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Home My WebLink Aboutcoa.lu.ca.Neighborhood commercial.71A-89 ,~ rJ CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 7/10/89 DATE COMPLETE: ""\\'\\11''1 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 P&Z Meeting Date t\'(y 0.. "d STEP: 2 STEP: x PUBLIC HEARING: (YE~ NO ",-, ... f" t'-"- 0 ~ '1 VESTED RIGHTS: YES @ CC Meeting Date PUBLIC HEARING: Gis) NO o....Q.,......,,<e J..o(t-. VESTED RIGHTS: YES NO Planning Director Approval: Insubstantial Amendment or Exemption: Paid: Date: REFERRAIS: >'\,Q""Q,. city Attorney City Engineer Housing Dir. Aspen Water city Electric Envir. Hlth. Aspen Consolo S.D. Mtn. Bell Parks Dept. Holy Cross Fire Marshall Building Inspector Roaring Fork Energy Center School District Rocky Mtn Nat Gas State Hwy Dept(GW) State Hwy Dept(GJ) Other DATE REFERRED: 7 #9!-PJ INITIALS: M FINAL ROUTING: DATE ROUT~D: city Engineer ~ Zoning Other: INITIAL: _ City Atty _ _ Housing Env. Health FILE STATUS AND LOCATION: ~;- ->-"'~ Reaular Meetina Asoen citv 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. carried. Motion REOUEST 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 ci ty 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 p.m.; seconded by Councilman Tuite. All in exception of Councilmembers Crockett and Peters. continue to 9: 10 favor, wi th the 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. 18 ~~ - Reqular Meetinq 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. /:~~ xfdu / Kathryn S Koch, City Clerk 19 , ,~ ~ r Reqular Meetinq 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. Gramig~r- 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 ASDen City 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. ! .,/ "'.r.., >>.. I I :j' I i ~ !"""\ MEMORANDUM TO: Mayor and city council THRU: Robert s.~rson, Jr., city Manager ~.,J~ Leslie Lamont and Amy Margerum, PlanningOMf~ FROM: DATE: October 18, 1989 Code Amendment NC Zone District RE: =================================================================" SUMMARY: The Planning staff recolllIl1ends 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 ~ !4~-h~~2 ,r-" " or service needs of the neighborhood." 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 fres!; and packaged food and drink with ~imite ,c~A1>umption ~~ prem~ses. ~ exceed I~.l r-.. seats and shall not include formal wait service. ~ ~ v staff's primary concern with this amendment is the inclusion 0(\ 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: -1L FOR (denial) --L 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. important inclement. 2. It was to. enable locals P&Z 's opinion to eat inside that when seating weather is is RECOMMENDATION: Staff recommends denial of the Code Amendment to allow a delicatessen as a conditional use int he Neighborhood commercial Zone District. 