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HomeMy WebLinkAboutminutes.apz.19820316 RECORD OF PROCEEDINGS 100 Leaves FORiIl,O C.F.HOECKHB.e.1:l loC). Aspen Planning and Zoning Commission Regular Meeting March 16, 1982 The Aspen Planning and Zoning Commission met for a regular meeting on March 16, 1982 at 5:00pm in the Council Chambers. Olof Hedstrom opened the meeting with members Perry Harvey, Jasmine Tygre, Lee Pardee, Al Blomquist, Welton Anderson, Roger Hunt, and Pat Falin present. Commissioners' Comments - Olof Hedstrom said that the Commission had a very successful informal work session. Lee Pardee said that the Commission was very pleased with what they are doing and that the Planning Office was indeed putting a work schedule together that involves planning rather than just agenda items. Pardee said that the Commission feels that there are too many projects that receive GMP allocations; two years later when they fiftally build/the plans submitted bear very little relationship to the allocated plans. Pardee said that it would seem appropriate to have any project that has received a GMP allocation be building plans or final plans have to be submitted to the Planning Office for a sign off prior to being submitted to the Building Department. Pardee said that Commission feels that past performance should be a GMP criteria of considerable weight. Lee Pardee continued with a comment that Al Blomquists' "Master-planning idea" was liked by all of the Commission members. Blomquists' idea is in three parts; 1) A trail system around the whole City which would tie in with bus routes and also the new Silverking project. 2) The Commission would like to insure that there be a trail system and that the whole Smuggler Master Planning project program now going on give input to the P&Z. Minutes _ Roger Hunt moves to approve the minutes of February 16, 1982. Perry Harvey seconds. All in favore. Motion carried. Public Hearing Old Post Office Building - Restaurant as a Conditional Use. Alice Davis of the Planning Office would like to enter the March 11, 1982 memo into the Public record. Alice said this a proposal for a Japanese Steak House in the C-l Zone district therefore it is a Conditional Use. Alice Davis said that the Planning Office recommends denial, because of the neighborhood compatability issues and because of the potential problems of the commercial and development allocation and noise in particular as far as the compatability goes; However if the Planning and Zoning Commission feels it is an appropriate use then sufficient conditions should be attached to the approval to make sure that it is the operation as proposed and that any type of modification at all they would come back for approval. The Planning Office listed things that they feel need to be conditioned if that is the route the P&Z wants to go. These include the bar oper- ation which seem to be a major concern of the residents, the hours of operation and the seating capacity. Gideon Kaufman, attorney representing the proposed restaurant, said that a conditional use of a restaurant is allowed in the C-l zone district. Gideon 'said that the reason we are here tonight is to see if this particular restaurant in the C-l zone district meets the conditional use requirements. Gideon examines the three criteria of the Code for con- ditional uses. 1) Does the proposed use comply wiht all of the requirements in the zoning code? The Planning Office memo only raises one concern on that point and that is the GMP issue; both the previous and present City Attorney's have ,"ade legal determin- ization on that, that this is in fact exempt from the GMP. Lee Pardee said that he would like this to be noted that if this is passed, that this is made clear that in the approval that this does not have to have a GMP allocation because it was originally commercial and it is privately o\IDed and make this as specific and restrictive as possible, Gideon continues with the seconde requirement; 2) Is the Use consistent with the objective: and purposes of the zoning code? Gideon said that if you look at the Planning Offices memo it is clear that they agree that the use is consistent with the objectives and pur- poses of the zoning code. Its use is not primarily tourist orientated, it is to run by one of the owners of one of the best established local restaurants in the cor.nnunity. Its location, outside,of themain tourist area speaks to its benefit of not being tourist orientated. The third criteria 3) Is the use compatable with the surrounding land uses? The Planning Office raises the question of parking; Gideon said there is no parJ:ing reqquirement in the C-l zone district , but the,~pplicant has secured 15 parking spaces. Gideon said that another problem discussed was