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HomeMy WebLinkAboutagenda.apz.19910205 AGENDA ~ ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING February S, 1991, Tuesday 4:30 P.M. 2nd Floor Meeting Room City Hall I. COMMENTS commissioners Planning Staff Public - II. MINUTES III. RESOLUTIONS A. Highway 82 Enlargeaent Design Reco_endations Resolution III. PUBLIC BEARINGS A. 1001 ute Avenue POD, 8040 Greenline Review, and ~ditional Use Review (To be tabled to ~e B. Flying Dog Brew Pub Conditional Use Review rv. PRE-APPLICATION CONFERENCE A. Crestahaus Affordable Housing " . V. ADJOURN . a.cov I ; I Do iT.014) TO: Aspen Planning and Zoning Commission FROM: Cindy Christensen, Planning Office RE: Upcoming Meetings DATE: January 30, 1991 This is a list of your scheduled Upcoming meetings. Regular Meeting, February 19th Golf Course PUD Amend. Nordic Cncil Lighted Skiing (PH) (KJ) Seymour Conditional Use for ADU (PH) (KJ) Moores Conditional Use (PH), Hallam ESA, Special Review (KJ) Schiller Conditional Use for ADU (PH) CKJ) Regular Meeting, March 5th Holden/Marolt Mining Museum Final PUD & Rezoning (PH) (KJ) 533 West Hallam ADU (PH) (LL) Art Park/Trolley/Snowmelt Concept SPA (LL/KJ) Braden Stream Margin Review (KJ) Regular Meeting, March 19th Aspen Meadows Final SPA,, Rezoning & Residential GMQS (PH) (KJ/AM) a. nex MEMORANDUM TO: Planning and Zoning Commission FROM: Leslie Lamont, Planning RE: Flying Dog Brew Pub, Conditional Use DATE: February 5, 1991 SUMMARY: The applicant seeks to operate a brew pub in the CC Zone District. The proposed pub will be located within Lauretta's restaurant. Although a restaurant is a permitted use within the CC Zone District, the Land Use Code does not define a brew pub. However, "recreational and entertainment establishments limited to the following and similar uses: business, fraternal or social club or hall; ice or roller skating rink;" is a conditional use within the CC zone. Staff has interpreted a brew pub as a "similar" use therefore requiring the applicant to submit an application for a brew pub as a conditional use. In addition, staff believes that a conditional use review is the proper review mechanism. There is the potential that the brew pub could expand its use such as bottling or kegging the beer for sale. Staff is concerned that the use does not develop beyond the intent of the zone district. APPLICANT: George Stranahan and Richard McIntyre LOCATION: 424 East Cooper - Block 89 ZONING: CC - Commercial Core APPLICANT'S REQUEST: Conditional Use approval for the installation of a brew pub.. REFERRAL COMMENTS: The Building, Engineering and Environmental Health Departments have all submitted referral comments. Please see the attached comments. Primarily the referral comments focus on the type of equipment used and the mitigation of odor and waste associated with the brewing process. Requirements of each department are included within the conditions of approval for this application. STAFF COMMENTS: The applicant proposes to install two brew kettles in the kitchen space that is not being used for Lauretta's food service needs. This space will be enclosed and a section of the wall between the kitchen and the dining area will be replaced with glass so that the patrons can see the first three steps of the brewing process. This view "advertises" that beer served is brewed on the premises.. Five fermenting tanks and 5 serving tanks will be installed in an area of the restaurant that is now storage space. The brewing process takes place in stainless kettles, each about 3 1/2 feet in diameter and 7 feet high. First the malted barley is steeped in hot water to make the wort which is transferred to the brew kettle, where it is boiled for 1.5 hours and hops are added, then it is cooled, yeast added, and placed in the fermenters. After several days in the fermenters the brew is finished and either aged in lagering tanks or placed in the serving tanks. The Flying Dog capacity is dictated by the size of the individual kettles. With a maximum of 3 brews per week the annual capacity is 1,170 barrels per year or 36,270 gallons per year. The best way to look at the economics is to