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HomeMy WebLinkAboutLand Use Case.CU.308 S Hunter St.0035.2004.ASLU City of Aspen Community Development Dept. CASE NUMBER PARCEL ID# CASE NAME PROJECT ADDRESS 0035.2004.ASLU 2737-182-25-002 Conditonal Use 308 S. Hunter PLANNER James Lindt CASE DESCRIPTION Conditional Use to Expand REPRESENTATIVE BLUE MAIZE DATE OF FINAL ACTION 07/04/04 CITY COUNCIL ACTION PZ ACTION Reso. 24-2004 ADMIN ACTION Development Order BOA ACTION DATE CLOSED BY 07/09/04 D DRISCOLL 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 26.308.0 I O. 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. Thomas Colosi C/o Blue Maize Restaurant 715 E. Hyman #6, Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number Lots A-C, Block 100, City and Townsite of Aspen Legal Description and Street Address of Subject Property Conditional Use Amendment Approval to Expand Restaurant into Adjacent Space of 1,035 SF. Written Description of the Site Specific Plan and/or Attachment Describing Plan Planning and Zoning Commission Resolution No. 24, Series of 2004, 7/6/04 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) July 17,2004 Effective Date of Development Order (Same as date of publication of notice of approval.) July] 8. 2007 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 I th day of July, 2004, by the City of Aspen Community De pment Direct nn Woods, Community Development Director PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lots A-C, Block 100, City and Townsite of Aspen, by resolution of the Aspen Planning and Zoning Commission nwnbered 24, Series of 2004. Approval of a Conditional Use Amendment was granted to expand the Blue Maize Restaurant by 1,035 Square Feet and 54 seats. For further information contact Julie Ann Woods, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090. s/ City of Aspen Publish in The Aspen Times on July 17,2004 .-..,,-....----... RESOLUTION NO. 24 (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A CONDITIONAL USE AMENDMENT TO EXPAND THE BLUE MAIZE RESTAURANT AT 308 S. HUNTER STREET, LOTS A-C, BLOCK 100, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID#2737-182-25-002 WHEREAS, the Community Development Department received an application from Thomas M. Colosi, requesting approval of a conditional use amendment to expand the Blue Maize Restaurant at 308 S. Hunter Street into the adjacent office space containing approximately 1,035 square feet; and, WHEREAS, pursuant to Section 26.710.150 of the Land Use Code, the C-l (Commercial) Zone District allows for restaurants as conditional uses; and, WHEREAS, the restaurant preceding the Blue Maize Restaurant at 308 S. Hunter received conditional use approval subject to Planning and Zoning Commission Resolution No. 39, Series of 1993; and, WHEREAS, the Community Development Department reviewed the proposed Blue Maize expansion and found it necessary to amend the previous conditional use approval; and, WHEREAS, pursuant to Section 26.425 of the Land Use Code, the Aspen Planning and Zoning Commission may approve, approve with conditions, or deny a conditional use amendment request 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 Community Development Department reviewed the application for a conditional use amendment and recommended approval, with conditions; and, WHEREAS, during a duly noticed public hearing on July 6, 2004, the Planning and Zoning Commission approved, by a six to zero (6-0) vote, a conditional use amendment request to expand the existing Blue Maize Restaurant in the adjacent office space of approximately 1,035 square feet at 308 S. Hunter Street, with the conditions contained herein; 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 recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the existing Blue Maize restaurant is a locally-oriented commercial use that is consistent with the purpose of the Commercial (C-l) Zone District and that the conditional use granted herein is conditioned upon the restaurant remaining a locally-oriented business; and, WHEREAS, the Aspen Planning and Zoning 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 Aspen Planning and Zoning 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 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 conditional use amendment request to expand the existing Blue Maize Restaurant into the adjacent office space at 308 S. Hunter Street is hereby approved subject to the following conditions. I. This conditional use approval establishes a base line operation for this commercial space of 78 customer seats and 1,785 square feet. Any upgrade to service, e.g. nwnber of employees or seats, or a significant change to the hours of operation shall constitute a change to the conditional use and shall require an amendment to this approval. 2. The Environmental Health Department shall review and approve food preparation plans and shall inspect the site prior to issuance of a certificate of occupancy for the expanded restaurant. Any improvements required by the Environmental Health Department shall be completed prior to issuance of a certificate of occupancy on the expanded restaurant. 3. The expanded restaurant shall comply with all applicable building and accessibility code requirement as determined by the Chief Building Official. 4. The Applicant shall enclose their dumpsters or replace with bear-proof dumpsters. 5. The Applicant shall obtain a temporary encroachment license from the City of Aspen Engineering Department for any equipment to be temporarily stored in the right-of- way during construction. 6. Any new signage shall require a sign permit and shall meet the City of Aspen Sign Regulations set forth in Land Use Code Section 26.510, signs. 7. An employee audit shall be conducted prior to building permit approval for the restaurant expansion to determine the current staffmg level of Blue Maize. Additionally, an employee audit shall be conducted after two (2) years of operation in the newly configured space. If after two (2) years of operation, a net increase of more than eight (8) full-time employees over current staffing levels is identified, the Applicant will then have the option of going back to the Planning and Zoning Commission to amend their conditional use approval or to provide employee-housing mitigation in the form of a payment-in-lieu pursuant to the Aspen/Pitkin County Housing Guidelines to remain in business. The auditor and documentation shall be approved by the Housing Office but funded by the Applicant. 8. The Applicant shall install a grease interceptor or automated grease trap that meets the approval of the Aspen Consolidated Sanitation District. 9. The Applicant shall not vent the new dishwasher on the north side of the building if venting is required. 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 Commission at its regular meeting on July 6, 2004. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 3cf8 S, f-LVtvt t~\ /' 7/?7/0,+ , Aspen, CO SCHEDULED PUBLIC HEARING DATE: ,200_ STATE OF COLORADO ) ) ss. County of Pitkin ) I, ~ 1AA. ~ '5 L,' ~d ~ (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 the Community Development Department, which was made of suitable, 1 waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed ofletters not ) less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and- was continuously visible from the _ day.of , 200_, to and including the date and time of the public heJl]@g. A photograph of the posted notice (sign) is attached hereto. "::<"'J.