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Home My WebLink Aboutcoa.lu.ca.Neighborhood commercial.71A-8971A-89 CI ASPENTITKIN PLANNING OFFICE �% 130 South Galena Street '] t f� �"(�/ Aspen, Colorado 81611 (303)920-5090 LAND USE APPLICATION FEES City 00113 -63250-134 GMP/CONCEPTUAL -63270-136 GMP/FINAL -63280-137 SUB/CONCEPTUAL -63300-139 SUB/FINAL -63310-140 ALL 2-STEP APPLICATIONS G J- O v -63320-141 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00115 -63340-163 ENGINEERING SUBTOTAL County 00113 -63160-126 GMP/GENERAL -63170-127 GMP/DETAILED -63180-128 GMP/FINAL -63190-129 SUB/GENERAL -63200-130 SUB/DETAILED -63210-131 SUB/FINAL -63220-132 ALL 2-STEP APPLICATIONS -63230-133 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS -63450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00113 -63360-143 ENGINEERING PLANNING OFFICE SALES 00113 -63080-122 CITY/COUNTY CODE -63090-123 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER SUBTOTAL TOTAL -r Name: t7 G -e t Phone: —t11 Address: / 0 E Q S DUICLI i Project: Jd Y !` iYtert.d/Y9Pn Check # Date: / 4 illp C/ Additional billing: #of Hours:______ F7 L_J CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 7/10/89 DATE COMPLETE: PARCEL ID AND CASE NO. 71A-89 STAFF MEMBER: L25 \ . 9- PROJECT NAME: Code Amendment/NC Zone District Project Address: Legal Address: APPLICANT: Olivier Mottier, Alain Laval/Jour De Fete Delicatessan Applicant Address: 710 E. Durant Aveneue REPRESENTATIVE: Jim Colombo Representative Address/Phone: P. O. Box 1206 5-7806 PAID: YES NO AMOUNT: $1,500. NO. OF COPIES RECEIVED: 1 TYPE OF APPLICATION: 1 STEP: 2 STEP: —X P&Z Meeting Date a -a PUBLIC HEARING: YES NO 0- CC Meeting Date VESTED RIGHTS: YES NO PUBLIC HEARING: YES NO 0,�,\ `' ,ue VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: Bowe City Attorney Mtn. Bell School District City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other Aspen Consol. Energy Center S.D. DATE REFERRED: 7 MP?INITIALS: Z/"1 FINAL ROUTING: DATE ROUTED: INITIAL: City Atty City Engineer Zoning Env. Health Housing Other: FILE STATUS AND LOCATION: Reaular Meetina Aspen City Council November 13, 1989 lot 1. Mayor Stirling said he does not feel Council had sufficient tools in the code to have done the best job on this subdivision. Mayor Stirling said he does not feel Council did a vigilant job in representing the people on this PUD in terms of density and other things. Councilman Peters said varying the height is not an insubstantial amendment. Councilman Peters said the basement is not that big of an issue; under the new code only a portion of the basement would count. Councilman Peters said subdivisions of this type will be much more carefully scrutinized in the future. Councilman Crockett said he will support this only because of transgressions that have been made. All in favor, with the exception of Councilman Gassman. Motion carried. REQUEST FOR FUNDS - Aspen Grove Cemetery Mayor Stirling moved to grant toward a solution for the Aspen Grove cemetery fence an amount not to exceed $10,000 and to continue to have Councilman Peters and Mayor Stirling continue to work on the resolution of this issue and to have it determined by November 27; seconded by Councilman Peters. All in favor, motion carried. RESOLUTION #43, SERIES OF 1989 - Rio Grande Right-of-way Councilman Gassman moved to approve Resolution #43, Series of 1989, including spending up to $1900 from the contingency; seconded by Councilman Crockett. All in favor, motion carried. Councilman Peters said he would like to forward this to Snowmass Village, have them sign on and take it to the Roaring Fork Valley forum. Councilman Peters moved to amend the action to include direction to the city manager to involve Carol O'Dowd and carry this resolution forward to the Snowmass town council and down valley groups; seconded by Councilman Crockett. All in favor, motion carried. Mayor Stirling moved to suspend the rules and continue to 9:10 p.m.; seconded by Councilman Tuite. All in favor, with the exception of Councilmembers Crockett and Peters. Motion carried. DELICATESSEN IN N/C ZONE CODE AMENDMENT Mayor Stirling moved to direct the planning department to take a code amendment for seating in the NC zone to the planning and zoning commission; seconded by Councilman Tuite. m Regular Meeting Aspen City Council November 13, 1989 Councilman Peters said this is not an essential service. Council- man Peters said a delicatessen with seating in the NC zone is inappropriate. Councilman Crockett said he is worried about the proliferation aspect of this code amendment. Councilman Peters said he feels this amendment will erode the intent of the neighbor- hood commercial zone district. All in favor, with the exception of Councilmembers Crockett and Peters. All in favor, motion carried. ARCHITECTURAL COMMITTEE Councilman Gassman said there are not that many public projects. Councilman Gassman suggested rather than having a codified standing committee, the city have a pool of people who are interested to call on when needed. Amy Margerum, planning office, said that is an alternative. Ms. Margerum said the reason for a standing committee is so there is a consistent approach for all projects. Council adjourned at 9:10 p.m. y� Kathryn S