HomeMy WebLinkAboutLand Use Case.CU.101 W Main St.A23-90 CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 4 4 90 PARCEL ID AND CASE NO.
DATE COMPLETE:70r • • 2735- 124 -55 -005 A23 -90
2735 - 124 -55 -033 thru 064
STAFF MEMBER:
PROJECT NAME: Molly Gibson Lodge Conditional Use Review
Project Address: 101 W. Main Street & 120 W. Hopkins St.
Legal Address: Lots O. P. O. Block 59
APPLICANT: Aspen Molly Gibson Limited Partnership & Aspen Ski
Lodge Limited Partnership
Applicant Address:
REPRESENTATIVE: David Tash/Michele Dadv
Representative Address /Phone: 101 W. Main St.
Aspen. CO 81611 5 -3434
PAID: YES NO AMOUNT: $835. NO. OF COPIES RECEIVED: 2
TYPE OF APPLICATION: 1 STEP: 1 2 STEP:
P &Z Meeting Date MCL &' Q PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
REFERRALS:
City Attorney Mtn. Bell School District
City Engineer Parks Dept. Rocky Mtn Nat Gas
Housing Dir. Holy Cross State Hwy Dept(GW)
Aspen Water Fire Marshall State Hwy Dept(GJ)
/ City Electric Building Inspector \ \P
V Envir. Hlth. Roaring Fork Other Ct
Aspen Consol. Energy Center
S.D. Q
DATE REFERRED: ` �/ TI�6 / VD INITIALS: 4 Q44-
FINAL ROUTING: DATE ROUTED: INITIAL:
City Atty City Engineer _ Zoning Env. Health
Housing Other:
FILE STATUS AND LOCATION:
MEMORANDUM (/ ' / ,
rA
TO: Planning and Zoning Commission 1 c fr
FROM: Kim Johnson, Planner
RE: Conditional Use Review for Seasonal Outdoor Food
Service - Molly Gibson Lodge
DATE: May 22, 1990
SUMMARY: The Planning Department recommends approval of this
Conditional Use to allow summer outdoor food service with
conditions.
APPLICANT: Molly Gibson Lodge, represented by David Tash and
Michele Dady
LOCATION: 101 W. Main St. (lots O,P,Q, block 59)
ZONING: LP Lodge Preservation, with Main Street Historic
District overlay
APPLICANT'S REQUEST: Approval of Conditional Use for outdoor
food service for customers other than lodge guests from Memorial
Day to Labor Day. The proposal is to use three portable cooking
and beverage service units (already owned by the lodge) in the
pool area of the lodge. Seating and cocktail beverage service
from an inside location is currently available at poolside. The
applicant states that 8 -10 tables will be used in a sidewalk cafe
atmosphere. Short -order food will be served. The intent is to
provide service to the general public as well as guests of the
lodge. No additional employees will be required according to the
application. See proposal letter, site sketch, and food cart
information (Attachment "A ".)
REFERRAL COMMENTS:
HPC / Roxanne Eflin: On May 9, staff discussed the proposal with
the HPC. Given that the activity will be conducted behind the
lodge's solid screen fence, the HPC had no problems provided that
no visual impacts occur in the Main Street Historic District
(signage, awnings, etc.) Attachment "B"
Environmental Health: Carolyn Hardin has submitted a report
(Attachment "C ") and determines that the proposed facilities will
comply with applicable health and environmental regulations, with
the condition that the meat cooked on the outdoor grill will have
a fat content no greater than 15 %, or the grill must meet
emission control requirements.
STAFF COMMENTS:
Permitted uses in the LP zone include kitchen, lounge and dining
room for use by the lodge guests. A conditional Use must be
granted in order for the Molly Gibson Lodge to serve food and
beverages to non -lodge patrons.
Section 7 -304 requires the following standards be met to approve
a Conditional Use:
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive
Plan, and with the intent of the Zone District in which it
is proposed to be located.
Response: This commercial activity is consistent with the goals
and objectives of the Comprehensive Plan. The LP zone allows as
a Conditional Use restaurants serving guests and others.
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed
for development and surrounding land uses, or enhances the
mixture of complimentary uses and activities in the
immediate vicinity of the parcel proposed for development.
Response: Providing eating facilities at a small lodge enhances
the activities of the site. Consideration should be given
however to the promotion of a restaurant at a location which has
limited on -site parking for patrons and employees. HPC's concern
about visual intrusion on the Historic district is valid. The
solid screen separation between the street and the pool area must
remain.
