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HomeMy WebLinkAboutcoa.lu.sr.Kuhn Plaza.A6798PN 2737-073-29001 Case A6�-98 Kuhn Plaza Special Review 2L� _ �1 0 IUV2 COMMUNITY DEVELOPMENT DERARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1163 City Engineer 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection Other Fees: 1006 Copy 1302 GIS Maps 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposif 1268 Public Right-of-way 1 164 School District Land Ded. TOTAL NAME: ADDRESS/PROJECT: PHONE: CHECK# A. CASE/PERMIT#: ! J # OF COPIES: DATE: INITIAL: ..)'-3 -4- <7o c I 0 PARCEL ID: 2737-073-29001 DATE_RCVD: 08/10/98 # COPIES: 1 CASE NO A067 98 CASE NAME: Kuhn Plaza Special Review PLNR: Amy Gumne PROJ ADDR: 303 E. Main St. VA: E-TYP: Slur iai Review STEPS:F OWN/APP: Matsuitisa ADR 303 E. Main St. C/S/Z: lAspen, CO 81611 PHN: 544-6628 REP: Jeff Halferty Design ADR: 215 S. Monarch C/S/Z: Aspen, CO 81611 PHN 920-4535 FEES DUE: 450 (ff) FEES RCVD 450 REFERRALS REF:— BYF— DUE]�� MTG DATE REV BODY PH NOTICED I DATE OF FINAL ACTION: REMARKS CITY COUNCIL: PZ' CLOSED: BY: BOA, I I DRAC: PLAT SUBMITD: PLAT (BK,PG): ADMIN:I MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Interim Community Development Director w FROM: Amy Guthrie, Historic Preservation Officer RE: 303 E. Main Street, Special Review for Trash Area DATE: September 15, 1998 SUMMARY: In early 1996, the Planning and Zoning Commission reviewed several aspects of the proposed redevelopment at 303 E. Main Street, including Special Review to decrease the trash storage area. The code requirement for trash storage on the parcel is a 10'x 20'x 10' space. P&Z approved the location of the trash area on the first floor of the tower and a decrease in the height of the space to 8' in order to lower the overall height of the tower. A drawing showing the approved trash area configuration is attached. Note that although the area is configured like a garage, it is not designated parking for the site. Since that time the project has been built and the restaurant tenant has taken most of the first floor of the tower for dry storage and cold food storage. Trash is being carried down the alley to the Howling Wolf, who have made an informal agreement with Matsuhisa. This situation appears to address the restaurant's trash disposal needs, but is preventing the project from receiving a "Certificate of Occupancy." The applicant requests Special Review to further decrease the trash storage area and to offset that decrease with a better trash removal program, including a written agreement with the Howling Wolf and a more frequent trash pick-up schedule for the garbage that is stored in the building. APPLICANT: Matsuhisa, represented by Jeffrey Halferty. LOCATION: 303 E. Main Street. ZONING: CC, Historic Landmark. CURRENT LAND USE: Restaurant, Bar, Retail Space, Apartment. LOT SIZE: 4,500 square feet. Exhibit A REFERRAL COMMENTS: The project was discussed by the City referral agencies who had the following comments. The comments have been listed as conditions of approval. The Engineering Department has no concerns as long as trash containers are out of the City right-of-way. Environmental Health will accept the proposal if the trash area in the tower is tightly sealed off from the food storage area to their satisfaction. Environmental Health must confirm that Matsuhisa will still have adequate cold food storage with the dedication of some of the existing area to trash storage. The Fire Department must confirm that the sprinkler system is adequate (this was checked as part of the original application, but should be re -confirmed.) Brian Flynn, the City's Environmental Ranger has concerns that any trash dropped in transport from 303 E. Main to the Howling Wolf, be picked up and disposed of. STAFF REVIEW AND RECOMMENDATION: 26.64.040 Review standards for special review. No development subject to special review shall be permitted unless the commission makes a determination that the proposed development complies with all standards and requirements set forth below. Utility/trash service area. Whenever the special review is for reduction of the dimensions of a utility/trash service area, the