HomeMy WebLinkAboutLand Use Case.307 S Mill St.A024-02
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CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
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A024-02
2737-182-17004
307 S. Mill Sl. GMQS Exemption, Special Review, View Pia
307 S. Mill Street
James Lindt
GMQS Exemption, Special Review, View Plan
Sue Parry
Alan Richman
4/2/02
Reso. #13-2002
Approved wi Condition
GMC Reso. #3-2002
4/3/02
J. Lindt
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DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section
26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights",
of the City of Aspen Municipal Code. This Order allows development of a site specific
development plan pursuant to the provisions of the land use approvals, described herein.
The effective date of this Order shall also be the initiation date of a three-year vested
property right. The vested property right shall expire on the day after the third
anniversary of the effective date of this Order, unless a building permit is approved
pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a
revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of
vested property rights, this Order shall remain in full force and effect, excluding any
growth management allotments granted pursuant to Section 26.470, but shall be subject
to any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
William Comcowich, 420 W. Main St.. Aspen. CO 81611
Property Owner's Name, Mailing Address and telephone number
Lots H & I. Block 82, City and Townsite of Aspen
Legal Description and Street Address of Subject Property
GMQS Exemption for 150 SF Expansion. Special Review Approval for Outdoor Seating. Special
Review Approval to pay cash-in-lieu of additional parking. and Wheeler Opera House View
Plane Approval to expand height of storage from 8'3" to 9'9"
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Planning and Zoning Commission Resolution #13-2002. Growth Management Commission
Resolution #3-2002. 4/2/02
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
April 13. 2002
Effective Date of Development Order (Same as date of publication of notice of approval.)
April 14, 2005
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
Issued this 13th day of April, 2002, by the City of Aspen Community
De\,elopment Director.
- ;
lson, Community Development Deputy Director
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RESOLUTION NO. 03
(SERIES OF 2002)
A RESOLUTION OF THE CITY OF ASPENIPITKIN COUNrY GROWTH
MANAGEMENT COMMISSION APPROVING AGROWTlI MANAGEMENT QUOTA
SYSTEM EXEMPTION FOR A 150 SQUARE FOOT A])I)ITI()N" OF NET I-Ei\~AllLE
SQUARE FEET TO 307 SOUTH MILL STREET, LOTS H'ANJ:j t, BLOCK 82, CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel/DNo.2737-182-17-004
WHEREAS, the Community Development Department received an application from Sue
Parry, represented by Alan Richman, requesting approval for a Growth Management Quota
System (GMQS) exemption for an 150 square foot expansion of a commercial restaurant use at
307 S. Mill Street, Lots H and I, Block 82, City and Townsite of Aspen; and,
WHEREAS, the subject property is located in the Commercial Core Zone District and
Historic District, and the lot size is approximately 6,000 square feet; and,
WHEREAS, pursuant to Section 26.470 of the Land Use Code, the Growth Management
Commission may approve a GMQS exemption for an expansion of a commercial use during a
duly noticed public hearing after considering comments from the general public, a
recommendation from the Community Development Director, and recommendations from
relevant referral agencies; and,
WHEREAS, the Aspen/Pitkin County Housing Authority and the Community
Development Department reviewed the proposed expansion and recommended approval of the
proposed exemption provided that the applicant provide employee housing mitigation for .65 full
time employees; and,
WHEREAS, during a duly noticed public hearing on April 2nd, 2002, the Growth
Management Commission approved with conditions, by a nine to one (9-1) vote, the proposed
GMQS exemption for an expansion of the commercial use at 307 S. Mill Street; and,
WHEREAS, the Growth Management Commission has reviewed and considered the
development proposal under the applicable provisions of the Municipal Code as identified herein,
has reviewed and considered the recommendation of the Community Development Director, the
applicable referral agencies, and has taken and considered public comment at a public hearing; and,
WHEREAS, the Growth Management Commission finds that the development proposal
meets or exceeds all applicable development standards and that the approval of the development
proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the Growth Management Commission finds that this Resolution furthers and
is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN/PITKIN
COUNTY GROWTH MANAGEMENT COMMISSION as follows:
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Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, an
exemption from the Growth Management Quota System for a ISO square foot expansion of the
commercial restaurant use at 307 S. Mill Street is hereby approved with the following conditions:
1. Any change of use of the additional ISO net leasable square feet is subject to
an amendment to the GMQS Exemption granted herein and review by the
Growth Management Commission.
I. The Applicant shall complete (prior to any of the remodel work, including
removal of drywall, carpet, tile, etc.,) the Building Department's asbestos
checklist, and if necessary, a person licensed by the state to do asbestos
inspections must conduct an inspection. The Building Department cannot
sign any building permits until they get this report. If there is no asbestos, the
demolition can proceed. If asbestos is present, a licensed asbestos removal
contractor must remove it.
2. The Applicant shall provide a completed fugitive dust control plan to the
Environmental Health Department prior to issuance of a demolition or
building permit.
Section 2:
This Resolution shall not effect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
APPROVED by the Growth Management Commission at its regular meeting on April 2, 2002
APPROVED AS TO FORM:
GROWTH MANAGEMENT COMMISSION:
City Attorney
Jasmine Tygre, Chair
Aspen Planning and Zoning Commission
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ATTEST:
Jackie Lothian, Deputy City Clerk
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RESOLUTION NO. 13
(SERIES OF 2002)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING A WHEELER OPERA HOUSE VIEW PLANE
REVIEW, AND A SPECIAL REVIEW FOR PARKING AND COMMERCIAL
RESTAURANT USE OF OPEN SPACE FOR THE COLONY RESTAURANT AND
PIANO BAR LOCATED AT 307 S. MILL STREET, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel ID: 2737-182-17-004
WHEREAS, the Community Development Department received an application
from Sue Parry, applicant, for a Wheeler Opera House View Plane Review to increase the
height of an existing storage structure to 9'9", and a Special Review for Parking to pay
cash-in-lieu of providing additional on-site parking for a proposed 150 square foot
addition, and a Special Review for Commercial Restaurant Use of Open Space to do
outdoor seating; and;
WHEREAS, the Growth Management Commission approved an Exemption from
the Growth Management Quota System to expand the proposed commercial space by 150
square feet; and,
WHEREAS, the Planning and Zoning Commission shall by resolution approve,
approve with conditions, or disapprove a development application for Wheeler Opera
House View Plane Review, after considering a recommendation by the Community
Development Department pursuant to Land Use Code Section 26.435.070; and,
WHEREAS, the Planning and Zoning Commission shall by resolution approve,
approve with conditions, or disapprove a development application for Special Review for
Parking and Commercial Restaurant Use of Required Open Space, after considering a
recommendation by the Community Development Department, applicable referral agency
comments, and after taking and considering public comments pursuant to Section 26.430;
and,
WHEREAS, the Community Development Department reviewed the Wheeler
Opera House View Plane application and recommended approval; and,
WHEREAS, the Community Development Department reviewed the Special
Review application for Parking and for Commercial Restaurant Use of Required Open
Space and recommended approval with conditions; and,
WHEREAS, during a duly noticed public hearing on April 2, 2002, the Planning
and Zoning Commission, by a six to one (6-1) vote, approved with conditions the
proposed Wheeler Opera House View Plane Review, and a Special Review application to
pay cash-in-lieu for the additional required parking and for Commercial Restaurant Use
of open space; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein, has reviewed and considered the reconunendation of the Community
Development Director; and,
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WHEREAS, the Aspen Planning and Zoning Conunission finds that the
development proposal meets or exceeds all applicable development standards and that the
approval of the development proposal, with conditions, is consistent with the goals and
elements of the Aspen Area Conununity Plan; and,
WHEREAS, the Aspen Planning and Zoning Conunission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Wheeler Opera House View Plane Review application to allow for the existing
storage building to be increased to a height of 9'9" is approved.
Section 2:
That the Special Review application to allow for the Applicant to pay cash-in-lieu for the
additional parking spaces required by the proposed 150 square foot addition is approved
pursuant to Land Use Code Section 26.515.040 with the following condition:
I. The Applicant shall pay a cash-in-lieu fee of $4500 to mitigate for .3 parking
spaces.
Section 3:
That the Special Review application to allow for Conunercial Restaurant Use of the
required open space in the courtyard that abuts the Mill Street Mall is approved pursuant
to Land Use Code Section 26.575.030(A)(lO) with the following conditions:
I. The existing sewer line serving the space shall be investigated further to
determine if it is suitable for an additional restaurant use. The sewer line shall
be brought into conformance with the Sanitation District's Standards if
required. The City of Aspen Parks Department, City Engineer, and Aspen
Consolidated Sanitation District shall be consulted prior to doing any work on
the sewer line within the public right-of-way.
2. The Applicant shall connect the roof drains to a drywell.
3. The Applicant shall provide two bathrooms on-site or receive a variance from
the State of Colorado Health Department.
4. The Applicant shall provide an oil and grease interceptor that meets the
Environmental Health Department and the Aspen Sanitation District's
requirements.
5. The Applicant shall provide a bear-proof trash container on-site.
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6. The bar shall be fully handicap accessible.
7. The Applicant shall obtain HPC approval prior to making any exterior
alterations to the structure.
8. The Applicant shall obtain a Colorado Food Establishment License prior to
opening as a Restaurant.
9. The Applicant shall obtain a liquor license prior to serving alcohol.
10. All uses and construction shall comply with the City of Aspen Water System
Standards and with Title 25 and applicable portions of Title 8 (Water
Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as
they pertain to utilities.
Section 4:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission are hereby
incorporated in such plan development approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 5:
This Resolution shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 6:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Approved by the Commission at its regular meeting on April 2, 2002.
APPROVED AS TO FORM:
PLANNING AND ZONING COMMISSION:
City Attorney
Jasmine Tygre, Chair
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ATTEST:
Jackie Lothian, Deputy City Clerk
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SCHEDULED PUBLIC HEARING DATE: LJ;/~/()~
AFFlDA YIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
sfA,pen, co
ADDRESS OF PROPERTY:
,200_
ST ATE OF COLORADO )
) 'S.
County of Pitkin )
I,~q LA) ~S l--,'\iA 0U)~ (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
~'PUblication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
_ Posting of notice: By posting of notice, which form was obtained from t~
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches widq
and twenty-six (26) inches high, and which was composed ofletters not
less than one inch in height. Said notice was posted at least ten (10) days
prior to tbe pltp!iC hearing and was continuously visible from the _ da.y of
. . " ,200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign)is attached hereto.
_' Mailing of notice. By the mailing ofa notice obtained from the Comm'lnity
. DeveloBI:JJ.ent Department, which contains the information described in/Section
26.304.066'(E)(2) of the Aspen Land Use Code. At least ten (10) days p,iorto the
public hearing, notice was hand delivered or mailed by first class, postage prepaid
U.S. mail to all owners of property within three hundred (300) feet of the property
subject to the development application, and, at least fifteen (15) days prior to the
public hearing, notice was hand delivered or mailed by first class postage prepaid
U.S. mail to any federal agency, state, county, municipal government, school,
service' district or other governmental or quasi-governmental agency that owns
property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
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Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sllfficientlegal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments,
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nature
The foregoing "Affidavit of~otice" was acknowledged be(ore ~~y
of "J7Y~.J)~ , _O~, by -c\~_& ) , !
,-,"~'","m::9~*",l>O lCNOTICE ... '-^'~-'y-
"t- RE'; }07 S'lYIfLL SEET SPEC~~R~ ,FpR,
Ig OFf':.sTREET PARK GANDQ1,J1"pi:)OR,; r>~t(..
it WBE'ELER O'PERA ,U$EVlEWPCAr-ffi'REVIEW'"
.'s NOTICEIS,,~REBX,GIV,EN tha_t ,~pub~kh~~rinft"
n,wlll be~,(dd<)n:Jue,sday:April .2: 2Q9'2: at ,~n:le~~J-
k. ing to begll) at 4:30"p.m. be~ore the Aspel1!']~!'~",
n- nin,s and,2:ollin~ Comm(ssion'_,~i~,ter qtlesR-Qom;" ;
City f!~ll: 130 S. ,qar~na,S~.",f;~en. -tc!"~eOn~i,~er ~n
ti.? 'appll(;atlollstlbm_ltteO:oy Sue__PariY,_~,:reqtiestfng
;So specia],!e,,!~w':'appro\;al:'f('~'"the"of(-S!:re~t
to parki,ngrequlrement~,_ andtOutHiz(! ',op~'space
~~". ~o,r ollt~()()r dining at 307"N::'W.n~treet:. T)le,aj:r
\.0>;' plicanils also .re<iue~tin{Whee]er Opera 'H()us7 ..;
es .ViewPla!'l~Revi~to~:lI1Ci'e.!ls~~ejgntol existing -
)2, storage bui'ldfng: !~epropertY fs, loc_ated,~ai.3o-T
i'ty 'S.MillSt.reet! arid i$describe,d.~! h?f:S., B,~ll:(rt,
," '~~!~~i:~i:~i~;~~~EEQ~~;(~~~~:~E
c. "">'" "",.,JiS/JasmiU,"Tygre'<::hajr .
". ''''p,nPl,nn'n,,,dZon'ngCom'')',,'on COPY OF THE PUBLICATION
PubUshcif in The'ASpen Tlmes"oil'MardfI6,'M,02"
23': '(lf495)_""" ','.-.' "'<',',-'-"-' ",'- -"'," '" '"',"'O''-;:',,,'.-,,-,c,,,,,',.',,_','__'" __
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: t.) / ~ -y ::ZC5:;)~
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Notary Public
ATTACHMENTS:
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY llIAIL
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
"30\
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. Aspen. CO
SCHEDULED:PUBLIC HEARING DATE:
,200_
STATE OF COLORADO )
) ss.