C. The location, size, design and operating characteristics of
the proposed conditional use minimizes adverse effects,
including visual impacts, impacts on pedestrian and
vehicular circulation, parking, trash, service delivery,
noise, vibrations and odor on surrounding properties; and
Response: With the number of proposed tables, grill emission
restrictions, and HPC' requested signage limitations, the cafe's
impact should remain minimal. However, Planning staff is
concerned that the increased level of service may spawn other
increased activity, ie: outdoor parties with music, " Friday
afternoon club at the pool ", etc. The applicant should be
required to stick to the terms of the proposal: short order
snacks and sandwiches only, no more than 10 tables (Planning
wishes to place a cap on number of seats at 40,) no additional
employees, and hours from loam to 7pm. Expansions of service or
size must be reviewed by the Commission as amendments to a
Conditional Use.
D There are adequate public facilities and services to serve
the conditional use including but not limited to roads,
potable water, sewer, solid waste, parks, police, fire
protection, emergency medical services, hospital and medical
Attachment A
The Molly Gibson Lodge desires to serve food and beverage from a Health
Department approved cart by its pool.
The Molly Gibson presently has a Hotel Restaurant Liquor License #343 a copy
of which is attached.
The Molly Gibson is required to serve food under its liquor license. Therefore if
approval is required so that food can be served at the pool that approval is hereby
requested in the nature of a conditional use permilt if said approval is necessary.
Seating will consist of 8 -10 tables. Service will be done with paper or plastic.
Food service will consist of Brauts, Hot Dogs, Chips, Fruit and other short order items.
This sidewalk cafe will provide a pleasant outdoor seating area for the Molly
Gibson guest or others walking around Aspen. It will provide an alternative to the Asia
Restaurant and will add another facility for tourists and Aspenites alike. Guests will be
able to enjoy a cold drink and snack or sandwich in a swimming pool setting.
This cafe will be manned by our present employees. The hours of the poolside
cafe will be from approximately 10am -7pm from Memorial Day to Labor Day.
There should be no impact on our neighbors or on parking. Our intention is to
attract people visiting Paepke Park or those that are staying in lodges located on Main
Street. These prospective customers will stop by while walking from their lodge and
downtown.
services, drainage systems, and schools.
Response: There are adequate public facilities and services in
place to serve the cafe as a conditional use.
E. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by
the conditional use; and
Response: No additional employees will be added to current staff
according to the applicant. Michele Dady stated that winter bell
person(s) will be placed at the food cart for serving customers.
Table service by a waiter /waitress is not a part of this request.
Because food service is already a current permitted use for lodge
guests, Staff feels the impact of "going public" will create a
minimal impact, if limitations on seating, hours of operation,
and signage are adopted.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan
and by all other applicable requirements of this chapter.
Response: The proposed use complies with all other standards set
forth in the Comprehensive Plan and other requirements of Article
7.
STAFF RECOMMENDATION: Staff recommends approval of a Conditional
Use for summer outdoor food service operation serving non -lodge
patrons at the Molly Gibson Lodge with the following conditions:
1. Compliance with all Environmental Health regulations including
grill emissions and fat content of meat.
1p /� ^ � ;) 2. Food service shall be limited to short order snacks and
IY sandwiches on a self -serve basis, nd only l durin the }?our of 10
am to 9- pm-r I w K-. z,c b' - °° j
S" p 3. A maximum of 10 tables or 40 seats will be allowed poolside.
4. Additional advertising and signage for the food service on the
exterior of the lodge or screen fences shall not be permitted.
5. Any other changes or additions to this specific proposal
shall be reviewed as amendments to this Conditional Use and also
be subject to HPC approval. This would include but not be
limited to awnings, screening, signage, and landscaping.
Attachments - "A" Site Sketch, Food Service Unit Information, and
proposal from applicant
"B" HPC Referral
"C" Environmental Health Referral Comments
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The Peckham MC960 and small MC660 are designed to provide retailers maximum
product visibility in a minimum amount of space. The large base cabinet allows for
ample equipment. Each unit is provided with heavy duty casters for easy mobility. A
wide variety of optional display arrangements are available. Choose from pitched or
half round canopies.
Attachment B
MESSAGE DISPLAY
TO Kim Johnson
From: Roxanne Eflin
Postmark: May 14,90 11:11 AM
Subject: Reply to: Molly Gibson, HPC comments?
Reply text:
From Roxanne Eflin:
On May 9, staff discussed the proposed improvements for the Molly
Gibson Lodge with the HPC, explaining that everything was to be
hidden from view from their solid wood fence, and that the P &Z would
be handling the other issues. The HPC had no problem with staff
signing off on this proposal, provided no visual impacts occur in the
Main Street Historic District (signage, awnings, etc.)