calculate the capacity in the number of pints per restaurant seat per day. This number for Lauretta's seating capacity (95) during the winter is 8.4 pints per seat per day. During the summer, when the outside seating it is included, is 4 pints per seat per day. The brewery space will be tile and have floor drains. The cleaning water and soaps are the main impact on the sewer. The barley mash, which is the byproduct of converting malted barley to wort, will total about 5 garbage bags of mash each time a beer is brewed. According to the application, the brewing process will occur a maximum of 3 times per week. The mash is excellent cattle feed and the applicant will remove the waste to his ranch for that purpose. The brew kettles will be equipped with a condenser so that no odor will be generated during the boiling. The kettle will be gas fired and the flue gases will require a vent. There will be no kegging or bottling of the beers, the entire product will be dispensed on the premises. As previously stated, staff believes that this use is best reviewed as.a conditional use to confirm that the production and distribution is not a use reaching beyond the intent of the CC Zone District. This type of review also ensures that odor and waste issues are addressed up front. Section 7-304 of the Land Use Code sets out the standards for a conditional use review as follows: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive K Plan, and with the intent of the Zone District in which it is proposed to be located; RESPONSE:• The existing business retails prepared food and serves beer, wine and liquor. The intent of the Commercial Core Zone District is "to allow the use of land for retail and service commercial, recreation and institutional purposes with customary accessory uses to enhance the business and service character in the central business core..." Attached for your review are many letters from adjacent business owners. Most of the authors support a use of this type, with the perspective that a brew pub as an enhancement to the commercial core and "an entertainment resource not available now" in the downtown. 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: This location has always been a restaurant that has served beer, wine and liquor. The brew.pub will only prepare and serve their varieties of beer to be consumed on the premises. 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: All parts of the brewing process will be inside the existing building. A window will enable interested patrons to view part of the brewing process. There is no change in the seating capacity. According to the application there will be very little trash generation from the brewery. At the capacity the applicants propose, about 5 garbage bags of mash will need to be disposed of each time beer is brewed, 3 times per week is the maximum, and used as cattle feed. The filter pack, which will be changed three times a week, is about the size of a Sunday New York Times. BFI has confirmed that they provide trash removal service 7 days a week at this location. Please see attached letter. Only during the boiling in the brew kettles is there any odor. The brew kettles will be equipped with a condenser so that no odor will be emitted during the boiling. The Environmental Health Department also recommends that the applicant submit an "Air Pollution .Emission Notice" and obtain an air pollution permit from the Colorado Air Pollution Control Division if they determine this operation requires a permit. The applicant will be required to comply with the conditions of this permit if one 3 is required. According to the application, the brewery will get deliveries about monthly of malted barley in the amounts of about 1000 pounds per delivery. The restaurant generates approximately 3 or 4 deliveries a day. The Building Department recommends 1000 pounds maximum of barley storage. In addition to using extra kitchen space, the applicant proposes to utilize a storage area within the existing restaurant for the brew operation. Net Leasable, as defined within the Land Use Code, does not include storage space. Because of the utilization of the storage space for