County of Pitkin )
I, l\Lj\~ R.\.c-"'",,,,'-,,,,,,. (name, please print)
being or rejJresenting an Applicant to the City of Aspen, Colorado, hereby personally
certify that I ha:v~ 90mplied with the public notice requirements of Section 26.304.060
eE) of the Aspen'Land Use Code in the following manner:
-/" p2~i:c;11~Jofnotice; By thepublic\ltiQn.in the legal notice sectionofan gJficial
!ctP\lP~ Q'l''l'a1laper 6f g~neral circulation in the City of Aspen at least fifteen (15)
',,~ct:itY~~pii6r to the public hearing. A copy of the publication is attached hereto.
/' Posting of notice: By posting of notice, which form was obtained from the
CortJ.rri)..lI;lity Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26)iIlche's high, and which was composed of letters not
less than one inch in height. Said notice was posted at least ten (10) days
prior to lhe public hearing and was continuously visible from the :J~ day of
\{V\.Ar-..-J.-.. ,200~, to and including the date and time of the public
hearing. A photograph of the posted notice (sig;" ,. "..,.." J'
/ Mailing of notice. By the mailing ofa notice ob
Development Department, which contains the ir
26.304.060(E)(2) of the Aspen Land Use Code,
public hearing, notice was hand delivered or ma
U,S. mail to all owners of property within three
subject to the development application, and, at I.
public hearing. notice was hand delivered or ma
U.S. mail to any federal agency, state, county. IT
service' district or other governmental or quasi-g
property within three hundred (300) feet of the f
development application. The names and addre; "
those on the current tax record~ of Pitkin Count)
sixty (60) days prior to the date of the public he!
governmental agencies so noticed is attached he,
(continued on next pag,
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Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation,or otherwise, the requirement of an accurate survey map or other
slLfficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
~
Signature
The~Lffidavit of Notice" was cknowled ed before me thi
of ,200~by
'NITNESS MY HAND AND OFFICIAL SEAL
My commission expires: -.1J If /0'
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ATTACHMENTS:
COpy OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY JvlAIL
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PUBLIC NOTICE
RE: 307 S. MILL STREET SPECIAL REVIEW FOR OFF-STREET PARKING AND
OUTDOOR DINING, WHEELER OPERA HOUSE VIEW PLAN"EREVIEW
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 2, 2002 at a
meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities
Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Sue Parry,
requesting special review approval to vary the off-street parking requirements and to utilize open
space for outdoor dining at 307 N. Mill Street. The applicant is also requesting Wheeler Opera
House View Plane Review to increase height of existing storage building. The property is located
at 307 S. Mill Street, and is described as Lots H and I, Block 82, City and Townsite of Aspen. For
further information, contact James Lindt at the City of Aspen Community Development
Department, 130 S. Galena St., Aspen, CO (970) 920-5095.
s/Jasmine TVl!:re. Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on March 16, 2002
City of Aspen Account
g:\planning\aspenlnotices\a1pgmc.doc
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PUBLIC NOTICE
RE: 307 S. MILL STREET GMQS EXEMPTION FOR. EXPANSION OF
COMMERCIAL USE
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, Apri12, 2002 at a
meeting to begin at 4:30 p.m. before the AspenlPitkin County Growth Management Commission,
Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by
Sue Parry, requesting a GMQS Exemption for an expansion of the commercial use at 307 N. Mill
Street. The GMQS Exemption is requested pursuant to Section 26.470.070(E)(2) of the Aspen
Land Use Code. The property is located at 307 S. Mill Street, and is described as Lots H and I,
Block 82, City and Townsite of Aspen. For further information, contact James Lindt at the City of
Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095.
s/Jasmine TVl!:re. Chair
AspenlPitkin County Growth Management Commission
Published in the Aspen Times on March 16, 2002
City of Aspen Account
g:\planninglaspenlnotices\alpgmc.doc
1000 EAST HOPKINS LLC
215 SMONARCH#10lD
ASPEN CO 81611
419 EAST HYMAN LLC
C/O TED C SKOKOS
425 W CAPITAL AVE STE 3200
LITTLE ROCK AR 72201
ASPEN SPORTS INC
C/O BECKER BUSINESS SERVICES
630 E HYMAN AVE
ASPEN CO 81611
BALDWIN HARLEY A 11
205 S GALENA ST
ASPEN CO 81611
BIRKWOOD ASSOCIATES
A COLORADO P ARTNERSHlP
POBOX 3421
ASPEN CO 81612
CHARLlES COW COMPANY LLC
315EHYMANAVE
ASPEN CO 81611
CLARK WILLIAM E & LOIS P
PO BOX 362
ASPEN CO 81612
COTTONWOOD VENTURES I LLC
419EHYMANAVE
ASPEN CO 81611
DAVIDSON DONALD W
864 CEMETERY LN
ASPEN CO 81611
DOLE MARGARET M
C/O FIRST NATIONAL BANK OF
CEDARIDGE
PO BOX 8455
ASPEN CO 81612
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1000 EAST HOPKINS LLC
PARK CENTRAL CONDO/C/O R BRANING
CPA
215 S MONARCH #203
ASPEN CO 81611
ASPEN ARCADE L TD LLLP
4020 PALOS VERDE DR N STE 206 .
ROLLING HILLS ESTATES CA 90274-2525
B & K ASSOCIATES
A COLORADO GENERAL PARTNERSHIP
308 S MILL ST
ASPEN CO 81611
BENTLEYS AT THE WHEELER
PO BOX 10370
ASPEN CO 81612
BRINING ROBERT
215 S MONARCH ST STE 203
ASPEN CO 81611
CHICAGO SNOWFLAKE INVESTM
C/O SHELL PROPERTIES CORP
40 SKOKlE BLVD - STE 350
NORTHBROOK lL 60062
COMCOWICH WILLIAM L
TRUSTEE OF ROBERT BARNARD TRUST
420 W MAIN ST
ASPEN CO 81611
COX JAMES E & NANCY
C/O ROB SNYDER
304 S GALENA STE A
ASPEN CO 81611
DAVIS HORN INCORPORATED
215 S MONARCH #104
ASPEN CO 81611
DUVlKE INC
PO BOX 2238
ASPEN CO 81612
,.,
407 EAST HYMAN PROPERTY L
34425 HWY 82
ASPEN CO 81611
ASPEN ART INVESTMENTS LTD
1450SlERRA VISTADR#B
ASPEN CO 81611
BALDWIN HARLEY
205 S GALENA ST
ASPEN CO 81611
BIDWELL BERT INVESTMENT C
PO BOX 567
ASPEN CO 81612
CARLSON BRUCE E
PO BOX 3587
ASPEN CO 81612
CITY OF ASPEN
130 S GALENA ST
ASPEN CO 81611
CONTINENTAL DIVIDE CO
A COLORADO CORP
230 S MILL ST
ASPEN CO 81611
CRYSTAL PALACE CORPORATIO
PO BOX 32
ASPEN CO 81612
DENSON JAMES D
PO BOX 4120
AVON CO 81620
FLEISHER DAVID M 25%
200 E MAIN ST
ASPEN CO 81611
FOOTLOOSE MOCCASIN MAKERS
240 S MILL ST STE 201
ASPEN CO 81611
GOLDSTEIN ALAN J
GOLDSTEIN MANAGEMENT CIO
150 METTRO PARK #2
ROCHESTER NY 14623
GRAND FINALE L TD
PO BOX 32
ASPEN CO 81612
GRIFFITH ANGELINE M
530 WALNUT ST
ASPEN CO 81611
HART GEORGE DAVID & SARAH
PO BOX 5491
SNOWMASS VILLAGE CO 81615
JOHNSON PETER C & SANDRA
215 S MONARCH ST STE GI03
ASPEN CO 81611
KAUFMAN GIDEON I
315 EHYMAN AVE STE305
ASPEN CO 81611
L P C COMPANY INC
A COLORADO CORPORATION
PO BOX 362
ASPEN CO 81612
MCDONALDS CORPORATION 05
REAL ESTATE TAX SECTION
PO BOX 66207
CHICAGO IL 60666
MTN ENTERPRISES 80B
CIO HILLIS OF SNOWMASS
170 GARE CRK DR
VAIL CO 81657
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FREDRICK LARRY D
ROBERTS JANET A AS JOINT TENANTS
215 S MONARCH STE GlOI
ASPEN CO 81611
GOLDSTEIN PETER & ALAN
150 METRO PK #2
ROCHESTER NY 14623
GRAND SLAM HOLDINGS LLC
CIO CARL B LINNECKE CPA PC
215 S MONARCH ST - STE# 101
ASPEN CO 81611
HABATAT GALLERIES ASPEN I
HAGOPIAN SANDY CIO
213 S MILL ST
ASPEN CO 81611
HILLIS OF SNOWMASS INC
170 E GORE CRK
VAIL CO 81657
KANDYCOM INC
766 SINGING WOOD DR
ARCADIA CA 91006
KELLY PROPERTIES INC
PO BO:X 8429
ASPEN CO 81612
LINDNER FRITZ & ERIKA
66966 TEN PEAKS CT
BEND OR 97701-9277
MEEKER RICHARD J AND ALLI
0752 MEADOWOOD DR
ASPEN CO 81611
OBRIEN MAUREEN
215 S MONARCH ST GI02
ASPEN CO 81611
tl
GOLDEN HORN BUILDING L TD
A COLORADO LIMITED PARTNERSHIP
PO BOX 7943
ASPEN CO 81612
GOODING RICHARD L
1200 17TH ST STE 2660
DENVER CO 80202
GREENWOOD KAREN DAY & STE
409 E COOPER AVE
ASPEN CO 81611
HAMPEL W ALTER F JR
290 HEATHER LN
ASPEN CO 81611
IMMOBILIEN LLC
CIO NATIONAL TAX SEARCH LLC
PO BOX 81290
CHICAGO IL 60681-0290
KANTZER TAYLOR MICHAEL FA
6501 VISTA DEL MAR
PLAYA DEL REY CA 90293
KELLY PROPERTIES INC
PO BOX 8429
ASPEN CO 81612
LOMA ALTA CORPORATION
6210 N CENTRAL EXPWY
DALLAS TX 75206
MILL STREET PLAZA ASSOCIA
CIO M & W PROPERTIES
205 S MILL ST STE 30lA
ASPEN CO 81611
ORR ROBERT L
500 PATTERSON RD
GRAND JUNCTION CO 81506
PARK CENTRAL CONDO ASSOC
215 S MONARCH ST STE 203
ASPEN CO 81611
PROSPECTOR FRACTIONAL OWN
301 EHYMAN AVE #108
ASPEN CO 81611
ROBERTS JANET A
215 S MONARCH STE GlOl
ASPEN CO 81611
WENDELIN ASSOC
A NEW YORK GENERAL PARTNERSHIP
150 METRO PARK
ROCHESTER NY 14623
WILLIAMS DEXTER M 51%
230 S MILL ST
ASPEN CO 81611
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PETERSON BROOKE A
C/O KAUFMAN & PETERSON
315EHYMAN
ASPEN CO 81611
RACZAK JOSEPH S & JANET L
0234 LIGHT HILL RD
SNOWMASS CO 81654
RYANCO PARTNERS LTD XXX
C/O SMITH PAT
415 EHYMAN AVE STE 105
ASPEN CO 81611-1945
WHEELER SQUARE - CASPER F
315EHYMAN
ASPEN CO 81611
WOODS FAMILY LIMITED PART
PO BOX 11468
ASPEN CO 81612
"
PEYTON MARl
409 E COOPER #4 STE I
ASPEN CO 81611
RED ONION INVESTORS LLC
C/O RED ONION MGT CO
418E COOPER #205 ATTN: CHARLES B
ISRAEL
ASPEN CO 81611
TRUE NINA W
215 S MONARCH ST#102
ASPEN CO 81611
WHITMER GORDON L
ROSS HOWARD
POBOX 114
ASPEN CO 81612
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ApP~^()V~d a~/ -//10 !A1.d,'a.rJ'
/. Y'raot({~'O,
Aspen/Pitkin County Growth Management Commission AiN1I~ '1 Cf
C ol/'(fh fJ 01./\ (
Julie Ann Woods, Community Development Director W I C~Q/!i r,\<t:2. _I'
Joyce Ohlson, Deputy Director I ~ I Q or-
vl5'( c,V1EJU~<{J
q ~V\~OOV" lctb\e
307 S. Mill Street GMQS Exemption for Expansion of a Commercial Use- PUbhc/
Hearing
1"'"'\
TO:
THRU:
MEMORANDUM
FROM: James Lindt, Plannerc::r-L
RE:
DATE: April 2, 2002
ApPLICANT:
Sue Parry
REPRESENTATIVE:
Alan Richman
LOCATION:
307 S. Mill Street (Parcel that
contains the Popcorn Wagon and
Pacifica Restaurant)
ZONING:
Commercial Core, Historic District
CURRENT LAND USE:
Restaurant (Pacifica & Popcorn
Wagon) & Vacant Space (Last
Tenant was Retail).
PROPOSED LAND USE:
Vacant Space proposed to
become a Restaurant.
LOT SIZE:
6,000 sq. ft.
SUMMARY:
This application requests a GMQS exemption to
increase the commercial net leasable square footage
at 307 S. Mill Street. The purpose of the application
is to make a 150 square foot addition to the currently
vacant space that the Applicant proposes to open as a
restaurant. The proposed increase in net leasable
square footage is approximately 150 square feet.