~"'_::' . _ Mailing of notice. By the mailing of a notice obtained fromthe Community Development Department, which contains the information described in S'tion 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days.prior to the public hearing, notice was hand delivered or mailed by first class pos~e 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) 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 sufficient 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. ~4AjJ/h~" df nature The .fo~oing "Affidavit of Notice" w~OWledgedtore mJX J9 day of v. ____- , 200L{, by 0~ YT"l WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Z--j 1;;;;..3} 0') PUBUC NOTICE RE;" BLUE MAIZE RESTAURANT CONDITIONAl.. USE AMENDMENT < NOTICE IS _ _GIVEN that a pub lie meeting wUl be hek1'_~ay, July 6, 2004, at a meeting to begin a .30 p.m. belore the As- pen Planning and ZOD Commission, Sister Cit- ies Room, City Hall, 1 S. Galena St., Aspen, to consider an appllcatio 5ubmltted by Thomas W. Colosi requesting approval of conditional use amendment to expand the Blue Malze restaurant. The property is commonly known as the Blue Maize Restaurant and Is lOcated at 308 S. Hunter Street. The subject property is legaUy described as Lots A-C, Block 100, at)' and Townsite 01 As- ~. further information, contact James Lindt at the City 01 Aspen Community Development De- partment, 130 S. Galena St., Aspen. CO (970) 920- 5095, (or by e-mail atjamesIOci.aspen.co.us). All written correspondence ~lated to the appllca- tlon should be sentto the ve e-mall address. COPY OF THE PUBLICATION slJasmlne Tygre, Chair Aspen Planning d Zoning Commission PubU,b"" In The"pen ma,on Jone 19. 2004. "OGRAPH OF THE POSTED NOTICE 'SIGN\ (2815) {I .I ATTACHMENTS: LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL .._,. . ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~cfi ~t~~~d' ,200_ , Aspen, CO SCHEDULED PUBLIC HEARING DATE: STATE OF COLORADO ) ) ss. County of Pitkin ) I, ...../'1 ~\I..\ LLC; W. (' J1~"S '( (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. e\~ "i~\\.'-"""\-.... .;.;I-t X Posting of notice: By posting of notice, which form was obtained from the Community 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 less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from tl!e 2."Lday of :r ,-,p (: , 200 -.:L, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. 'X....- Mailing of notice. By the mailing of a 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 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 gQ~l1ffient, school servicfO cii,trict or other governmental or quasr:governmental agency that owns property within thrfOfO hundred (300) feet ofthe property sublect 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) . . 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 sufficient 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 p,;m to >h, pobl;' h'mio, 00 ""h ~, Signature The foregoing "Affidavit of Notice" was acknowledged before me this _ day of , 200__, by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public .... ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL . , 517 EAST HOPKINS AVENUE LLC 517 E HOPKINS AVE ASPEN, CO 81611 ASPEN PLAZA LLC C/O GARFIELD & HECHT 601 E HYMAN AVE ASPEN, CO 81611 TROUSDALE JEAN VICK 6] I E HOPKINS AVE ASPEN, CO 81611 BASS CAHN 601 LLC PO BOX 4060 ASPEN, CO 81612 MYSKO BOHDAN D 418 E COOPER AVE SUITE 200 ASPEN, CO 81611 BOGAERT F AMIL Y TRUST PO BOX 300792 ESCONDIDO, CA 92030 MASON & MORSE INC 514 E HYMAN AVE ASPEN, CO 81611 PITKIN COUNTY BANK 80% 534 E HYMAN AVE ASPEN, CO 81611 SJA ASSOCIATES LTD 60% PO BOX 1709 ASPEN, CO 81612 LAZY J RANCH LLC ELKS LODGE 224 HORSEFINS LLC PO BOX 665 210 S GALENA ST STE 21 C/O PITKIN COUNTY TITLE ASPEN, CO 81612 ASPEN, CO 81611 601 E HOPKINS AVE ASPEN, CO 81611 GELD LLC LOEB PAUL L LIVING TRUST GOODING RICHARD L MEYER LOWELL C/O 50% 4800 SHOLLY ST POBOX 1247 223 LINDEN PARK PL CHERRY HILLS VILLAGE, CO ASPEN, CO 81612-1247 HIGHLAND PARK, IL 60035 80111 TAYLOR E NORRIS 1/2 610 EAST HYMAN LLC FURNGULF L TD 602 E HYMAN AVE #1 C/O KRABACHER LAW A COLO JOINT VENTURE ASPEN, CO 81611 OFFICES PC 616 E HYMAN AVE 201 N MILL ST STE 201 ASPEN, CO 81611 ASPEN, CO 81611 , PITKIN CENTER CONDO WOODS FRANK J III PATIO BlJILDING COMPANY OWNERS ASSOC 205 S MILL ST STE 30lA LLC 517 W NORTH ST ASPEN, CO 81611 PO BOX 1066 ASPEN, CO 81611 ASPEN, CO 81612 ARCADES ASSOCIATES LTD 517 E HYMAN L TD BROWN SCOTT M REV TRUST RJS-RS INC C/O A COLORADO LIMITED 50% 304 S GALENA STE A PARTNERSHIP 320 N 7TH ST ASPEN, CO 81611 517 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 DCGB LLC TIGRAN INVESTMENTS LLC API PROPERTIES 236 LLC C/O B LEE SCHUMACHER ESQ C/O EDWARD G DINGILIAN C/O EDWARD DINGILIAN .