces in conjunction with wintertime inversions that trapped the air, causing woodsmoke concentrations to build to very unhealthy levels. Despite some initial resistance, Klamath County initiated strong public awareness and voluntary woodburning curtailment programs. These programs proved to be insufficient. A 1989.90 health study of school children showing significant declines in lung function during PM-10 episodes alerted the community to the seriousness of the problem, To further improve air duality, in 7 991-92 over 525 woodstoves were replaced with alternative heat sources puchased with federal and local funds. In 1991, the community also adopted lestlnic ians on the use or' residentiI cycorI burning devices when inversions threatened to cause high PM-10 concentrations. As of the summer of 1992, these renewed efforts appeared to have paid off —preliminary data for the 1991-92 wood heating season suggested that the federal health standard was never exceeded. While favorable weather conditions may have contributed in part to that winter's air duality, Klamath Falls etas made significant progress in improving air quality and ultimately assuring long-term protection of public health - IN c r E SEP-16-1994 1G:03 T KURT 214/529-3350 um 27 LC a. m 1t as0 cm cu gn CL (A iv Lu t4 15 wt= E a — 8 CME" ma VQy m C-- Scn - V im C: Le E A tg r- 13 -M t: BE 2 a, 2 uC.) V3. L2 —0 G a b.Im 7E= ;a 1 -ff z D.- In -g - A cm F .4'r .4. Zte cn l 32 u Z dl _q, cq to E 'fi LR 7E 2) aui cD qu .dP W E _ 8 -2 CD M Ln as0 CS LM — 0 - LX a) 9 ro Q -�- R a)9 - �s —ro, Lb s, W .9 -7 'M cm ay, a Cc 8 q; 7B F- " = INA cz -0 s — - 7-6 , V; B Z 1 en M LM -2 - ,� 9 va — 52 Cb ,2 -Ef (L) — — Za s 79 75 -D g.p.S Z nS C Li W ;2 CD 0 rm '5 7rV lg,E gM = Ln .g Lp 4m - FL -E ul P F— V3 iF J2 -a r= S dM f 0 L2 F E 2 cn cp 75 !g cn vs cm 4w 0 F it cl S C:c Li 0 L r4 fu ns to x t4 cts 4-1 CL , a < _Q a. g cn (u rd a � t-4 ci F-4 V) to (u .9 > 4MP m E E , ) d -Z j Cl) 70 C" CL M OE 2 q_) CL:-- vi -= ca gn & w W7 m ,ff E cog CL2 —0 -2 (A 'a. 81,z cm m I. 2 g 72 _g F�- -i; 78, eL cn Se- �, "12ZS R JU vS 5's bl 23 9 HaiLp j r vo) as Lj M RL PL 9 02 :3 co to 7S 2 m ci ITf 2 s nc. 9C5 = -9 CA 4) cn FS cl CP -V E CA W Ln dn Ck Q L.L ?cc cis ? = Ze r 02 ca S2 F T; cu 'i cc .?LC 5R D r 79 IL Lim q, MEMORANDUM �' t To: Kim Johnson, Planning Office From: Chuck Roth, Engineering Department (� Date: September 2, 1994 Re: San Serrano Conditional Use Review for Restaurant in C-1 Zone Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. Encroachments - There is a wooden walkway ramp that encroached about two feet into the alley. There is a short railroad tie crib wall that encroaches into the alley about two feet. These encroachments are not problems at this time. If improvements are constructed on the property adjacent to the alley right-of-way, the encroachments must be removed. 2. Trash dumpster - The dumpster encroaches into the alley the same approximate two feet as the encroachments discussed above. It may be advisable to require the applicant to construct a concrete pad for the dumpster. This would facilitate ensuring that the dumpster remains outside of the usable alley during the winter. It may also improve the ability to clean the dumpster area. The City typically experiences problems with the cleanliness of food service trash dumpster areas. 3. Sidewalk - The sidewalk in front of the building is spalled to some extent, and there is some cracking. However the conditions are not classified as a hazardous sidewalk, and the appearance of the sidewalk seems reasonable. 4. Work in the Public Ri t-of-way - Given the continuous problems of unapproved work and development in public rights -of -way adjacent to private property, we advise the applicant as follows: The applicant shall consult city engineering (920-5080) for design considerations of development within public rights -of -way, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from city streets department (920-5130). cc: Cris Caruso M94.322 L J-�� N R .0�� OP�t�t-tT vE Cots �7t'CtON,lJ1. C.