BACKGROUND:
Sue Parry ("Applicant"), represented by Alan Richman, is requesting approval of a Growth
Management Quota System (GMQS) exemption to expand the net leasable square footage by
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approximately 150 square feet of the Popcorn Wagon Parcel located at 307 S. Mill Street.
Section 26.470.070(E)(2) of the City Land Use Code states that, "an expansion of an existing
commercial or office building of two hundred fifty-one (251) to five hundred (500) net leasable
square feet, excluding employee housing shall be reviewed by the Growth Management
Commission". The code further reads that, "expansion of a building which occurs in phases shall
be limited to a maximum cumulative total of five hundred (500) net leasable square feet and shall
be evaluated in terms of the cumulative impact ofthe entire expansion". Several past exemptions
were granted for expansions of the parcel's net leasable square footage that cumulatively exceed
the aforementioned two hundred fifty-one foot threshold; therefore the proposed exemption
requires review by the Growth Management Commission. For the Commission's information
the applicant is also requesting the following associated land use actions that will be reviewed by
the City of Aspen Planning and Zoning Commission:
~ Special Review for off-street parking to allow for a cash-in-lieu payment for
the additional required parking; and,
~ Special Review for Commercial restaurant use of required open space for
outdoor seating; and,
~ Wheeler Opera House View Plane Review for Storage Addition.
STAFF COMMENTS:
The applicant contends that the proposed addition of 150 net leasable square feet will have a
minimal impact upon the city and that there will be no employees generated by the proposed
expansion. According to the Applicant, the proposed addition of net leasable square footage is
not to increase the seating capacity but rather to increase the circulation area. Therefore, the
Applicant feels that there are no employees being generated by the proposed expansion.
Staff agrees that the proposed expansion would yield a minimal impact upon the City of Aspen.
However, Staff believes that the expansion increases the net leasable square footage and should
be mitigated for accordingly. Based on the City Land Use Code's employee generation
guidelines, the proposed addition would yield between .5 and .78 full-time employees (3.50 to
5.25 employeesll,OOO SF of net leasable in Commercial Core). The Aspen/Pitkin County
Housing Authority (please see recommendation attached as Exhibit "B") has reviewed the
proposed application and recommended that the Applicant provide mitigation at the middle of
the land use code's employee generation range and mitigate for an addition of .65 employees.
The required cash-in-lieu mitigation for an addition of .65 employees would be $72,189.53. The
Housing Authority based their recommendation on the fact that the restaurant use is very labor
intensive.
The Planning Staff agrees with the Housing Authority's assessment of the impacts of the
proposed expansion. The Planning Staff believes that there may actually be no new employees
generated by virtue of the proposed expansion by this particular tenant. However, if and when
this space changes hands, there is no guarantee that the additional space being proposed will not
be used by future tenants as seating or commercial space. Therefore, if the Commission were to
waive the affordable housing mitigation, then Staff feels that future impacts of the additional
space would not be mitigated for. Thus, Staff recommends that the Growth Management
Commission approve the proposed GMQS Exemption with the condition that the Applicant
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mitigate for the proposed 150 square foot expansion as the Housing Authority has recommended
in their referral comments (attached as Exhibit "B"). This requirement is represented in
condition No. 1 of the proposed resolution. Additional conditions have been requested by the
Environmental Health Department.
REVIEW PROCEDURE:
The Growth Management Commission may approve, approve with conditions, or deny the
proposed GMQS Exemption.
RECOMMENDATION:
Staff is recommending that the Growth Management Commission approve with conditions
the proposed GMQS exemption to increase the net leasable square footage by 150 square
feet.
RECOMMENDED MOTION:
"I move to approve the proposed GMQS Exemption to expand the commercial use at 307 South
Mill Street by 150 net leasable square feet with the following conditions:
I. The Applicant shall provide employee housing mitigation for .65 additional full time
employees in a method that is acceptable to the Aspen/Pitkin Housing Authority.
2. The Applicant shall complete (prior to any of the remodel work, including removal of
drywall, carpet, tile, etc.,) the Building Department's asbestos checklist, and if
necessary, a person licensed by the state to do asbestos inspections must conduct an
inspection. The Building Department cannot sign any building permits until they get
this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a
licensed asbestos removal contractor must remove it.
3. The Applicant shall provide a completed fugitive dust control plan to the
Environmental Health Department prior to issuance of a demolition or building
permit."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Referral Agency Comments
Exhibit C -- Development Application
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RESOLUTION NO. .a8
(SERIES OF 2002)
A RESOLUTION OF THE CITY OF ASPEN/PITKIN COUNTY GROWTH
MANAGEMENT COMMISSION APPROVING A GROWTIIMANAGEMENT QUOTA
SYSTEM EXEMPTION FOR A 150 SQUARE FOOT ADDITIoN OF NEt LEASABLE
SQUARE FEET TO 307 SOUTH MILL STREET, LOTS H AND I, BLOCK 82, CITY .AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
ParcelIDNo.2737-182-17-004
WHEREAS, the Community Development Department received an application from Sue
Parry, represented by Alan Richman, requesting approval for a Growth Management Quota
System (GMQS) exemption for an 150 square foot expansion of a commercial restaurant use at
307 S. Mill Street, Lots H and I, Block 82, City and Townsite of Aspen; and,
WHEREAS, the subject property is located in the Commercial Core Zone District and
Historic District, and the lot size is approximately 6,000 square feet; and,
WHEREAS, pursuant to Section 26.470 of the Land Use Code, the Growth Management
Commission may approve a GMQS exemption for an expansion of a commercial use during a
duly noticed public hearing after considering comments from the general public, a
recommendation from the Community Development Director, and recommendations from
relevant referral agencies; and,
WHEREAS, the Aspen/Pitkin County Housing Authority and the Community
Development Department reviewed the proposed expansion and recommended approval of the
proposed exemption provided that the applicant provide employee housing mitigation for .65 full
time employees; and,
WHEREAS, during a duly noticed public hearing on April 2nd, 2002, the Growth
Management Commission approved with conditions, by a _ to _ L-~ vote, the proposed
GMQS exemption for an expansion of the commercial use at 307 S. Mill Street; and,
WHEREAS, the Growth Management Commission has reviewed and considered the
development proposal under the applicable provisions of the Municipal Code as identified herein,
has reviewed and considered the recommendation of the Community Development Director, the
applicable referral agencies, and has taken and considered public comment at a public hearing; and,
WHEREAS, the Growth Management Commission finds that the development proposal
meets or exceeds all applicable development standards and that the approval of the development
proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the Growth Management Commission finds that this Resolution furthers and
is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN/PITKIN
COUNTY GROWTH MANAGEMENT COMMISSION as follows:
I
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Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, an
exemption from the Growth Management Quota System for a 150 square foot expansion of the
commercial restaurant use at 307 S. Mill Street is hereby approved with the following conditions:
1. The Applicant shall provide employee housing mitigation for .65 full time
employees in a method that is acceptable to the Aspen/Pitkin County Housing
Authority.
2. The Applicant shall complete (prior to any of the remodel work, including
removal of drywall, carpet, tile, etc.,) the Building Department's asbestos
checklist, and if necessary, a person licensed by the state to do asbestos
inspections must conduct an inspection. The Building Department cannot
sign any building permits until they get this report. If there is no asbestos, the
demolition can proceed. If asbestos is present, a licensed asbestos removal
contractor must remove it.
3. The Applicant shall provide a completed fugitive dust control plan to the
Environmental Health Department prior to issuance of a demolition or
building permit.
Section 2:
This Resolution shall not effect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
APPROVED by the Growth Management Commission at its regular meeting on April 2, 2002
APPROVED AS TO FORM:
GROWTH MANAGEMENT COMMISSION:
City Attorney
Jasmine Tygre, Chair
Aspen Planning and Zoning Commission
2
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ATTEST:
Jackie Lothian, Deputy City Clerk
3
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EXHIBIT A
307 S. MILL STREET GMQS EXEMPTION
REVIEW CRITERIA & STAFF FINDINGS
Section 26.470.070(E), EXPANSION OF COMMERCIAL OR OFFICE USES
A determination of minimal impact shall require a demonstration that the following are met:
A. A minimal number of additional employees will be generated by the expansion
and that employee housing will be providedfor the additional employees generated.
Staff Finding
Staff feels that there will be a minimal number of employees generated by the nominal expansion
of 150 net leasable square feet. However, Staff believes that the applicant should be required to
mitigate for .65 employees. Using the land use code's employee generation guidelines, the
applicant is required to mitigate for between .5 and .78 full time employees. Staff feels that the
mitigation required should be towards the middle of the range because the proposed restaurant
use is labor intensive. Staff finds this criterion to be met provided that the Applicant satisfies the
required employee generation mitigation as is required by condition of approval No.1.
B. A minimal amount of additional parking spaces will be demanded by the
expansion and that parking will be provided.
Staff Finding
The Applicant has applied simultaneously for a special review to establish the off-street parking
requirements. The Planning and Zoning Commission shall review and establish the appropriate
amount of parking for the proposed expansion. Staff finds this criterion to be met.
C. There will be a minimal visual impact on the neighborhoodfrom the expansion.
Staff Finding
Staff does not expect the proposed expansion to have a significant visual impact on the
surrounding neighborhood. The Historic Preservation Commission is required to review the
proposed expansion because the property is within the Historic District. Staff believes that the
design aspects and visual impact of the proposed addition fit best under the HPC's review
purview. Staff finds this criterion to be met.
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D. Minimal demand will be placed on the City's public facilities from the
expansion.
StaffPinding
There will be an increased demand on the water and sewer line that serves the building by
virtue of the space converting from a retail space to a restaurant. However, Staff does not feel
that the 150 square foot expansion will have a significant impact on the City's public facilities.
Staff finds this criterion to be met.
5
MAR. 18.2002 2:47PM ASPEN HOUSING ore
NO.012 P.1
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MEMORANDUM
TO:
lames Lindt
FROM:
DATE;
Cindy Christensen
March 18, 2002
307 So MOl &Iwt GMQ.S' &emptio"
RE:
l6lIl6.: The applicant is nlqUllIl!lnf a srowth mllt'AiI""'.ent exemption for a small addition to an
exilting building located at 307 S. Mill StJ:eet. Two prior small additiOl1l were approved on this
property In the 1980's, there1bre, this addition must be reviewed by the Growth MlI1lllpID.ont
Commission.
BACKGROUND: The applicant i. proposing an adclitional150 .quare teet. 'The rellta\lrant is to
contain a bar, a tearoom and outdoor seating. 'The previOll8 use was a retail spage. Semon
26.470.070 .tatea that a "detemllnation of 11'Iltll11'llll impact shall requlre that a mlnima1 number of
additional employees will be aenerated by the expansion and that employee housing wiU be
provided for the additional employees senerated." The applicant states that there wl11l1.ot be my
additional employees generated by the proposed additiOll, therefore, no employee housing is being
provided.
According to Section 26.470.10oc, the fullowing .tandllTli shal1 be 1l3ed in ~ the ll.umber
of full-time equivalent employees pnerated by the proposed development In the Commercial Core
(CC) mne district:
3.5 to 5.25 employeolll,OOO square feet (net alble), buecl on review of'the City
Council's designee.
The addition would require mitiption between:
ISO IIdditional sq. ft. + 1,000 sq. ft. '" .15 X 3,5" .525 X 60% mitigation rate '" .315 to
150 additional sq. ft. '!' 1,000 sq. ft. ".15 X 5.25 .. X 60% mitigation rate .. .4725
The minimmn mitigation payment-In~lieu requirement would be between:
$188,664 + $178,013 + 2" $183,338.50 X .315 = $57,751.63 AND
$188,664 + $178,013 '!' 2 = 5183,338.50 X .4725 '" _,627.44
flBCQ/IJIRND,ATION: It is Staftls opinion that the Il'PliC8l1t wiU be ctelll:iIli additional
;mployeca, therefOre, should provide hoUling bctwcon .315 and .4725 employees or pays the
lIppIopIiate payment-In-lieu tee. .An averap between the two, which would be acceptable, would
require a mitiaation amount ofS72,189.53.
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MEMORANDUM
To:
James Lindt. Community Development Department
From:
Jannette Whitcomb. City Environmental Health Department
Date:
March 20. 2002
Re:
307 S. Mill St GMQS Exemption forAddition of Commercial Space
ParcellD #2737-182-17
-----------------------------------------------
-----------------------------------------------
The City of Aspen Environmental Health Department has reviewed the 307 S. Mill St GMQS
Exemption land use submittal under authority of the Municipal Code of the" Citv of Aspen. and has
the following comments.
AIR QUALITY: Sections 11-2.1 'It is the purpose of [the air quality section of the Municipal Code] to achieve
the maximum practical degree of air purity possible by requiring the use of all available practical methbds and
techniques to control. prevent and reduce air pollution throughout the city..." The Land Use Regulations seek to
'lessen congestion' and 'avoid transportation demands that cannot be met' as well as to 'provide clean air by
protecting the natural air sheds and reducing pollutants'.
The addition of 150 sqft to this space will not generate a significant increase in trips per day. Air
mitigation measures are not required.
TRASH STORAGE AREA: The applicant should make sure that the trash and grease storage area has
adequate wildlife protection.
FlREPLACE/WOODSTOVE PERMITS Initial plans did not indicate a fireplace or wood burning
stove in the proposed facility.' .