-2"-0 NORTH MILL ST STE 201 160 W 225 ST 160 W 225TH ST ASPEN, CO 81611 BRONX, NY 10463 BRONX, NY 10463 WOLF F AMIL Y TRUST LEMOS D & J 1/3 lNT VICTORIAN SQUARE LLC 1221 MYRTLE AVE PO BOX 321 C/O GARFIELD & HECHT PC SAN DIEGO, CA 92103 ASPEN, CO 81612 601 E HYMAN AVE ASPEN, CO 81611 YOLK PLAZ:A LLC c/o FLEISHER COMPY 200 E MAIN ASPEN, CO 81611 TENNESSEE THREE PO BOX 101444 NASHVILLE, TN 37224-1444 TENNESSEE THREE RENTALS C/O MRS A E MILLER 126 PAUL SMITH LN ROAN MOUNTAIN, TN 37687 BOOGIES BUILDING OF ASPEN C/O LEONARD WEINGLASS 534 E COOPER AVE ASPEN, CO 81611 GONDEK CHARLENE ANN 3960 HOWARD HUGHES PARKWA Y 5TH FL LAS VEGAS, NV 89109 TOMKINS KERN AND "COMPANY KERN ELIZABETH C/O 3131 LAKESIDE WAY GRAND JUNCTION, CO 81506 ASPEN OFFICE SUITES LLC 520 E COOPER AVE #230 ASPEN, CO 81611 SPRING STREET PO C/O GULFCO L TD 616 E HYMAN AVE ASPEN, CO 81611 LONG GERALD P & PATRICIA D TRUSTEES 490 WILLIAMS ST DENVER, CO 80218 GREENWAY COMPANY INC QUINN HAROLD J JR 666 TRAVIS ST STE 100 SHREVEPORT, LA 71101 RODGERS PORTER R JR & CAROL L #12 COUNTRY CLUB CIRCLE SEARCY, AR 72143 KOPP ROBERT L 50% 34425 HWY 82 ASPEN, CO 8]611 4 SKIERS LP 1108 NORFLEET DR NASHVILLE, TN 37220 WOLF LAWRENCE G TRUSTEE 22750 WOODWARD AVE #204 FERNDALE, Ml 48220 RAYWTJR SPEED J B 50 SCOTT AVE COOKEVILLE, TN 38501 FITZGERALD F AMIL Y PARTNERSHIP LTD C/O FLEISHER AND CO 200 E MAIN ST ASPEN, CO 81611 JENNE LLP C/O PERRY & CO PC PO BOX 1790 BELLAIRE, TX 77402-1790 HYMAN AVENUE HOLDINGS L CB MANAGEMENT PO BOX 1747 605 SHERMAN PKWY SPRINGFIELD, MO 65801-1747 LCT LP TENNESSEE LIMITED PARTNERSHIP PO BOX 101444 NASHVILLE, TN 37224-1444 TOMKINS DOUGLAS S CO ASPEN ART SUPPLY 520 E COOPER AVE ASPEN, CO 81611 W A VO PROPERTIES LP 443 SW SIXTH ST DES MOINES, lA 50309 HUNTER PLAZA ASSOCIATES LLP C/O M & W PROPERTIES 205 S MILL ST STE 30lA ASPEN, CO 81611 NIELSON COL STEVE & CAROL D 501 S FAIRFAX ALEXANDRIA, VA 22314 GOFEN ETHEL CARO TRUSTEE 455 CITY FRONT PLAZA CHICAGO, IL 60611 JOYCE EDWARD II S LA SALLE ST STE 1600 CHICAGO, IL 60603-1211 ARTLA LTD PARTNERSHIP WM C KING 31 WINDING WAY VERONA, PA 15147-3853 MlAO SANDRA 9610 SYMPHONY MEADOW LN VIENNA, VA 22182 SCHNITZER KENNETH JR 2100 MC KINNEY ST 1760 DALLAS, TX 75201 CHATEAU ASPEN UNIT 2l-A LLC -BLDG 42l-G AABC ASPEN, CO 81611 SHUMA TE MARK 1267 STILLWOOD DR ATLANTA, GA 30306 YERAMIAN CHARLES PO BOX 12347 ASPEN, CO 81612 KIEFER KAREN B TRUST 1/4 2130NW95THST SEATTLE, W A 98117-2425 SCHNITZER KENNETH L & LISA L 2100 MCKINNEY ST 1760 DALLAS, TX 75201 BISCHOFF JOHN C 502 S VIA GOLONDRlNA TUCSON, AZ 85716-5843 WILLIAMS CRAIG & LEE FAMIL Y PARTNERSHIP 8990 HEMPSTEAD STE 200 HOUSTON, TX 77008 TREUER CHRISTIN L 981 EBRlARWOODCIRN LITTLETON, CO 80122 NATTERER HELEN 57 BURNBANK ST NEPEAN ONTARIO K2GOH2 CANADA, ERIKSEN STEIN F AMIL Y P ARNERSHIP LLLP 6427 D NORTH BUSINESS PARK LOOP RD PARK CITY, UT 84098 SWEARINGEN WILLIAM F 163 PONCE DE LEON AVE ATLANTA, GA 30308 MORRIS ROBERT P 600 E HOPKINS AVE STE 304 ASPEN, CO 81611 HELLINGER PROPERTIES LTD 1849 WYCLIFF DR ORLANDO, FL 32803 FERRY NATALIE PO BOX 166 GLENCOE, IL 60022 HABER WILBUR A HABER SANDRA 20409 KISHW AUKEE V ALLEY RD MARENGO, IL 60152 ASPEN GROVE ASSOCIATES LLP PO BOX 3421 ASPEN, CO 81612 SILVER QIP EQUITY VENTURE LLC C/O GARFIELD & HECHT 601 E HYMAN AVE ASPEN, CO 81611 DAMSCHRODER TIMOTHY R & ROBIN S 2297 TRILLIUM WOODS DR ANN ARBOR, MI 48105 WILLOUGHBY MARIAN V TRUST 12322 RIP V