noise. Gideon reminded the Connnission that when the Post Office was there with 1500 to 2000 peopl, using it on a daily basis This is a much less intensive use, less parking and primarily in evening when parking is not as much of a problem. --- .. -2- Gideon said there is no prohibition based on noise in the C-l zone district. The applicant is willingto state the dinner will be served between 5:30 and 10:66 pm The bar will be an adjunt to the restaurant and the hours of operation will be similar. The applicant is also willing to limit the seating capacity to 136 people. Based n the code for this size building, the applicant could provide a restaurant for 400 people. Gideon Kaufman would like to enter some letters into the Public record in support of the restaurant. In summation, Gideon said that if you examine it as a restaurant in a location where it is a conditional use, he thinks the applicant will meet all of the conditions of the Code Olof Hedstrom opens the Public Hearing Jerome Meister, thinks the idea of a restaurant is a good one at that location. Russ Finnigan, manager of Sports Stalker Ski Shop, and gives his support of the restaurant and thinks that a Japanese restaurant will be real good for Aspen. George Vincenzi, feels that this style restaurant will be a definite positive to the neighborhood and to Aspen. Harry Stebner, with Aspen Chateau Co., has received letters in objection to this res- taurant. Terry McArthur said that the neighbors are relying on Planning office recommendation, the criteria of the code, the compatability of surrounding land-use, concern over parking, debis and garbage and noise. Adam Walton, owns property within a 300ft. radius of the restaurant. Walton said that a Public Hearing is announced in the paper one time and does not feel that this is enough notice for neighbors. Walton enters irto the record, a list of Deighbors that are opposed to the proposed restaurant. Martin Fluge, one of the part owners of the Old Post Office, said that he and his wife are in favor of the proposed restaurant. OlofHedstrom closed the Public Hearing andasked the Connnissioners to comment. Perry Harvey said that he thinks it is important to go back and examine why the Old Post Officewas made a conditional use in this zone. Harvey said that at the time the evidence was that restaurants were being forced from the Commercial Core due to the cost of the rental space. Havey said that when the C-l zone was set up it was meant to be a buffer When restaurants were allowed as a conditmnal use, on a case by case~asis, it was because the P&Z saw what was happening in the commercial core and the need for some realistic rental area for restaurants that would be primarily locally orientated. The conditions that the applicant puts on this project answer any questions Harvey has about the restaurant. Harvey is supportye of the new restaurant. Welton Anderson said that he thinks the location is a definite deterent to tourist usage and that it is off the beaten track. Jasmine Tygre thinks that its true that is very often difficult to distinguish between tourist and local uses. Jasmine said that if a restaurant is any good they will have some locals and tourists, she feels this is true of almost all commercial ventures. Jasmine said that what the P&Z should do is to try to make the particular use that he is applying foras compatable as non-destructive to the rest of the neighborhood as possible, and to try to mitigate whatever impacts that particular usage would have. Jasmine thinks that the applicant has made a great effort in this area. Roger Hunt said that first of all he does not believe th is is the proper location for a restaurant and the philosophy of a restaurant being a conditional use in this area for local use only, Hunt is not convinced that the applicant could meet this criteria. Hunts major problem with is that the applicant is now expandng an alley operation in support of the restaurant. Basicly what the Chateau Aspen is going to be faced with is the problem of diesel vehicles idleing thier engines for extended periods of time even though their delivery is off alley, they are going to be lined up in the alley and the alley will change from clean to dirty. Hunt said that the alley will be dirty, noise, and odorous. Hunt feels there will be a parking situation. This will be an impact on the Aspen Chateau. Roger Hunt said that he cannot support this application. Lee Pardee said that he had lobbyed very hard to some the approval of restaurants as conditional uses in C-l; however, Pardee is in favor of the application and thinks the applicant is doing a good job to mitigate potential problems in the neighborhood. Pardee does insist on 5 restrictions and a properly worded disclaimer in effect for the GMP