FUGITIVE DUST Prior to any outside demolition. a fugitive dust control plan is required which
includes. but is not limited to fencing. watering of haul roads and disturbed areas. daily cleaning of
adjacent paved roads to remove mud that has been carried out. speed limits. or other measures
necessary to prevent windblown dust from crossing the property line or causing a nuisance.
A condition of approval should be that the applicant provides a completed fugitive dust control
plan to the Environmental Health Department prior to the issuance of a demolition or building
permit.
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ASBESTOS Commercial - Prior to remodel, expansion or demolition of any public or commercial
building, including removal of drywall, caroet, tile. etc., the state must be notified and a person
licensed by the state to do asbestos inspections must do an inspection. The Building Department
cannot sign any building permits until they get this report. If there is no asbestos, the demolition
can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it.
ECOLOGICAL BILL OF RIGHTS The applicant failed to submit information addressing compliance
with the Ecological Bill of Rights, such as listing energy conservation measures.
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS:
NOISE ABATEMENT: Section 16-1 ''The city council finds and declares that noise is a significant source of
environmental pollution that represents a present and increasing threat to the public peace and to the health. safety
and welfare of the residents of the City of Aspen and it its visitors. Accordingly. it is the policy of council to provide
standards for permissible noise levels in various areas and manners and at various times and to prohibit noise in excess
of those levels."
During construction, noise cannot exceed maximum permissible sound level standards, and
construction cannot be done except between the hours of 7 a.m. and 10 p.m.
It is very likely that noise generated during the construction phase of this project will have some
negative impact on the neighborhood. The applicant should be aware of this and take measures to
minimize the predicted high noise levels.
FOOD SERVICE FACILITIES
Section 10-401 of the Rules and Regulations Governing the Sanitation of Food Service
Establishments in the State of Colorado requires a review of plans and specifications by this
Department. The Department shall be consulted before preparation of plans and specifications. The
Aspen Consolidated Sanitation District must be contacted for their recommendation on the proper
size of the grease trap. Restaurant grills are regulated by the City of Aspen and the applicant should
contact this Department to be sure that if a grill is planned, that it is in compliance with City code.
Due to the number of seats in the proposed facility, it is required that two restrooms are provided
for patrons and employees.
A condition should be approval of both plans and specifications before the building permit is
approved. A minimum of two weeks shall be necessary for the Department to review and
approve plans. Also, final approval from this Department is necessary before opening for business
and prior to issuance of a Colorado Food Establishment License.
,....,.. '
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Aspen Cons~lidated Sanitation' District
Sy Kelly * Chairman
Paul Smith * Treas
Michael Kelly * Secy
March 18, 2002
John Keleher
Frank Loushin
. B11.lce Matherly, Mgt
James Lindt
Community Development
130 S. Galena
Aspen, CO 81611
Re: 307 S. Mill GMQS
Dear James:
"'".<. -.' : ,
The Aspe~ Consolidated Sanitation District currentlyha.s sllff'ideiiHreatmeIJt systemtapacity to
. serve this project. Any downstream collection system capacity problems Will be eliminated
through a system of additional proportionate impact fees. Service is, comingent upon compliance
with the District's rules, regulations, and specifications which are on file .at the District office.
. .
i...,,-"":',,"', \
The project willrequire the installation ofa new sewer in the mall.area n~w service will be
required for the project since the Pacifica restaurant is currently having service related problems
The new lines required may be postponed with written a~sur~nc,es that the improvements will be
made as soon as possible. Tom Brace'Yell,line supenntendent: sh()Uldb~fpnt<lstedby the
applicant for more information.' ,'. ..' '.. .'.
. A district approved oil and grease interceptor will he required before service is provided Roof
drains for the buiI4ing will need to be checked for connection to the District's system Roof drains
are illegal and must be directed to dry wells.
The total connection fees can be estimated Olice detailed plans are available and a tap permit is
completed at our office. Allfees must be paid prior to ,the issuance of building permit.
. . .. . . . .. .
- " ."
Please call if you have any questions. .
Sincerely,
.'&.-~~~--o
Bruce Matherly
District Manager
cc: John Niewoehue
565 N. Mill St.,Aspen~ CO 81611 / (970)925.3601 / FAX (970) 925.2537
I";,
MEMORANDUM
~
To: Development Review Committee
From: John Niewoehner, Community Development Engineer
Reference DRC Case load Coordinator
Date: March 22, 2002
Re: 307 S. Mill Street. GMQS Exemption for Additional Commercial Space, Special Review
for Outdoor Seating, Wheeler Opera House View Review
Attendees:
John Niewoehner, Community Development Engineer
James Lindt, Community Development Planner
Jerry Nye, Street Department
Phil Overeynder, Water Department
Richard Goulding, Engineering
Janette Whitcomb, Environmental Health
Tom Bracewell, Sanitation District
Jerry Nye, Street Department
Alan Richman, Planner representing S. Mill St.
The Development Review Committee reviewed the 307 S. Mill Street proposal at their March 13,
2002 meeting, and has compiled the following comments:
General
1. Sufficiency of Submittal: DRC comments are based on the fact that we assume the
submitted site plan is accurate, that it shows all site features, and that proposed
development is feasible. The wording must be carried forward exactly as written unless
prior consent is received from the Engineering Department. This is .to alleviate problems
and delays related to approvals tied to "issuance of building permit."
2. R.O.W. Impacts: If there are any encroachments into the public rights-of-way,
the encroachment must either be removed or be. subject to current encroachment license
requirements.
Site Review
1. En!lineerinq Department:
No material storage or dumpsters in ROW unless a encroachment permit is obtained.
The existing on-site space should be sufficient for storage and dumpster.
2. Community Development En!lineer:
No comments at this time.
3. Zoninq:
No comments from Zoning Officer at this time.
4. Housinq Department:
No comments at this time.
5. Fire Protection District:
No comments at this time.
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Page 2 of 4
March 13 2002
307 S. Mills Street
6. Parks Department:
No comments at this time. Note: "water and sewer work occurs in Mall ROW, the Parks
Department will need to be involved.
7. Buildinq Department:
a. Energy analysis needed to demonstrate compliance with Aspen/Pitkin County Energy
Code.
b. Two bathrooms may be needed.
c. The bar is to be fully accessibie
d. Mechanical and HPC reviews will be needed.
e. A hood over dishwasher will be required in addition to hood over ranger and fryer.
8. Citv Water Department
a. Oid existing 3/4" g.i. service connection. Existing tap is under fountain. It is
recommended that the project investigate the abandonment of the existing tap and
connect into Hyman Street. The size of the new tap is dependent on quantity and
pressure requirements fOr sprinklers and restaurant codes.
b. All uses and construction will comply with the City of Aspen Water System standards
and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code.
9. Aspen Consolidated Sanitation District
The Aspen Consolidated Sanitation District currently has sufficient treatment system
capacity to serve this project. Any downstream collection system capacity problems will
be eliminated through a system of additional proportionate impact fees. Service is
contingent upon compliance with the District's rules, regulations, and specifications that
are on file at the District office.
The project will require the installation of a new sewer in the mall area. A new service will
be required for the project since the Pacifica restaurant is currentiy having service related
problems. The new lines that are required may be postponed with written assurances that
the improvements will be made as soon as possible. Tom Bracewell, line superintendent,
should be contacted by the applicant for more information.
A district approved oil and grease interceptor will be required before service is provided.
Roof drains for the building will need to be checked for connection to the District's
system. Roof drains are illegal and must be directed to dry wells.
The total connection fees can be estimated once detailed plans are available and a tap
permit is completed at our office. All fees must be paid prior to the issuance of a building
permit.
10. Environmental Health
AIR QUALITY: Sections 11-2.1 "It is the purpose of [the air quality section of the Municipal
Code] to achieve the maximum practical degree of air purity possible by requiring the use
of all available practical methods and techniques to control, prevent and reduce air
pollution throughout the city..." The Land Use Regulations seek to "lessen congestion" and
"avoid transportation demands that cannot be met" as well as to "provide clean air by
protecting the natural air sheds and reducing pollutants".
The addition of 150 sq It to this space will not generate a significant increase in trips per
day. Air mitigation measures are not required.
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Page 3 of4
March 13 2002
307 S. Mills Street
TRASH STORAGE AREA: The applicant should make sure that the trash and grease
storage area has adequate wildlife protection.
FIREPLACEtWOODSTOVE PERMITS Initial plans did not Indicate a fireplace or wood
burning stove in the proposed facility.
FUGITIVE DUST Prior to any outside demolition, a fugitive dust control plan is required
which includes, but is not limited to fencing, watering of haul roads and disturbed areas, daily
cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or
other measures necessary to prevent windblown dust from crossing the property line or
causing a nuisance.
A condition of approvai should be that the applicant provides a completed fugitive dust
control plan to the Environmental Health Department prior to the issuance of a demolition or
building permit.
ASBESTOS Commercial - Prior to remodel, expansion or demolition of any public or
commercial building, includinq removal of drywall. carpet. tile. etc., the state must be
notified and a person licensed by the state to do asbestos inspections must do an
inspection. The Building Department cannot sign any building permits until they get this
report. If there is no asbestos, the demolition can proceed. If asbestos is present, a
licensed asbestos removal contractor must remove it.
ECOLOGICAL BILL OF RIGHTS The applicant failed to submit information addressing
compliance with the Ecological Bill of Rights, such as listing energy conservation
measures.
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS:
NOISE ABATEMENT: Section 16 -1 "The city council finds and declares that noise is a
significant source of environmental pollution that represents a present and increasing
threat to the public peace and to the health, safety and welfare of the residents of the City
of Aspen and it its visitors. Accordingly, it is the poli cy of council to provide standards for
permissible noise levels in various areas and manners and at various times and to prohibit
noise in excess of those levels."
During construction, noise cannot exceed maximum permissible sound level standards, and
construction cannot be done except between the hours of 7 a.m. and 10 p.m.
It is very likely that noise generated during the construction phase of this project will have
some negative impact on the neighborhood. The applicant should be aware of this and take
measures to minimize the predicted high noise levels.
FOOD SERVICE FACILITIES
Section 10-401 of the Rules and Regulations Governing the Sanitation of Food Service
Establishments in the State of Coiorado requires a review of plans and specifications by this
Department. The Department shall be consulted before preparation of plans and
specifications. The Aspen Consolidated Sanitation District must be contacted for their
recommendation on the proper size of the grease trap. Restaurant grills are regulated by the
City of Aspen and the applicant should contact this Department t6 be sure that if a grill is
planned, that it is in compliance with City code.
Due to the number of seats in the proposed facility, it is required that two restrooms are
provided for patrons and employees.
A condition should be approval of both plans and specifications before the building permit is
approved. A minimum of two weeks shall be necessary for the Department to review and
approve plans. Also, final approval from this Department is necessary before opening for
business and prior to issuance of a Colorado Food Establishment License.
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Page 4 of 4
March 13 2002
307 S. Mills Street
11. City Community Development - Planning
a. Trash storage must be bear proof.
b. Need to show seating layout.
a. Employee housing mitigation needs to be addressed.
b. GMQS Exemption required. This will be discussed in a different forum.
12. Electric Department
No comments at this time
13. Holy Cross Electric
No comments at this time
14. City Attorney
No comments at this time
15. Streets Department
No comments at this time
16. Historic Preservation Officer
No comments at this time
17. Pitkin County Plannin~
No comments at this time
16. County and City Disaster Coordinator
No comments at this time
Approvals
1. Engineering:
The applicant receives approval from the City Engineering Department
(920-5080) for design of improvements, inciuding grading, drainage,
transportation/streets, landscaping, and encroachments within public
right of way.
2. Parks:
The applicant receives approval from the Parks Department (920-5120)
for vegetation species and for public trail disturbance.
3. Streets:
The applicant receives approval from the Streets department (920-5130)
for mailboxes, finished pavement, surface materials on streets, and
alleyways.
4. Permits:
Obtain R.O.w. permits for any work or development, involving street cuts
and landscaping from the Engineering Department
D:\DRC\307 Mills.doc
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fl'~7<u (970) 920-1125
March 6, 2002
Mr. James Lindt, Planner
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: APPLICATION FOR SMALL ADDmON TO 307 SOUTH MILL STREET
Dear James,
This is an application to make a small addition to the existing building located at 307 South
Mill Street, (Units A, B, and C, Aspen Commercial Condominium, located on Lot Hand
I, Block 82, City and Townsite of Aspen). The subject property is 6,000 sq. ft. in size. It is
located within the Commercial Core Historic Overlay District, and is zoned Commercial
Core (CC). The location of the site in relation to neighboring properties is shown on the
vicinity map. A site plan, depicting existing and proposed conditions on the property, has
also been provided.
This property is improved with a building that has one existing tenant (Pacifica) and one
empty space (which was previously occupied by Waterfall Hope). The property also
contains the Popcorn Wagon, which has been a popular outdoor eatery in Aspen for many
years. The purpose of this application is to allow the empty space to be occupied by a new
tenant, The Colony Restaurant and Piano Bar.
This application is being submitted by Ms. Sue Parry (hereinafter, "the applicant"), who is
the owner and operator of the Popcorn Wagon. Ms. Parry recently entered into a long term
lease to operate a restaurant in the building. The property is owned by the Barnard Trust.
Proof of the ownership of the property is provided by Exhibit #1, the Deed to the property.
Authorization. for Ms. Parry to submit this application is provided by a letter from the
Trustee, attached as Exhibit #2.. Authorization for Alan Richman Planning Services to .
represent the applicant is provided by Exhibit #3.