development application shall be approved only if: 1. There is a demonstration that given the nature of the potential uses of the building and its total square footage, the utility/trash service area proposed to be provided will be adequate. Response: The proposed trash area, shown in two possible locations as Scheme A and Scheme B, is 10'x 5' 1 "x 8,' or 54 square feet. The required space is 10'x 20' x 10,' or 200 square feet. Therefore the applicant proposes to provide one fourth of the required space. This would appear to be unacceptable and inadequate without a means of supplementing the space, which is what the applicant proposes through an agreement with the Howling Wolf, an adjacent restaurant. The City has been working for some time to consolidate trash areas and clean up the commercial alleys by installing compactors. This alley is under consideration for a compactor, but will probably not receive one for some time. In the interim, a formal written agreement to share a dumpster with the Howling Wolf seems to serve a similar purpose. 2 i The trash area which is designated on the 303 E. Main site will accommodate 5 residential type plastic garbage containers. According to BFI, these 5 containers are equivalent to a 2.5 yard standard dumpster. Trash pick up service will be done on a daily basis and the company can access the space through the garage doors by entering a code on the security panel on the outside of the building. This area will handle the trash for the apartment unit, bar area in the historic house, and retail space in the shed. The bar and retail spaces are relatively small, 1044 square feet and 168 square feet respectively, and the bar does not have a kitchen. Staff recommends that P&Z accept the proposal on the receipt of a signed and recorded copy of the agreement with the Howling Wolf. Please note that the agreement states that other tenants of the 303 E. Main project may use the Howling Wolf dumpster if needed, which will provide a safeguard if the trash area in the building becomes full. Additionally, staff recommends conditions of approval that ensure the trash is adequately handled in the future as follows. At such time as a compactor is installed in the alley, the owner and tenants of 303 E. Main Street will be required to participate in that program. If the agreement with the Howling Wolf becomes invalid before a compactor is installed, and no other similar agreement is in place within 10 days, this approval will be nullified and the applicant must modify the trash storage area on the site to the configuration originally approved in 1996. 2. Access to the utility/trash service area is adequate. Response: The proposed trash storage area is readily accessible from the alley. 3. Measures are provided for enclosing trash bins and making them easily movable by trash personnel. Response: The trash bins are fully enclosed within the 303 E. Main building and sprinklers are installed for fire safety. As mentioned above, trash removal will be through the existing garage doors, directly into the alley. 4. When appropriate, provisions for trash compaction are provided by the proposed development and measures are taken to encourage trash compaction by other developments on the block. Response: It is anticipated that a common trash compactor may be installed in this alley in the future, therefore the arrangement to share trash services with another business as a temporary measure until that time seems appropriate. 5. The area for public utility placement and maintenance is adequate and safe for the placement of utilities. 3 i 9 Response: No other utilities are affected by this proposal. STAFF FINDINGS AND RECOMMENDATION: Staff recommends approval of the Special Review for Trash Area at 303 E. Main Street with conditions, finding that the required standards have been met. RECOMMENDED MOTION: "I move to approve Special Review for Trash Area at 303 E. Main Street with the following conditions: 1. The on -site trash storage area shall be as shown in either Scheme A or B, as shown on Exhibit C and as reviewed by the Planning and Zoning Commission on September 15, 1998. 