{�S �y �.,.QCJ}'� IOt�-1 pF P�OPo5�0 : CZ�,T/S(�RbNI t5 V�.► ITU �1.� "Ct� CbA i\ M . Cw>L Cap& dc- TWE . uVl LI M LiS C7 F ASI E*4 �� ZU� '�cU'.t�.F�t•�T � �Cp �'C�c�3' �,p�; ��Oj��3c.� �:� �.� be 11�h Gf��l�lEotb�'C V�G�►�l`.� O� �RC��O t'l Vl��, t1Y`j��!T �� t� G�c ��✓«`'�'i�� 9 "CO a . �'a1Ni��p t�R�Tkr:,Q pC�C-V(c (Lt L `f Cbe- TIAV2 Pu paS� , rl t_oc_& tat4 PLIC= �1; �k4 Tim, ALE 4-ly �t•1tU- V<, kAD NAcP-r, pl� Sl,Mul_. Z 41 _ C--t TO O'T1jo '�MLLLL �"oo� �Tl�g{•<<k�i`�t�M�� }.1 'Cp�L4 � �.�, Jo�NN� �'t�{s(,.tLt��S c�c � leg . (aDURc trr �UVlc gym-tv P ,� aN%-6 Sotto w��,� 'Tt7Te LI SIKL-l.0 4 Td 6 Y��G CZ :'j'r V- -Pa�Ktt�(s C c,tRR�t1'f t1UN1t o F .. ?e0c ; F,- JJN L.Dy EO g3 V�V N �r- l�� ,�6 FCu70 �?�zCP(7t?�T�QN - pFSin_uRc�1T t5 ro �� pc�.� yUsP Rouu� TO�S CSv�3LcSUt�I�U i IS�LU�^—LLY 4NN�7 t�MQ'.0011711��Qj'1�� [3�/ TUB QAW?Cr�[T Jt\�akl LO P�l CI.INuy c��cun?GS DE[,I �3or-_co�cLa,��S��, l?�:S1n�c(?p�T E�PC�I�NeE,- IxMC� oG TciC PC��M�SrS CKf�aiOR �,un� mow �LL OOQC-:S Wow S CT �tU fot? a v�ctoa�r,� F�cc ;u�F�T c_xt�locz �c�l Foc? CXF U�UDS�rSP'SI�Cs: S(GNi�E Sly.! CC1t�St5i GE C�tC lkt-�Czf�cs Sl(;rs �Q l� PL��D Oft rXtSTir1G 6T�EL U-c Q l3�iwEG�t [�f��tt�� C�4�1a �2ovait�c5 . \IJC-1094t0 t4 su Z, t -1 Fzti ce FL l Q v c A'�J Asper" Colorado 81611 K�n16u 10X,925.3876 gy3 � 30 9Zg- x/gZ5.g,456 3' ,yy f G�`op••' s g1 J 9Z - d� 0,3. Q� ��3 Q,�. �o JJ� TM GO G September 20, 1994 ��r �m 0` c4� To The Planning & Zoning Committee; 1� m As I am unable to attend the revue planned on this day please accept this letter into the public record and let it be read at the meeting. I have serious reservations concerning the creation of San Serano's restaurant in the space where John Wyman's now stands at 625 E. Hopkins. My offices are on the dame lot, directly behind the proposed restaurant. (We've been in this location almost ten years.) All our windows would face the kitchen vent. The tiny green lawn that has been amicably and quietly shared amongst the three businesses at that location would, in my opinion, quickly become outdoor restaurant seating —first by default, then later by rezoning. My business relies on high technology. Increased traffic through our property, day and night, would significantly increase our security concerns. Garbage is already problematic in the alley, the front door of which my office faces. Any food operation on the lot would increase that problem. Furthermore, though I am a fan and patron of Johnny McGuire's, I am decidedly uncomfortable with the notion of a restaurant of this type on a block with historic residences and buildings. I think the increased traffic and density will contribute to their deterioration. Best Regards, Dan Sadowsky Production Manager (ILLIAM WESSON, D.D.S. To Whom It May Concern: 1 19 SOUTH SPRING ASPEN, COLORADO 81611 TELEPHONE 925-441 1 This letter is to express my concern regarding a proposed restaurant in the space novVoccupied by John Wyman. I am opposed to this because 1) it is not in keeping with the character of the street, 2) more traffic will be generated in an already congested area, 3) there are alleged complaints about the new tenant in his present location and 4) it is my understanding that a restaurant grill significantly increases PM 10 concentrations in the air. Thank you for your consideration in this matter. ncerely, 0 William H. Wesson, D.D.S. County of Pitkin } AFFIDAVIT OF NOTICE BY POSTING OF A PUBLIC HEARING State of Colorado } FOR A PITKIN COUNTY DEVELOPMENT PERMIT The undersigned, being f irst duly sworn, deposes and says as follows: I 5torl- ti J>6 /J � being or representing an Applicant for a Pitkin County Development Permit, personally certify that the attached photograph fairly and accurately represents the sign posted as notice of the public hearing on this matter in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the sign was posted and visible continuously from the Af day of t --, 1� , 46. -o t is J� day of be posted for at leas �r. NOTICE - DATE TIME PLACE l.. -.