I held a pre-application conference with you on February 19, 2002 to discuss this project (see
Exhibit #4, Pre-Application Conference Summary). During this meeting, you confIrmed that
the following land development approvals are required by the Aspen Land Use Regulations
to accomplish this project:
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Mr. James Lindt
March 6, 2002
Page Two
GMQS Exemption by the Growth Management Commission for a small expansion of the
net leasable area of a commercial building;
Special Review by the Planning and Zoning Commission to determine how the off-street
parking requirement for the project will be met and to also determine whether some of the
open space on the property may be used for outdoor dining;
Wheeler Opera House View Plane Review by the Planning and Zoning Commission; and
Vested Rights for the project.
The following sections of this application identify the applicable standards of the Aspen
Land Use Regulations for each of these review procedures and provide a response to each
standard.
It should also be pointed out that the Historic Preservation Commission will be conducting
its own review of the proposed modifications to the property, on a parallel track with this
land use application.
Summary of Proposed Development
The subject property is a 6,000 sq. ft. lot in the core of Aspen that is developed substantially
below its allowable buildout. It has been improved with the existing commercial building for
many years. As Table 1 (found on the following page) illustrates, the existing floor area of
the property is approximately 1/3 that allowed in the Commercial Core zone district. The
height of the portion of the building where the addition is planned is less than 10', in a zone
district that allows a maximum height of 40'. Table 1 summarizes all of the other standards
of the Commercial Core zone district, and evaluates the compliance of the existing
conditions and proposed conditions with these standards.
The Popcorn Wagon was moved to this property in 1986. At that time, the Planning and
Zoning Commission granted approval for there to be dining in this corner of the property,
which represents some (but not all) of the required open space on the property.
Additionally, the Planning and Zoning Commission granted special review approval for the
dimensions of the utility and trash area for the property, which is smaller than the Code
would typically require, but which serves the necessary functions for this property.
The applicant has owned and operated the Popcorn Wagon for approximately 3 years.
During this time, the applicant has upgraded the condition of the Wagon, and has made
numerous improvements to the prep-kitchen and storage area that support the Popcorn
Wagon. Despite all of these improvements, this kitchen area remains under-sized for the
current operation, and is not well designed for its function.
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Mr. James Lindt
March 6, 2002
Page Three
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TABLE 1
SUMMARY OF SUBJECT PROPERlY'S COMPLIANCE WITH
COMMERCIAL CORE ZONE DISTRICT DIMENSIONAL. REQUIREMENTS
6,000 sJ. 6,000 s.f.
No requirement Not applicable Not applicable
for commercial
building
No requirement Not applicable Not applicable
Not applicable Not applicable
Not applicable Not applicable
Not applicable Not applicable
8' 3" 9' 9"
10 feet Not applicable Not applicable
25% (1,500 sq.
ft.)
1.5:1 (9,000 sq.
ft.)
2 spaces per
1,000 sq. ft. of
net leasable
space
31% (1,862 sq.
ft.)
0.53:1 (3,199 sq.
ft.)
27% (+/-1,612
sq. ft.)
0.58:1 (3,459 sq.
ft.)
2 spaces
2 spaces
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Mr. James Lindt
March 6, 2002
Page Four
The applicant has entered into a long term lease for the vacant space in the building that
is adjacent to the Popcorn Wagon, and proposes to open a restaurant in this space. The
building has previously housed a restaurant (R-Peas) and, more recently, a retail store. In
order to make the space function properly for the restaurant, the applicant proposes to add
approximately 150 sq. ft. of new net leasable space, which will create a wider area in which
circulation can occur.
The applicant also intends to make an addition of approximately 110 sq. ft. to the building
that supports the Popcorn Wagon (see double-hatched area on proposed site plan). This
area will be used for storage of food and other supplies for the restaurant. By making this
addition, the existing kitchen/storage area can be improved into a more functional kitchen,
that will continue to be the prep-kitchen for the Popcorn Wagon, and will also be the
kitchen for the new Colony Restaurant in the adjacent building.
The areas where the building additions are proposed to occur are depicted on the site plan.
GMQS Exemption for Expansion of Commercial Building
Section 26.470.070 of the Aspen Land Use Regulations provides an exemption from the
Growth Management Quota System (GMQS) for a small addition of net leasable space to
an existing commercial or office use, provided it is demonstrated that the expansion will have
minimal impact upon the City.
The applicant proposes to make several small additions to the building, as shown on the
proposed site plan. These expansions, which have been designed to extend the width of the
building to the dimensions of the existing roof overhangs, will add approximately 150 square
feet of net leasable space to the building. These expansions are subject to review by the
Growth Management Commission, not the Community Development Director, due to two
prior small additions approved for this property in the 1980's. These expansions were a 96
square foot addition to the building that serves the Popcorn Wagon (accomplished in 1987)
and a 145 square foot addition (accomplished in 1985) to the Grill on the Park (now
Pacifica).
The proposed 110 square foot addition to the storage area for the Popcorn Wagon is not
included in this portion of the application, since this area does not count as net leasable
commercial space under the City's definition of that term.
Section 26.470.070 states that a determination of minimal impact shall require the following
to be demonstrated:
That a minimal number of additional employees will be generated by the expansion and that
employee housing will be provided for the additional employees generated;
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Mr. James Lindt
March 6, 2002
Page Five
Response: There will not be any additional employees generated by the proposed addition.
The purpose of this small addition is to slightly widen the circulation area within the
restaurant, so that patrons and employees can more comfortably use the space. However,
regardless of whether this addition is made, the same number of tables will be placed within
the restaurant, and the same number of employees will work in the restaurant.
That a minimal amount of additional parking spaces will be demanded by the expansion and
that parking will be provided;
Response: Since this addition will not increase the seating capacity of the restaurant, and
will not increase the number of employees who work at the restaurant, it is not expected to
create any additional parking demand. The compliance of the proposal with the parking
standards of the CC zone district is addressed in a subsequent section of this application.
That there will be minimal visual impact on the neighborhood from the expansion; and
Response: The proposed additions will have minimal visual impact. As the elevations
included with this application show, the existing buildings are quite low profile, and will
remain so after the addition, with a height that is less than 113 of the maximum allowed in
this zone district. The negligible impact of the proposed height increase on the Wheeler
Viewplane is addressed in a later section of this application.
The areas in the restaurant that will be expanded will only extend the width of the building
by 2' to the north and 2.5' to the south. These extensions are intended to match the
dimensions of the existing roof overhangs, so they will not significantly change the visual
appearance of the building. The elevations also illustrate that the facade of the building will
receive somewhat of a face lift, including the introduction of new sliding glass doors that will
present a more inviting image to pedestrians passing by.
The area where the new storage space is proposed will clean up the appearance of the
courtyard surrounding the Popcorn Wagon, allowing material storage to occur within a
building, rather than outside as has been the case, and will be a visual improvement to this
area.
That minimal demand will be placed on the City's public facilities from the expansion.
Response: This property is located in the heart of the commercial core, and is already
served by the full compliment of public facilities. The applicant anticipates that this small
addition will not create the demand for any new facilities, including water supply, sewage
disposal and similar public facilities. As noted above and as shown on the site plan" there
is an existing trash and utility service area serving the property that received Planning and
Zoning Commission special review approval in 1986; no changes to this service area are planned.
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Mr. James Lindt
March 6, 2002
Page Six
Commercial Restaurant in Open Space
There is a minimum 25% open space requirement in the CC zone district. The subject
property provides approximately 1,862 sq. ft., or 31 % of the site, as open space. After the
building additions proposed in this application are constructed, approximately 1,612 sq. ft.,
or 27% of the site, will qualify as open space.
Section 26.575.030 of the Code establishes the standards for required open space.
Subsection A.9 states that no required open space may be used for any commercial activity;
however, subsection A.1O authorizes the Planning and Zoning Commission to permit a
commercial restaurant use in required open space. It states that:
"Required open space may be used for commercial restaurant use if the Planning and Zoning
Commission shall determine that such use is compatible with or enhances the purposes of these
open space requirements and that adequate pedestrian and vehicle access will be maintained".
The applicant proposes to use the courtyard located along Mill Street for outdoor dining on
a seasonal basis. This activity will enhance the open space, by allowing patrons to enjoy this
outdoor space along the Mall, in close proximity to such community attractions as Wagner
Park and the Wheeler Opera House. Outdoor dining has proven to be an activity that adds
to the vitality of the commercial core, generating lively enjoyment of private spaces, as well
as public spaces where the City has permitted restaurants to encroach into the Mall area.
In fact, the adjacent restaurant, Pacifica, has outdoor dining, as does the Popcorn Wagon.
Since this property is located at one of the most prominent corners in the City, this type of
activity would seem to be a most appropriate way to use this private open space.
Use of this space for dining will not impact pedestrian access into the building. The site
plan illustrates how pedestrians will access the restaurant. Vehicle access will not be
affected, since this space is located on the pedestrian mall, which is closed to vehicles.
Special Review for Parking
The parking standard in the CC zone district is 2 spaces per 1,000 sq. ft. of net leasable
space. Based on this standard, the applicant would be required to provide 0.3 spaces for the
addition of 150 sq. ft. of net leasable space. Section 26.515.010 E. of the Code states that:
"When any calculation of off-street parking results in a required fractional space, said fractional
space may be paid via cash-in-lieu or an entire space may be provided on the site".
A review of the site plan for this property makes it abundantly clear that it is not physically
possible to place any additional parking on this site. Therefore, according to Section
26.515.040 c., the applicant hereby requests that the Commission approve an in-lieu
payment for this fractional space requirement. The amount of the payment due is as follows:
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Mr. James Lindt
March 6, 2002
Page Seven
$15,000 per space x 0.3 spaces required = $4,500 payment due.
The applicant would request, however, that the Commission grant a waiver of this payment
entirely, by making the special review determination that no additional parking is required
for this expansion. As has been demonstrated in the prior section of this application, the
purpose of the addition is better circulation within the building. The expansion will not
accommodate any additional tables, nor will it add any additional employees. Therefore, the
applicant believes it would be appropriate for the Commission to waive the required parking
payment.
If the Commission decides to instead require the payment to be made, then the applicant
will make this payment at the time a building permit is issued for the expansion, as provided
in Section 26.515.040 C.2 of the Code.
Wheeler Opera House View Plane Review
The staff has informed the applicant that this property is located in the designated Wheeler
Opera House View Plane. According to Section 26.435.050 C. of the Code, no development
may infringe upon a designated mountain view plane.
The applicant has taken a photograph of this property, as seen from the ground floor of the
Wheeler Opera House. The applicant has enhanced this photograph with a digital image
of how the proposed additions to the property would appear. This photograph, along with
the proposed elevations that have been submitted, demonstrate that the additions would not
change the view from the ground floor of the Wheeler Opera House in any appreciable
manner, and is therefore in compliance with the standards for mountain view plane review.
This is the case because the minimal increase in height of the existing storage building and
the restaurant space still leave the structures below the height of the building where Pacifica
is located, which sits behind the additions.
Vested Rights
Pursuant to Section 26.308 of the Aspen Municipal Code, the applicant hereby requests that
this development be granted vested rights status.
Conclusion
The applicant has responded to the applicable standards of the Aspen Land Use Code
applicable to the project, pursuant to direction given by the Community Development
Department during pre-application meetings. Sufficient evidence has been provided of the
project's compliance with said standards and the applicant has made commitments in order
to ensure that the proposed development will mitigate all of its impacts.
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Mr. James Lindt
March 6, 2002
Page Eight
If you require any additional information, or clarification of the statements made herein,
please feel free to ask and we will respond in a timely manner.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
A-t~~
Alan Richman, AlCP
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EXHIBITS
From
ROBERT A FRFN:tS
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PHONE No.
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Mar. 05 2002 6: 59PM P02
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EXHIBIT "A"
Unit.. A, B & C Aspen Conunercia1 Condominium according to the
Condominium Map \:hcrcof filed for record November G, 1974 ill
Pl"t Book 4 at PS'Jc 499, as defined and described in lhe
Condominium Oe~laration for Aspen Commercial Condominium
recorded NOVember 6, 1974 in Book 293 at Pa'Je 61.
Mar 05 02 11:47a
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EXHIBIT #2
Mr. James Lindt, Planner
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
RE: DEVELOPMENT APPUCATION FOR 307 SOUTH MILL STREET
Dear Mr. Lindt,
I am the trustee of the Barnard Trust, which is the OWner of Lot H and I, Block 82, City and
Townsite of Aspen. The Barnard Trust has entered into a long term lease with Ms. Sue
Parry, allowing her to occupy the currently vacant space located at 307 South Mill Street.
As the trustee for the owner of the property, I hereby authorize Ms. Pany to submit a land
use application for the property, so that this space may be used as a restaurant, including
the necessary modifications to the building that she proposes.
Should you have any need to contact me during the course of your review of this application,
please do so at the address and telephone number below.
~t
The Barnard Trust
Dr. William Comcowitch, Trustee
420 West Main Street
Aspen, Colorado 81611
925-7730
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EXHIBIT #3
Mr. James Lindt, Planner
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
RE: DEVELOPMENT APPliCATION FOR 307 SOUTH MILL STREET
Dear Mr. Lindt,
I have entered into a long term lease with the Barnard Trust for the commercial space
located at 307 South Mill Street. I hereby authorize Alan Richman Planning Services to act
as my designated representative with respect to the land use application being submitted to
your office for the restaurant I plan to operate at this location. Mr. Richman is authorized
to submit an application for a small addition to the existing building in which the restaurant
will be located. He is also authorized to represent me in meetings with City of Aspen staff
and the Aspen Planning and Zoning Commission.