Koch, City Clerk 19 Reaular Meetina Aspen Citv Council October 23, 1989 through the subdivision can be achieved; seconded by Councilman Crockett. All in favor, motion carried. RESOLUTION #29, SERIES OF 1989 - Seventh Street Councilman Gassman moved to adopt Resolution #29, Series of 1989; seconded by Councilman Peters. Sandy Stuller, city attorney's office, told Council this resolution is an endorsement to the county to accept this right -of way. All in favor, motion carried. Hans Gramiger recommended Council not adopt this resolution because it will not cut mustard with the county. Councilman Peters requested the city manager talk to the county manager or commis- sioners and give Council a report back. Gramiger said no one in the neighborhood wants a larger street. The right-of-way is what the city or county should own. Gramiger said in the resolution he drafted he indicated what the purpose of this donation of land is, which is the creation of a path. Ms. Stuller said her resolution does not condition the land donation on a particular use nor does not commit the city to construct the trail. DELICATESSEN AS A CONDITIONAL USE IN THE N/C ZONE Leslie Lamont, planning office, told Council this is a requested code amendment seeking that a delicatessen be a conditional use in the N/C zone. This went to P & Z in August; P & Z recommended denial of the application that introducing seating in the N/C zone district through a delicatessen was not the way to go. Ms. Lamont said staff agrees if seating is introduced in the N/C zone it will lead to more intensive food service establishments. Ms. Lamont said P & Z directed staff to try and come up with a code amendment that allows limited seating in the N/C zone. Councilman Gassman said it seems this application is what the city wants in a locally oriented zone. Councilman Gassman said this does not seem to be a tourist oriented business. Councilman Gassman said it is difficult to see how some seating without waiters will change the business. Councilman Crockett said the intent of N/C zone is supported in a delicatessen without seats. Councilman Crockett said he feels this is the first step of an erosion of the N/C zone. Councilman Peters pointed out it is not furthering Council's goals to be developing a restaurant type operation in an N/C zone. Sandy Stuller, city attorney's office, said this category was new when the zoning code was adopted in 1975. The fear at that time was that the downtown of Aspen was losing local business and was 14 Reqular Meetinq Aspen Citv Council October 23, 1989 giving way to more competitive businesses, like restaurants and boutiques. Ms. Stuller said the N/C zone was designed to be a last stand of local everyday needs. Councilman Crockett said if people want to expand or trade up in a business, they should go to the appropriate zone which supports that business. Jim Colombo, representing the applicant, said this business wishes to serve a local oriented clientele. Colombo said the seating would be a convenience for the customer and not a requirement for the use of the businesses. Colombo said in the summer there are picnic tables outside for customers to use. In the winter there is no place for people to eat their food. Colombo said denying this would be a prejudice against locals. Colombo said the part of the P & Z recommendation they agree with is that there should be a conditional use in the zone to be allowed some amount of seating. Mayor Stirling agreed this will keep the food being provided in the deli affordable and will accommodate the customers. Mayor Stirling moved to direct the planning staff to redefine the seating issue in the N/C zone and to bring back a code amendment through P & Z and Council; seconded by Councilman Gassman. Mayor Stirling said he feels this is exactly the kind of neighbor- hood service Council wants to see in the N/C zone. Colombo presented a petition with over 100 signatures of locals working in the N/C zone supporting the idea of limited seating at Jour de Fete. Mayor Stirling said he sees seating as an amenity to locals. Councilman Crockett said he would rather leave things the way they are now. Councilman Gassman and Mayor Stirling in favor; Councilmembers Peters and Crockett opposed. Motion NOT carried. ENCROACHMENT REQUEST - Longrun Ltd. Councilman Peters left the room due to conflict of interest. Councilman Gassman moved to approve the encroachment agreement between the City of Aspen and Longrun Ltd.; seconded by Councilman Crockett. Chuck Roth, engineering department, told Council the applicant has agreed to install an empty 4 inch conduit across Main street in case someone else wants to use this. The applicant has also agreed to install marking tape on top of his facility. Roth suggested including language in the agreement that if someone else uses this conduit they reimburse Longrun Ltd. All in favor, motion carried. 