the brewing operation, staff has interpreted that as an increase in net leasable of the existing operation. The required parking for the CC zone district is 2 spaces/1000 sq. ft. , of net leasable. Staff therefore recommends the mitigation of the increased parking required for the increase in net leasable. According to the plans, 324 square feet of new net leasable is being used which equals .64 parking spaces. (Pursuant to Section 5-301 (E) when any calculation of off-street parking results in a required fractional space, such fraction shall be rounded off to the next higher number of spaces if it is one-half or greater, but shall be disregarded if it is less than one-half space). Section 5-301 (E) was in place prior to the availability of cash -in -lieu. Thus, Staff is not recommending to round up to a full space ($15,000) and therefore the applicant's cash -in -lieu parking fee is $9720. As a matter of policy, which staff seeks from the Commission, a cash -in -lieu payment is recommended to be used for fractional spaces, especially in instances when another parking space is physically impossible on -site. Staff requests direction from the Commission to amend the Land Use Code to -enable the mitigation of fractional spaces via cash -in -lieu. As the Commission may recall, the Mezzaluna expansion generated a fractional parking space. Staff had recommended a cash -in -lieu payment but the Planning and Zoning Commission did not require mitigation because the increased parking was less than .5 parking spaces as specified within the Land Use Code. 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; RESPONSE: According to the application, each brew cycle begins with 350 gallons of water and ends with 870 gallons of water in the rinse down and tank cleaning, a total of 1220 gallons per cycle. The maximum number of brew is three per week. According 4 to the Water Superintendent, there is adequate water for this use. The applicant must install proper backflow devices. The 870 gallons of rinse and tank cleaning water is returned to the sewage line with specifications of: Total B.O.D. less than 300 parts per million; Suspended Solids less than 60 parts per million (ppm). According to The .Aspen Consolidated Sanitation District, the levels of discharge and their specification are acceptable. The B.O.D. and Suspended Solid discharge levels may never exceed the levels identified within this application. This new use represents a total of 474 square feet and would not create additional impacts upon the City's other services other than those already discussed. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; RESPONSE: The applicant attempted to deed -restricted a dwelling unit but it was within the "metro" area. Instead the applicant is offering a cash -in -lieu payment. The applicant proposes to utilize 324 square feet of new net leasable space. Calculating the mitigation at 3.5 employees/1000 sq. ft. net leasable in the CC Zone District, pro -rating the 1.13 employees generated for a mitigation of 60% of the 1.13 employees generated, the applicant shall mitigate for .67 employees. Although this is a food service related establishment, the employee, a Brewmaster, will be considered at a moderate income category. At this rate the cash -in -lieu equals $25,000 per employee. The total cash -in -lieu for this application is $16,700. 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: The application addresses all of staff's concerns regarding this use within the CC Zone District. The provision of employee housing and information regarding trash and brewing items complies with the standards laid out in Land Use Code. RECOMMENDATION: The Planning Office recommends that the Planning and Zoning Commission approve the conditional use with the following conditions: 1. Prior to the issuance of any building permit, the applicant shall: 5 a. pay cash -in -lieu of payable to the Finance Director with receipt to the Housing Authority and Planning Departments; and b. pay a parking fee to the Finance Department of $9720; 2. Prior to the pre -opening inspection by the Environmental Health Department and the Building Department, the applicant shall: a. install a stack condenser to eliminate odors vented to the outside; r b. submit Air Pollution Emission Notice to determine if a permit is required from the Colorado Air Pollution Control Division; C. install backflow devices to be approved by the Water Superintendent; and d. Aspen Sanitation Consolidated District approval for the discharge of 1220 gallons of waste water per brewing cycle. 