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HomeMy WebLinkAboutagenda.apz.19880920 AGENDA ASPEN PLANNING AND ZONING COMMISSION September 20, 1988 - Tuesday 4:30 P.M. Old City Council Chambers 2nd Floor City Hall REGULAR MEETING I. COMMENTS commissioners Planning Staff II. MINUTES III. PUBLIC HEARINGS A. Fry By Night Conditional Use B. Rio Grande conceptual Spa Amendment, Stream Margin Review IV. ADJOURN MEETING Note: The City Council meeting with Historic Preservation Committee is on Thursday, September 22nd. a.cov MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Cindy Houben, Planning Office RE: Fry by Night Conditional Use DATE: September 20, 1988 APPLICANT: Paul Dudley REQUEST: Approval of a Conditional Use to operate a restaurant in the C-1 zone district. LOCATION: Centennial Square Building, 308 S. Hunter Street, Block 100 1/2 of Lots A, B, and C,; where the existing Fry By Night is located. DESCRIPTION OF THE PROPOSAL: The applicant proposes to operate a full service restaurant in the C-1 zone district. This requires a Conditional Use approval by the Planning Commission. The existing approval for Fry B Night states that a kitchen is not allowed in this operation• The food is to be cooked elsewhere and brought to the operation. Paul Dudley is now requesting to operate a full service restaurant which includes an on -site kitchen, bar and outside patio dining. The use of the patio for outdoor dining is a use which must be reviewed pursuant to section 3-101. The proposal is for a total of 60 seats in 2000 square feet of restaurant. The applicant plans to expand into the adjacent, vacant store area. REFERRAL COMMENTS: ENGINEERING: In a memorandum dated September 8, 1988 the Engineering Department made the following comments: 1) Pursuant to section 5-210 (e) in the Aspen Land Use Regulations, the applicant is required to provide three off-street parking spaces for his 2000 square feet of commercial space. The applicant has indicated there are only three off-street parking spaces available for the entire building. 2) The location of the existing 2 yard dumpster is now within the 20 feet right-of-way of the alley adjacent to this building. Since Code requires an emergency access width of twenty feet in an alley, it is our recommendation that this dumpster be relocated. ENVIRONMENTAL HEALTH: In a memorandum from the Environmental Health Department, Lee Cassin makes the following comments: AIR QUALITY: If a charbroiler is installed it will have to be equipped with an electrostatic precipitator or equivalent control device approved by this office. The operator should be aware of the Aspen Clean Indoor Air Act which requires signs at the entrance and prohibition of smoking in the establishment. CONFORMANCE WITH OTHER LAWS: The Colorado Rules and Regulations Governing the Sanitation of Food Service Establishments makes no distinction between coffee shops and restaurants. The limited food preparation that was done in the coffee shop may mean that for a more full -service menu, additional equipment may have to be purchased. The outside patio was never approved by' this office. Our approval is required for addition of seats. Therefore, outside seats may not be allowed without additional bathroom facilities. For 60 total seats, if no other food service establishments are sharing the restroomsf the requirement is one toilet, one sink and one urinal for men, and one toilet and one sink for women. These re'strooms must be available to customers whenever the establishment is open. Prior to any construction or remodeling or equipment purchase, the operator will need to contact this office with plans. STAFF COMMENTS: 1. The definition of a restaurant includes a provision which states if a restaurant is located off ground level that it shall have the use of an elevator or dumbwaiter for service access. The definition reads as follows: "Restaurant means a commercial eating and drinking establishment where food is prepared and served indoors, for consumption on or off premises. A restaurant shall only be permitted to prepare or serve food outdoors, in required open space, when approved by the Commission pursuant to Sec. 3-101, Open Space. A restaurant shall be required to have service delivery access from an alley or other off-street service delivery area. If the restaurant is located off ground level, it shall have use of an elevator or 2 Health regulations. ---- -'"' ""'" L11 V li ulime-nLal In summary, the Planning Office generally agrees with the applicant that the restaurant should be approved as a conditional use inthe C-1 zone district, however it is important that specific representations become conditions of approval with regard to the operation in order to insure that it is not primarily a tourist oriented commercial use. 4. The applicant is requesting that outdoor dining be allowed in the below grade court yard area. Section 3-101 states that this activity may occur in required open space if it is compatible with or enhances the purpose of these open s ace requirements and that ade p vehicles access will be mainttaa ned pedestrian and emergency .The application did not adequately illustrate the proposed seating arrangement, therefore, the Planning Office recommends that the outdoor dining request be reviewed at a later date. RECOMMENDATION: Approval of the Dudley's/Fry By Ni_ght__Restaurant in the C-1 zone district as a Conditional Use with the following conditions of approval: g 1• All representations of the applicant shall be considered conditions of approval. 2. The applicant shall comply with the Environmental Health requirements as listed in their memorandum dated August 17, 1988. \Y Y �. The restaurant shall remain open for a majority of the off seasons and the menu shall be of a type and price structure to serve the local residents. 4. The applicant shall remove the trash receptacles from the public right-of-way prior to opening the restaurant. r 6 5. The applicant shall submit drawings of the proposea ouLuuuL dining area in order for these to -be reviewed by the Planning Commission pursuont to Section 3-103. 5�. .The applicant shall submit $_4-5.,;000 for parking cash in lieu at such time diner is served ac the Dudley's/Fry By Night restaurant. 7. ThP pullout --area. at :the-back---of-=the-bu-rlding shall be used t-o-r service access to the restaurant and shall include a ramp entrance. 8. No services shall ne made via the front handicap ramp. No parking shall be allowed in the back pull out service area. ch . f ry Mul�lu • : 1►. TO: Aspen Planning and Zoning Commission FROM: Cindy Houben and Tom Baker, Planning Office RE: Rio Grande Snow Melt Facility/SPA Amendment/Stream Margin Review -Public Hearing DATE: September 20, 1988 APPLICANT: City of Aspen REQUEST: SPA Amendment approval for a Snow Melting Facility on the Rio Grande, Stream Margin Review for bank stabilization, and storm drainage modification. LOCATION: Rio Grande (Aspen One Property) ZONING: PUB/SPA DESCRIPTION OF THE PROPOSAL: The applicant requests the placement of a new snow melter facility and its associated snow storage and upgrading of an existing storm drainage system into the Roaring Fork River. These activities require a Stream Margin Review. In addition, bank stabilization on the east side of the Roaring Fork River and side channel dredging on the east side of the Rio Grande property require Stream Margin Review. Since the Rio Grande parcel is designated SPA, and since and SPA Plan has not been adopted yet for this site, existing conditions are considered to be the "Plan" for "the property. An SPA Amendment must also be processed concurrently. This requires processing pursuant to the procedures for a "Final Development Plan", which necessitates a public hearing by the Commission. The Engineering Department staff will be present at the meeting to answer any technical questions. It is proposed that the snow melter facility will release approximately 160 gallons per minute when snow is placed into the machine. The water will flow from the snow melter to the settling ponds through the existing ditch system. The applicants also propose to do work along and within the Roaring Fork River to improve the flood carrying capacity in the area of the Aspen One property. This is proposed for this year as well as subsequent years as needed. REFERRAL COMMENTS: 1. Engineering: The Engineering Department comments are in the