2 / I I J I ,1 ! ,~ ~. PROPOSED MOTION: I move to deny the application for a code amendment in the NC Zone District. CITY MANAGER COMMENTS: Attachl1lents: P&Z memo, August 22, 1989 Application Property Owner's Letter Location Map jljccjour 3 ~, ~. C/~ ASPEN/PITKIN 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 f'\ ~ 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 "delicatessen" to the Conditional Neighborhood Commercial Zone District. is the applicant's proposal. the Land Use Code to add Uses permitted in the Attached for your review A code amendment is a two step process first the Commission then proceeding to Council. recommends denial of this application. APPLICANT: Olivier Mottier and Alain Laval/Jour De Fete Delicatessen being reviewed by Planning staff 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 include delicatessen District. applicant proposes a code as a conditional use in amendment to the NC Zone 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 laundromat, uses garden in the shop, NC Zone are: hardware store, service paint and station, wallpaper ,1"""'\ "-.,, 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 t,ag which is attached. In other words, a "delicatessen" mayor 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 2 ,-., ,.-, 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 Ne 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 3 .-." r-- 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 r-\ ,-" 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 Cl Zone (where restaurants are a conditional use) has endangered the intent of the Cl 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 co~nter 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 Cl Zone; and * create an enforcement problem. Ijljjour 5 /'"" /'"" 1 "Thc.lmas; IacCJnr.J 800 E~Hopkins A-3 (.~~::;I:;)f::~n!1 Cel.. 8161. 1- ( :3 0 2~ ) (? :,~~ ::i -.. ::~; '7 E~ () Planning and Zonirlg commission Ci ty elf (.~~::;p('::~n 1. :::::0 Gal f:/:n~~ St', " Aspenp Colo. 81611 j J;V Ii v PIUGUET 1:1., 1. C?C39 4 RE; JOUR DE FETE zonirlQ amnlendment hearing Dc: .:~.l'" ~3 i r" :! DU1"'a.r1t: I <:Hn 't:,I'"H:? Cn<'H')0':~!P' cd t.l"!f;:! I"'f;:!-l:,;,::d.l ~;::.piEt(6) di-::;~i<}n\::\tE!c.i 1l~,.!.~..~::1I in t.h€~ Mall at 710 r Durant Avel1uB, Aspen CO~ which is in the /'J\lCllZCJnC2" As I am sure you are aware, that ZO]18 is intended to serve the '1daily or f~eqlJerlt trade or service fleeds of the immediate 5urroundirlQ neighborhood"" The descv'iption continues on to list, .:,..fnC:W)(~l CJthlj\~T thi nq'.:5 IIFCiOd ~3tol""e!::; II bU.t~, by cHnmi. !;;!E:.i. on~, ;;,;:.1 i mi na.t€2!5 .:;:iny fOCld ::::.t. Cll.... 0:! t.h.::',\t. Clf+~:;)l"'r~,;. ,~l,n ~;.,\l'''('::~,:\ fol'" i t.~::; C;U,s;tDmE:~\''':::; 'I::,D ':::;i t deltA/\"),. because the operation then becomes a I'restaurant!!. As a matter' o.f record and history, the Steak Pit has operated as a lJFlAII Service!' restaurant in that zone for over 25 year"s, arid for a short time, there was also a small brsakfas't operation in that !:3,3 t1!f:: bui Idin(J~ Th€,:)n~! ,':;\1'1 opf:?r!')t:i.c)n knOk\ln i3,;~;. "1:1'1(10 IIT-=:<.ma1.f2 Fi:i,C1:Dryl' {,\IEt;:5 located at the North East corneJ~ of Dur'ant and Spring. Additionally, a small operation known as the llHappy Carrot II ,operated :in t:hf7.~ Cl,'::il'''k:' s Ivjo:::I,I'''kE~t lI}\IC'1 :;"~ClnE:" AI1 D-f t:.hi0~~2i:;":~ h,:'~),\l{.,:.l:f O!'