2. The attached agreement with the Howling Wolf must be signed and recorded with the City Clerk's office within 15 days of this approval. 3. The separation wall between the trash area and food storage area shall meet the requirements of the Environmental Health Department. Environmental Health must also confirm that Matsuhisa will still have adequate cold food storage with the dedication of some of the existing area to trash storage. 4. The Fire Department must confirm that the sprinkler system is adequate 5. In transporting their garbage from 303 E. Main Street to the Howling Wolf, Matshuhisa, or any other tenants of 303 E. Main who may participate in the trash agreement with the Howling Wolf, are responsible for picking up items that fall to the ground. Failure to do so will result in a notice of violation from the City's Environmental Ranger and his recommendation that the trash storage revert to the approval as granted in 1996. 6. No fewer than five 90 gallon residential type trash containers, or an equivalent size dumpster will be placed in the on -site trash storage area and pick up for trash will be on a daily basis, as represented by the applicant. 7. At such time as a compactor is installed in the alley, the owner and tenants of 303 E. Main Street will be required to participate in that program. 8. If the agreement with the Howling Wolf becomes invalid before a compactor is installed, and no other similar agreement is in place within 10 days, this approval will be nullified and the applicant must modify the trash storage area on the site to the configuration originally approved in 1996. 9. All material representations made by the applicant shall be considered conditions of approval. E EXHIBITS: A. Staff memo dated September 15, 1998 B. Referral comment from Brian Flynn, dated September 9, 1998 C. Drawing of trash area approved in 1996 D. Application September 9, 1998 Amy Guthrie Community Development City of Aspen. 130 S Galena Aspen, CO 81611 Re: Matsuhisa Trash Disposal Dear Amy, THE CITY OF ASPEN As per our conversation, I feel that the current proposal for Matsuhisa's waste disposal is sufficient. To my knowledge Matsuhisa will be obtaining a written agreement with the Howling Wolf for the use of their dumpster. In addition they will be adding five garbage containers to be enclosed in the lower half of the tower building. I feel that under these conditions they will be able to properly dispose of their solid waste. My biggest concern is the'transportation of garbage from Matsuhisa to Howling Wolf. During this time they should take great care to prevent garbage from blowing away or .falling to the ground. In the event it does happen they will be responsible for cleaning up any mess. The failure to do so will result in a notice of violation and my recommendation that Matsuhisa use the bottom half of the tower building as it was intended. In the future business' in the Commercial Core will be required to use compactors. At that time, Matsuhisa will be required to participate in this program. If you have questions or would like to discuss this further please call me at 920-5120. an nn Environmental Ranger attachment 130 SOUTH GALENA STREET • ASPEN, COLORADO 81611-1975 • PHONE 970.920.5000 • FAx 970.920.5197 Printed on Recycled Paper Exhibit B 0 4!q!4x3 II O In Q H w a J 0 Z F W Z r' /n >�} k�Y W i:n `' , M� ) z 15 n rr O F- w _I LL 'IT Q N z D O r� V Q /W VJ ^O mO n � 0 ATTACHMENT 1 • • LAND USE APPLICATION F1' RK f I 4 Z cc -- -3 C) A �� ��� 1) Project Name 2) Project Iocation C M 6 11V i C( v (indicate street address, lot & block number, legal description where apprcpri�ate) 3 Present Zoning 4) Iot ' Size (� O C 5) Applicant's Name, Address & Phone # 6) Representative's Name, Address & Inc m # /4 L 4)n /VC/ It rL Imo, 1�61 -'� 7) Type of Application (please'da all that apply): Conditional Use Cmxxptual SPA V/ Special Review Final SPA 8040 Greenline Concepbol PUD Stream Margin Mountain view Plane C7mic ini mn ration Iot Split/Lot Line Adjustment Subdivision Text/Map Amexxime Tt Final Historic Dev. Minor Historic Dev. Historic Demolition Historic Designation GIQS Allotment 13) Description of Dusting Uses (mmber and type of mdsting str�res; approximte s•. ft.; number of bedrooms; previcus