-� PURPOSE.. �. 1 r -e+ FOR FURT1ER NF CCKTACT THE O!1'RA �l I x7 SOl 6lCN.1 ASPIK0 V 15 days fore the public hearin ) . licant vs Signature Subscribed and sworn to before me this day, of , 1 �� t�-I F WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: (Notary Public's Signature Address1 �OZ I 11 A- ,C. vc. su em C, e-W ✓ �a 6-KCILA, O'� Q T>bC,&e-P,:7( ��-t ��-t 2.-7.3-7- �!�>2- - (2 -oc, Cc 2-737-- -Z .- (.2 oc)-2- ©as 182 -- 2s-s > /-003 C f G CO L-1 D v��r C ((:> Ce,QkL,D '7 27S 7-073 3 2 u ace-2- Sp e �b I '9 o o LA S C,9Lt, w A-S CAA- 3 i 90 Kt-c <,-,xFt o k k aq b1 i i" m 4 s —Pp rL-vk►Qf�>s 5?0 1E. -Du aAkjT 6 2 Lf ST V� Ct'o -rE -9`aX A-L? v4c- I/ " C)D--7 (moblc�t � 0e- ,-cN -,-,v3�trcA� I-c DzLi�,CwcCo j bD!�;- QACTO� 'Sr 6,1 � u� r C�113�j t / MA q S-2� 4 2 %3 - r 3 - 3Y .BOO I(-,6R ) DAk t-c �1. 2?3?- (fs2 -- I��ocS r rr�V,(A�i OoO CA 9 02-4 ( G0� y VC? 7 (9 Ago kl,u5 z C-Aw �-,/ -o32- cAe(r )ok)1)A4�- /Co . ��b 7 3 -nwL)5�co--F� C�x V/— (53, -7 'TA4�L- f �( u , 5S 10 i)-U,7- l�sZ -- l5' :Pl Tk.N C4,,t'$JLV< 6a% zo �7 3 7 T �* t l 09 3 / b`2° 5 3Lf MA -0-G OV 'C CciJ peg-- 3 Lk *rN S 5 3Lf I 8EP-16-1994 16:00 T KURT 214/528-3350 P.01 L, KUR79 Wniv YiPH 0,1 WS C, Tj L TA R 1-1 FACSIMILE COVER SHEET 111P'4' 7'?7V F A X # k,?-J30� _ Confirm Y&V3 Note, If this FAX is transmitted to the wrong party in error, please immediately call 214/528-3585 coiled and leave a message of the error and then destroy the FAX that was transmitted- Thanks. Warn .inn( Thp total nnntants of this facsimile transmission including cover sheet are QQnfldentiaL MESSAGE )'�e#4r#-' 4PAI-94_941 'PP /'S��' �'�� '�� r � ,fir � � AIR-1V �AR1077e-W-A7_0 AlPr7" /0 1#144A)S* A/ A*s z ptlloa S&�1141w //Lj lq%aex) 6?VH 141� Rl%f A> 7 A) S�ZetV I�V XIIA17�Fe- 1fed01W1AA40 7V 4e�5 OA9-�-Yll$r fAi!V9- R0 /P -17_� 77-W 4AV7- 45—t(o, VeYW-f - OMZ-)e- C:0W1SCF1AA5 114pe"I" 4*NWIMLS) SEND NUMBER- (214) 526-3350 CONFIRM NUMBER- (214) 528-3585 1 MINX- IWF- iAqt7_eJ7_ R97A'�A2- 141 NUMBER OF PAGES: + COVER DATE: �S'-1e"If4z OPERATOR: SEP-16-1994 16.01 T KURT P.32 Effects of Air POIlUtion on Adult Pulmonary Function XIPING XU, M.D., Ph.D. DOUGLAS W. DOCKERY, Ph.D. School of Public Health Harvard University Boston, Massachusetts LIHUA WANG, M.D. Department of Environmental Health School of Public Health Beijing Medical University Beijing, China ABSTRACT. We conducted a study in three representative areas of Beijing to determine res- piratory health effects of indoor and outdoor air pollution. In August 1986, we measured the lung function of 1 440 adults who were 40-69 y of age and who had never smokod_ Forced vital capacity (FVC) and forced expiratory volume in 1 � (FEV,.0) were adjusted for height, sex, and age. Outdoor ambient air pollution measurements from the World Health Orpnizalion Global Air Pollution Monitoring Station were very different in the three study areas, the annual mean concentrations of sulfur dioxide (502) in residential, suburban, and industrial areas were 128, 13, and 57 Mglm-, respectively, and annt,al mean concentra- tions of total Suspended particulate matter (TSPM) were 389, 261, and 449 pc* m', respec- tively. Coal was most frequently used for domestic heating in the residential (92 A) and suburban (96°s1) areas compared with the industrial area (17/'oO, Heating with coal was associated with a reduced FEV,.,, (- 91 # 36 ml) and FVC ( - 84 ± 41 mt). Living in the residential area was associated with an additional reduction in FFV,., (- 69 ± 34 ml) and FVC (- 2,57 * 37 ml), After we adjusted for age, height, and sex, an invorw linear associ- ation was found between In outdoor SO? (or TSPM) concentration and FEV,,,, and FVC in subjects who had and had not used coal stove heating. Regression analysis results showed that a per -unit increase in In SOz (TSPM) concentration (Pg/m') could result in a 35.6 (131.4) ml reduction in