15 CASELOAD SUMMARY Council recommended approval of a Text Amendment to allow a limited form of seating for food service establishments in the NC Zone District. The amendment shall include seating but no wait service. There was no ordinance with this approval because Council was not requiring Ordinances at this time. • I of ••• k, I Mayor and City Council • THRU: Robert S.A derson, Jr., City Manager FROM: Leslie Lamont and Amy Margerum, Planning DATE: October 18, 1989 RE: Code Amendment NC Zone District SUMMARY: The Planning staff recommends denial of this code amendment application. The applicant seeks to amend the Land Use Code to add "delicatessen" to the Conditional Uses permitted in the Neighborhood Commercial Zone District and to allow limited customer seating (up to 15). The key issue is whether Council feels that lmited seating is improtant to locals and should be incorporated in the NC Zone. Attached for your review is staff's memo to P&Z and the applicant's proposal. A code amendment is a two step process first being reviewed by the Commission then proceeding to Council. COUNCIL GOALS: This code amendment would be inconsistent with Goal number #10: to preserve local services. PRECEDENT: There is a history of enforcement actions regarding custormer seating within the NC Zones. On several other occassions, food establishments have tried to incorporate seating and have been denied that type of expansion. BACKGROUND: At their August 22, 1989 meeting the Planning and Zoning Commission denied this application. The P&Z however, directed staff to review the definition for a restaurant and develop a code amendment that will allow a limited amount of seating in a food establishment in the NC Zone. While supporting P&Z's recommendation, the applicant requested to present to Council their original application. Staff has not yet considered a new code amendment per the Commission's direction. It is our opinion that seating should not be allowed in this Zone District. We are looking for direction from Council whether or not to pursue a staff initiated code amendment to allow seating in the NC Zone District. PROBLEM DISCUSSION: Pursuant to Section 5-212 of the Land Use Code: "the purpose of the Neighborhood Commercial Zone District is to allow small convenience retail establishments as part of a neighborhood, to reduce traffic generation, and mitigate traffic circulation and parking problems and to service the daily or frequent trade or service needs of the neighborhood." %. 1 The applicant seeks to include "delicatessen" as a conditional use in the NC Zone. The Aspen Land Use Code however, does not ; have a definition for a "delicatessen". For this code amendment the applicant has developed a definition for delicatessen: "Delicatessen means an establishment which principally sells fresh and packaged food and drink with limitecl'co} umption ,n premises. Cea.ernd ce»pp G - n'b ' exceed 1 �� seats and shall not include formal wait service. Staffs primary concern with this amendment is the inclusion�o� seating. The ability to provide seating may encourage the encroachment of higher end food establishments. A restaurant is not a permitted use in the NC Zone. The restriction of particular commercial activities in the NC Zone helps to discourage the displacement of necessary local businesses and helps to maintain lower rents. Staff believes that to allow customer seating, in food establishments in the NC Zone, will: * endanger the intent of the zone; * cause the displacement of local serving businesses; * encourage the estalbishment of more tourist oriented businesses which do not serve the daily needs of residents as has been recent situation in the C1 Zone; and * create an enforcement problem. The attached P&Z memo, August 22, 1989, outlines the review criteria for an amendment to the text of the Land Use Code. Please refer to that memo for a complete discussion of this application. ALTERNATIVES: Develop a code amendment that would enable a small amount of seating without compromising the intent of the NC Zone. Staff would like Council's direction regarding a new amendment. ADVISORY COMMITTEE VOTE: 5 FOR (denial) 0 AGAINST KEY ISSUES: 1. The NC Zone already allows for a deli -type food establishment, therfore it is not necessary to redefine this type of establishment. The P&Z felt that any new code amendment should reflect the issues of allowing a limited amount of seating in the NC Zone. 2. It was P&Z's opinion that seating is important to enable locals to eat inside when weather is inclement. RECOMMENDATION: Staff recommends denial of the Code Amendment to allow a delicatessen as a conditional use int he Neighborhood Commercial Zone District. 2 PROPOSED MOTION: I move to deny the application for a code amendment in the NC Zone District. CITY MANAGER COMMENTS: Attachments: P&Z memo, August 22, 1989 Application Property Owner's Letter Location Map jl/ccjour 3 ASPEN/PITRIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 August 28, 1989 Jim Colombo P. O. Box 1206 Aspen, Colorado 81612 RE: Code Amendment, Delicatessen as a Conditional Use in NC Zone Dear Jim, We have scheduled this application for review by the City Council on Tuesday, September 11, 1989 at a meeting to begin at 5:00 pm. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. If you have any questions, please call Leslie Lamont. Sincerely, Debbie Skehan Administrative Assistant • • MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planner RE: Code Amendment NC Zone District DATE: August 22, 1989 SUMMARY: The applicant seeks to amend the Land Use Code to add "delicatessen" to the Conditional Uses permitted in the Neighborhood Commercial Zone District. Attached for your review is the applicant's proposal. A code amendment is a two step process first being reviewed by the Commission then proceeding to Council. Planning staff recommends denial of this application. APPLICANT: Olivier Mottier and Alain Laval/Jour De Fete Delicatessen LOCATION: 710 E. Durant Avenue spaces A,. B, & C Durant Mall ZONING: NC -Neighborhood Commercial APPLICANT'S REQUEST: Include a "delicatessen" as a Conditional Use in the NC Zone District. REFERRAL COMMENTS: For a code amendment staff did not request referrals from other City offices. STAFF COMMENTS: The applicant proposes a code amendment to include delicatessen as a conditional use in the NC Zone District. Pursuant to Section 5-212 of the Land Use Code: "the purpose of the Neighborhood Commercial Zone District is to allow small convenience retail establishments as part of a neighborhood, to reduce traffic generation, and mitigate traffic circulation and parking problems and to service the daily or frequent trade or service needs of the neighborhood." The permitted uses in the NC Zone are: drug store, food store, liquor store, dry cleaning and laundry pick-up station, barber shop, beauty shop, post office branch, record store, T.V. sales and service shop, shoe repair shop, video rental and sale shop, accessory residential dwellings restricted to affordable housing guidelines, and accessory building and uses. Conditional uses in the NC Zone are: service station, laundromat, garden shop, hardware store, paint and wallpaper store, carpet, flooring and drapery shop, business and professional office, free market units which are accessory to other permitted uses, home occupation and satellite dish antennae. The applicant seeks to include "delicatessen" as a conditional use in the NC Zone. The Aspen Land Use Code however, does not have a definition for a "delicatessen". For this code amendment the applicant has developed a definition for delicatessen: "Delicatessen means an establishment which principally sells fresh and packaged food and drink with limited consumption on premises. Counter and counter -type seating may not exceed 15 seats and shall not include formal wait service." Section 7-1102 outlines the review criteria for an amendment to the text of the Land Use Code. A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. RESPONSE: Staff's primary concern regarding the proposed amendment to the NC Zone is that the applicant's definition of a delicatessen includes seating for 15 customers. Staff is concerned that the ability to provide seating may endanger the intent and goals of the NC Zone. The intent of the NC Zone is to preserve locally oriented businesses for the neighborhoods. The permitted uses in this Zone are those that service the daily needs of residents. Restriction of particular commercial activities in the NC Zone helps to discourage the displacement of necessary local businesses and helps to maintain lower rents. A restaurant is not permitted in the NC Zone. A grocery store or similar business which prepares and serves food but which principally sells packaged or nonperishable food and drink is not considered a restaurant by definition in the Land Use Code. The staff opinion is that providing seating creates a "restaurant" regardless of the name tag which is attached. In other words, a "delicatessen" may or may not be a restaurant depending on how it is operated. OUr concern is that more intensive food oriented uses may force out the small convenience retail establishments due to increased rents that can be commanded. The applicant's business currently resembles a delicatessen, therefore it is staff's belief that the primary intent of the proposed code amendment is to allow customer seating. As discussed above, the proposal is in conflict with the propose of the NC Zone. B. Whether the proposed amendment is consistent with all K L_J • elements of the Aspen Area Comprehensive Plan. RESPONSE: There are two areas zoned NC in the City of Aspen. One is located at Clark's Market, the other is the city block bounded by Original, Cooper, Spring and Durant Streets. The Land Use Plan identifies the latter NC zone as on the edge of the Central Area. According to the Plan, land uses located on the fringe of the Central Area are to be "ordered yet diversified... such as resident related commercial, residential and professional office uses." To allow customer seating may endanger the resident related commercial aspect of the fringe area. Staff strongly believes that the integrity of the uses that are maintained by the NC Zone the service oriented, in and out type nature of such uses would change with the ability to provide seating. C. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. RESPONSE: Some of the existing land uses in the NC Zones are City Market, Clark's Market, a film store, drug store, liquor store, several packaged deli -type businesses and the non -conforming Steak Pit restaurant. There is a history of enforcement actions regarding customer seating within the NC Zones. The Happy Carrot, a business near Clark's Market, first began as a health food store then started to incorporate seating and was denied. There have been several other occasions when food establishments in the NC Zone have tried to incorporate seating and have been denied that type of expansion. It is staff's intention to preserve the NC Zone as purely as possible. D. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: Not applicable. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. RESPONSE: An inventory of the businesses that would be • • eligible for customer seating shows that most do not have the public facilities that are required for a more intensive food establishment e.g. restroom facilities. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: Not applicable. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: As was previously discussed the proposed amendment may jeopardize the intent of the NC Zone. There are only two NC Zones in the City. These Zones are very small when compared to the need for the type of services the Zone permits. An Amendment to the Code which puts pressure on the integrity of the Zone should be discouraged. There has been considerable concern expressed that the City is losing the locally oriented services to T-shirt shops and other tourist oriented businesses. There is already a greater need for a larger NC zone to protect and encourage local oriented businesses. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: Staff believes that the neighborhood has not changed to a point where a restaurant is vital to the character of the area. A point in fact, staff is concerned that with the development of the Little Nell Hotel that the uses in the NC Zone may be endangered if a more intensive food oriented business is allowed. The large CC Zone provides the zoning for sit down dining. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. RESPONSE: As was discussed above to allow seating in the NC Zone is in conflict with the intent of the Zone District. Further, the applicant's proposal as a conditional use is fraught with problems. The purpose of the conditional use mechanism is for uses that are generally compatible with the other permitted uses in the Zone District. To allow customer seating would endanger the existing uses in the 4 Zone District and encourage uses that are not compatible to local serving businesses. Although a land use permitted as a conditional use subjects the proposal to a planning review, the recent proliferation of non -locally oriented restaurants in the C1 Zone (where restaurants are a conditional use) has endangered the intent of the C1 Zone which is for local commercial businesses. Conditions of approval have been used to mitigate the impacts from certain land uses. But enforcement can be a problem, then conditions of approval become ineffective. As an example, the applicant, Jour De Fete, is currently not in compliance with the requirements of the NC Zone. A recent site visit determined that the business already has approximately 10 seats with two counter top tables. Staff is not convinced that the food establishments in the NC zone require seating to maintain a viable business. There are similar establishments within the CC zone, which allows a restaurant as of right, that appear to be operating a successful business without seating for customers. RECOMMENDATION: Staff recommends denial of the Code Amendment to allow a delicatessen as a conditional use in the Neighborhood Commercial Zone District. The definition of a delicatessen, as developed by the applicant, will allow counter and counter -type seating, not to exceed 15 seats, in an establishment which principally sells fresh and packaged food and drink with limited consumption on premises. Staff believes that to allow customer seating, in food establishments in the NC Zone, will: * endanger the intent of the zone; * cause the displacement of local serving businesses; * encourage the establishment of more tourist oriented businesses which do not serve the daily needs of residents as has been recent situation in the C1 Zone; and * create an enforcement problem. ljl/jour 5 Planning and Zoning City of Aspen 130 Galena St. Aspen, Colo' 81611 AUGUST 11,1999 Thomas Iacono � noo � H""ki"= 8-7 ~`` ^''~r'`^''~ Aspen, Co. 8161 (303) 925-378 commission RE; JOUR DE FETE zoning ammendment hear Dear Sir, I am the owner of the retail space disignated "W-3" in the Durant Mall at 710 E. Durant Avenue, Aspen CO. which is in the "NC"zone. As I am sure you are aware, that zone is intended to serve the "daily or frequent trade or service needs of the immediate surrounding neighborhood".The description continues on to list, among other things "Food Stores" but, by ommission, eliminates any food store that offers an area for its customers to sit down, because the operation then becomes a "restaurant". As a matter of record and history, the Steak Pit has operated as a "Full Service" restaurant in that zone for over 25 years, and for a short time, there was also a small breakfast operation in that same building. Then, an operation known as the "Tamale Factory" was located at the North East corner of Durant and Spring. Additionally, a small operation known as the "Happy Carrot" operated in the C1ark's Market "NC" zone. All of these have, or did operate with city approval, and have been an asset to their neighborhoods without being contrary to the INTENT of the zoning. With