AN WINKLE HOUSTON, TX 77024 HENDIRCKS JOHN AND BONNIE 1/2 INT 254 N LAUREL AVE DES PLAINES, IL 60016 WEIG NANC:Y ANDERSON ROBERT M & CAVES KAREN WHEELER 1404 23RD AVE LOUISE E 1 BARRENGER CT GREELEY, CO 80634 1021 23RD ST NEWPORT BEACH, CA 92660 CHETEK, WI 54728 ZENSEN ROGER BREMER DR MALCOLM MD ASPEN SQUARE VENTURES ZENSEN MARIANN 3263 A V ALON PL LLP 313 FRANCES THACKER HOUSTON, TX 77019 C/O M & W PROPERTIES WILLIAMSBURG, V A 23185 205 S MILL ST STE 30lA ASPEN, CO 81611 ASPEN B COMMERCIAL WEIGAND STEPHEN L 27/100 MOEN DONNE P & ELIZABETH PROPERTIES C/O J P WEIGAND & SONS INC A EMMY LOU BRANDT C/O 150 N MARKET 8 CABALLEROS RD 316 SOPRIS CIR WICHITA, KS 67202 ROLLING HILLS, CA 90274 BASALT, CO 81621 ROSS JOHN F KUTINSKY BRIAN RUBENSTEIN ALAN B & 7600 CLAYTON RD 7381 MOHANSlC DR CAROL S ST LOUIS, MO 63117 BLOOMFIELD HILLS, MI 48301 57 OLDFIELD DR SHERBORN, MA 01770 BERSCH BLANCHE C FEHR EDITH B REVOCABLE RED FLOWER PROP CO PTNSHP TRUSTEE OF BERSCH TRUST TRUST 545 MADISON AVE STE 700 9642 YOAKUM DR 294 ROUND HILL RD NEW YORK, NY 10022 BEVERL Y HILLS, CA 90210 GREENWICH, CT 06831 HUNKE CARLTON J LVGTRST ' WALLEN MERT 4410 TIMBERLINE DR SW 36 OCEAN VISTA FARGO, ND 58103 NEWPORT BEACH, CA 92660 , DILL FRED H BRADLEY MARK A DIBRELL CHARLES G JR & 41 <j BROOKSIDE AVE PO BOX 1938 FRANCES REDLANDS, CA 92373 BASALT, CO 81621 24 ADLER CIR GALVESTON, TX 77551-5828 TERMINELLO DENNIS J & SEGUIN MARY E TRUST CRAFT LESTER R JR KERRYL 4944 CASS ST #1002 2026 VETERAN AVE 656 RIDGEWAY SAN DIEGO, CA 92109-2041 LOS ANGELES, CA 90025-5722 WHITE PLAINS, NY 10605-4323 HEMP SUZANNE H & MARLY P PETERSON CHRISTY JR TRUSTEES BERSCH TRUST 62 LAKE SHORE DR -FOR THE SUZANNE HEMP 9642 YOAKUM DR RANCHO MIRAGE, CA 92270- LIVING TRUST BEVERL Y HILLS, CA 90210 4054 15470 POMONA RD BROOKFIELD, WI 53005 WARNKEN MARK G ELLERON CHEMICALS CORP CORTRIGHT KEVAN J 1/3 1610 JOHNSON DR 710 NORTH POST RD #350 C/O CORTRIGHT REAL TORS STILLWATER, MN 55082 HOUSTON, TX 77024 3806 PHEASANT LN WATERLOO, lA 50701 n~"".__<<"_" ___ ".~.__.~,.,~~_",_..,~,,_,_,_." WEIGAND N R WEIGAND M C 150 N MARKET WICHITA, KS 67202 GODBOLD EDMUND 0 524 COLONY DR HARTSDALE, NY 10530 RAHLEKL TD @ BANK OF AMERICA HARDING & CARBONE lNC 3903 BELLAIRE BLVD HOUSTON, TX 77025 KRAJIAN RON 617 E COOPER AVE #114 ASPEN, CO 81611 MOEN DONNE P & ELIZABETH A 8 CABALLEROS RD ROLLING HILLS, CA 90274 MA VROVIC ERNA 530 E 72ND ST APT l5-C NEW YORK, NY 10021 HENDRICKS SIDNEY J 6614 LAKEVILLE HWY PETALUMA, CA 94954-9256 GILBERT GARY 1556 ROYAL BLVD GLENDALE, CA 91207 PHILLIPS STEPHANIE 985 FIFTH AVE NEW YORK, NY 10021 APPEL ROBERT APPEL HELEN IN JOINT TENANCY 700 PARK AVE l8-A NEW YORK, NY 10021 HUNKE CARL TON J 4410 TIMBERLINE DR SW FARGO, ND 58103 CALGI RAYMOND D & ANNE A 134 TEWKESBUR Y RD SCARSDALE, NY 10583 SEGUIN JEFF W & MADALYN B PO BOX 8852 ASPEN, CO 81612 FL Y MARIE N 7447 PEBBLE POINTE W BLOOMFIELD, MI 48322 PORTE BROOKE 3520 PADDOCK RD WESTON, FL 33331-3521 GARRISON LELAND M TRUSTEE 4802 E SECOND ST SUITE 2 LONG BEACH, CA 90803 WALLING REBECCA 350 BLANCA AVE TAMPA, FL 33606 KEENAN MICHAEL E & NOLA 265 S FEDERAL HWY BOX 332 DEERFIELD BEACH, FL 33441 N S N ASSOCIATES INC 11051 W ADDISON ST FRANKLIN PARK, IL 60131 REICH MELVIN L TRUST 80% 4609 SEASHORE DR NEWPORT BEACH, CA 92663 CORTRIGHT KEVAN J 1/3 3806 PHEASANT LN WATERLOO, IA 50701 SANDIFER C WESTON JR & DICKSIE LEE 2836 WOOD DUCK DR VIRGINIA BEACH, VA 23456 , JACOBS NORMAN & JERI 2105 HYBERNIA DR HIGHLAND PARK, IL 60035 DAL Y CAROL CENTER 155 LONE PINE RD C-ll ASPEN, CO 81611 " _C"_~~/" '~_'~~,~~~ "'<'-"--'-'-:~'_r - --.,...--- . ..,..- --- ~ "" . ~L. . . ,. , Blue Maize Additional SU22ested Conditions 9. ate The Applicant shall not vent the new dishwasher on the north side of the building if venting is required. .~,-'''~--_.'--,.