3. As stated within the application the capacity of the brewing operation is 1000 pounds of on site storage of barely, a maximum of two brew kettles, Total B.O.D. less than 300 ppm and Suspended Solids less than 60 ppm, and a maximum of three brews per week. 4. The General Sanitary Regulations require an annual inspection by the Environmental Health Department of the brewing operation. It is during that inspection that 'the Department shall confirm that the condenser is in full and effective operation, the mash is being disposed of properly, (preferably as cattle feed as the application stated), and the capacity of the operation has not been increased as defined by the application in this approval. ATTAC 0 ENTS : Referrals: Engineering Environmental Health Building Housing Authority BFI Letter Citizen Letters A s BREW PUB PROPERTY NOYIFICATION LIST MR. D. KEN BROCK V 270 COUNTY' FARM RD., LITTLE ROCK, ARK 72212 f` R.P. FITZGERALD �•� 600 PALMER DRIVE L!'�KE HAVASU CITY, ARIZONA 86403 LESTER TURNER 101 BROA DWAY NASHVILLE, TE4N. 3701 W.T.. RAY J . B . SPEED 50 SCOTT� AVE. COOKEVILLE, TENN. 38501 R OBERT MCNEI LLY SIXTH FLOOR FIRST AMERICAN NATIONAL BANK NASHVILLE, TENN. 37237 TENNESSEE THREE TIRS. A.E. MILLER 3 506 HONEY�I�OOD DR. JOHNSTGIl CITY, TENN.. 37604 DON.�LD MCCANN ONE BRATENAHL PLACE CLEVELAND, OHIO 44108 PORTER & CAROL RODGERS 1300 S . MAIN ST . SEARCY, ARK. 72143 WILLIAM VAN ORS DEL EIGTH FLOOR v 400 LOCUST ST . DES MOINE,S, IOWA 50398 WRITE & ERIKA LINDNER 3403 207 th AVE.. S.E. ISSQUAH, WASH, 9$0?7 MC DONALDS CORP. 'P.O. BOA 66207 AMF O'HARE AIRPORT CHICAGO, ILL 60666 L&STER MORRIS- 100 SUNRISE AVE. PALIZ BEACH, FLA . 33480 WALL MORI.PGA GE 3c' FINANCE kD r SUI'TE 110 v 200 FILLMORE ST . DENVER , C 0 . 802.06 J OHN H CHEEK P.O. BOX 564 A S PEN , C O . 81612 CHRISTINE DE BARTOLO V' 104 MAGNOLIA LANE COVINr,TON, LA. 70433 MT. RESORT' TRU )T 730 17th ST. (f'' SUTTE 730 DENVER, CO, 80206 DINRAN DIMGTLIIIN r� 160 W. ?25 ST'. NEW YORK CITY, N.Y. 10463 RICHARD VOLK ,TRUSTEE UTA SUITE 3600 5847 SAN ►iELTPE FTOUSTON,- TEXAS 77057 HEINZ & ELA INE WOLF 1221 MYRTLE .AVE. SAN' DIEGO, CA. -02103 KERN THOYPKTNS At C O . 520 E. COOPER A,`j'PEN , C O . A1611 JAMES & ELAINE MC ')ADE V B-OX 3099 A'S PEN , C 0 . 81612 DOUGLA S ' THOMPKINS ASPEN ART SUPPLY 520 E. COOPER ASPEN, CO. 9161.1 STEPHAN KAEI,IN t� 557 N., MI.LL ASPEN, CO. `)16.1.1 ROCKY MT. EQUITY � nnORT` CO'. 419 E. COOPER ASPEN, CO. 81.611 GOLDEN HORN BLDG. LTD' P.O. BOX 4947 320 S. MILL ST* ASPEN, CO* 81612 ASPEN GROVE ASSOC. c/o MENAGERIE 525 E. COOPER, AVE. ASPEN, .CO. 81611 STEIN ERICKSON 407 S. HUNTER ST, VI ASPEN, CO. 81611 ,AJAX MT. ASSOC *,.LTD V- BOX 1709 ASPEN, CO. 81612 B & K A"" 3'OC'* 308 S MILL ST', V ASPEN; CO. 81611 ROARING PORK CONDO, HYMAN 419 E. ASPEN, CO., 81611 RYANCO PARTNER31 LTD QUITE 106 201 N, MILL ST_. ASPEN, CO.. 81611 /,RED ONION INVESTORS CHARLES ISRAEL 418 COOPER AVE. A33PEN 9 CO. 81611 'JAMES E-1. Cox ' ANTHONY E. COX 314 3, MILL ASPEN, CO. 81611 ,.'BERT BIDWELL BOX 567 ASPEN, CO, 81612 LIS SORENSEN BOX 9381 ASPEN, CO., 81612 JOHN MAKES-` ,4GALE SPRUCE 408 E. COOPER ASPEN, CO. 81611 ANFELINE GRIF?ITH T 530 NALNUT ST* ASPEN, CO* 81611 BIRKWOOD A330C*, BOX 3421 ASPEN, CO.. 81612 AMELTA L. KOPP ROBERT ZAPANCIS- BOX 100 ASPEN q CO. 91612 -1 D.J.. & D.M. FLET , 'DH'l_,,lR 401 E.COOPER ASPEN, Co.. 81611. KAREN DAY TTTJD0,)ON 419 E. COOPER ASPEN, CO. 81611' MARS PEYTON SUITE_ 1 409 E-.,. COOPER ASPEN, CO. 81611 TED KOUTSOUBOS- 419 E, HYMAN ST_. ASPEN, CO. 81611 Leonard weinglass c/o PEP'S 52'5 E. COOPER ASPEN, CO_., 81611 RI'CHARD WOODS UNICORN BATLOON CO. 1313 WEST BUTTERMILK ASPEN, CO. 81611 ROBERT BROWER UNIT C'_l 423 E. HYMAN ASPEN, CO. 81611 DONALD & DAVID FLETSHER 401 E. COOPER ASPEN, CO. 111611, GUIDO MEYER BOX 17 9 9 ASPEN . C'O.