approvals granted to the property) 9) Description of Development Application 10) \Have you attached the following? \ Response to Attadment 2, Minimm &&mission C otitentS Response to Attadment 3, Specific Submissicn Oontents Response to Attadment 4, Review Standards for Your Application Exhibit D w v 70 Alley Jeffrey h a I f e r 4 y design SCHEME 5. MATSU H I SA CGA RA (3E • i J e f f r e y h a f f e r t y d e s i g n 215 S Monarch St. suite 202 Aspen, Colorado 81611 (970) 920-4535 (970) 925-4990 Fax Memo DATE: 8/26/98 TO: The City of Aspen Community Development Attn.: Julie Ann Woods, Deputy Director Stan Clauson, Director Amy Guthrie, Staff H.P.C. FROM: Jeffrey Halferty RE: 303 E. Main St. Matsuhisa Restaurant Application for Planning and Zoning Trash Storage Area COMMENTS. Dear Amy, As per your request, here is the additional information you requested. Concoming your memo dated 8/19/98 we have answered your and Environmental Health's concern. • Matsuhisa is submitting a letter of continued agreement with the Howling Wolf for trash disposal_ • Matsuhisa would like to continue with the idea of creating a sealed off trash storage, facility accessed from the south side of the tower. This storage area will be approx. 41 Sq. ft aaciwal accommodate both trash and recycling. Grease is disposed of properly with a separate grease trap. The storage area will be separated f nM the dry storage area with a full height partition wall with two layers of sheet rock and coated with an acrylic paint. • The trash area will accommodate five-5 yard portable storage containers. There will be a daily pick up and no compactor will be used. Please give me a call with any questions or requests. Yo,�s^Tr'uly, r ffrey Halferty cc: Matsuhisa Aspen Nobu Matsuhisa Charles Fagan Esq. Jeffrey Klein Niklaus Kuhn 0 • TRASH SERVICE SHARING AGREEMENT WHEREAS Aspen Madman, Inc. d/b/a The Howling Wolf (herein referred to as "The Howling Wolf') is the tenant under a long term lease renting the building located at 316 E. Hopkins Avenue, Aspen, Colorado; and, WHEREAS Matsuhisa-Aspen, LLC d/b/a Matsuhisa-Aspen (herein referred to as "Matsuhisa-Aspen") is a tenant under a long term lease renting space at the building located at 303 E. Mains Street, Aspen, Colorado; and, WHEREAS Matsuhisa-Aspen and The Howling Wolf wish to consolidate their trash service for both financial, environmental and aesthetic reasons, NOW, THEREFORE, in exchange for the terms and conditions set forth in this agreement, the parties agree as follows: 1. The Howling Wolf currently has a large trash disposal dumpster located on the premises at 316 E. Cooper Avenue, Aspen, Colorado. The dumpster is serviced and emptied on a regular schedule. 2. The parties agree that Matsuhisa-Aspen may dispose of its trash in The Howling Wolf dumpster. 3. Matsuhisa-Aspen agrees to pay the monthly service fee for the servicing and emptying of The Howling Wolf dumpster. 4. The parties agree that any increase or modification in trash service made necessary by the terms and conditions of this agreement will be contracted for by The Howling Wolf and paid for by Matsuhisa-Aspen. The parties agree that Matsuhisa-Aspen shall be entitled extend the right to use The Howling Wolf dumpster for trash disposal to the other tenants in the building located at 303 E. Main Street, Aspen, Colorado. 6. The term of this agreement shall be for five (5) years from January 1, 1998. 7. The parties acknowledge and understand that this agreement will require them to cooperate, communicate and work together to establish, maintain and use the dumpster and trash service in a cooperative and reasonable manner. Therefore, the parties agree that their conduct and the administration and interpretation of this agreement shall be undertaken and conducted in a manner that respects the rights of the respective parties and reflects each party's obligation to act in good faith and fair dealing toward the other parties to this agreement. ent By: XY; niA7—aa—a v7a 13103179532; 12' 12 FvCHAILES D FAGAN Aug-26-98 2:30; TO 1OW82RIS7139925 Page 111 P. 03 TRASH SER"CE SHAR[NO AGREE60WT 130tw,em Aspen Maces, Im. d/bra l-to HOWUng Wolf lad Nfut- ga-A —ti, .0 