~-^"'' ZONING: C-l (Commercial) lib C' v\JU~~S loL(W' ~w\ + (_~ Co "VI vvl t v^I_) Aspen Planning and Zoning Commission 0AA R +~- ~0 CO\Af\Qd'~J Joyce Allgaier, Deputy Director \ ,IA ~ \oOtA0QrA~ James Lindt, Planner CL- ApfJf'Ove.d 6'--- 0 -q~<e~, ' Blue Maize Restaurant (308 S. Hunter Street) Conditional Use Amendment - c.p'" \.h c <A Public Hearing '1 kP7' I ~() L~h \A~ ,,,,^ t!I.()\/,/;r ~\ vJo I _ dJckJ Wi1U"ellC cJ.iDov+-- loc~lIy , oV",bA7< - vdcb~ Vl,,\li5 cP l')fn ro u.... d! , -Jfq ","".~ ,~ "'~ MEMORANDUM TO: THRU: FROM: RE: DATE: July 6, 2004 ST AFF RECOMMENDATION: Approval with Conditions ApPLICANT: Thomas W. Colosi LOCATION: 308 S. Hunter Street REVIEW PROCEDURE: Conditional Use: The Planning and Zoning Commission shall by resolution approve, approve with conditions, or deny a development application for a conditional use amendment, after reviewing a recommendation by the Community Development Director. PROPOSED LAND USE: Expand existing restaurantlbar by 1,035 square feet. SUMMARY: The Applicant has requested approval of a conditional use amendment to expand the existing Blue Maize Restaurant/Bar located at 308 S. Hunter Street into an adjacent office space that was recently vacated. The property is located in the C-l (Commercial) Zone District in which the restaurant use is a conditional use. The existing Blue Maize restaurant is allowed to operate under a conditional use that was granted to it's predecessors in the space, the Silver City Grill pursuant to Planning and Zoning Commission Resolution No.5, Series of 1990 and _,,~,~___,__~_~"__.'__"N". ,/'..... "",, ,j Resolution No. 39, Series of 1993 (attached as Exhibit "C"). Additionally, the existing Blue Maize Restaurant space previously housed Lauretta's, the Yogurt Cafe, and the Chocolate Soldier; all of which were food service establishments. PROPOSED OPERATIONS: The Applicant has requested the ability to expand the existing restaurant into the adjacent office space that has been vacant for some time. The area proposed to be added to the restaurant would include 1,035 square feet and fifty-four (54) customer seats. Consequently, the proposed addition to the restaurant would include a new bar area and additional bathroom. STAFF COMMENTS: USE: Staff believes that the proposed restaurant expansion is consistent in terms of use with that of the purpose statement of the C-l (Commercial) Zone District, which is to provide for the establishment of commercial uses which are not primarily oriented towards serving the tourist population. The Blue Maize restaurant does accommodate tourists, but appears to be more geared towards the local population in that they are open during the off-season and currently serve relatively reasonably priced food. Additionally, two other restaurants are located within the same building complex. TRASH: Several commercial dumpsters exist off of the alley for use by tenants of the building. This trash area contains approximately twenty-four linear feet, which exceeds the fifteen (15) linear feet that is required for trash and box storage by Land Use Code Section 26.575.060, Utility/Trash Service Areas. The Applicant proposes to accommodate trash disposal in the same manner that they currently dispose of waste for the existing restaurant operations. That being the case, Staff has recommended a condition of approval requiring that the Applicant enclose their dwnpsters as was required by a previous conditional use approval but never complied with. PARKING: There are currently no parking spaces on the site for use of the building. That being the case, the Applicant has proposed that all of the expanded restaurant's customers will have to park on the nearby streets, park in the Rio Grande Parking Garage, or use alternative methods of transportation to get to the restaurant as is currently the case with the existing establishment. In reviewing the parking situation in the immediate vicinity, Staff believes that sufficient late afternoon and evening parking exists in this immediate area to accommodate the expansion of