Preceding message:
From Kim Johnson:
Please CEO me back with a statement re: HPC's and your comments on
the Molly Gibson proposal. Thanks a bunch!
X
•
ASPEN�PITKIN Attachment C
EN*ifONMENTAL HEALTH DEPARTMENT
MEMORANDUM
To: Kim Johnson
Planning Office
From: Carolyn Hardin
Environmental Htlalth Department
Date: April 24, 1990
Re: Molly Gibson Lodge Conditional Use Review
Parcel ID# 2735- 124 -55 -005 and
2735- 124 -55 thru 031
The Aspen /Pitkin Environmental Health Department has evaluated
the proposed additional food service area with particular
attention to the impact of this addition on the water supply
system, the wastewater disposal system, and the overall
sanitation level of the food service facility. The authority for
this review is granted to this office by the Aspen /Pitkin
Planning Office as stated in Chapter 24 of the Aspen Municipal
Code. We offer the following review comments for your
consideration:
SEWAGE TREATMENT AND COLLECTION:
Wastewater disposal for the applicant's property is currently
provided by the Aspen Consolidated Sanitation District. This
conforms with Section 1 -2.3 of the Pitkin County Regulations On
Individual Sewage Disposal Systems policy to "require the use of
public sewer systems wherever and whenever feasible, and to limit
the installation of individual sewage , disposal systems only to
areas that are not feasible for public sewers ".
ADEQUATE PROVISIONS FOR WATER NEEDS:
Water for the applicant's property is currently provided by the
Aspen Water Department distribution system. This conforms with
Section 23 -55 of the Aspen Municipal Code requiring such projects
"which use water shall be connected to the municipal water
utility system ".
•
AIR QUALITY:
The applicant's proposal includes an outdoor grill. The
applicant shall be required to comply with Ordinance 83 -12, the
City of Aspen Restaurant Grill Ordinance. If this grill is a
char - broiler and not a grooved griddle, and there are no emission
control devices such as an electrostatic precipitator for the
130 South Galena Street Aspen, Colorado 81611 303/900 -6070
Molly Gibson Lodge Conditional Use Review
April 24, 1990
Page 2
device, the applicant may not cook meats which have a fat content
greater than 15% on this grill. It is the applicant's
responsibility to demonstrate that they are in compliance with
this ordinance.
NOISE:
The applicant shall be required to comply with Chapter 16 of the
Aspen Municipal Code, titled Noise Abatement. Any complaints
from neighboring properties that are registered with this office
will be investigated using this document.
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS:
This department has conducted a site visit to the applicant's
property to determine whether the proposed expansion of the food
service area would be in compliance with Title 12, Article 44,
Part 2, C.R.S. 1973 - Food Service Establishments, and with the
Rules and Regulations Governing the Sanitation of Food Service
Establishments in the State of Colorado, dated July 1, 1978. It
is our opinion that the proposed expansion will comply with the
regulations cited above. The applicant will need to contact this
department prior to opening for service to the public for an
inspection of the new food preparation area.
The Molly Gibson Lodge desires to serve food and beverage from a Health
Department approved cart by its pool.
The Molly Gibson presently has a Hotel Restaurant Liquor License #343 a copy
of which is attached.
The Molly Gibson is required to serve food under its liquor license. Therefore if
approval is required so that food can be served at the pool that approval is hereby
requested in the nature of a conditional use permilt if said approval is necessary.
Seating will consist of 8 -10 tables. Service will be done with paper or plastic.
Food service will consist of Brauts, Hot Dogs, Chips, Fruit and other short order items.
This sidewalk cafe will provide a pleasant outdoor seating area for the Molly
Gibson guest or others walking around Aspen. It will provide an alternative to the Asia
Restaurant and will add another facility for tourists and Aspenites alike. Guests will be
able to enjoy a cold drink and snack or sandwich in a swimming pool setting.
This cafe will be manned by our present employees. The hours of the poolside
cafe will be from approximately 10am -7pm from Memorial Day to Labor Day.
There should be no impact on our neighbors or on parking. Our intention is to
attract people visiting Paepke Park or those that are staying in lodges located on Main
Street. These prospective customers will stop by while walking from their lodge and
downtown.
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APPFCAO BY .
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MOLLY GIBSON LODGE
April 5, 1990
To Whom It May Concern:
Please be advised that Zachary Schultz is President
of The Shultz Corporation, Amarillo, Texas and that
The Shultz Corporation is the General Partner of
Aspen Ski Lodge Limited Partnership and Molly Gibson
Properties Limited, 101 W. Main St., Aspen, Colorado.
jO
Zachary " ltz • David Tash
'resid- t . General Manager
4r✓
NOTICE TO ADJACENT PROPERTY OWNERS
RE: MOLLY GIBSON LODGE CONDITIONAL USE REVIEW
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, May 22, 1990 at a meeting to begin at 4:30 pm before the
Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130
South Galena Street, Aspen, Colorado to consider an application
from the Molly Gibson Lodge requesting Conditional Use approval
for pool side food and beverage service. Molly Gibson Lodge is
located at 101 West Main Street, Lots E, F, G, H, 0, P, Q, Block
59.