dW& MW*,Wsa-Asprm ASPEN MADMAN, INC. DlB/A THE HOWLING WOLF By- Rob Murdock, i�e>�t Date: 11'tAlWM8A A8FFN, LLC Daft: ��% By: Nobvko Sin Ems, 2 TnTLi o GZ SEP.15.1998 1:38PM NO.690 P.1 PARKS DEPARTMENT Mail to: 130 S. Galena St, Aspen, CO 81611 THE 0-rY OF ASPEN Ship to: 585 Cemetery Lane, Aspen, CO 87 l i Tel (970) 920-5120 FAX (970) 920.6128 FAX COVER SHEET DATE q i� �� NUMBER OF PAGES (u ,� iaxg- FR O M Q Ax7 y`kim rnn L%I. f' TO C, 4ele— COMPANY/ORGANIZATION-- �WNUMBER I2O - M4 NUMBER _qZ©` �53� MESSAGE: SEP.15.199e 1: 39PM ho • 66© P • 0 12.04.010 Sections: 12,.04.010 12.04,.020 12.04.030 12-04-040 12 "050 12.0d_060 12.04.070 l.2.04.080 12.04.090 12A4-100 U04110 12.04.1:20 M04.1.30 Chapter 12.04 SOLID WASTE* Definifiwm Depositing of garbage, trash and ashes. Area around durnpsters maintained free of trash, garbage_ Separate containers required for ashes - Containers to be maintained in sanitary condition. Location of containers. Disposal required. Frequency of collection. Control of ashes, trash or garbage during transportation_ Notice of violations_ Removal of unlawful acmunAations by city. Iien far cost of removal, Violations deerned unlawful - Exemptions from reglliretrlents of this chapter. �F.d"ilor's node Ord. No- 7.19U $ 1, zowded fanner Ch 10, §§ 10-1---14-14-mia ive to slid Warne, in its marry to aad as hmmin wf oar in fh 10. If 10-I-10.14 IQ,. 12.04, §§ 17.04PI--M04.1301. The pro%4h s of foomrr Q. 10 derived item Ora No-17-1977. § I and on Nam. U-1979. if I 5. s Cans rdes+eaee{sj-- Hm1t1; gnabry cf cnvim="a.. Tn10 13. duposal of a-o camases vc+r wars tees cos. § 13.04-0S0;eoakol of mbbiait. weeds mt1 LtuxL § 13.12,010 et:eq, littertag d pubEc or privet= pcupcRp pfl"bimd. § 15.04-Uo; keeping of jmo6 pivbibitad, ¢ 15.04.42At ahad—e d iceboxes and refngerwoom r VA&ted, § 15-0C440, certain dampieg decUmd n=—cr, § 15.04.560(b); refuses Amp. L>a11a:ft4Q and digai m mobile hemne pm*j, § 16.U4,020QF,j. 12 0&010 Definitions. For purposes of this chapter the hollowing terms shall have the memaings ascribed to them: Garbage. TUe beset "gaftgge„ shall mean all warms from the preparj&m and consumption of food, conde=ed food pruducLs and all refuse and waste from the handling, storage, preparation. and sale of product. Trash. The term "trash" sball mead all sohstances, which are neither ashes nor onrb2ge, discarded from dwellirgg,s, rooming houses, hotels, clubs, restaurants, boardinghmises, eatiing places, shops, stores or other places of business. Ashes. The semi "ashes" shall mean the solid residue left when material is bt1 uNt (OrtI. No. 7-1989, § 1: Code 1971, § 10-1) If 12.04.020 Depositing of garbage, trash aald astle& Every owner or occ p= of premises withaa the city shall deposit and cause to be deposited all garbage, trash and ashes which accumulate thereon in (1) animal -proof, fly-tighL covered contdnm, or (2) dumpstcrs approved by the euviroumentai health department, in which case garbage and trash sba11 be secured in throw away containers or in a manlier flies it is not blown or scattered about or allowed to become a mhsanw to tte neighbors or the area (Ord. No- 7-198& § 1: Code 1971, § 10-2) 175 SEP. 15. 199s 1: 39PH 1"Cl. r:=0 P. =i 12-04.030 0 i ].2-04-030 Area around dumipsters maintained free of trash, garbage_ Every owner or occupant of premises with the city using an approved dumps= shall keep the area within ten (10) feet of that dumpster free of gaifirage, t[ash, and ashes_ (t]rd No. 7-I988, § 1: Cbde 1971, § 10-3) 12.04.040 Separate containers required for ashes. All ashes accumulated ou any premises shall be placed m a suitable container separate from garbage and trash containers. (Ord. No. 7-1988, § 1: Code 1971, § 10-4) 12.04.050 Containers to be maintained in sanitary condition. All garbage, trash and ash containers shall be maintained in a clean and sanitary condition. (Ord. No. 7-1988, § 1: Code 1971, § 10-6) 12_04-060 Location of c mtainers- I be owner or occupant of the premises shall place garbage, trash and ash cautaiom at or roar the street or alley adjaoeat m tic prmises in a position conveuk = for loading. Provided, bo wever, that witert Coliection of trash and garbage is not imminent, all aomamers shall