a restaurant that only serves dinner. Moreover, the conversion of the office space to a restaurant use does not increase the site's parking deficit given that the C-l Zone District requires the same amount of parking for an office use as it does for a restaurant use pursuant to Land use Code Section 26.515.030, Off-street Parking. EMPLOYEE GENERATION: The Conditional Use Review Standards establish that the Planning and Zoning Commission require the Applicant to supply affordable housing to meet the incremental need for increased employees generated by this conditional use amendment. The Applicant contends that the previous office use of the space in which they would like to expand the restaurant into generated seven to eight employees (see signed letter from Morris & Fyrwald Real Estate, who previously operated in the space). Additionally, the Applicant projects that the restaurant will only need to hire four (4) to five (5) new employees to accommodate the proposed expansion. Thus, the Applicant projects a net reduction in the nwnber of employees generated by the space. The Planning Staff has no reason to doubt the Applicant's projected employee numbers or the employee numbers provided by Craig Morris for the previous business that operated in the space (please see floor plan of previous office space attached as Exhibit "D" that shows six (6) to seven (7) work spaces). However, the Housing Authority has recommended a condition of approval be included in the proposed resolution requiring an employee audit of the Blue Maize after two (2) years of operations in the reconfigured space. If the audit were to conclude that employees were generated above and beyond the nwnber of employees that previously conducted business in the space, the Commission could require that an affordable housing cash-in-lieu fee be paid by the Applicant for the additional employees generated by the methodology set forth in the Aspen/Pitkin County Affordable Housing Guidelines at the time of the audit. This requirement has been included in the proposed resolution as Condition No. 7. MAXIMUM SIZE REGULATIONS: The City Land Use Code provides limitations on the size of certain commercial uses including restaurants. That being the case, restaurants are allowed a maximum square footage of 9,000 square feet pursuant to Land Use Code Section 26.575.070(C), Use square footage limitations. Thus, given that the expanded restaurant would be less than 2,000 square feet, Staff finds that the proposal is in compliance with the use-size limitations. RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve the proposed conditional use to expand the Blue Maize Restaurant at 308 S. Hunter Street with the conditions set forth in the attached resolution. RECOMMENDED MOTION: "I move to approve Resolution NO.d.!:J Series of 2004, approving a conditional use, with conditions, to expand the Blue Maize Restaurant at 308 S. Hunter Street by 1,035 square feet, Lots A-C, Block 100, City and Townsite of Aspen." A TT ACHMENTS: Exhibit "A"- Review Criteria and Staff Responses Exhibit "B"- Application Exhibit "C"- Previous Conditional Use Resolutions Exhibit "D"- Floor Plan of Previous Office Use Exhibit "E"- Referral Comments Exhibit "F"- Letters from Public EXHIBIT A BLUE MAIZE RESTAURANT CONDITIONAL USE REVIEW CRITERIA & STAFF FINDINGS 26.425.040 Standards applicable to all conditional uses. When considering a development application for a conditional use, the Planning and Zoning Commission shall consider whether all of the following standards are met, as applicable. A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, with the intent of the zone district in which it is proposed to be located, and complies with all other applicable requirements of this Title; and Staff Finding Staff believes that the proposed conditional use amendment to expand the existing Blue Maize Restaurant into the adjacent office