FEV1.0 and a 142.2 (478.7) ml reduction in FVC. Not only was coal heating an important risk factor for pulmonary function, but it was a major confounding factor in the analysis pr outdoor air pollution effects. RESPIRATORY DISEASES are the Second leading cause of death in the overall population in China -'The magnitude of the problem of respiratory diseases is also well represented by a dozen massive survey; of the prevalence of ,expiratory cii5c�a5c5 ' In early 1970, 2 680 957 residents in Shanghai wore surveyed for bronchitis. The prevalence rate of chr-�nic bronchitis was .3.0% for ali subjects and 12.3"io for those who were at least 50 y or age. Daring the : "70,, total sam- ple of 2 507 971 residents who Yvere more than 14 v of age were selected in 13 other communities of China, Information can history o' chronic lbroncHtts, ern- physema, and chronic cor pu?monaie watt obtained by special tean-is appointed by the ;`iin*stry of Public Health. The median prevalence rates For chronic bror. cht:t:k, emphysema, and chronic c or puln-ionale were "�7 '/ ?.,— -7LI) Archive of EnvirunmenkAl Heolth 3EP-16-1994 16;01 T KURT 214/528-3350 Fulmonary Function and Ambient Particulate Matter. - Epidemiological Evidence From NHANES I LAURAINE G. CHESTNUT, M.A. RCG/Hagler, Bailly, Inc. Boulder, Colorado JOEL SCHWARTZ, Ph,D. Office of Policy Analysis United States Environmental Protection Agency Washington, D,C. DAVID A. SAVITZ, Ph.D, University of North Carolina Chapel Hill, North Carolina CECIL M. BURCHFIEL, Ph.D, Dow Cherniral Midland, Michigan A19STRACT. The relationship between pulmonary function and quarterly average levels of total suspended particulates (TSP) was examined for adults who resided in 49 of the loca. tions where the First National Health and Nutrition Examination Survey (NHANES t) was conducted. Statistically significant relationships were observed between TSP levels and forced vital capacity (FVC) and forced expiratory volume at one second (FEV1,4). These relationships remained strong across several specifications and sample changes, e.g., ex- clusion of cities with two highest and two lowest TSP levels, restriction of sample to whites only. Anthropornetric measurements and socioeconomic characteristics of the subjects were included in the analysis, and we restricted the sample to "never" smokers. The results indicate a I standard deviation increase (about 34 µfilm') in TSP from the sample mean of 87 Pg/rn' was associated with an average decrease in FVC of 2.25%. The results of this analysis also suggest that there is a threshold level (i.e., approximately 60 µWrn' [quarterly average]) of TSP below which a relationship with pulmonary function ceases to exist, A RELATIONSHIP between arnblent particulate r-rlat- ter and a variety of health measures has been evidenced in recent epidemiological studies. 'vtany of these studies have included adult subjects nationwide, and a relationship between ambient particulate matter and restricted activity days andlor work loss days has been established.' Other studies have reported an associa- tion between daily emergency room visits or emergen- cy hospital admissions and daily particulate matter evels or coefficient of haze levels.5 � (Coefficient or daze is a measure of visual air pollution that can be cor- related with ambient ;articulate matter.) morrtdlity rates in cross -sectional and time -series studies have been associated with ambient particulate rnatter Irvels.9" Pulmonary function and clinical respiratory health measures have been used in some epidemiological Studies in which air pollution ievels across two to six cities were compared.""' After age, smoking, and oc- cupation are considered, several —but not all —of these studies reported significant differences in pulmonary function or in prevalence of chronic respiratory symp- toms or diseases between communities with different hgay/jgnc 1991 (Vol, 46 (No. 3)t f�-�r �� j� ,�, , r ` f�� 135 CEP-1b-1994 16:aa T KURT 21a+:�58-33t0 P . 