be placed on the premises so as to be out of public view as much as possible. (Ord. No. 7-1989, § 1: Code 1971, § 10-7) 12-04,,070 Digm-al regnved. Every owner Or oaupant ofgremises within the cay shall provide his own means of eollec m and disposal of ashes, trash and garbage. (Ord. No_ 7-1988, § 1: Code 1971. § 10-8) 12.04.080 Frequency of collection. Mn collection and disposal of Garbage, trash and ashes Wkhin the city shah be as often as necessary to pruvenrt a public health danger, fire danger or inhibition of right-of-way acc7ess. (Chd. No. 7-1988, § 1: Code 1971, § 10-9) 12-04;090 Control of ashes, trash or garbage daring transportatiom. No person transporting ashes, trash or garbage widdn the city shOl allow any to fall or be blown from the container or vehicle. (Ord. No. 7-1988, § 1: Code 1971, § 10-10) 12.04.100 Notice of violations. (a) U comdi ions which violate any pmvision of this ebapter are determined by the enviramnental health department or pry fine marshal to be an immediate public beam danger, fre hazard or a hazard in bl.oekang emergericy access, they shall cause the immediate removal of the violation. In such case, a minimum fee of twenty-five dollars ($25.00) shall be charged against such premises and agaiist dLe owmr or occupant dxtreof. (b) All other conditions which violate any provision of tWs chapter shall be mUed ha a conspicuous place by the enviro mental health department or their authorized agent. The tag shall sped the violation existing, and shall state that such violation shall be arrmcted within twenty--f ar (24) hours of the tb ne noted on the tag- (Ord. No. 7-1988, § 1: Code 1971. § 10-11) 176 9EP.15. 1991? 1 99Pf1 N0.t;0 P.71 ` • 12.04.110 12.1)4A1O Removal of unlawful sccumuladons by city; lien for cog of t emovaL If me owner or occupant of premises in the city permits ashes, trash, or garbage to ar..cumulaw in violation of any provision of this chapter, the environraesttal health department or fire marshal may rouse it to be removed and disposed of. In such case~ the cost of the r=rnral and disposal shall be charged agadmt the premises and the owner or occupant in addition to any regular charge for such, Such cost may be collected by the city in any action at law, referred for collection by the city attorney, or assessed against the Property- If the ovmers of the premises flail to pay such assessment, it sW be certified by the directorof finance to the county treasurer to be placed on the txuc list for the current year and collected in the same mannez as other taxes, together with a penalty added to defray administrative costs. The cost for removal and disposal may also be added to the monthly water service fee payable by the owner or occupant of &e premises pusuant to Title 25 of the Municipal Corte of the City of Aspen. If said cyst is added to the monthly water service flee and remains unpaid, water service to the pt raises shall be disconnected parsuant to the provisions of T"trle 25_ All the laws of the state for the assessment and collection of general taxes including the laws for the sale of property for taxes and the redemption, thereof shall apply to and have fall effect for the collection of all such assessmears. (Oa No. 7-1988, § 1: Code 1971, § 10-12) 12.04.120 Violations deemed unlawful. Violation of any provision of tints chapter by any person, firm or corporation, whether as owner or occupant shall be unlawful and subject to the penalty provisions in section 1.04.080 of drfs Code. (turd. No. 7-19R8, § 1: Code 1971, § 10-13) 12.04J.30 Exemptions from requirements of this chapter. "Ihe city c otweil hereby authorizes fire city manager to permit exceptions from the requirements of this chapter as application when its requiretne s will impose practical difficulties or uuim essary bardsiap. (Ord. No. 7-1988, § 1: Cade 1971, § 10-14) 177 0 • MEMORANDUM TO: Jeffrey Halferty FROM: Amy Guthrie RE: 303 E. Main, Trash Storage DATE: August 19, 1998 I visited the site today with Betsy Kipp of the Environmental Health Department to hear any concerns that she would have with the proposed trash storage. She had these three comments: 1. Environmental Health would be willing to accept a continued agreement with the Howling Wolf for trash disposal on their site if a letter of agreement between the two parties was submitted. 