~ d:i.d C)!:')fDl'''dtf::,,1 with city approval, and have been an asset to their neighborhoods with~Jt being contr2ry to the I~rENT of the zcming: With this in mille!, and being fully aware that the commercial core of the city is expanding consider2bly~ I wOIJld req1~est that YOL! consider adding Small coffee shop or- cafe or restaurant with up to It X II nL.\mb(:;,'I'" n+ '~;;F',:':),t, :'i; (~:5uch ,':':'(::;; W!'''f.:::tt ~;)h]' OlnO" ~;; (/";d~;3 OJ". l',lat:u.r'e~~; St:Cjl'''(.;.~hou~~;E~ or' Loretta"s) to either the llpermittedll or the "COFlditionall\ uses of thE:~ C:C)C:!C,: f:,i nCf:;: j t: ~',JDUL.D ;;;iE:<I''''v'F2 thE' l"l(:;..::i, (.:.1hbo\"'hC)Dd ii:~nd 121 i m;i. n,E:\t€,~ t:hE:~ need for the m~rlY people who live and/or work in t~le area to travel dDt"J!"') t:h,z.:! t',l"'jf/! E!ll'''(~:~.;:::~dy DV(:;~I'''C:!'"'C:~\A.f(:IE~d !ICell CC)I'''f2 '{~Dr' ,~, ql!:i.ck.m\;;:~;~il ~ In doing it this way you would still have contr"ol through doing :::\, lIL(~~;f.~! dE.!t:f~:r'''.m:i.n;~,t,i\Jnll but., :it: VJDuJd ~~i<~~\lt::..\ <'::~ ~5m~:::11 OpE~I":.!:1t,(JI'w t:.hE.~l prohibitive eXpel"'Se of the variance he2rir'g~ Thank YOlJ for vClur cOhsider'ation. Sincerelv C-/~ ~-- <--.. . Thc)me(!::. IEtCOno c:c, \] CH..[fr' D E,!F' E':.' t:. t:.: \Jim CDlumbe.) ~, (......... 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. sIC. Welton Anderson. Chairman Aspen Planning and Zoning Commission Published in The Aspen Times on August 3, 1989. City of Aspen Account. ~, ,...-, August 1, 1989 Aspen/Pitkin Planning Office 130 S. Galena Street Aspen, CO 81611 lesile lamont :Planner Re: Code AmendmentlNC 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, ;tv /tit Ii ~;"'2 "',"',i~ ,'-'" Colombo G 8ssociates. Architecture and Planning' P.O. Box 1206 Aspen... Co. 61612 303 925-7606 ,-", Planning Department Planning Director. Alan Richman Planning & Zoning Commission City Council Re: Addition of "delicatessen" as a conditional use in theNC zone H 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 seryce 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 20ne district located in the Durant Mall Bldg. next to the Grog Shop. The applicant operates as a permitted use in the NC 20ne 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 expresso!cappuccino. The applicant re~uest the ability to allow its customers to consume these items within the store with the convenience of sitting 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 20ne district under the heading of "delicatessen". Currently there is no definition of delicatessen in the Aspen Municipal Code or the Aspen Land Use Regulations. -""""" -""""" ,ihf! need for this new defInitIon Is established by the accepted definltton 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 p-rep-ares and serves food but which p-rincip-aHy seHs p-ackaged or nonp-erishable food and drink shaH Dot be considered II 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, reteiland 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 distonce-non driving facilities. In oddition, winter ond foll weother 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 areo ond would therefore have olready 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 opplicont