allocation. Al Blomquist thinks that the use complys with the requirements of the zoning code in that this is zoned commercial and that the uses are consistent with the objectives of the code especially in the sense it has less impact than the Post Office had prior to it. Blomquist finds that the use is compatable with the surrounding land-uses and being a Lodge-owner he feels that the Commission should be in agreement with him that short term lodging is a commercial use; in that it has a business license, it collects a sales tax and therefore a 100% of the sides of this property is a commercial use. Blomquist is very concerned about what is happening to the price of land in the down town core area and what it is doing to the various kinds of businesses there and in turn what it has done to lodging guests. mof Hedstrom said that the issue of a restaurant as a con ditional use has been settled Hedstrom feels that this applicant has gone very far in anticipating the possible bjectional features of a restaurantand that carrys alot of weight with Hedstrom. -- -......- '-"^~~._~~.-.._--~ RECORD OF PROCEEDINGS 100 Leaves FORM" C- F. HO"CKf~ B. B. !Ie L. ~8. Aspen Planning and Zoning Commission Regular Meeting March 16, 1982 -3- Hedstrom that it should be kept in mind that any use in a building that size is going to have an impact to some degree of noise and trash and traffic, bearing in mind what the applicant has proposed, Hedstrom feels that it deserves approval. Gideon Kaufman said that the applicant would be willing to accept a condition that says that any change in the type of a restaurant would require approval. So that if it went from a Japanese style steak house to something different that the applicant would have to come back before the Commission. Olof Hedstrom said that the same restrictions that this Commission would carryover to a new owner. Alan Richman said that right n ow the Code only requires that they return to the Commission if there is a modification or structural enlargement, the Commission can broaden that con- cept to deal with the operations which is something the Planning Office and the apolicant suggested be an area f review. Lee Pardee moves that the Commission approve Ken Bernard's Japanese style restaurant in the Old Post Office with the following six requirements: 1) That the restaurant take reservations 2) That fifteen parking spaces be provided and no employees be allowed to use those spaces 3) That the restaurant operate on a year round basis. 4) That the hours of operation be 5:30 pm to 10:00pm meaning that the doors close at ten and that be for the bar and restaurant. 5) That the capcity be 136. 6) That the restaurant be maintained as a Japanese Restaurant and that this conditional Use approval be null and viod if the Japanese Style Restaurant should cease. Pardee also adds that this approval does not require a GMP allocation because of previous commercial use and because of private ownership of the property. Gideon said that he does not have any objections to the first six conditions and if P&Z wants to make a statement as twhy they are doing this but Gideon does not want that last corr~ent to be a condition. Pardee said that it is in the minutes to establish a precedence. Pardee adds a seventh conditon to his motion. 7) That deliveries be from Hyman Street rather than from the alley. Jasmine Tygre seconds. Olof asked if there is discussion. Al Blomquist does not like the way that read- Hyman rather than the alley. Lee Pardee changes his motion to read that the delivery access into the building be from the middle of the Western side of the structure. Jasmine amends her second. Olof Hedstrom said that it is the Commission's feeling that this type of restaurant will produce less annoying or objectional features than other possible types of restaurants. Olof said that all in favor should indicate by saying Aye; Olof Hedstrom Aye Perry Harvey Aye Jasmine Tygre Aye Lee Pardee Aye Al Blomquist Aye Welton Anderson Aye Pat Falin Aye Roger Hunt Naye Motion is carred. New Business - Andrews McFarlin Subdivision Exception (Condominiumization) Colette Penne, of the Planning Office, said that Andrews/McFarland Subdivision would have to be brought totally up to Code before Condominiumization. The Planning Office recommends that the Planning and Zoning Commission recommend approval for Subdivision Exception and to Condominimize the buildings located at 410, 412 & 414 under the three conditions listed. The Engineering Dept. feels very strongly about getting a fee title to dedication for the addition of Right of Way , in that they anticipate with all the Smuggler activity that it will widened. Colette enters the Planning Office Memo into the minutes for the record. .- ._...........~._-".