04 Air Pollution and Fatal Lung Disease in Three Utah Counties VICTOR E. ARCHEa, M.U. University of Utah School of Medicine Department of Family and Preventive Medicine Rocky Mountain Center for Occupational and Environmental Health Salt fake City, Utah ABSTRACT. A unitlue Situation found in two Utah counties has made it possible to estimate the fraction of respiratory cancer and nonmalignant respiratory disease (NMRD) deaths, which are attributable to community air pollution (CAP) in one county- The two counties wPrP very gmilar in many wave, including low sm. oking ;K�c�, �iirtii a 5icci —:11----Ai..-A- 1 during WW II caused substantial CAP in bone of them. Subsequent differences in mortality rates from both respiratory cancer and NMRD are striking. A third county, similar to many counties outside Utah, was included in the analysis for comparison. In one county, 30-40% of the respiratory cancer and NMRD deaths were attributable to CAP. In this county, NMRD deaths (but not respiratory cancer deaths) were slightly more frequent than in Salt Lake County where smoking rates were twice as high. SEVERE, ACUTE AIR POLLUTION episodes have long been recognized as contributing to death,'` Chronic exposure to relatively low levels of such pollution are only now being recognized as a cause of death,;-' even though the personal air pollution from chronic cigarette smoke is an important cause of death from Moth malignant and nonmalignant lung disease.b,7 The implication of passive smoking as a cause of disease pushes cigarette smoking ef- fects, in a quantitative sense, into the same arena as other chronic toxic air pollution agents.K-" Chronic exposure to community air pollution (CAP) results in loss of pulmonary function and/or increased symptoms of respiratory disease12-" that progress with time.'"" Elevated respiratory cancer rates may result from low-level exposure,"' All of these CAP -induced diseases may lead to death."-15 Most urban air contains known mutagens and car- cinogens, e.g., mineral fibers, polycyclic aromatic hydrocarbons, nitrosamines, and nitroaromat- :3_9.211-29 With many people breathing this material, is not surprising that some epidemiological studies have shown definite associations between CAP and respiratory cancer_.,,'" ' Attempts at quantitation for both malignant and nonmalignant disease resulting from air pollution have been }plagued by a lack of special diseases to relate to it and by the confound- ing of cigarette smoke. The most widely accepted estimate for overall CAP -related hung cancer is a ten- tative 1 , 2%. _33.39 However, In special situations, In- creases in respiratory cancer attributable to CAP are from 5 The importance of CAP in lung injury and subse- quent deaths from nonmalignant respiratory dis- eases (NMRD&) is even more tentative. Because oaf confounding by cigarette smoke, useful information has come primarily from children and nonsmokers. The risk of chronic: obstructive pulmonary disease (not deaths) among nonsmokers was *15% higher in areas with high air pollution. 11,40 Other studies found that the frequency of sortie symptoms of chest disease or hospital admissions for respiratory disease was nearly double among children or non- smokers who resisted in high -CAP areas.12,1e.17 In- November/Oecember 1990 [Vol- 45 (No. h) ] 325 3EP-16-1994 16:02 T KURT 214/'528-3350 mm M —.W IT 0 V) V) CJ a. ;. M IA 7:1 ci m C) .