- 81612 i RFTA 419 S. MILL ST, ASPEN, CO 81611 Jf F G� LTD PARTNERSHIP 114 MT, LAUREL DR, aspen,. cro. 81611 ARCADES ASSOC', LTD MICHAEL H. JEROME c/o AERSCAPE LTD 314 S.- MILL ASPEN, CO. 81611 T & E RESTAURANT'GORPO BOX 4069 ASPEN, CO. 81612 DURANT GALENA CONDO,. BOX 1709 ASPEN, CO. 81612 BRUCE CARLSON BOX 3587 ASPEN, CO, 81612 ANDRE ULYRICH BOX 2202 ASPEN, CO. 81612 JAMES NOWERY HAROLD QUINN 100 TRVIS PLACE SHREVEPORT, LA. 71101 j C� d -f� Fr�� t�� ow. � � �� ss ,� r� �e s— t �� dux t%�a '� b� ��� p�ev� GU �i'r� y (�ree k �' �' pit- s (� . llu- b�1 !��a ��l! �1 6a�ti Gc��hl����c�Q �p�r o�'�e . // �a� A4y LJ�,�i ���2M1y�CY -`° (0) IV551„ * : , a � Ilv TO: Planning and Zoning Commission FROM: Kim Johnson, Planning Office RE: Pre -Application Discussion of Meyer Parcel Affordable Housing Proposal DATE: January 30, 1991 Joe Wells and Harley Baldwin submitted the attached information as background for discussion of a subdivision concept. Included in the E. Cooper (HWy.82) project would be five free-market single family lots and an AH parcel containing 20 deed restricted units. An important consideration for affordable housing projects is parking: how much is enough, auto "disincentives", etc. Joe and Harley seek your input and reaction to access, location, and number of spaces for parking for the affordable units. This will help guide them in their upcoming design efforts. attachments Joseph Wells ah Wells, AICP Lind Planning and Design January 30, 1991 Aspen Planning & Zoning Commission c/o Aspen/Pitkin Planning Office 130 South Galena Aspen CO 81611 AtN30: _. To The Members of the Aspen Planning & Zoning Commission: I am writing to you on behalf of Harley Baldwin, who would like to propose an AH project on the Meyer property adjacent to the Crestahaus. The vacant 102,500 sq.ft. parcel is presently zoned R-15 (PUD) (82,771 sq.ft.) and LP (19,726 sq.ft.). The initial concept for the project is to build approximately 18,500 sq.ft. of multi -family affordable housing (3 level structures) on the lower portion of the site and to subdivide 5 freemarket lots on the upper portion. Depending on whether the City supports an auto - disincentive program and a consequent reduction in the amount of surface parking to be required for the restricted housing, it may be possible to increase the amount of restricted housing provided on the lower parcel. At the present time, one parking space per unit has been assumed. The site is within easy walking distance of the commercial core and is adjacent to two transit routes and therefore seems to be an excellent candidate site for aggressive auto restrictions. The project is well within the AH --'zone district requirements, as follows: 1. Land required: A. Land consumed by freemarket lots: 5 freemarket lots of 12,300 to 13,550 sq.ft. B. Land within access easement: 130 Midland Park Place, Number F2 Aspen, Colorado 81611 Telephone (303) 925-8080 Facsimile (303) 925-8275 = 65,000 sq.ft. = 10,497 sq.ft. Aspen Planning & Zoning Commission January 30, 1991 Page Two C. Balance of land remaining for restricted units: 102,497 sq.ft. - (65,000 + 10,497 sq.ft.) _ D. Land required for restricted program: 10 2BR units @ 800 sq.ft. of land: 10 3BR units @ 1,200 sq.ft. of land: 2. Floor area calculations: A. Estimated floor area of restricted units: 10 3BR units @ 1,000 sq.ft. 10 2BR units ' @ 850 sq.ft. 27,000 sq.ft. 8,000 sq.ft. 12,000 sq.ft. 20,000 sq.ft. (less than 27,000 sq.ft.) 10,000 sq.ft. 8,500 sq. f t. 18, 500 sq. ft. FAR of restricted project is 18,500 . 37,497 = 0.7:1 (An FAR of 1.1:1 is permitted on sites of 27,000 sq.ft. or less.) 3. Maximum height: 25'; 30' by Special Review 4. Percent of open space: by Special Review 5. Parking: by Special Review to a maximum of 1 space/BR or 2 spaces/unit The project also complies with the -unit and bedroom mix restrictions of the AH zone, as follows: 1. Ratio of restricted to total units = 20/25 = 80% (greater than 70%) 2. Ratio of restricted to total bedrooms = 50/70 = 71% (greater than 60%) We are looking forward to discussing this conceptual project . with you at your February 5 meeting. Sincerely, Joseph Wells, AICP JW/b cc: Harley Baldwin