is now fllnctioning in this same manner and to the some extent-without the convenience of ol1owing their customers to consume indoors while sitting down. '-', The llppllcllnt proposb~ lhllt this use is In hllrmony Wlth'-"'PUblic interest liS is indeed suggested to better serve the public interest in the NC zone district. The llpplicllnt further proposes that the specific definition of "delicatessen" will prohibit the conflicts llnd burdens of a restaurant operation in the NC district. ' It should also be noted that the business hours of the operation are NC district oriented from 9:00am to 8:00 pm only, and therefore not trying to immulate restaurant service, and continue its primary intentions of operating as a retail food store. ~ .AT:I2Il::llMEN 1 _ , lAND USE APPLICATIOO FOBM r' 1) Project Nane IT()l~r np "F'P,rp nplif"';::.rlOoc:rC:!:::iln 2) Project Ux::ation 710 1<' nn\ant ~u<iR.U9 --9p::H"'~:i ~, B. &C O"rat:lt MJ:lLL Bldg. Aspen, C.nlnr~nn R1n11 (irxlicate street address, 10t & b10ck number, 1ega1 description where awI:q?riate) 3) Present Zoning NC 4) 1Dt Size 5) l\pp1i~'s NalJe, l\ddress & Ibone it Olivi er Mntt i pr, Al ~; n T.~"" 1 -Rnx 1790 Aspen. Co. 81n1? g?~-Rng1 6) Representative's NalJe, l\ddress & Ibone it Colombo & Assocj~tes P n Box 1206 925-7806 7) Type of l\ppHcation (p1ease check all that aw1y) : ..xx.:. Conlitiona1 Use _ Specia1 Review 8040 Green1ine _ ConcepbJal., SPA Fina1 SPA _ 0JncepbJa1 Historic Lev. Fina1 Historic Lev. _ ConcepbJal. roo Minor Historic Lev. ; _ stream Mal:gin Fina1 roo Historic DemoHtion M:Jurrt:ain view P1ane , SUbdivision _ Historic IEsignation Condaminiumization _ TextjMap .An1eIr:3ment _ 1Dt SpHtjIDt Line lIdjustnent 8) Description of Existin:.J UseS (I,n,,"",'[" ani type of ex:ist.in:J sl:rucb.1n!s; awroxiInate sq. ft.; pnrilP'[" of Lo.li..........; any previous aw:rovals granted to the pl:qlerty) . _ GQS Al1....l..u"""L _ GQS Exelrpt:i.on Ryi~ring TTC:!p_Fnn~ ~~nrQ (Permitted use jn NC ~nnp Existing Si~p. 1?R~ ~q ft 9) Description of LevE!l.~,l..l\ppHcation Request for the addition of "delicatessen" to ,:trhe Conditional ll!';es permitten in the NC zone district. 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I-"'- ,.c:=::. ... n . 1 " '.~ J... r': Ir' II . .'":0.: .' rc.;;- ".." e- . ,~."r'n', lU',' ," - . "I l)Q.....' "'" C, __/1 > ;9.J'" n ~~ ~y. ,/" , (b L::br''-<.p 0" . ^ I I I -~~4p . / n -'. il F.rr=i I, ,,' I _....:'"",_ .,!.' 1~ r...._ ~...'"' - / /tLc ,____{ '" I ~. ,~__ __"_ I'__.~~___ L'J -,'" , /('1 p, ,. .. '--_~--,_, r ~ . : :" ~ : r .- "C=.J:::..~- I"! l'bi . - A. ,., - ~'". .~. _-__ J( I J ,s _, ,f..d .."~ r ~-----. ~ ~ ~,.s,,) ,,'" '_~~.:;__' "" '\ . I ~ L..... ='>'~ ~I,. ,__ '" ":. 4:"ie~ ,1- ""~ ~ :c:~:~c ''^'~'1':~A ~t " "";;,:.t ;'c ~> IT>j""'>."'" '" -" ~., ". .':%!4.~h" ,. '~"" ..J'. ~\<:-, '1\ \ '" /.. ." ''/,II</'c, ~ K'i- .L~0- , .-:;-;; .' d^,;}. .~ .J \) '.<~\:].