Should you have any need to contact me during the course of your review of this application,
please do so through Alan Richman Planning Services, whose address and telephone number
are included in the application. .
Sincerely,
- ~--_._-,
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Sue Parry
977 Queen Street
Aspen, Colorado 81611
544-0008
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EXHIBIT #4
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CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER:
PROJECT:
REPRESENTATIVE:
OWNER:
TYPE OF APPLICATION:
DESCRIPTION:
James Lindt 920-5095
Former Waterfall Hope Space
Alan Richman
DATE: 2119/02
One Step
Special Review for Parking, Open Space for Commercial Restaurant Use, GMQS
Exemption for expansion between 251 and 500 net leasable square feet. Wheeler Opera
House View Plane.
land Use Code Section(s)
26.470.070(E)(2). Growth Management; 26.430 Special Review; 26.435.030(A)(5) Mountain View Plane
Review
Review by:
Public Hearing:
Referral Agencies:
Planning Fees:
P&Z/Growth Management Commission
Yes
Environmental Health
Deposit ($1205 for 6 hrs of staff time. Any Planner time spent over the 6 hours will be billed at
$205.00 per hour.)
$180 (Environmental Health)
$1385.00
Referral Agency Fees:
Total Deposit:
To apply, submit the following information:
I. Proof of ownership
2. Signed fee agreement
3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
4. Street address and legal description of the parcel on which development is proposed to occur, consisting ofa
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing
the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements
affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
5. Total deposit for review of the application
6. ~ Copies of the complete application packet and maps.
HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = I/ea.; Planning Staff= I
7. An 8 112" by II" vicinity map locating the parcel within the City of Aspen.
8. Site map showing placement of improvement
9. Additional materials as required by the specific review. Please refer to the application packet for specific
submittal requirements or to the code sections noted above.
I O. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include existing
conditions as well as proposed.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is
subject to change in the future, and upon factual representations that mayor may not be accurate. The summary does not create a
legal or vested right.
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FROM: James Lindt, Planner 01-- &:'e>t'1P(O\AC~:P
RE: Special Review for Commercial Restaurant Use of Open Space, and I[ 4!-1;lA. \ VI
to vary the Off-street Parking Requirements, Wheeler Opera House
View Plane Review- Public Hearing
MEMORANDUM
THRU:
Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director
Aspen Planning and Zoning Commission
DATE: April 2, 2002
LOCATION:
307 S. Mill St.,
ParcellD: 2737-182-17-004
Existing Storage Structure to be
increased to 9'9" in Height.
ApPLICANT:
Sue Parry
REPRESENTATIVE:
Alan Richman,
Richman Planning Services
ZONING:
Commercial Core (CC) & Historic
District Overlay
Open Space to be used
for Outdoor Seating
CURRENT LAND USE:
Vacant Space (Former Use was Retail)
PROPOSED LAND USE:
Restaurant with outdoor seating.
SUMMARY:
The Applicant is proposing to expand
the vacant commercial space at 307 S.
Mill S1. for the operation of a restaurant
with outdoor seating.
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REVIEW PROCEDURE
Special Review is required to allow for the utilization .of required open space for a
Commercial Restaurant Use. Special Review is also required to allow for a cash-in-lieu
payment to be made in lieu of providing on-site parking spaces required for an addition
of net leasable square footage. The Wheeler Opera House View Plane Review is
required to increase the height of a structure within the designated view plane of the
Wheeler Opera House. Following the receipt of a recommendation from the
Community Development Department, the Planning and Zoning Commission shall by
resolution approve, approve with conditions, or deny a development in the City of
Aspen requesting Special Review and Wheeler Opera House View Plane approval.
STAFF COMMENTS:
Sue Parry, ("Applicant"), is requesting approval for Special Review to allow for the
required open space at 307 S. Mill Street to be used as outdoor seating for a
restaurant pursuant to land use code section 26.575.030(A)(1O). The restaurant for
which the outdoor seating is proposed is to operate in the former "Waterfall Hope"
space that abuts the Popcorn Wagon as can be seen on the site plan attached as
Exhibit "B". The Applicant is proposing to expand the subject space by 150 net
leasable square feet and is required by the land use code to provide off-street parking
for the additional square footage. Therefore, the Applicant is also requesting Special
Review Approval to pay cash-in-lieu of providing the additional required parking
spaces pursuant to Section 26.515.040(C)(1). The Applicant is also requesting
approval of the Wheeler Opera House View Plane Review to slightly increase the
height of an existing storage building within the confines of the designated view
plane.
Special Review for Use of Open Space for Commercial Restaurant:
The Applicant is proposing outdoor seating to be located in the courtyard along Mill
Street for dining on a seasonal basis. Staff feels that outdoor dining is an appropriate
and beneficial use of private open space. The use of required open space for seasonal
dining brings vitality to the Commercial Core and adds to the unique character of the
City of Aspen. Staff believes that the use of this specific open space area as outdoor
dining is compatible with the surrounding uses in that both of the adjacent restaurants
(Pacifica and Popcorn Wagon) utilize required open space for commercial dining.
Staff feels that the proposal enhances the open space and recommends that the
Planning and Zoning Commission approve the proposed Special Review to use
required open space for commercial restaurant use.
Special Review for Parking:
Section 26.515.01O(C) requires that if an eXlstmg development is expanded,
additional off-street parking shall be provided for the increment of the expansion as if
it were a separate development. According to the land use code, .3 parking spaces (2
spaces per 1,000 net leasable square feet) would be required for the 150 square foot
addition. The applicant has requested that the Planning and Zoning Commission
either waive the additional parking required by the addition or allow for a payment-in-
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lieu of providing the additional spaces on-site. The land use code does not provide
the Planning and Zoning Connnission with the authority to waive the additional
required parking spaces regardless of whether or not the additional net leasable space
will be generating employees or customers. Staff agrees with the Applicant's
assessment that there is not an opportunity to provide the additional required parking
spaces on-site. Therefore, Staff reconnnends that the Planning and Zoning
Connnission approve the proposed Special Review Application to allow the Applicant
to provide a payment-in-lieu of $4,500 ($15,000 per required parking space) to the
City of Aspen to mitigate the parking impacts of the proposed expansion.
Wheeler Ouera House View Plane Review:
The Applicant is proposing to slightly increase the height of an existing storage
structure that abuts the courtyard of the Popcorn Wagon. The storage area currently
is 8' 3" tall and the applicant is proposing to increase the height of it to approximately
9' 9" above finished grade. The "Pacifica Restaurant" space that exists to the South
of the proposed storage area is 9' 9' inches. Due to the fact that the storage area is
located in front of an existing building that already infringes upon the designated view
plane, Staff feels that the proposed increase in the height of the storage area will have
a negligible impact on the view of Aspen Mountain from the steps of the Wheeler.
Staff does not anticipate that the "Pacifica Restaurant" space will be re-developed
with a structure in the near future that will infringe less upon the Wheeler Opera
House View Plane and re-open the view plane. Staff feels that the proposal meets the
review standards for approving a Wheeler Opera House View Plane review and
reconnnends that the Planning and Zoning Connnission approve the proposed
application.
Referral Al!encv Comments:
The Aspen Consolidated Sanitation District has expressed concerns about the sewer
line that serves the building. The Sanitation District and the Applicant have come to
an understanding that the existing sewer line needs to be investigated further to
determine if it is suitable for an additional restaurant use. The Sanitation District and
the Applicant have also come to the agreement that the existing sewer line will be
brought up to compliance with the Sanitation District's standards if required. The
Aspen Consolidated Sanitation District also is requiring that the Applicant install an
oil and grease interceptor that meets the Sanitation District's specifications. In
addition, the Aspen Sanitation District is requiring that the roof drains be redirected
to a drywell.
The Water Department has also expressed concerns about the existing service line.
Water Department Director, Phil Overeynder, reconnnends that the Applicant
abandon the current service line and connect into the line under E. Hyman Ave. The
Environmental Health Department is requiring that the Applicant either provide a
second restroom or obtain a variance from the State of Colorado's restaurant
regulations. The previous requirement has been insured by Condition No.3 in the
proposed resolution. The City of Aspen Building Department is requiring that the
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proposed bar area be fully ADA compliant and that a hood be provided over the
dishwasher as well as the range and fryer.
RECOMMENDATION:
Staff recommends that the Planning and Zoning Commission approve with
conditions the proposed Special Review for Parking, and utilization of required
open space for a commercial restaurant use. Staff also recommends that the
Planning and Zoning Commission approve the proposed Wheeler Opera House
View Plane Review to allow the Applicant to increase the height of the existing
storage structure to 9' 9".
RECOMMENDED MOTION:
"I move to approve with conditions the Wheeler Opera House View Plane Review as
proposed, and a Special Review to allow for a payment of cash-in-lieu of providing
parking on-site for the proposed 150 square foot addition and to utilize required open
space as for a connnercial restaurant use at 307 S. Mill Street."
ATTACHMENTS:
Exhibit A -- Special Review for Parking Criteria and Staff Findings
Exhibit B -- Special Review to Utilize Required Open Space for Commercial
Restaurant Criteria and Staff Findings
Exhibit C -- Wheeler Opera House View Plane Criteria and Staff Findings
Exhibit D -- Application (Please See Growth Management Connnission Memo
for Application)
Exhibit E -- Referral Connnents
Exhibit F -- Site Vicinity Map
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RESOLUTION NO. LZ>
(SERIES OF 2002)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING A WHEELER OPERA HOUSE VIEW PLANE
REVIEW, AND A SPECIAL REVIEW FOR PARKING AND COMMERCIAL
RESTAURANT USE OF OPEN SPACE FOR THE COLONY RESTAURANT AND
PIANO BAR LOCATED AT 307 S. MILL STREET, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel ID: 2737-182-17-004
WHEREAS, the Community Development Department received an application
from Sue Parry, applicant, for a Wheeler Opera House View Plane Review to increase the
height of an existing storage structure to 9'9", and a Special Review for Parking to pay
cash-in-lieu of providing additional on-site parking for a proposed 150 square foot
addition, and a Special Review for Commercial Restaurant Use of Open Space to do
outdoor seating; and;
WHEREAS, the Growth Management Commission approved an Exemption from
the Growth Management Quota System to expand the proposed connnercial space by 150
square feet; and,
WHEREAS, the Planning and Zoning Connnission shall by resolution approve,
approve with conditions, or disapprove a development application for Wheeler Opera
House View Plane Review, after considering a reconnnendation by the Community
Development Department pursuant to Land Use Code Section 26.435.070; and,
WHEREAS, the Planning and Zoning Connnission shall by resolution approve,
approve with conditions, or disapprove a development application for Special Review for
Parking and Commercial Restaurant Use of Required Open Space, after considering a
reconnnendation by the Community Development Department, applicable referral agency
comments, and after taking and considering public comments pursuant to Section 26.430;
and,
WHEREAS, the Connnunity Development Department reviewed the Wheeler
Opera House View Plane application and recommended approval; and,
WHEREAS, the Connnunity Development Department reviewed the Special
Review application for Parking and for Connnercial Restaurant Use of Required Open
Space and recommended approval with conditions; and,
WHEREAS, during a duly noticed public hearing on April 2, 2002, the Planning
and Zoning Connnission, by a _ to _ C- -.J vote, approved with conditions the proposed
Wheeler Opera House View Plane Review, and a Special Review application to pay cash-
in-lieu for the additional required parking and for Commercial Restaurant Use of open
space; and,
WHEREAS, the Aspen Planning and Zoning Connnission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
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as identified herein, has reviewed and considered the reconnnendation of the Connnunity
Development Director; and,
WHEREAS, the Aspen Plarming and Zoning Connnission finds that the
development proposal meets or exceeds all applicable development standards and that the
approval of the development proposal, with conditions, is consistent with the goals and
elements of the Aspen Area Connnunity Plan; and,
WHEREAS, the Aspen Planning and Zoning Connnission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Wheeler Opera House View Plane Review application to allow for the existing
storage building to be increased to a height of 9'9" is approved.
Section 2:
That the Special Review application to allow for the Applicant to pay cash-in-lieu for the
additional parking spaces required by the proposed 150 square foot addition is approved
pursuant to Land Use Code Section 26.515.040 with the following condition:
1. The Applicant shall pay a cash-in-lieu fee of $4500 to mitigate for .3 parking
spaces.
Section 3:
That the Special Review application to allow for Commercial Restaurant Use of the
required open space in the courtyard that abuts the Mill Street Mall is approved pursuant
to Land Use Code Section 26.575.030(A)(10) with the following conditions:
1. The Applicant/Building Owner shall bring the existing sewer line serving the
building into compliance with the Aspen Sanitation District's standards
pending further investigation of the existing sewer line. The Applicant shall
provide written assurance to the Aspen Sanitation District prior to opening
that the sewer line will be brought up to the Sanitation District's standards if
required. The City of Aspen Parks Department, City Engineer, and Aspen
Consolidated Sanitation District shall be consulted prior to doing any work on
the sewer line within the public right-of-way.
2. The Applicant shall connect the roof drains to a drywell.
3. The Applicant shall provide two bathrooms on-site or receive a variance from
the State of Colorado Health Department.
4. The Applicant shall provide an oil and grease interceptor that meets the
Environmental Health Department and the Aspen Sanitation District's
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requirements.
5. The Applicant shall provide a bear-prooftrash container on-site.
6. The bar shall be fully handicap accessible.
7. The Applicant shall obtain HPC approval prior to making any exterior
alterations to the structure.
8. The Applicant shall obtain a Colorado Food Establishment License prior to
opening as a Restaurant.