this in mind, and being fully aware that the commercial core of the city is expanding considerably, I would request that you consider adding Small coffee shop or cafe or restaurant with up to "X" number of seats (such as what Shlomo`s was or Natures Storehouse or Loretta's) to either the "permitted" or the "Conditional" uses of the code since it WOULD serve the neighborhood and eliminate the need for the many people who live and/or work in the area to travel down the the already overcrowded "CC" core for a quick meal. In doing it this way you would still have control through doing a "use determination" but it would save a small operator the prohibitive expense of the variance hearing. Thank vou for vour consideration. Sincerelv Thomas Iacono CC; Jour De Fete Jim Colombo ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 July 19, 1989 Jim Colombo Colombo & Associates P. O. Box 1206 Aspen, CO 81611 RE: Code Amendment/NC Zone District Dear Jim, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application is complete. Jim, we do need a letter from the applicant authorizing you to represent him in submitting this application. Please submit this within two weeks. We have scheduled your application for review by the Aspen Planning and Zoning Commission at a public hearing on Tuesday, August 22, 1989 at a meeting to begin at 4:30 pm. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. If you have any questions, please call Leslie Lamont, the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant PUBLIC NOTICE RE: AMENDMENT TO THE CITY OF ASPEN LAND USE REGULATIONS NOTICE IS HEREBY GIVEN THAT a public hearing will be held on Tuesday, August 22, 1989 at a meeting to begin at 4:30 P.M. before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130 South Galena Street, Aspen, CO to consider an application submitted by Jim Colombo on behalf of his clients Olivier Mottier and Alain Laval/Jour De Fete, requesting that the term delicatessen be defined in Article 3 of the Land Use Regulations and that a delicatessen be added as a conditional use in the Neighborhood Commercial (NC) Zone District, Article 5 of the Land Use Regulations. For further information, please contact the Aspen/Pitkin Planning Office, 130 South Galena Street, Aspen, (303) 920-5090. s/C. Welton Anderson, Chairman Aspen Planning and Zoning Commission Published in The Aspen Times on August 3, 1989. City of Aspen Account. August 1, 1969 Aspen/Pitkin Planning Office 130 S. Galena Street Aspen, CO 0161 1 Lesile Lamont :Planner Re: Code Amendment/NC Zone District Dear Leslie, This letter is to verify the authorization of Jim Colombo and Colombo Associates to represent Jour De Fete in this code amendment application to the NC zone District and to represent us in all necessary presentations. Sincerely, AW` L •• Colombo 6 flssociates Architecture and Planning P.O. Box 1206 Aspen, Co. 81612 303 925-7806 Planning Department Planning Director: Alan Richman Planning & Zoning Commission City Council Re- Addition of "delicatessen" as a conditional use in the NC zone I. The purpose Neighborhood Commercial (NC) Zone District is to allow small convenience retail establishments as part of a neighborhood, to reduce traffic generation, and mitigate traffic circulation and parking problems and to service the daily or frequent trade or service needs of the neighborhood." Sec. 5-212. of the Aspen Municipal code. Jour De Fete is a food store in the NC zone district located in the Durant Hall Bldg. next to the Grog Shop. The applicant operates as a permitted use in the NC zone district as a retail food store. The applicant is a well known purveyor in the neighborhood community, offering American and European food products, fresh pastas and pastries. The applicant also offers homemade sandwiches, salads, individual orders of pastas and pastries as well as express olcappuccino. The applicant request the ability to allow its customers to consume these items within the store with the convenience of sittinq at a counter or counter height table. The applicant suggests a very limited number of seats for this purpose, noting that the main business is a retail food store. No wait service will be provided. Customers would simply order from counter, carry out or consume on premises. The applicant suggest that this ability be allowed as a conditional use in the NC zone district under the heading of "delicatessen". Currently there is no definition of delicatessen in the Aspen Municipal Code or the Aspen Land Use Regulations. UP., treed for this new definition is established by the accepted definition of restaurant in the Aspen Municipal Code: " RESTAURANT means a commercial eating and drinking establishment where food is prepared and served indoors, for consuption 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 reouired 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 dumbwaiter for service access. A grocery store or similar establishment which prepares and serves food but which principally sells packaged or nonperishable food and drink shall oot be considered a restaurant_ Sec. 3-101 The applicant suggests the following definition of "delicatessen" to be adopted by the Aspen Muncipal Code- " DELICATESSEN means an establishment which principally sells fresh and packaged food and drink with limited consumption on premises. Counter and counter -type seating may not exceed 15 seats and shall not include formal wait service." The conditional use of a Delicatessen in the NC zone district is appropriate for the following reasons: The Area surrounding the Neighborhood Commercial district has changed over the past few years to include more commercial, office, retail and lodging uses. These uses have generated more need for lunch, snack break types of services. Limited lunch and break time neccessitates the need for walking distance -non driving facilities. In addition, winter and fall weather conditions neccessitate the opportunity for customers to consume Qucik substanence items in the convenience of indoors, and while indoors the convenience of sitting down. Customers served would be for the most part directly working or shopping in area and would therefore have already driven and parked for their primary purpose in the area. In this way traffic generation would not be increased. Deliveries would not be increased in that the applicant is now functioning in this some manner and to the some extent -without the convenience of allowing their customers to consume indoors while sitting down. The applicant propost0hat this use is in harmony withipublic interest as is indeed suggested to better serve the public interest in the NC zone district. The applicant furtherpr{ definition of "delicatessen will prohibit the conflicts and burdens of a restaurant operation in the NC district. itould also oriented beonoted t9 �Uie n to the business hours of the operation are NC district &oo pm only, and therefore not trying to immulate restaurant service, and continue its primary intentions of operating as a retail food store. v • l5 1) Project Name Jour De EPtP Dee i ratPacan 2) Project IDCation 71 0 F TliirAnt Avgnug _-c_paces A, B & C Durant MALL Bldg, Aspen, Colorado 81611 (indicate street address, lot & block mmber, legal description where appropriate) 3) Present Zoning NC 4) Lot Size 5) Applicant's Name, Address & Phone # Olivier Mo t i r , Alain T.a va 1 -Rnx 1790 6) Representative's Name, Address & Phone # Colombo & Associates P _ o _ Box 1206 925-7806 7) Type of Application (please check all that apply): xx Conditional Use Special Review 8040 Greenline Stream Margin Mountain View Plane CondClim]ILiumi nation Conceptual SPA Final SPA Omyxptual PUD Final PUD Subdivision Teext/Map Ammilme**t Final Historic Dev. Minor historic Dev. Historic Demolition Historic Designation Ic7t Split/r-ot Line CM6 Fxeniption Adjustment 8) Description of Existing Uses (nmnber and type of eDasting sirwctures; approximate sq. ft. ; ember of bedrooms; any previous approvals granted to the PAY). Exi Gt i ng TTGP-Fnnrl StcLe ( Permitted use in NC zone ) Existing Size- 1289 Sri- ft, 9) Description of Developmesit Application Request for the addition of "delicatessen" to -:-,the Conditional rignalizzwe qxroma sm IN .�- . -- '-. •- • • 10) Have you attached the following? Response to Attadtnent 2, Muujamt Sdzilission CmTt t Response to Attadhinel 3, Specific & mission Contents XX Response to Attadl®ent 4, Review Standa_ds for Your Application 0 CHATEAU CHAUMONT • • CC1.' Joyce & Thomas Tarby CC7. Walter A. Bledsoe, Jr. & Katie 18417 Pellett Dr. 413 Merchandise National Bk. Bldg. Fenton, MI 48430 Terre Haute, IN 47807 (h) 313-634-4200 (o) 313-236-1946 CC7a. Dale Eubanks c/o Eubanks, Roberts & Bishop CPA CC2. Thomas Frank 731 E. Durant St. Home Americar Aspen, CO 81611 12062 Valley View (o) 303-925-4877 Garden Grove, CA 1-800-821-8629 CC8. H.E. Reinert Holdings Corp. (o) 714-893-1007 c/o Reinmax, Ltd. 161 MacLaren Street (h) 15 Vista Del Sol Ottawa, Ontario, Canada K2C3H3 South Laguna, CA 92677 (o) 613-825-2137 714-499-5110 (h) Herman Reinert & Rita Larry Thompson 21 Avonlea Road PO Box 372425 Ottawa, Ontario, Canada K2GOJ4 Satellite Beach, FL 32937 613-825-2137 407-723-4154 (h) Max Natterer & Helen CC3. Wallen Children's Trust 57 Burbank Road c/o Anne Marchionne, Trustee Ottawa, Ontario, Canada K2C3H3 899 Skokie Blvd., #520 613-226-4297 Northbrook, IL 60062 CC9. James C. Lytle (legal notices) CC4. Robert E. Kivland, DDS 2215 Central Park Ave. 2290 Kipling Evanston, IL 60201 Lakewood, CO 80215 (h) 312-869-4433 303-233-2906/7 (o) Pioneer Bank & Trust Co. (h) Elizabeth M. & Dr. Robert Kivland 4000 W. North Ave. 12032 W. 27th Drive Chicago, IL 60639 Lakewood, CO 80215 312-772-8600 303-237-7324 (o) Roy Hofer (checks sent to Hofer) CC5. Jay V. March One IBM Plaza, Ste. 4100 704 Haldane Drive Chicago, IL 60611 Kennett Square, PA 19348 312-822-9800 215-388-7472 (h) 31 Briarwood Lane John Becker & Donna Indianhead Park, IL 60525 Box 90T, Harvey Road Chadds Ford, PA 19317 (o) Tilden Cummings, Jr. 215-459-4282 Merrill Lynch 33 W. Monroe, Ste. 2500 CC6. Fred Pearson Chicago, IL 10 S. LaSalle St. 12th Floor 312-269-5090 Chicago, IL 60603 312-346-6161 - Jennifer Rabatine, Sec'y. (h) 1333 Maple Avenue Evanston, IL 60201 (h) 2936 Grant Avenue 312-475-4343 Evanston, IL 60201 312-864-1439 CC10. Harry & Jerrold Day 82 Wild Duck Rd. Stamford, CT 06903 PO Box 0 Middle Haddam, CT 06456 CD19•. Reinmax Ltd. • • 161 MacLaren Street Ottawa, Ontario, Canada K2POK8 CD20. J. Walton Martin Ltd. c/o Garth Aselford Ltd. 