~ .' ,[ ':"..rr ... CCl. Joyce & Thomas Tarby 18417 Pellett Dr. Fenton, MI 48430 (h) 313-634-4200 (0) 313-236-1946 ~, CHATEAU CHAUMONT CC2. Thomas Frank Home Americar 12062 Valley View Garden Grove, CA 1-800-821-8629 (0) 714-893-1007 (h) 15 Vista Del Sol South Laguna, CA 92677 714-499-5110 Larry Thompson PO Box 372425 Satellite Beach, FL 32937 407-723-4154 CC3, Wallen Children's Trust c/o Anne Marchionne, Trustee 899 Skokie Blvd., #520 Northbrook, IL 60062 CC4. Robert E. Kivland. DDS 2290 Kipling Lakewood, CO 80215 303-233-2906/7 (h) Elizabeth M. & Dr. Robert Kivland 12032 W. 27th Drive Lakewood, CO 80215 303-237-7324 CC5. Jay V. March 704 Haldane Drive Kennett Square, PA 19348 215-388-7472 John Becker & Donna Box 90T, Harvey Road Chadds Ford, PA 19317 215-459-4282 CC6. Fred Pearson 10 S. LaSalle St. 12th Floor Chicago, IL 60603 312-346-6161 - Jennifer Rabatine, Sec'y. (h) 2936 Grant Avenue Evanston, IL 60201 312-864-1439 "-'. CC7. Walter A. Bledsoe, Jr. & Katie 413 Merchandise National Bk. Bldg. Terre Haute, IN 47807 CC7a, Dale Eubanks c/o Eubanks, Roberts & Bishop CPA 731 E. Durant St. Aspen, CO 81611 (0) 303-925-4877 CC8. H.E. Reinert Holdings Corp. c/o Reinmax, Ltd. 161 MacLaren Street Ottawa, Ontario, Canada K2C3H3 (0) 613-825-2137 (h) Herman Reinert & Rita 21 Avonlea Road Ottawa, Ontario, Canada K2GOJ4 613-825-2137 (h) Max Natterer & Helen 57 Burbank Road Ottawa, Ontario, Canada K2C3H3 613-226-4297 CC9. James C. Lytle (legal notices) 2215 Central Park Ave. Evanston, IL 60201 (h) 312-869-4433 (0) Pioneer Bank & Trust Co. 4000 W. North Ave. Chicago, IL 60639 312-772-8600 (0) Roy Hofer (checks sent to Hofer) One IBM Plaza, Ste. 4100 Chicago, IL 60611 312-822-9800 (h) 31 Briarwood Lane Indianhead Park, IL 60525 (0) Tilden Cummings, Jr. Merrill Lynch 33 W. Monroe, Ste. 2500 Chicago, IL 312-269-5090 (h) 1333 Maple Avenue Evanston, IL 60201 312-475-4343 CCIO. Harry & Jerrold Day 82 Wild Duck Rd. Stamford, CT 06903 PO Box 0 Middle Haddam, CT 06456 CD 19'. Reinmax Ltd. 161 MacLaren Street Ottawa, Ontario, Canada ,-\ ,,.-., K2POK8 CD20. J. Walton Martin Ltd. c/o Garth Aselford Lt~. 1701 Woodard Drive Ottawa, Ontario, Canada K2COR4 613-225-36S0 CD21. Mrs. Julie Rachlis 2298 Drury Lane Northfield, 1L 60093 (h) 312-446-SS13 (0) 312-441-6300 CD22. Bud Wallen Aspen Chateaux Dev. Co. 899 Skokie Blvd. #S20 Northbrook, 1L 60062 312-498-6250 CD23 Nick Coates c/o Coates, Reid & Waldron 720 E. Hyman Aspen, CO 81611 (0) 303-925-1400 CD24 Kippert Wheeler 3211 Bonny Brook Lakeland, FL 33803 813-644-5026 CD2S & CD26 Bud Wallen (see CD22) ~ CHATEAU DUMONT CDl. Thomas & Barbara Dorsey 4252 South Alton Street Englewood, CO 80111 303-773-0340 CD2. (h) Dr. F. Wallace 500 Huntington Ann Arbor, HI 313-434-6200 313-761-7090 & Janet Drive 48104 Jeffries 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 CDS. Bert & Carol Maxon 8527 Karlov Skokie, IL 60076 (h) 312-675-0344 CD6. Peter O. Fetzer Winston & Strawn One First National Plaza Chicago, IL 60603 (0) 312-558-5758 CD7. Earl & Marilyn Latterman 1230 Squirrel Hill Pittsburgh, PA 15217 412-682-1315 CDE. Bob & Patty Schneider c/o Western Merchandisers Box 32270 Amarillo, TX 79120 (0) 806-376-6251 (h) 806-373-0812 CD9. Michael & Winnie Makinen 223 Fifth Ave. Berea, OH 44017 216-243-4926 (0) 216-433-2288 CDI0. Ian Grant Tabora, Ltd. PO Box 158 Templer House, Don Road St. Helier, Jersey Channel Island Great Britain ,-, CDll. Fred Pearson 10 S. LaSalle St. 12th Fl. 