2. Environmental Health would be willing to accept all or part of the site's trash storage being contained on the pad between the tower and the shed. This is a designated parking spot, so elimination of parking would have to be addressed. Presumably the owner does not want to lose this space and it is not the most attractive location for the trash given the proximity of the entrance to Matsuhisa and the tower apartment, so this may not be a good alternative. 3. Environmental Health will not allow any trash storage in the tower area unless it is tightly sealed off from the rest of the food and dry goods storage in that area. In addition, I spoke with Brian Flynn today, who is the City staff person working on cleaning up downtown alleys. Brian is involved with the Commercial Core and Lodging Commission's effort to place compactors in downtown alleys, which the abutting businesses share. This particular alley is not considered one of the high priority areas, but sometime in the future a compactor could be installed. In the meantime, he feels that an agreement with the Howling Wolf or any other business in that area would be acceptable. Please let me know if you can submit an agreement with the Howling Wolf. Otherwise, if Matsuhisa wishes to pursue storing trash in the tower, I still need the information we've discussed regarding dumpster size, frequency of pick up, etc., and Environmental Health will need to know how that area will be completely sealed off from the rest of the storage. This information has to be submitted to me by 9:00 a.m. on Wednesday, August 26th or the item will be moved off of the September 1 st agenda. Let me know if you have any questions. Thanks! ASPEN/PMGN CONEAUNi ITY DEVELOPMENT DEPARTN ENT Agreement for Payment of City of Aspen Development Application Fees (Please Print Cleariy) CITY OF ASPEN (hereinafter CTTY) and / i \ A-t-m 4 u 0 n (hereinafter APPLIC.�� AGR .1"� AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for �' �'� � : � (� � �i r t ✓. ��; (hereinafter, TIC PROJECT ). kPPLIC.,\NT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996) establishes a tee structure for land use applications and the payment of ail n_ rocessinQ `ers is a condition precedent to a determinarion of a=dcation compieteness. 3. APPLIC -1 � and C= agree that Because of the size. nature or scope of the proposed project- it is not possible at this time to ascertain he toil extent of the costs involved in processing the application. APPLICANT and CI7f hirther agree hat it is in the interest of the parties -o allow �PPLIC��vT to make -avment or an mitiai deposit and to the. -ea ter permit addiIIonai costs to oe billed to APPL:C avT on a monthly basis. _�PDL C av T ar�ees he Will be ceneme^ oy -etaininQ greater cash liquidity and will make additionai payments upon normcation by the -7-Y when hey are necessary as costs are MC'=d. CITY I—ees it will oe 'oenented Jarrcuah the ,-*eater cer:ainr; of recovering its toll costs to process a2PL!C.�uN7S application. 4. CiTY and APPLiCA:v T dinher agree :hat it is un=zcabie for CITY star to compiete processing or present surficient reformation to the ?'.annin2 Commission and/or City Council to enable the Planning Commission and/or City Council to make ie?ally required findings for project approval. unless c•j=ent billing are paid in foil prior to decision. 5. Therefore. APPLIC a y T a�*ees that in consideration of -he CITY's waiver of its right to collect full fees prior to a deTe ninanon of application completeness. APPLICANT shall pay an initial deposit in the amount of S which is for hours of Planning stag time. and if actual recorded costs exceed the initial deposit APPLICANT shall pay additional monthly billings to CI i Y* to reimburse the = for the processing of the appikation mentioned above, including post approval review. Such periodic payments shai be made within 30 days of *he billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN APPLICAIN T 77 • Signature: Stan auso Date: Community Development Director Printed Name: City of Aspen Mailing Address: