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HomeMy WebLinkAboutagenda.apz.19901204 I' c ro- \",.., AGENDA --------------------------------------------------------------- --------------------------------------------------------------- ASPEN PLANNING AND ZONING COMMISSION. REGULAR MEETING December 4, 1990, Tuesday 4:30 P.M. 2nd Floor Meeting Room City Hall I. COMMENTS Commissioners Planning Staff Public II. MINUTES III. PUBLIC HEARINGS A. Silver City Grill Conditional Use Review B 1000 East Hopkins Avenue IV. NEW BUSINESS A. County Referral -- Health & Human Services Bldg. VI. ADJOURN a.cov ~ MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planner RE: Silver City Grill Conditional Use DATE: December 4, 1990 SUMMARY: The applicant seeks to operate a restaurant in the C-1 Zone District. A restaurant is a conditional use in this zone. The applicant has bought the lease for the space once occupied by Lauretta's. There is no record of a conditional use approval for Lauretta's. Staff believes that the Commission's caution regarding restaurants in the C-1 zone and the lack of a conditional use for this restaurant space necessitates a review of this proposal. APPLICANT: Phil Weir LOCATION: 308 South Hunter Street ZONING: C-1 APPLICANT'S REQUEST: To operate a restaurant for lunch and dinner. Environmental Health: Maria Cook of the Environmental Health Department, reviewed the application and commented that the applicant's proposed seating capacity of 24 seats does not conflict with the previously approved seating in consideration for the available toilet facility of the former food service operation. If the applicant were to change the proposed Flat - Griddle type of operation the installation would not be approved without the use of an alternate emission -control device. In addition the ventilation -system installation must meet the requirements of the 19988 Uniform Mechanical Code. Please see the attached referral comments. STAFF COPOIENTS: The applicant proposes to begin operation of a hamburger restaurant including take-out in a location that was recently occupied by a food establishment, Lauretta's. Prior to Lauretta's, the Yogurt Cafe occupied this space. There is no record of conditional use approval for either of these establishments. However in 1977 a conditional use 'was granted for the Chocolate Solider. The Chocolate Soldier was the first occupant of the newly constructed space and was a candy store. In 1977 staff's general concern was with food service uses that utilized "sit-down restaurant service". There were no conditions of approval with the 1977 approval. Technically the changing uses that have occurred ;in that space after the Chocolate Soldier should have been an amendment to the 1977 conditional use approval. Staff believes that because a food service operation never received a formal conditional use review that the changing ownership precipitates review by the Commission. As conditional uses change hands, there may be a tendency to intensify or alter the intent of the use. For example: increase the number of employees and/or shift from a local oriented use to a more tourist oriented business thus becoming incompatible with the intent and goals of the C-1 Zone District. Section 7-304 of the Land Use Code sets out the standards for conditional use review: 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: According to the Aspen Area Comprehensive Plan the location of the proposed restaurant is within .the Central Area. The purpose of the Central Area is to allow commercial activity. The purpose of the C-1 Zone District is to provide for the establishment of commercial uses which are not primarily oriented toward servicing the tourist population. The recent business was a popular local oriented food establishment. . The proposed restaurant has committed to serving the local population. The applicant intends to provide hamburger, shakes, fries, hot dogs and beer in a price range of $3.25 to $5.00. Phil proposes to offer quick take-out service for locals with limited seating, not to exceed 24 seats. 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 space was a restaurant and there is another restaurant directly below. The location of this space is across the street from the CC zone and is within the vicinity of other commercial activity and at the end of the building which abuts the alley. There are no residential uses within proximity of this building. The location of this use is within easy walking distance for employees who work within the center of town. 6 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 restaurant has operated in this location for several years. Before Lauretta's, the Yogurt Cafe operated in this space. It is anticipated that the change in restaurant operation will not create additional impacts. The space, 700 square feet, will not be expanded for this new business. The configuration of the building and the space proposed for the Silver Grill is situated in such a manner that the exhaust system vents to a side of the building that is relatively isolated from other human activity or building windows. The Environmental Health Department has noted that is the applicant were to change the Flat Griddle operation for a Charbroiler type unit, the installation will not be approved without the use of an alternate emission -control device such as an electrostatic precipitator, grooved griddle or afterburners. 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: No expansion of the space is proposed only an interior remodel. According to the Environmental Health Department, the existing public facilities are adequate to service the proposal. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. RESPONSE: According to the application there will be a total of 5 employees including the owner equaling 2.5 full time employees. The affordable housing criterion requires an applicant to supply housing to meet the incremental need. According to an affidavit from Lauretta she employed 9 full-time employees. .Although the employee base for a food service business was never assessed, staff does not believe that the changing ownership of this commercial space should now compensate for the lack of enforcement in the past. In addition, as the standard above indicates, an applicant shall only be required to mitigate the incremental increase in employees. This change in operation represents a downsize of the previous use. If the restaurant begins to employ more than 9 full-time employees than the applicant should be required to mitigate the housing impacts. A cash -in -lieu payment of $35,000 per employee (low-income 3 category) may be used or off -site housing may be purchased to mitigate the impacts. 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 proposal is only a change in the type of food - service provided with some minor interior remodeling. The use complies with the goals of the Aspen Area Comprehensive Plan and meets all the applicable requirements of the Land Use Code. This conditional use review should, however establish as a base line for future reivews the number of employees and number of customer seating: 5 employees and 24 seats. Any intensification in operation that proposes to increase either the employee base or number of seats would require an amendment to this conditional use. RECOMMENDATION: The Planning Office recommends that the Planning and Zoning Commission approve the conditional use with the following conditions: 1. Odor complaints shall require review and monitoring of the restaurant. Emission control devices may be required. 2. If the applicant were to change the proposed Flat -Griddle type of operation the installation would not be approved without the use of an alternate emission -control device. In addition the ventilation -system installation must meet the requirements of the 1988 Uniform Mechanical Code. 3. If the restaurant begins to employ more than "9 full-time employees then the applicant shall be required to mitigate the housing impacts. A cash -in -lieu payment of $35,000 per employee (or current amount as indexed by the Housing Authority) may be used or off -site housing may be purchased to mitigate the impacts. 4. This conditional use establishes a base line operation for this commercial space of 9' full-time employees and 24 customers seats. Any upgrade in service e.g. number of employees or seats shall constitute a change to the conditional use and shall require an amendment to this conditional use approval. 4 core or public recreational facilities in the City. Given the location of this project approximately 5 blocks from the commercial core, it is reasonable to expect that auto trip generation will be lower than average for this type of use. It should be clear to prospective residents that parking is limited on -site. Parking spaces for each unit should be designated within the garage. GMQS Exemption for Reconstruction of 4 Units and Construction of 4 Deed Restricted Units: The Planning Director has the authority to grant exemption for reconstruction of dwelling units as long as no additional units are created and housing replacement requirements are met. Staff will prepare the appropriate document for the Planning Director's signature. The City Council is requested to grant exemption for the four affordable housing units. These shall be deed restricted according to the terms of the Settlement. Vesting of Development Rights: The applicant will request that City Council grant vested development rights for a period of three years. STAFF RECOMMENDATION: Planning staff recommends approval of the proposed multi -family development with the following conditions: Prior to this project being scheduled for review by City Council: 1. The applicant shall submit a plat to Engineering for their comments. Prior to filing the Subdivision/PUD Plat: 2. A Subdivision Agreement shall be filed concurrently with the Final Plat. 3. The Final Plat shall dedicate a fisherman's easements in the Roaring Fork River including the land along the bank measured 5 feet horizontally . r 4. A 15' trail easement being bounded on the north by the 100 year floodplain line shall be dedicated on the plat. 5. The garage entry drive must not exceed 12% grade for a 20' distance from the property line. 6. Excavation permits are required for curb and gutter and sidewalk improvements and for any other work in the public right- 7 of -way . 7. The applicant shall agree to join a Special Improvement District if one is ever formed. S. The Applicant shall pay for sewer line replacement as determined by the Sanitation District. 9. Heavy vehicle access must be provided for sewer line maintenance. 10. The drainage plan for the site shall include oil and sand interceptors for the garage. Surface run-off shall not enter the sanitary sewer. 11. Fire alarm and sprinkler systems shall be designed and installed as per the Fire Marshal's requirements. 12. The applicant shall reduce the floor area of the free market units to 3,000 s.f. to conform to the terms of the Settlement and deed restrict two units to category.#2, one unit to category #3', and one unit to category #4. If reducing the free market area is not acceptable to the applicant, the four affordable housing units shall be indexed to the Housing Guidelines for category #1 occupancy. 13. Vegetation protection and erosion control methods (fences, haybales, etc.) shall be installed at the perimeter'of parcel 1 prior to any excavation or clearing and shall remain throughout construction. 