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 (0) 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 (0) 602-795-3317 (h) 602-327-2310 CD15. Michael & Winnie Makinen 223 Fif th Ave. Berea, OH 44017 (h) 216-243-4926 (0) 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 ,~ 150 E. 69th St. Apt. .6G New York, NY 10021 212-309-3400 Mr. James Lytle (see €C9) Mr. Roy Hofer (see CC9 - checks to Hofer) CC12. Mr. Henry Fella 117 4th St. Manhattan Beach, CA 90266 213-374-8882 CC13. Peter R. Wolford 13045 Mindana Way, Unit #4 Marina Del Rey, CA 90292 213-823-4072 CC14. Todd Vieregg Sidley & Austin One First National Plaza Chicago, IL 60603 312-853-7470 (Linda O'Hern, Sec'y) CC15. Dr. Gary Kantor Consultants, Ltd. Sunrise Medical Center 1750 E. Desert Inn Rd. Ste. 200 Las Vegas, NV 89108 702-732-2438 (mark mail "personal") (h) 3735 Meadowcrest Road Las Vegas, NV 89121 CC16. Mary Ann Banach 1931 N. Winchester Chicago, IL 60622 312-486-6063 CC17. Fred Pearson (see CC6) Philip Howard 180 N. LaSalle St. #2002 Chicago, IL 60601 312-782-7120 (h) 200 Locust St. San Francisco, CA 94118 eC18. 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 CCI9. Claud~il 1414 ~. 59th St. Chicago, IL 60637 312-753-2277 (h) 312-493-7465 John Weil 825 University Dr. Saskatoon, Saskatchewan Canada S7NOJ5 306-242-1829 CC20. Perry Altshule 533 S. L.A. St. Los Angeles, CA 90013 818-716-8673 Ellie Altshule 130 Ocean Park Blvd. #515 Santa Monica, CA 90405 213-392-0364 CC21. John Mark Finadco Limited Co. 44257 Collins St. Melbourne 3000, Australia CC22. William L. Wallen Aspen Chateaux Dev. Co. 899 Skokie Blvd. #520 Northbrook, IL 60062 CC23. Walhart Realty c/o William L. Wallen 899 Skokie Blvd. #520 Northbrook, IL 60062 CC24. Henry Fella 117 Fourth Ave. Manhattan Beach, CA 90266 John Petzold 8900 E. Washington Blvd. Pico Rivera, CA 90660-3737 ,.-... ,~, 12 ASPEN CLUB REALTY Managed Units at CHATEAU CHAUMONT Effective 2/3/89 925-4393 Mr. Tom Frank Unit PI' 15 Vista Del Sol South Laguna, CA 92671 (wI 714/893-1007 (hI 714/499-5110 Unit PI' 92671 15 925-1405 f8 Mr. Hermann Reinart Unit PI, 925-1408 161 MacLaren Street Ottawa, Ontario K2POK8 (wI 613/238-6736 (hI 613/728-3333 Jerry & Harry Day Unit PI: 925-8573 P. O. Box 0 Middle Hadden, CT 06596 (w) 203/646-3032 (hI 203/267-0674 112 Henry Fe11a Unit PI: 920-4220 117 4th Street Manhattan Beach, CA 90266 (hI 213/374-8882 110 113 Mr. Peter Wolford Unit PI, 925-1413 13045 Mindanao Way, 14 Marina Del Ray, CA 90292 (wI 213/320-2904 (h) 213/823-4072 114 Todd & cari Vieregg Unit PI, 925-1414 c/o Sidley & Austin One First National Plaza Chicago, IL 60603 (w) 312/853-7470 (hI 312/664-7513 115 Dr. Gary Kantor Unit pI: 925-6879 1750 E. Desert Inn Road, 1200 Las Vegas, NE 89109 (wI 702/732-2438 (h) 702/451-6834 118 Jerome Epstein Unit PI' 925-5734 25 Mt. Laurez Road Hainesport, NJ 08036 (w) 609/267-1600 (hI 215/735-3618 Henry Fe11a Unit PI' 925-6493 117 4th Street Manhattan Beach, CA 90266 (hI 213/374-8882 124 #CJ rna1~' (J1MIc 6j; l1u$+rt?~LIt' C/ D AopeAJ Club ~J;j 730 E. DUI)~ ~hl1 'P f)M114 fJec(fer/ ('.J JF 3 /5OJ CjoT ClUL1IG-f(l r j) f If /93/7 -- 4/;). ?;, of lJ.;'aJ1;uR-- fh.e- To--o-clzak: 3 ( r.;;;y /ht .;tn'//n_