____o - 4-- Olof Hedstrom asked if there were any questions from the Commission members for Colette Roger Hunt said that he has a question for the applicant, What is the applicants view of what is going to happen here in the Rio Grnade property and the applicants property, Roger asked how he thought that would be integrated? Clyde McFarland said that he does not see being involved in it; because,any plans that have been made doesn't really effect the Andrews/McFarland Subdivision. The problem that is trying to be solved now is the Performing Arts building and the Caps Auto Supply people. McFarland said th ere has been talk about Caps coming to Andrews/McFarland property. McFarland said they do not need to be involved and that generally th e applcants concept goes along with the Rio GrandeTask Force, etc. Roger Hunt asked Mr McFarland how he would invision the operating of a restaurant in that area and would he plan on eliminating the middle building or what? Clyde McFarland said that they d not have plans to eliminate the building but would probably add to it. Al Blomquist mentioned the Public Hearing on the Rio Grande and asked the applicant if Michael Gassman was representing the applicant at that time. McFarland said yes. Al Blomquist said that Gassman indicated a teail extension through the middle of the property with a direct crossing of Mill ST. Blomquist assumed that the outline on the deck on the Plat showing the expansion of the building follows pretty much his drawing of the deck. Blomquist proposes to the Commission that there should be a 20 foot easement fr a trail th rough the middle of the property and that should be a special kind of easement so that it can be over or under the deck so that it can be integrated and so that it is possible for a bicycle or cross-country skiing. Colette Penne asked if this wording would be appropriate: Dedication of a twenty foot trail easement to extend the RioGrande trail in a form that would allow a restaurant deck to possibly be added later. Jasmine TygEe asked Al if his concern about theTrail Easement would be the same regardless of whether or not a restaurant ever goes in ther or not; so Jasmine thinks that those two issues should be separated completely. In terms of overall planning Jasmine Agrees with Blomquist that these kind of Trail easements are essential and that it had to be provided for at some point and that it is probably less hassle to put them in as early as possible. Perry Harvey said that he would like to hear from the applicant in terms of the trail ease- ment and what his recommendations or feeling about it are. Clyde McFarland said that presently it would be nearly impossible for the trail easement to go through that area with the uses that are there now. If the expansion for the restaurant did come , McFarland would consider an easement at that time. Olof Hedstrom said that the applicant must realize that it is the unanimous attitude of this Commission to begin establishing at as early a date as possible the easement for the trail system. Al Blomquist moves that the Commission recommends approval for Subdivision Exception for purposes of Condominiumization subject to the fOllowing conditions: 1) That the fee title dedication of the additional right-of -way required to make the total Mill Street right-of-way of eighty feet be made to the City of Aspen at the time of final Plat. 2) That the owners enter into a written agreement to participate in the costs of future capital improvements (curb, Butter, sidewalk, etc.) 3) That the owners agree to comply with the Building Dept. for correction of life, health and safety efficiencies. 4) That a trail easement twenty feet inwidth extend between the buildings from Mill St. to the Rio Grande property and that this easement shall be tenatively offered until such time as the applicant decides on an expansion pIa n, !at which time terms and conditions of the easement shall be finalized. Roger Hunt thinks that it should be included: that if there is not a plan within ten years including a trail system requireing this easement that it automatically is vacated at that point for when the Rio Grande Trail System is finalized. Colette Penne of the Planning Office said that in all due respect a tenative easement between two buildings is predecated on later expansions and expires in ten years is a "pretty strange condition". Al Blomquist said that what this motion says is that the applicant goback to the drawing board and put an easement on this before they go to Final Plat and the applicant puts terms and conditions of that easement that are acceptable to the Planning Office and Engin- eering Dept. Rger Hunt asked that Condition #4 be clarified or restated. Al Blomquist said that the last provision is that the dash line