14. Tree removal permits shall be obtained from the Parks Department prior to removal of any tree 6 inch caliper or over. 15. The parking spaces shall be assigned to units on the Subdivision/PUD Plat as well as in the garage. Four spaces are allotted for the affordable units, eight to the free market units. 16. The Planning Director shall sign off on a GMQS Exemption for the four free market replacement dwelling units. The Final Subdivision/PUD Plat complying with all Engineering standards contained in Section 7-1004 D.2.a. shall be filed with the Pitkin County Clerk and Recorder's Office within 180 days of approval by City Council. Attachments: "A" - Litigation Settlement Summary, Myler, Stuller & Schwartz, 4/10/90 "B" - Development Data, Architectural and Site Plans "C" - Referral Comments jtkvj/1000hop.memo 8 MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: 1000 East Hopkins: Consolidated two-step Subdivision/ PUD Review (public hearing), and Stream Margin Review DATE: November 26, 1990 SUMMARY: The Planning Office recommends approval of this project with conditions. This development proposal is based on resolution of a suit (the Settlement) between the City of Aspen and the property owner. APPLICANT: Valley Hi Development Trust, represented by Sunny Vann LOCATION: 1000 East Hopkins, Lots A and K Block 25 and lots H, I and S Block 26, Townsite of Aspen. The parcels include the abandoned Cleveland St. r.o.w. ZONING: Block 25: R/MF, Block 26: R-15 APPLICANT'S REQUEST: In order to redevelop the property, the applicant requests Subdivision and PUD approval, Stream Margin Review, and GMQS Exemption for reconstruction of 4 of the existing Valley. Hi units as well as 4 affordable housing units. The project will also request from Council vesting of development rights for three years. As part of the Settlement, it was agreed that the review for PUD approval will be consolidated. into a two-step process. Public Hearings will be held at both Planning Commission and City Council. Please see Attachment "A" for Settlement summary. Attachment "B" contains Development Data, site and architectural plans. REFERRAL CONKEWS: Complete referral memos are compiled in Attachment "C". Highlights are as follows: Engineering: - Garage entry drive must not exceed 12% grade for a 20' distance from the property line. - The proposed trail easement should be 15' wide with north boundary coinciding with the 100 year floodplain boundary. - Excavation permits are required for curb and gutter improvements, and any other work in the public R.O.W. - A 5' fisherman's. easement along the riverbank is recommended. 1 - The applicant shall agree to join a Special Improvement District if one is ever formed. - A Final Plat must be submitted and approved by Engineering prior to this application being scheduled for review by City Council. I Sanitation District: - Treatment capacity is sufficient. - Line replacement for collection system used by this project will cost the applicant approximately $20,000. - Access right-of-way for heavy equipment must be provided for line maintenance. - Drainage design for garage shall include oil and sand interceptor. Surface run-off shall not enter sanitary sewer. Fire Marshal: - Residential sprinkler system shall be installed. - Fire alarm system shall be installed. Water: - Development not to exceed 211 domestic line, not including irrigation. - No credit will be given for old tap fees. Housing Authority: The Settlement conflicts with Housing Guidelines on several points: the percentage of replacement with affordable housing units; the affordable units offered for sale to the free market unit owners for first refusal; net livable square footage of the affordable units (750 s.f.) qualifies for low-income only; and the cash -in -lieu payment of $45,000 for 3 bedrooms does not meet the Housing Authority's guidelines for 5.25 low-income employees. Recognizing that this proposal results from a negotiated settlement, Housing staff would hope that GMQS Exemption be granted with the following conditions of approval: - The affordable units be sold or rented to qualified moderate income employees as defined by the guidelines in effect at the time of sale or rental of the units. - Cash -in -lieu payment for '5.25 low income employees be made (current calculation: $183,750) prior to issuance of Building Permit. - Increase the size of the affordable units to 1,000 s.f. so that they meet Housing Guidelines for moderate income units. . PROPOSAL: This project calls razing the existing 22 unit Valley Hi Apartments. New development will consist of a multi -family structure including 4 three -bedroom free market units (3,345-s.f. K each) and 4 two -bedroom affordable housing units (750 s.f. each). The Settlement requires that three of the units be indexed as "moderate", and one be indexed as "middle" income units. Twelve parking spaces will be provided underground at one space per affordable unit, two spaces per free market unit. The Settlement provides that the project will be reviewed as a Planned Unit Development in order to permit dimensional and parking variances. The project seeks variance to the rear yard setback (zero setback on parcel 1) and building height (two feet). The R/MF parking requirement is one space per bedroom. This would be 20 spaces except that the Settlement requires that only 12 spaces must be provided. STAFF COMMENTS: According to the terms of the Settlement, the 4 free market units were to be 3,000 s.f. each. The application proposes each of these units to be 31345 s.f. This is inconsistent with the Settlement. In light of comments from Housing regarding the insufficient size of the affordable units if indexed as Category 2,3 or 4 (Moderate and Middle), staff feels that the free market units should be reduced and the size of the affordable units increased to comply with the Housing standards for net livable area. If this is not architecturally possible, then the affordable units should be indexed at Category 1 Low income units for determining sale or rental rates. If this option is not agreed to by the applicant, then the free market units should be reduced to 3,000 s.f. each_as per the Settlement terms. With, either option, it should be noted that at the time the Settlement was developed,there were only three housing index categories for deed restricted units: low, moderate, and middle. Four categories are currently used by the Housing Authority: #1- low; #2 and #3 - moderate; and #4 - middle. In the spirit of the intent of the Settlement, Planning staff recommends that if all four units are not indexed as low income units, they now be indexed to today's categories as follows: two units as category #2, one unit as category #3, and the fourth unit at category #4. The 1.1:1 FAR on parcel 1 granted by the Settlement is approximately 14,800 s.f. Of the additional .1 FAR allowed by special review criteria, 2/3 must be used for affordable housing. This equals 893 s.f. which is exceeded with the 1,500 above -grade FAR of the affordable units. Density/lot area requirements for the R/MF zone have been met with this application. Stream Marton Review: The Planning Commission shall review the proposal for compliance with the review criteria listed in Section 7-504 of the Land Use Code: No development shall be permitted within one hundred feet (1001), measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within the Special Flood 3 Hazard Area where it extends beyond one hundred feet (100') from the high water line of the Roaring Fork River and its tributary streams, unless the Commission makes a determination that the proposed development complies with all the standards set forth below. 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood -elevation on the parcel proposed for development. This- shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off -site which compensate for any base flood -elevation increase caused by the development. RESPONSE: The development takes place entirely on parcel 1 and is not is not located in the Special Flood Hazard Area. The building envelope is approximately 12' higher than the 100 year flood elevation. 2. Any trail on the parcel designated on the Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/Trails Plan map is dedicated for public use. RESPONSE: An existing (but not dedicated) footpath exists along the river on parcel 2. The applicant proposes to dedicate and describe an easement for this trail on the final subdivision plat. Engineering requires this easement be 15' wide and recommends that it parallel the 100 year floodplain boundary. Also recommended is the dedication of a fisherman's easement in the river including 5' of bank, measured horizontally. 3. The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. RESPONSE: Keeping parcel 2 in 'its natural state complies with the intent of the Plan to maintain riparian vegetation -and animal habitats. 4. No vegetation is removed or slope grade changes made that produce erosion and sedimentation of the stream bank. RESPONSE: The application states that substantial vegetation must be removed on parcel 1. However, the construction is far enough from the stream bank to have any direct impact on the river. Erosion control techniques (haybales etc.) are offered by the applicant to prevent sedimentation of the river. Staff also recommends that barrier fencing be placed along the perimeter of parcel 1 to keep men and machinery out of the slope areas. 4 5. To the greatest extent practicable, the proposed development reduces pollution and interference with the natural changes of the river, stream or other tributary. RESPONSE: The project is too far from the river to have any impact to the river course. Drainage requirements address site generated runoff pollution. 6. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency. RESPONSE: No notice is required as no alteration is proposed. 7. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished. RESPONSE: As no alteration is proposed, a specific guarantee is needed. 8. Copies are provided of all necessary federal and state permits relating to work within the one hundred (100) year floodplain. RESPONSE: The project is not in the 100 year floodplain. Subdivision: Section 7-1004 C. describes the review standards for any land to be used for multi -family or condominium use. In summary, the application conforms to the general review standards for Subdivision. It is consistent with the 1973 Land Use Plan and character of existing land uses in the neighborhood. The. Settlement determined those project elements non -conforming to R/MF standards which may receive variances within the PUD review framework. Otherwise, the project complies with the R/MF requirements and Stream Margin Review criteria. The proposed subdivision does not create any governmental inefficiencies, duplication of facilities, or unnecessary public costs. All costs for utility extensions as well as the line repairs noted in the 10/30/90 referral comments from the Sanitation'District will be paid by the applicant. The applicant is attentive to easement needs and clearances for the sewer line on adjacent property to the east and in the alley. Sidewalks are proposed to be in compliance with the Pedestrian and Bikeway Plan. Curb and gutter will be installed along the street. 