— Q X: CL. c 0 di X EA .a — aw E.) u vo ai 0 7:� t6o et M Ci ai �j v3 M7� 4n QJ 0 ( :z 0 0 m ., -Y Qj 0 %A-4 M Lot -t:; � bD tn Old cr u U cu cu .1 ch k� 4j 1 0 co 41, 0 71 J2� IV W— CL op f � dO OF- 0 Ln Ut e_ CA 4� ;z o �L — — 00 71 th 77 s m ::3-16-1994 16:04 T KURT 214/528-3:350 P, 07 l-p gx-LL- f,�ttiy Air pollution control: It`s everybody's business Klamath Falls, Among the highest particulate matter (PM-10) O regoii: concentrations recorded anywhere in the: nation were those whii--h occurred n^ A WOodsmoke southern Oregon community cif 37,500 called success Story Klamath Falls. In January of 1988, measurements of FM-10 were recorded which were five times the federal health standard, The major problem was smoke from residential woodstoves and fireplaces in conjunction with wintertime inversions that trapped the air, causing woodsmoke concentrations to build to very unhealthy Ievels. Despite some initial resistance, Klamath County initiated strong public awareness and voluntary woodburning curtailment programs. IN These programs proved to be insufficient. A *1989.90 health study of school children showing significant declines in lung function during PM-10 episodes alerted the community to the seriousness of the problem, To further improve air quality, in 1991-92 over 323 woodstoves were replaced with alternative heat sources purchased with federal and local funds. In 1991, the community also adopted lest!1ctiorls OTI the use of resi entiai 'wcod burning devices when inversions threatened to cause high PM-10 concentrations. As of the summer of 1992, these renewer{ efforts appeared to have paid off—prelirninary data for the 1991-92 wood heating season suggested that the federal health standard was never exceeded. While favorable weather conditions may have contributed in part to that winter's air duality, Klamath Falls has made significant progress in improving air quality and ultimately assuring long-term protection of public health_ I SEP-16-1994 I6:03 T KURT 214/529-3350 id 0 CL Ln LM CS n* m LL, g 2-c (D & c E 15 12 c C3 N= 3 .S2 'J g `R.-a 72 E w M c c ci 5 C:) Sw w V3 CA 5 12 Ll cm dl a Rv c 8 4) ul 'V , S V7 us _Q .U.2 da d) to 4 U, an M_ % co E CL CL82 Kk 2 2 M a 0 8x.s IF 4u ac 12 F Of H CIPJ -2 U2 M -LIT - Y LE -8 2=7.5 72 E cc ri tra 02 'pi TA_ 6Z .;7r ,3 M - F .& � s la La _w A7 79 L3 di rw To m 2 dU LA cn Cj cc 4n va re Ly & 51L1 vP as i VY r- rl q_) u A 79 MIn V) 7E 7; 4) E3 -I Lj M 2 -0 M O An d c- C-0 72 ce 1 LZ t5 7, q cn Mi 'a C: E L2 3 r-)va 2 cdc) ai E cu E t5 52 ig 2L r2 12 R <5 -,t U Its . — ci a! -4 L� Z = W a) (n CA rM 0 7E Svc _r_.s2 co G a EL -pc, E ch _Ad Ls cm L_3 Z: 9- cc do 'V ya Ch a) fa LJ -,L2- LO Lj �s C.2 r- . a 7FM 1 a- .§ Cb C: , 12 6- E %U cu cn 4- -1Z aj ol > ps 4, U; I- C) x < 4- (u cu F cj � w 0 1-4 4-J 1� Cd (6 Ozz C 0 M MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: MacCaskill Conditional Use for an Attached Accessory Dwelling Unit - Public Hearing DATE: September 20. 1994 SUMMARY: The Planning Office recommends approval of the MacCaskill Conditional Use for a 372 s.f. above -grade studio accessory dwelling unit to be created within a new residence with conditions. APPLICANT: Paul MacCaskill represented by Richard Wax LOCATION: 610 Cemetery Lane (Lot 3 Castle Creek Subdivision) ZONING: R-30 APPLICANT'S REQUEST: The applicant requests Conditional Use for the construction of an above -grade studio accessory dwelling unit within a proposed 5,800 s.f. residence in accordance with Ordinance 1 requirements. The 80,200 s.f. site is now vacant after the demolition of a single family dwelling. The ADU will be adjacent to the garage and will not have internal access to the principal home. Because the ADU is 100% above grade the applicant is eligible for an FAR bonus for the property. The applicant has submitted floor plan, elevation, and site drawings for the proposed ADU. See Exhibit "A". PROCESS: The Planning Commission shall make a determination on the Conditional Use for the accessory dwelling unit. This new residence is exempt from special review for the FAR overlay because it falls under the 85% FAR limit once the ADU area is credited from the total. Maximum FAR for this parcel is 6,662 s.f. 85% of this figure is 5,663. The home is roughly 5,800 s.f. with an exemption of one-half the size of the ADU (186 s.f.) for a net FAR of 5,614 s.f. REFERRAL COMMENTS: Housing: The proposed unit must meet the requirements of Section 24-5-510 of the Aspen Municipal Code. It shall be between 300 and 700 square feet of net livable area, deed restricted to resident occupancy, and have minimum lease periods of 6 months. The deed restriction shall be approved by the Housing Office, recorded with the County Clerk, and proof of recordation forwarded to the Housing Office prior to issuance of any building permits for the site. The kitchen must meet the requirements established in the 1994 Housing Guidelines. Engineering: Any increase in historic storm run-off must be maintained on -site. The drainage may not be discharged down the bank to Castle Creek. Prior to the issuance of the Certificate of Occupancy, the applicant must sign a sidewalk, curb and gutter agreement and provide the recording fees. The applicant shall consult the City Engineer and Parks Department and shall obtain permits from the Streets Department for any work or development including landscaping within the public right-of-way. STAFF COMMENTS: The Commission has the authority to review and approve development applications for conditional uses pursuant to the standards of Section 7-304: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located. RESPONSE: This proposed unit will allow the property to house local employees in a residential area, which complies with the zoning and Aspen Area Comprehensive Plan. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. RESPONSE: The accessory dwelling is compatible with the principal dwelling and other single family and duplex residential uses in the surrounding neighborhood. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. RESPONSE: A parking space is not required by code for a studio accessory unit. Parking is not considered critical because of the parcel's location on the Cemetery Lane bus route. The unit will not be visible as a separate dwelling. There are not other anticipated impacts associated with this ADU. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. 2 _. a I � � 'r 1----- -- w -U y _ 'i rp w .. i _ _ � ��/ t^ i I" - l � � h C: �. r �' i 2 E o r -� oy J ,1P ot - N f ` 13 ------- —6— 1r . � a red M"P* M N I 33 • '�N i'1 M�LdW r 11460/KIN BuyLine 0833 ALL -IN -ONE KITCHEN CENTER the "SIXTIES" offer the maximum in utility pp/product presentation KF60G White DIMENSIONS: 60' wide x 36' high to countertop x 24 deep. Shipping weight 375 lbs. REFRIGERATOR: 6.5 cu. It. 40 lbs. frozen food capacity, Push button defrost. Cabinet with urethane foamed insulation bonded to seamless liner. Aluminum evaporator. Covered meat keeper, Easy glide shelves. Interior light. Cow panel with molded shelves. Magnetic door seal. Door hinged for 900 opening. I/io HP hermetically sealed compressor, ELECTRIC RANGE AND OVEN: 4-125OW tubular plug-in surface elements. Infinite control switches with unlimited heats, Removable snap -in reflector bowls. Range pilot lamp. 1-260OW tubular broil element. 1-2000W tubular bake element. Oven pilot lamp. Pre -heat cycle. Utensil storage drawer. TOTAL CONNECTED LOAD: KF60E wired for 115/230 volt 3 wire single phase (120/208 if specified), including refrigerator; 9.8 KW. GAS RANGE AND OVEN: 4 aluminum hood top burners, rated 9,000 BTU' for natural and mixed gases. 8,000 BTU for LP gases. Automatic pilot lighter Coaxial orifices. Removable burner bowls. Oven rated 18,000 BTU. Automatic oven lighter, 100% safety shut-off. Low temperature 'warming oven' setting. Separate broiler drawer. Equipped with gas pressure regulator for natural or mixed gases. SINK: Sink, range, and countertop one-piece stainless steel. Sink measures 14' x 16' x 61 . Crumb cup strainer -stopper. Aerated swing spout faucet. STORAGE COMPARTMENT: Accommodates standard disposers. Permits access for plumbing, gas and electrical hookup through the front. CUTLERY DRAWER: Includes removable maple cutting board. 60' unit has finished sides for tree standing installation. RIGHT HAND model with refrigerator on right and range/oven on left, LEFT HAND model with refrigerator on left and range/oven on right is available on special order. 