1701 Woodard Drive Ottawa, Ontario, Canada K2COR4 613-225-3650 CD21. Mrs. Julie Rachlis 2298 Drury Lane Northfield, IL 60093 (h) 312-446-5513 (o) 312-441-6300 CD22. Bud Wallen Aspen Chateaux Dev. Co. 899 Skokie Blvd. #520 Northbrook, IL 60062 312-498-6250 CD23 Nick Coates c/o Coates, Reid & Waldron 720 E. Hyman Aspen, CO 81611 (o) 303-925-1400 CD24 Kippert Wheeler 3211 Bonny Brook Lakeland, FL 33803 813-644-5026 CD25 CD26 Bud Wallen (see CD22) • CHATEAU DUMONT CD1. Thomas & Barbara Dorsey 4252 South Alton Street Englewood, CO 80111 303-773-0340 CD2. Dr. F. Wallace & Janet Jeffries 500 Huntington Drive Ann Arbor, MI 48104 (h) 313-434-6200 313-761-7090 CD3. Fred Beihl, Jim Newsom & Chuck Wall c/o Shook, Hardy & Bacon Kansas City, MO 64106 816-474-6550 Fred Beihl - 816-474-6888 (h) Jim Newsom - 816-333-0420 Chuck Wall - 913-831-4828 CD4. Joseph V. Farago PO Box 14350 Chicago, IL 60614-0350 312-281-2200 CD5. Bert & Carol Maxon 8527 Karlov Skokie, IL 60076 (h) 312-675-0344 CD6. Peter 0. Fetzer Winston & Strawn One First National Plaza Chicago, IL 60603 (o) 312-558-5758 CD7. Earl & Marilyn Latterman 1230 Squirrel Hill Pittsburgh, PA 15217 412-682-1315 CD8. Bob & Patty Schneider c/o Western Merchandisers Box 32270 Amarillo, TX 79120 (o) 806-376-6251 (h) 806-373-0812 CD9. Michael & Winnie Makinen 223 Fifth Ave. Berea, OH 44017 216-243-4926 (o) 216-433-2288 CD10. Ian Grant Tabora, Ltd. PO Box 158 Templer House, Don Road St. Helier, Jersey Channel Island Great Britain • CD11. Fred Pearson 10 S. LaSalle St. 12th F1. Chicago, IL 60603 312-346-6161 William L. Wallen 899 Skokie Blvd. #520 Northbrook, IL 60062 312-498-6250 CD12. R.O. White 2000 S. Bay Shore Drive, Unit #7 Miami, FL 33133 (h) 305-858-5458 (o) 305-238-2808 Joanne White Exclusively Cruises 14151 S. Dixie Hwy. Miami, FL 33176 305-238-2808 CD13. Mrs. Cozette Grabb 325 Barton Shore Drive Ann Arbor, MI 48105 (h) 313-665-5201 CD14. Beverly M. Chamberlain 3548 Brookhaven Lane Tuscon, AZ 85712 (o) 602-795-3317 (h) 602-327-2310 CD15. Michael & Winnie Makinen 223 Fifth Ave. Berea, OH 44017 (h) 216-243-4926 (o) 216-43302288 CD16. Ramy Kanzen Addis & Co. 48 Hatton Garden London, England ECIN8EX CD17. E.H. & Barbara DeConingh Beverly Lane Gates Mills, OH 44040 (h) 216-423-3860 CD18. Robert Kisch & Dean Laurance c/o Minne-Aspen Associates Box 3686, Loring Station Minneapolis, MN 55403 612-871-1639 CC11- Mr. -Russell Peppet CC19. Claud059th it 150 E. 69th St. Apt. G 1414 St. New York, NY 10021 Chicago, IL 60637 212-309-3400 312-753-2277 Mr. James Lytle (see EC9) (h) 312-493-7465 Mr. Roy Hofer (see CC9 - checks to Hofer) John Weil 825 University Dr. CC12. Mr. Henry Fella Saskatoon, Saskatchewan 117 4th St. Canada S7NOJ5 Manhattan Beach, CA 90266 306-242-1829 213-374-8882 CC20. Perry Altshule CC13. Peter R. Wolford 533 S. L.A. St. 13045 Mindana Way, Unit #4 Los Angeles, CA 90013 Marina Del Rey, CA 90292 818-716-8673 213-823-4072 Ellie Altshule CC14. Todd Vieregg 130 Ocean Park Blvd. #515 Sidley & Austin Santa Monica, CA 90405 One First National Plaza 213-392-0364 Chicago, IL 60603 312-853-7470 (Linda O'Hern, Sec'y) CC21. John Mark Finadco Limited Co. CC15. Dr. Gary Kantor 44257 Collins St. Consultants, Ltd. Melbourne 3000, Australia Sunrise Medical Center 1750 E. Desert Inn Rd. Ste. 200 CC22. William L. Wallen Las Vegas, NV 89108 Aspen Chateaux Dev. Co. 702-732-2438 (mark mail "personal") 899 Skokie Blvd. #520 Northbrook, IL 60062 (h) 3735 Meadowcrest Road Las Vegas, NV 89121 CC23. Walhart Realty c/o William L. Wallen CC16. Mary Ann Banach 899 Skokie Blvd. #520 1931 N. Winchester Northbrook, IL 60062 Chicago, IL 60622 312-486-6063 CC24. Henry Fella 117 Fourth Ave. CC17. Fred Pearson (see CC6) Manhattan Beach, CA 90266 Philip Howard John Petzold 180 N. LaSalle St. #2002 8900 E. Washington Blvd. Chicago, IL 60601 Pico Rivera, CA 90660-3737 312-782-7120 (h) 200 Locust St. San Francisco, CA 94118 CC18. Jerome Epstein Perry Group 25 Mt. Laurel Rd. Hainesport, NJ 08036 609-267-1600 (h) 1900 Rittenhouse Sq., Apt. 18G Philadelphia, PA 19103 215-735-3618 • • ASPEN CLUB REALTY Managed Units at CHATEAU CHAUMONT Effective 2/3/89 #2 Mr. Tom Frank Unit P#: 925-4393 15 Vista Del Sol South Laguna, CA 92677 (w) 714/893-1007 (h) 714/499-5110 #5 Mr. Tom Fr Unit P#: 925-1405 15 V to el Sol South guan, CA 92677 D✓'C 1 1 v (w) 7 4 93-1007 (h) 14/4 9,-,5110 #8 Mr. Hermann Reinart Unit P#: 925-1408 161 MacLaren Street Ottawa, Ontario K2POK8 (w) 613/238-6736 (h) 613/728-3333 Cruz 116 f-SI 141 #10 Jerry & Harry Day Unit P#: 925-8573 P. 0. Box O / 3 / 7 / Middle Hadden, CT 06596 (w) 203/646-3032 (h) 203/267-0674 #12 Henry Fella Unit P#: 920-4220 117 4th Street Manhattan Beach, CA 90266 (h) 213/374-8882 #13 Mr. Peter Wolford Unit P#: 925-1413 13045 Mindanao Way, #4 Marina Del Ray, CA 90292 (w) 213/320-2904 (h) 213/823-4072 #14 Todd & Cari Vieregg Unit P#: 925-1414 c/o Sidley & Austin One First National Plaza Chicago, IL 60603 (w) 312/853-7470 (h) 312/664-7513 #15 Dr. Gary Kantor Unit P#: 925-6879 1750 E. Desert Inn Road, #200 Las Vegas, NE 89109 (w) 702/732-2438 (h) 702/451-6834 #18 Jerome Epstein Unit P#: 925-5734 25 Mt. Laurez Road Hainesport, NJ 08036 (w) 609/267-1600 _ (h) 215/735-3618 #24 Henry Fella Unit P#: 925-6493 117 4th Street Manhattan Beach, CA 90266�(� (h) 213/374-8882 C�b