9. The Applicant shall obtain a liquor license prior to serving alcohol.
10. All uses and construction shall comply with the City of Aspen Water System
Standards and with Title 25 and applicable portions of Title 8 (Water
Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as
they pertain to utilities.
Section 4:
All material representations and connnitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Connnission are hereby
incorporated in such plan development approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 5:
This Resolution shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 6:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Approved by the Commission at its regular meeting on April 2, 2002.
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APPROVED AS TO FORM:
PLANNING AND ZONING COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
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EXHIBIT A
SPECIAL REVIEW FOR PARKING
REVIEW CRITERIA & STAFF FINDINGS
The following section provides land use code language regarding a proposal to pay cash-
in-lieu of providing on-site parking for expansion of an existing development.
Whenever the off-street parking requirements of a proposed development are subject to
establishment and/or mitigation via a payment in lieu by special review, the development
application shall only be approved if the following conditions are met.
a) the parking needs of the residents, customers, guests and employees of
the project have been met, taking into account potential uses of the
parcel, the projected traffic generation of the project, the projected
impacts onto the on-street parking of the neighborhood, its proximity
to mass transit routes and the downtown area, and any special
services, such as vans, providedfor residents, guests and employees.
Staff Findings:
Staff believes that the off-street parking needs of the employees and customers generated
by the proposed addition can be met by utilizing the Rio Grande Parking Garage and
other parking resources within the city. Due to the limited availability of space on the
property, Staff feels that the on-street parking impacts on the neighborhood should be
mitigated for by way of paying a cash-in-lieu fee as the Applicant has proposed. Staff
feels that the payment in-lieu of the additional .3 spaces required by the land use code is
appropriate. Staff finds this criterion to be met.
In determining whether to accept the mitigation or whether to require that the parking be
provided on-site, the Planning and Zoning Commission shall take into consideration the
following:
a) practical ability of the applicant to place parking on-site, whether the
parking needs of the development have been adequately met on-site
and whether the city has plans for a parking facility which would
better meet the needs of the development and the community than
would location of the parking on-site.
Staff Findings:
Staff does not believe that the Applicant could provide any additional parking spaces on-
site due to the existing site coverage of structures on the parcel, as well as, the minimal
existing vehicular access points due to the fact that the parcel abuts the Hyman Avenue
Pedestrian Mall. Staff feels that the parking impacts of the addition can be adequately
provided for in the Rio Grande Parking Garage or other parking resources within the City
of Aspen. Staff finds this criterion to be met.
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EXHIBIT B
SPECIAL REVIEW FOR OPEN SPACE/COMMERCIAL RESTAURANT
REVIEW CRITERIA & STAFF FINDINGS
The following section provides land use code language regarding a proposal to use
required open space for a commercial restaurant use.
The provisions above notwithstanding, required open space may be used for commercial
restaurant use if the Planning and Zoning Commission determines, by Special Review
(see Chapter 26.430), that such use is:
a) compatible with or enhances the purposes of these open space
requirements, and;
Staff Findings:
Staff feels that utilizing the required open space at 307 S. Mill Street for Seasonal
Commercial Restaurant Use enhances the purpose of the particular open space. The other
areas of open space on the subject parcel are already used as outdoor seating and the
courtyard area that is proposed for the outdoor dining is currently cluttered with debris
and is unsightly. Furthermore, Staff believes that the addition of more outdoor dining
will bring added liveliness to the commercial core area and feels that the proposal is
appropriate for this area of town. Staff finds this criterion to be met.
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EXHIBIT C
WHEELER OPERA HOUSE VIEW PLANE REVIEW
REVIEW CRITERIA & STAFF FINDINGS
The following section provides land use code language regarding a proposal for
development within the designated Wheeler Opera House View Plane.
1. No mountain view plane is infringed upon, except as provided in Section 26.435-
050 (C)(2).
When any proposed development irifi-lnges upon a designated view plane, but is
located in front of another development which already blocks the same view
plane, the Planning and Zoning Commission shall consider whether or not the
proposed development will fUrther infringe upon the view plane, and the
likelihood that redevelopment of the adjacent structure will occur to re-open the
view plane. In the event the proposed development does not fUrther infringe upon
the view plane, and re-redevelopment to re-open the view plane cannot be
anticipated, the Planning and Zoning Commission shall approve the development.
Staff Findings:
The structure that contains Pacifica Restaurant (located directly south of proposed storage
area) is currently taller than the proposed storage building and sits between the Wheeler
Opera House and Aspen Mountain. Staff believes that the Applicant's proposal to
increase the height of the storage building from 8'3" to 9'9" will have a minimal affect
on the view of Aspen Mountain from the Wheeler Opera House Entrance due to the fact
that the Pacifica Building already infringes on the view plane. Staff also does not
anticipate that the building where Pacifica is located will be lowered at any time in the
near future to re-open the view plane. Staff finds this criterion to be met.
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MEMORANDUM
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To: Development Review Committee
From: John Niewoehner. Community Development Engineer
Reference DRC Caseload Coordinator
Date: March 22, 2002
Re: 307 S. Mill Street. GMQS Exemption for Additional Commercial Space, Special Review
for Outdoor Seating, Wheeler Opera House View Review
Attendees:
John Niewoehner, Community Development Engineer
James Lindt, Community Development Planner
Jerry Nye, Street Department
Phil Overeynder, Water Department
Richard Goulding, Engineering
Janette Whitcomb, Environmental Health
Tom Bracewell, Sanitation District
Jerry Nye, Street Department
Alan Richman, Planner representing S. Mill SI.
The Development Review Committee reviewed the 307 S. Mill Street proposal at their March 13,
2002 meeting, and has compiled the following comments:
General
1. Sufficiency of Submittal: DRC comments are based on the fact that we assume the
submitted site plan is accurate, that it shows all site features, and that proposed
development is feasible. The wording must be carried forward exactly as written unless
prior consent is received from the Engineering Department. This is to alleviate problems
and delays related to approvals tied to "issuance of building permit."
2. R.O.W, Impacts: If there are any encroachments into the public rights-of-way,
the encroachment must either be removed or be subject to current encroachment license
requirements.
Site Review
1. En!lineerin!l Department:
No material storage or dumpsters in ROW unless a encroachment permit is obtained.
The existing on-site space should be sufficient for storage and dumpster.
2. Community Development En!lineer:
No comments at this time.
3. Zonin!l:
No comments from Zoning Officer at this time.
4. Housin!l Department:
No comments at this time.
5. Fire Protection District:
No comments at this time.
Page 2 of 4
March 13 2002
307 S. Mills Street
6. Parks Department:
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No comments at this time. Note: If water and sewer work occurs in Mall ROW. the Parks
Department will need to be involved.
7. Suildin!! Department:
a. Energy analysis needed to demonstrate compliance with Aspen/Pitkin County Energy
Code.
b. Two bathrooms may be needed.
c. The bar is to be fully accessible
d. Mechanical and HPC reviews will be needed.
e. A hood over dishwasher will be required in addition to hood over ranger and fryer.
8. City Water Department
a. Old existing 3/4" g.i. service connection. Existing tap is under fountain. It is
recommended that the project investigate the abandonment of the existing tap and
connect into Hyman Street. The size of the new tap is dependent on quantity and
pressure requirements for sprinklers and restaurant codes.
b. All uses and construction will compiy with the City of Aspen Water System standards
and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code.
9. Aspen Consolidated Sanitation District
The Aspen Consolidated Sanitation District currently has sufficient treatment system
capacity to serve this project. Any downstream collection system capacity problems will
be eliminated through a system of additional proportionate impact fees. Service is
contingent upon compliance With the District's rules, regulations, and specifications that
are on file at the District office.
The project will require the installation of a new sewer in the mall area. A new service will
be required for the project since the Pacifica restaurant is currently having service related
problems. The new lines that are required may be postponed with written as!iurances that
the improvements will be made as soon as possible. Tom Bracewell, line superintendent,
should be contacted by the applicant for more information.
A district approved oil and grease interceptor will be required before service is provided.
Roof drains for the building will need to be checked for connection to the District's
system. Roof drains are illegal and must be directed to dry wells.
The total connection fees can be estimated once detailed plans are available and a tap
permit is completed at our office. All fees must be paid prior to the issuance of a building
permit.
10. Environmental Health
AIR QUALITY: Sections 11-2.1 "It is the purpose of [the air quality section of the Municipal
Code] to achieve the maximum practicai degree of air purity possible by requiring the use
of all available practical methods and techniques to control, prevent and reduce air
pollution throughout the city..." The Land Use Regulations seek to "lessen congestion" and
"avoid transportation demands that cannot be met" as well as to "provide clean air by
protecting the natural air sheds and reducing pollutants".
The addition of 150 sq It to this space will not generate a significant increase in trips per
day. Air mitigation measures are not required.
Page 3 of 4
March 13 2002
307 S. Mills Street
TRASH STORAGE AREA: The applicant should make sure that the trash and grease
storage area has adequate wildlife protection.
r,
~
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FIREPLACElWOODSTOVE PERMITS Initial plans did not indicate a fireplace or wood
burning stove in the proposed facility.
FUGITIVE DUST Prior to any outside demolition, a fugitive dust control plan is required
which includes, but is not limited to fencing, watering of haul roads and disturbed areas, daily
cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or
other measures necessary to prevent windblown dust from crossing the property line or
causing a nuisance.
A condition of approval should be that the applicant provides a completed fugitive dust
control pian to the Environmental Health Department prior to the issuance of a demolition or
building permit.
ASBESTOS Commercial - Prior to remodel, expansion or demolition of any public or
commercial building, includinq removal of drvwall. carpet. tile. etc., the state must be
notified and a person licensed by the state to do asbestos inspections must do an
inspection. The Building Department cannot sign any building permits until they get this
report. If there is no asbestos, the demolition can proceed. If asbestos is present, a
licensed asbestos removal contractor must remove it.
ECOLOGICAL BILL OF RIGHTS The applicant failed to submit information addressing
compliance with the Ecoiogical Bill of Rights, such as listing energy conservation
measures.
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS:
NOISE ABATEMENT: Section 16-1 "The city council finds and declares that noise is a
significant source of environmentai pollution that represents a present and increasing
threat to the public peace and to the health, safety and welfare of the residents of the City
of Aspen and it its visitors. Accordingly, it is the policy of council to provide standards for
permissible noise levels in various areas and manners and at various times and to prohibit
noise in excess of those levels."
During construction, noise cannot exceed maximum permissible sound level standards, and
construction cannot be done except between the hours of7 a.m. and 10 p.m.
It is very likely that noise generated during the construction phase of this project will have
some negative impact on the neighborhood. The applicant should be aware of this and ta ke
measures to minimize the predicted high noise levels.
FOOD SERVICE FACILITIES
Section 10-401 of the Rules and Regulations Governing the Sanitation of Food Service
Establishments in the State of Colorado requires a review of plans and specifications by this
Department. The Department shall be consulted before preparation of plans and
specifications. The Aspen Consolidated Sanitation District must be contacted for their
recommendation on the proper size of the grease trap. Restaurant grills are. regulated by the
City of Aspen and the applicant should contact this Department to be sure that if a grill is
planned, that it is in compliance with City code.
Due to the number of seats in the proposed facility, it is required that two restrooms are
provided for patrons and employees.
A condition should be approval of both plans and specifications before the building permit is
approved. A minimum of two weeks shall be necessary for the Department to review and
approve plans. Also, final approval from this Department is necessary before opening for
business and prior to issuance 'of a Colorado Food Establishment License.
1""\
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Page 4 of 4
March 13 2002
307 S. Mills Street
11. City Community Development - Planning
a. Trash storage must be bear proof.
b. Need to show seating layout.
a. Employee housing mitigation needs to be addressed.
b. GMQS Exemption required. This will be discussed in a different forum.
12. Electric Department
No comments at this time
13. Holy Cross Electric
No comments at this time
14. City Attorney
No comments at this time
15. Streets Department
No comments at this time
16. Historic Preservation Officer
No comments at this time
17. Pitkin County Planninq
No comments at this time
16. County and City Disaster Coordinator
No comments at this time
Approvals
1. Engineering:
The applicant receives approval from the City Engineering Department
(920-5080) for design of improvements, including grading, drainage,
transportation/streets, landscaping, and encroachments within public
right of way.
2. Parks:
The applicant receives approval from the Parks Department (920-5120)
for vegetation species and for public trail disturbance.
3. Streets:
The applicant receives approval from the Streets department (920-5130)
for mailboxes, finished pavement, surface materials on streets, and
alleyways.
4. Permits:
Obtain R.O.w. permits for any work or development, involving street cuts
and landscaping from the Engineering Department
D:\DRC\307 Mills.doc
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MEMORANDUM
To:
James Lindt, Community Development Department
From:
Jannette Whitcomb. City Environmental Health Department
Date:
March 20, 2002
Re:
307 S. Mill St GMQS Exemption for Addition of Commercial Space
ParcellD #2737-182-17
---------------------~-------------------------
-----------------------------------------------
The City of Aspen Environmental Health Department has reviewed the 307 S. Mill St GMQS
Exemption land use submittal under authority of the Municipal Code of the City of Aspen. and has
the following comments.
AIR QUALITY: Sections 11-2.1 'It is the purpose of [the air quality section of the Municipal Code] to achieve
the maximum practical degree of air purity possible by requiring the use of all available practical methods and
techniques to control. prevent and reduce air pollution throughout the city.... The land Use Regulations seek to
'iessen congestion' and 'avoid transportation demands that cannot be met' as well as to 'provide clean air by
protecting the natural air sheds and reducing pollutants'.