5 The project is served by two fire hydrants. The Fire Marshal also indicates that the building must be sprinklered and served by an alarm system. Historic drainage flows will be maintained with', drywells and surface detention. A detailed drainage plan will be submitted with the final subdivision plat. Planned Unit Development Review: The Settlement dictates that this project be reviewed as a PUD to permit variances to the rear yard setback, maximum height, and minimum parking requirement. Sections 7-903B.4. and 5. allow for these variances. The project is mostly consistent with the basic requirements and review standards for PUDs which are similar to the standards already reviewed for Subdivision. The application does not address a development schedule. However, project representative Sunny Vann verbally indicated that construction will take place next spring pending real estate market activity. As the project seeks three year vested rights status from Council, the project must be constructed within that time frame in order to retain the development right under this approval. The requested yard and height variances are to facilitate the location of the affordable units. The rear of the structure rests directly on the property line abutting the undeveloped alley for a zero setback. There will be little impacts to adjacent properties resulting from the rear setback variance. The height variance accommodates the affordable units at the rear of the structure. It is difficult to determine if the requested variance extends towards the street to include the living area of the free market units. It appears that the building design would still work even if the height of the free market living room had to be lowered to comply with the 251 R/MF height limit. Required parking may be varied within a PUD review. The parking requirement in the R/MF zone is one space per bedroom (20 spaces for this proposal.) The Settlement declares that 12 spaces must be provided. Five standards must be considered for a PUD parking variance: a. The probable number of cars used by those using the proposed development. b. The parking needs of any non-residential uses. C. The varying time periods of use, whenever joint use of common parking is proposed. d. The availability of public transportation facilities, including those for pedestrian access And/or the commitment to utilize automobile disincentive techniques in the proposed development. e. The proximity of the proposed development to the commercial 2.1 core or public recreational facilities in the City. Given the location of this project approximately 5 blocks from the commercial core, it is reasonable to expect that auto trip generation will be lower than average for this type of use. It should be clear to prospective residents that parking is limited on -site. Parking spaces for each unit should be designated within the garage. GMQS Exemption for Reconstruction of 4 Units and Construction of 4 Deed Restricted Units: The Planning Director has the authority to grant exemption for reconstruction of dwelling units as long as no additional units are created and housing replacement requirements are met. Staff will prepare the appropriate document for the Planning Director's signature. The City Council is requested to grant exemption for the four affordable housing units. These shall be deed restricted according to the terms of the Settlement. Vesting of Development Rights: The applicant will request that City Council grant vested development rights for a period of three years. STAFF RECOMMENDATION: Planning staff recommends approval of the proposed multi -family development with the following conditions: Prior to this project being scheduled for review by City Council: 1. The applicant shall submit a plat to Engineering for their comments. ' Prior to filing the Subdivision/PUD Plat: 2. A Subdivision Agreement shall be -filed concurrently with the Final Plat. 3. The Final Plat shall dedicate a fisherman's easements in the Roaring Fork River including the land along the bank measured 5 feet horizontally . 4. A 15' trail easement being bounded on the north by the 100 year floodplain line shall be dedicated on the plat. 5. The garage entry drive must not exceed 12% grade for a 20' distance from the property line. 6. Excavation permits are required for curb and gutter and sidewalk improvements and for any other work in the public right- 7 of -way. 7. The applicant shall agree to join a Special Improvement District if one is ever formed. 8. The Applicant shall pay for sewer line replacement as determined by the Sanitation District. 9. Heavy vehicle access must be provided for sewer line maintenance. 10. The drainage plan for the site shall include oil and sand interceptors for the garage. Surface run-off shall not enter the sanitary sewer. 11. Fire alarm and sprinkler systems shall be designed and installed as per the Fire Marshal's requirements. 12. The applicant shall reduce the floor area of the free market units to 3,000 s.f. to conform to the terms of the Settlement and deed restrict two units to category #2, one unit to category #3, and one unit to category #4. If reducing the free market area is not acceptable to the applicant, the four affordable housing units shall be indexed to the Housing Guidelines for category #1 occupancy. 13. Vegetation protection and erosion control methods (fences, haybales, etc.) shall be installed at the perimeter'of parcel 1 prior to any excavation or clearing and shall remain throughout construction. 14. Tree removal permits shall be obtained from the Parks Department prior to removal of any tree 6 inch caliper or over. 15. The parking spaces shall be assigned to units on the Subdivision/PUD Plat as well as in the garage. Four spaces are allotted for the affordable units, eight to the free market units. 16. The Planning Director shall sign off on a GMQS Exemption for the four free market replacement dwelling units. The Final Subdivision/PUD Plat complying with all Engineering standards contained in Section 7-1004 D.2.a. shall be filed with the Pitkin County Clerk and Recorder's Office within 180 days of approval by City Council. Attachments: "A" - Litigation Settlement Summary, Myler, Stuller & Schwartz, 4/10/90 "B" - Development Data, Architectural and Site Plans "C" - Referral Comments jtkvj/1000hop.memo 8