labeled "designated area of expansion" be removed from the Plat since it is not a part of the Plat. Lee Pardee asked the attorneys office if there was anything wrong with requiring the appli- cant to enter into a written and recorded agreement with the City which will at the City's option dedicate an easement should they improve building B.. Roger Hunt seconds the motion. All in favore. The motion is carried. -- RECORD OF PROCEEDINGS 100 Leaves FORM" C.F.HO"ECKELB.B.lIl.CO. Aspen Planning and Zoning Commission Regular Meeting March 16, 1982 -5"- Ruthie's Restaurant (County Application for P&Z member's information) Colette Penne of the Planning Office introduces Lenny Oates as the Legal Council for the Ski Company. The Ski Company has an application with the County to put a restaurant at the top of I-A over the existing pump house. Colette said the restaurant would have a capacity of maximum 385 people, including th e lounge, sit-down restaurant, in the cafeteria and on the decks. Lee Pardee asked how that breaks down between decks and inside? Colette Penne sa that there are forty seats in the lounge, forty seats in the sit-down restaurant, and 120 in the cafeteria and the rest s approximately 185 on the deck. Colette said that Peter Forsh is fairly convinced that there won't be that much of an impact on the base area and that most people will probably access the Mountain at Little Nell's and traverse over. Lenny Oates sad that it should also be mentioned that this has gone before CCLC and essentialy they will have the Ski Company's cooperation working within practicality on the improvement of access in transportation potential from the standpoint f the I-A Lift. Colette Penne said that she would add that a few of the suggestions th at came out of working with CCLC to this point are the possibilities of a change in bus route in that a bus might come through the lower parking lot. Olof Hedstrom asked if there are any questions or comments from the Commission members. Roger Hunt asked if this is intended to be operated at night as well? Lenny Oates said that it is something that is open for discussion but there is no proposal at this point in time. Lenny said that tradtionally the Aspen Skiing Company's restaurants are operated by lessees and the Ski Company is not going to run lifts at night, so the lessees would have to proceed with further application. Roger Hunt asked if the SkiCompany has considered improving the utilization of 1A for distribrution of their customers getting up on the hill initially, how they considered a support transportation system fromthe Rubey Park area. Peter Forsh said that the Ski Company does not think that the number of people involved that it would support two buses or one bus. Forsh said th at the Ski Company hasn't had a chance to look at that type of an operation. Lenny Oates said that the possibility for pedestrian access of a sidewalk improvement dis- trict, on the right hand side of the street had been discussed that would require elimination of 12 parking spaces, which the Ski Company didn't think was a great sacrifice. Perry Harvey feels that the Ski Company knows how to distribute people around the mountain better than anyone. Harvey does have one question concerning food service. Peter Forsh said food will be taken to the restaurant by snow-cat. Al Blomquist asked if they have given consideration to using this restaurant in the summer? Peter Forsh said that there has been discussion but it is not presently contemplated. Olof Hedstrom said that the Commissions concern here is to pass on to theCounty the concerns of this Commission regarding the impact on the City. Al Bomquist moves that this Commission forward a letter to the County P&Z indicating general support for the proposal of the Aspen Ski Corporation; finding no significant negative impacts at the base of the mountain from the proposal since the capacity of the mountain is established by the capacity of the chair lift I-A. Roger Hunt said that there does exist a possibility that there will be increased utilization of the I-A area by virture of this restaurant and when and if those do occur those problems should be addressed. Olof Hedstrom said that the Commission should satisfy everyone they can by compromise; Hedstrm said there are no impacts that can be identified orforseen at this time. Perry Harvey seconds. All in favor except Roger Hunt. Motion carried. Resolution- Performance Bond for 700 South Galena Street Project. Motion is made to change some wording in the Resolution. All in favor. Motion carried. (The secretary will have to find out which wording was changed because the motion was not clear on the tape.) Motion to adjourn the meeting by Harvey. Tygre seconds. All in favor. Meeting Adjourned. :Jn~ di-&~ C