For further information, contact the Aspen /Pitkin Planning
Office, 130 S. Galena St., Aspen, CO 920 -5090.
s /C. Welton Anderson, Chairman
Planning and Zoning Commission
•
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the title to the lano, Company shall termm��� unless the tom
anon to purchase by rov , oo insured under this po extent of the
entitle o p�rchoser of the estote or i °e •able t "�' notice is required; p
insured ual co ne to be releasetherdNCEel'very of mo in no case prejudice '9ts }oilure and then only to the
contradu °I condlhon regwring , ._
y, CONTINUATION Of INSURA_ ,.
,,, ,ti;. „ou cv'zhall continue in
S C H E D U L E A
ORDER NO.: 0001653U POLICY NO.: M- 9942 - 488157
DATE OF POLICY: November 10, 1989 at 9:31 A.N.
AMOUNT OF INSURANCE: $ 900,000.00
1. NAME OF INSURED:
THE BANK OF ASPEN
2. THE ESTATE OR INTEREST IN THE LAND WHICH IS ENCUMBERED BY THE
INSURED MORTGAGE IS:
Fee Simple
3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
ASPEN'S MOLLY GIBSON PROPERTIES LIMITED PARTNERSHIP
4. THE INSURED MORTGAGE AND ASSIGNMENTS THEREOF, IF ANY, ARE
DESCRIBED AS FOLLOWS:
A Deed of Trust dated November 8, 1989, executed by Aspen's
Molly Gibson Properties Limited Partnership, to the Public
Trustee of Pitkin County, to secure an indebtedness of
8900,000.00, in favor of The Bank of Aspen, recorded November
10, 1989 in Book 606 at Page 971 as Reception No. 317016.
5. THE LAND REFERRED TO IN TIIIS POLICY IS IN THE STATE OF
COLORADO, COUNTY OF PITKIN, AND IS DESCRIBED AS FOLLOWS:
LOTS 0, P AND U
BLOCK 59
CITY AND TOWNSITE OF ASPEN
COUNTY OF PITKIN, STATE OF COLORADO
% _141/
Stewart Title of Aspen, Inc.
602 E. Hyman
Aspen, Colorado 81611
(303) 925 -3577
1 I /
AU HORIZED 1
SIGNATURE STEWART TITLE
GUARANTY COMPANY
,PEN /PITKIN PLANNING OFFICE '
130 South Galena Street
Aspen, Colorado 81611
(303) 920-5090
LAND USE APPLICATION FEES
0 00713 - 63250 -134 GMP /CONCEPTUAL - --
- 63270 -136 GMP /FINAL
- 63280 -137 SUB /CONCEPTUAL
- 63300 -139 SUB /FINAL � — APPLICATIONS ,
- 63370 -14 ALL 1 -STEP APPLICATIONS/ LR( —
- 63320 -141 -- CONSENT AGENDA ITEMS
REFERRAL FEES:
00125 - 63340 -205 ENVIRONMENTAL HEALTH
00123 - 63340 -190 HOUSING
it - 63 340 -163 �
00115 ENGINEERING — SUBTOTAL
County
00113 - 63160 -126 GMP /GENERAL
- 63170 -127 GMP /DETAILED
- 63180 -128 GMP /FINAL --
I -63190 -129 SUB/GENERAL
-63200 -130 SUB/DETAILED -----
- 63210 -131 SUB/FINAL
- 63220 -132 ALL 2 -STEP APPLICATIONS
- 63230 -133 ALL 1 -STEP APPLICATIONS / _, --
CONSENT AGENDA ITEMS
- 63450 -146 BOARD OF ADJUSTMENT
REFERRAL FEES:
00125 - 63340 -205 ENVIRONMENTAL HEALTH - ---_
HOUSING - - -
-63340-1 ------ 00113
00113 - 63360 -143 ENGINEERING
PLANNING OFFICE SALES
00113 - 63080 -122 CITY /COUNTY CODE --
- 63090 -123
COMP. PLAN
63140 -124 COPY FEES
- 69000 -145 OTHER --_
SUBTOTAL
TOTAL x.
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Address: / /. , . r u �J--G
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Date: /
Check # � e.
Additional billing:
*of Hours: �I