The addition of 150 sqft to this space will not generate a significant increase in trips per day. Air
mitigation measures are not required.
TRASH STORAGE AREA: The applicant should make sure that the trash and grease storage area has
adequate wildlife protection.
FIREPLACE/WOODSTOVE PERMITS Initial plans did not indicate a fireplace or wood burning
stove in the proposed facility.
FUGITIVE DUST Prior to any outside demolition. a fugitive dust control plan is required which
includes, but is not limited to fencing, watering of haul roads and disturbed areas, daily cleaning of
adjacent paved roads to remove mud that has been carried out, speed limits. or other measures
necessary to prevent windblown dust from crossing the property line or causing a nuisance.
A condition of approval should be that the applicant provides a completed fugitive dust control
plan to the Environmental Health Department prior to the issuance of a demolition or building
permit.
f"'"
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ASBESTOS Commercial - Prior to remodel. expansion or demolition of any public or commercial
building, including removal of drywall. carpet, tile, etc.. the state must be notified and a person
licensed by the state to do asbestos inspections must do an inspection. The Building Department
cannot sign any building permits until they get this report. If there is no asbestos. the demolition
can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it.
ECOLOGICAL BILL OF RIGHTS The applicant failed to submit information addressing compliance
with the Ecological Bill of Rights, such as listing energy conservation measures.
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS:
NOISE ABATEMENT: Section 16-1 'The city council finds and declares that noise is a significant source of
environmental pollution that represents a present and increasing threat to the public peace and to the health, safety
and welfare of the residents of the City of Aspen and it its visitors. Accordingly, it is the policy of council to provfde
standards for permissible noise levels in various areas and manners and at various times and to prohibit noise in excess
of those levels."
During construction, noise cannot exceed maximum permissible sound level standards, and
construction cannot be done except between the hours of 7 a.m. and 10 p.m.
It is very likely that noise generated during the construction phase of this project will have some
negative impact on the neighborhood. The applicant should be aware of this and take measures to
minimize the predicted high noise levels.
FOOD SERVICE FACILITIES
Section 10-401 of the Rules and Regulations Governing the Sanitation of Food Service
Establishments in the State of Colorado requires a review of plans and specifications by this
Department. The Department shall be consulted before preparation of plans and specifications. The
Aspen Consolidated Sanitation District must be contacted for their recommendation on the proper
size of the grease trap. Restaurant grills are regulated by the City of Aspen and the applicant should
contact this Department to be sure that if a grill is planned, that it is in compliance with City code.
Due to the number of seats in the proposed facility. it is required that two restrooms are provided
for patrons and employees.
A condition should be approval of both plans and specifications before the building permit is
approved. A minimum of two weeks shall be necessary for the Department to review and
approve plans. Also. final approval from this Department is necessary before opening for business
and prior to issuance of a Colorado Food Establishment License.
~
I"')
Aspen Consolidated Sanitation District
Sy Kelly' Chairman
Paul Smith' Treas
Michael Kelly' Secy
March 18, 2002
John Keleher
Frank Loushin
Bruce Matherly, Mgr
James Lindt
Community Development
130 S. Galena
Aspen, CO 81611
Re: 307 S. Mill GMQS
Dear James:
The Aspen Consolidated Sanitation District currently has sufficient treatment system capacity to
serve this project. Any downstream collection system capacity problems will be eliminated
through a system of additional proportionate impact fees. Service is contingent upon compliance
with the District's rules, regulations, and specifications which are on file at the District office.
The project will require the installation of a new sewer in the mall area. A new service will be
required for the project since the Pacifica restaurant is currently having service related problems.
The new lines required may be postponed with written assurances that the improvements will be
made as soon as possible. Tom Bracewell, line superintendent, should be contacted by the
applicant for more information.
. A district approved oil and grease interceptor will be required before service is provided. Roof
drains for the building will need to be checked for connection to the District's system. Roof drains
are illegal and must be directed to dry wells.
The total connection fees can be estimated once detailed plans are available and a tap permit is
completed at our office. All fees must be paid prior to the issuance of a building permit.
Please call if you have any questions.
Sincerely,
. ~c- "'^"-'~----zr
Bruce Matherly
District Manager
cc: John Niewoehue
565 N. Mill St.,Aspen~ CO 81611 / (970)925-3601/ FAX (970) 925-2537
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
~? 5: J;L'/ / .sf
Lf-,/7 /n'~ .
/ -
,200_
, Aspen, CO
SCHEDULED PlfIlLIC HEARING DATE:
STATE OF COLORADO )
) ss.
County of Pitkin )
1\
I,'~ ~ 1M '9, ~ ) _I 'r.A. c-M- (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
k Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
;
_ Posting o!notice: By posting of notice, w~ich form was obta~ned fro~e
. Connnulllty Development Department, whIch was made of SUItable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
If:(ss than one inch in height. Said notice was posted at least ten (10) days
P?Ort9;,the public hearing and was c?ntinu?usly visible fron: the _ da.y o~
'. 0 "'-yo ,200_, to and lllcludlllg the date and tIme of the pubhc
hearing. ':4 photograph of the posted notice (sign) is attached hereto.
_ Mailing of notice. By the mailing ofa notice obtained from the Community
Development Department, which contains the information described in]Section
26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days ~rior to the
public hearing, notice was hand delivered or mailed by first class, postage prepaid
U.S. mail to all owners of property within three hundred (300) feet of the property
subject to the development application, and, at least fifteen (15) days prior to the
public hearing, notice was hand delivered or mailed by first class postage prepaid
U.S. mail to any federal agency, state, county, municipal government, school,
service' district or other governmental or quasi-governmental agency that owns
property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies So noticed is attached hereto.
(continued on next page)
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Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sllfficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the.area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
~(\. ~~
nature .
!!L
The f~~oing "Affidavit of Notice" was ac~owledged befpre J.!le .~ day
of If 0 )~~ ,200:2:, by (s~ )---,)'n
.~ PuBLIC N TICE
RJ::: .307,5. Ml~FSTREET QS ~~PTI9~:~?Il:
EX~;\t-lSrO!\i'Dr6Q~RC . pst;.,' <'- '" ,".:'
'NOrICEJ?,I'fER~:eY<91VE. 't~a~,:a PUbl,Ic.be!ITirig
will' 5eiield'?n'T~e;d~Y.'tp'rh' ?;-2\)O,2~~ta~~e;:t~
ing to'begin':~<4;?O .p.'Ill' ?efore:th.:e},~p:nLPttk~n~'_
Co~r~Y: Growth::',!llianage'ii'len,t., S~,Ill~ls.s~?n!~~1~~~,C,-
CitiesRoom,_CitYYI1\n,l~~~..:(1IiJ~~a?t:"As:P~T\!~
consider ,an application, submit~~cLby S!:le Parry,,'
requesting ,a GMQSEx"ernptionfo~~n:e,~pansI0:1..
of- the"co,!!men:i,~. ~~~~~t_3?,?..I:f."~P~~~:.~.L,,l~~,..::
GMQSExempl;l<:;i( js,r,e~tles~ed p~J:"suant_to: Ses~_:,~:
'fioh:2~A~O,9!O(f;)(2). of' ~~~. Afi>oen Lil~p~':1~;~.~:
C.?doe. .: The ,Prop~rt)', 'Is . .l()c,ated',. ~i.,;'3qI:,$"Jvmr .j
;Stre,et,a~d .is (jes~n1>M~~,~g~*",,~J:1:;,I;,~!~.;~~'
'cltYalld:T:o..yt"ls1t_~ot~pen.'l,'"'t, ",: .,'.,,, "". .' '~~
For fur~.~er,i,pI9'rrJ!,ation':"c()nt~~t, J~m~~ Un~,a:
the City '(,{ Asp~n c~mfn01itY'""D~eve'JopOien:t'D'~;":
gartment, '1305. C:3"lena _~t.,,Aspep:; S() ,(~?O??~?:,'
':m9'5:.'~' ',''';', '-" .. ,,"" "",,";';<''''ry,~<< :',.~.... ... ,""'''''.'';~',> ':;""-:'.':':~"-;":"."''''
:'_',' .>'~,:; s/JasmlneTygre,C?ajr:
";"", Asp /Pilkln,Cpunty G~wtr
:' ;,:",:;_:':':. nagefllent ~Qni.r,nJ~,s.j9,n,;;
Published f;'Th<7: 'Aspen . eson. M~rch}6" 2(}{j2.
(8496) '" ",. .
WITNESS MY HAND AND OFFICIAL SEAL
My connnission expires: if /;23/ ~ '<..,
S - CYx-k <,
Notary Public
A TT ACHMENTS:
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
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ASPENIPITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
A~reement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and <:) '" t.. . Q I><-@...~
(hereinafter APPLICANT) AGREE AS FOLLOWS:
APPLI. C. AN. . T. has submitted to CITY an applicatiqn for
". .... G"'^'~~ <;""'e..-~kw_
(hereinafter, THE PROJECT).
1.
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000)
establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent
to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application. .
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to.enable the Planning
Commission and/or City Council to make legally required rmdings for project consideration, unless current billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of $1 \ '}<> 5 which is for _10 hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review at a rate of $205.00
per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing,
and in no c~se will building permits be issued until all costs associated with case processing have been paid.
CITY OF ASPEN
APPLICANT
By:
By:
~ '.-,-,~-~
-, .-~~
Db '- oLJ - 07
Julie Ann Woods
Community Development Director
Date:
Mailing Address:
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ATTACHMENT 1
ASPENfPITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen Development Application Fee Policy
The City of Aspen, pUrsuant to Ordinance 57 (Series of 2000), has established a fee structure for
the processing ofland use applications. A flat fee or deposit is collected for land use applications
based on the type of application submitted. Referral fees for other City departments reviewing
the application will also be collected when necessary. One check including the deposit for
Planning and referral agency fees must be submitted with each land use application, made
payable to the Aspen/Pitkin Connnunity Development Department. Applications will not be
accepted for processing without the required application fee.
A flat fee is collected by Connnunity Development for Administrative Approvals which
normally take a minimal and predictable amount of staff time to process. The fee is not
refundable.
A deposit is collected by Connnunity Development when more extensive staff review is required,
as hours are likely to vary substantially from one application to another. Actual staff time spent
will be charged against the deposit. Several different staff members may charge their time spent
on the case in addition to the case planner. Staff time is logged to the case and staff can provide
a sunnnary report of hours spent at the applicant's request.
After the deposit has been expended, the applicant will be billed monthly based on actual staff
hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the
case following any hearing or approvals, up until the applicant applies for a building permit.
Current billings must be paid within 30 days or processing of the application will be suspended.
If an applicant has previously failed to pay application fees as required, no new or additional
applications will be accepted for processing until the outstanding fees are paid. In no case will
Building Permits be issued until all costs associated with case processing have been paid.
When the case planner determines that the case is completed (whether' approved or not
approved), the case is considered closed and any remaining balance from the deposit will be
refunded to the applicant.
Applications which require a deposit must include an Agreement for Payment of Development
Application Fees. The Agreement establishes the applicant as being responsible for payment of
all costs associated with processing the application. The Agreement must be signed by the
party responsible for payment and submitted with the application and fee in order for a
land use case to be opened..
The current complete fee schedule for land use applications is listed on the reverse side.
----~--_._--- --
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MEMORANDUM
TO:
Plans were routed to those departments checked-off below:
X ........... City Engineer
o ........... Zoning Officer
X ........... Housing Director
o ........... Parks Department
X ........... Aspen Fire Marshal
0........... City Water
X ........... Aspen Consolidated Sanitation District
X ........... Building Department
X ............Environmental Health
o ........... Electric Department
o ........... Holy Cross Electric
o ........... City Attorney
o ........... Streets Department
o ........... llistoric Preservation Officer
o ........... Pitkin County Planning
o ........... County & City Disaster Coordinator
X ......... Parking Department
FROM:
James Lindt, Planner
Community Development Department
130 S. Galena St.; Aspen, CO 81611
Phone-920.5095 Fax-920.5439
RE:
307 S. Mill St. GMQS Exemption for Addition of Commercial Space,
Special Review for Parking and Outdoor Seating, Wheeler Opera
House View Plane Review
DATE:
3/8/02
DATE OF DRC MEETING: 3/13/02
REFERRAL SCHEDULE
APPLICATION SENT OUT TO REFERRAL AGENCIES* 3/8/02
WRITTEN REFERRALS DUE 3/20/02
Thank you,
r-"
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130 S. Galena SI.
AspenC081611
(970) 920-5090
(970) 920-5439, fax
Aspen/Pitkin
Community
Development
Department
To: Jeffrey Halferty From: James Lindt
Fax: 925-6035 Pages:
Phone: Date: 3/21/02
Re: Referral Comments on 307 S. Mill CC:
o Urgent
o For Review
o Please Comment 0 Please Reply
o Please Recycle
. Comments:
Hi Jeffrey,
Please find attached the referral comments that I have received from the Aspen Sanitation District
about 307 S. Mill SI. Based on these comments, I am forced to require a condition of approval that the
sewer line be replaced. Please contact either Bruce Matherly or Tom Bracewell as soon as you can if
you don't want this condition placed in the resolution. I will need revised comments from them if you
come to a joint understanding that a new sewer line is not needed. Also, please get a seating detail
plan to Ed Van at the Fire department and myself as soon as possible so that he can check the Egress.
My staff memo on this is due Monday, so I need you to get in touch with these guys rather quickly if you
don't want to be required to replace the sewer line.
Thanks,
James