600 MODEL NUMBERS KF60E electric range combination KF60G gas range combination COLOR CHOICE: White, Coppertone, Black, Almond. ALL -IN -ONE 63" KITCHEN CENTER for recess installations 63' wide x 36' high to countertop x 24' deep. Shipping weight 425 Ibs, ALL SPECIFICATIONS IDENTICAL TO 60' UNIT, INTEGRAL END SPLASHES: One-piece stainless steel top has 43/4' backsplash returned at both ends for maximum recessed protection against spillage. 630 MODEL NUMBERS KR63E electric range combination KR63G gas range combination COLOR CHOICE: White, Coppertone, Black, Almond. KR63E Almond MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Kim Johnson, Planner DATE: September 20, 1994 RE: Mountain Chalet - GMQS Exemption for a. Change in Use ------------------------------------------------------------- ------------------------------------------------------------- SUMMARY: The applicant seeks a GMQS Exemption for a change in use from commercial area (restaurant) to lodge accommodations within the existing Mountain Chalet Lodge. The Planning Department recommends approval of this GMQS Exemption. APPLICANT: Ralph Melville represented by Dave Gibson LOCATION: 333 E. Durant Street ZONING: L/TR (Lodge/Tourist Residential) APPLICANT'S REQUEST: Change in use of 1,.566 s.f. of commercial area (currently the location of Lauretta's Restaurant) to three guest rooms. The location is in the garden level area of the existing 52 room lodge. Please refer to the floor plan of the subject area and the development data provided by the architect. STAFF COMMENTS: Pursuant to Section 24-8-104 B(b) of the Municipal Code, the Commission may grant a GMQS Exemption for a change in use provided that it can be demonstrated that the change in use will have minimal impact upon the city. A determination of minimal impact shall require a demonstration that a minimal number of additional employees will be generated by the change in use and that employee hous ' ng will be provided for the additional employees generated; that a finimal amount of additional parking space will be demanded by the change in use and that parking will be provided; that there will be minimal visual impact on the neighborhood from the change in use; and that minimal demand will be placed on the city's public facilities from the change in use. No referral comments were received for this application. Change in Use from Commercial to Lodge Employee Generation: According to the application, Lauretta's Restaurant/Bar generated 9.8 full time equivalent employees. The 56 room lodge is now being served by 13 employees. The three new rooms will create the need for an estimated 1/2 time employee. Thus, there will be an approximate 9.3 employee decrease caused by the change in use. Parking: The L/TR zone district requires .7 parking spaces per bedroom. The application states that there are 56 bedrooms for a parking requirement of 39.2 spaces. The parking requirement for the restaurant is 6.3 spaces. The conversion creates a net reduction of 4.2 spaces. The parking requirement is lessened from 46.5 spaces down to 42.3 spaces. The lodge is currently non- conforming for parking because it only provides 38 spaces along Durant Street and within two subgrade parking garages. The proposal will lessen the non -conforming situation which is desirable. Miscellaneous:There will be no visual impact as the remodel is interior. The lodge use will be less impactive on public facilities (such as water, sewer, health and emergency staff) than the restaurant use. RECOMMENDATION: Staff recommends approval of the change in use from commercial (1,566 s.f. of restaurant) to lodge (three bedrooms) with one condition: 1. 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. RECOMMENDED MOTION: "I move to grant a GMQS Exemption for the change in use for 1,566 s.f. of commercial area to three lodge rooms at the Mountain Chalet Lodge with the condition as stated in Planning memo dated September 20, 1994." Exhibits "A" Application Information and Drawings 2