space is consistent with the objectives and intent of the C-l (Commercial) Zone District in that the zone district is intended for the establishment of commercial uses that are not primarily oriented towards serving the tourist population. Staff feels that Blue Maize is primarily a locally- serving establishment, and that the expansion will allow for more locals to visit the establishment without waiting a considerable amount of time to get a seat. Staff also does not feel as if the proposal contradicts any of the objectives of the Aspen Area Community Plan (AACP). In fact, Staff believes that the proposed restaurant expansion will further the vitality that this periphery of the commercial core provides. Staff finds this criterion to be met. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and Staff Finding Staff believes that the proposed conditional use amendment to expand the existing restaurant is consistent with the uses in the immediate vicinity in that the majority of the building subject to this request houses locally-serving food/bar service establishments (Little Ollies, McStorlie's Pub). That being the case, Staff feels that this building was designed and is well suited to accommodate the additional needs of the expanded Blue Maize Restaurant. Staff finds this criterion to be met. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and Staff Finding As was discussed earlier in the memorandum, Staff feels that sufficient on-street parking exists in the late afternoon and early evening to accommodate the expanded restaurant. Additionally, the size of trash disposal facilities for the building is sufficient to accommodate the proposed expansion pursuant to Land Use Code Section 26.575.060, Utility/trash service areas. However, Staff has recommended that the Applicant be required to enclose their dumpsters to keep wildlife from potentially using them as feeding grounds. Moreover, in reviewing the characteristics of the proposed use, Staff does not anticipate the use to generate excessive noise, vibrations, or odor on surrounding properties. Therefore, Staff finds this criterion to be met. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and Staff Finding Staff believes that there are adequate public facilities in the vicinity to serve the proposed use. The structure already contains public water and sanitary services and is located in relatively close proximity to the police and fire stations. Consequently, the Fire Marshal, Water Department Director, and Aspen Consolidated Sanitation District have all reviewed the request and have indicated that there are sufficient public facilities to service the proposed expansion. Staff finds this criterion to be met. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and Staff Finding As was addressed previously in the memorandum, the Applicant is not proposing to add net leasable square footage since the space of the proposed expansion currently contains an office use, which already counts towards net leasable floor area by definition of the City Land Use Code. Moreover, the Applicant has provided a letter from the previous operators in the subject space that indicates that seven (7) to eight (8) employees previously operated out of the space. The Applicant further contends that he will only have to hire four (4) to five (5) employees to accommodate the proposed restaurant expansion and thus there will actually be a net loss in employees generated by the space. Thus, Staff and the Aspen/Pitkin County Housing Authority do not feel that employee housing mitigation is warranted given the net loss in employees. Staff finds this criterion not to be applicable to this application. ....... - E)'hlbH- ViI PO Box 512 Snowrnass, CO. 81654 970.274.0481 amos@pbrworkshop.com the PBR workshop Land Use Application Name:Thomas Colosi Organization:Blue Maize Restaurant Phone:970.948.078I From:the PBR workshoD Date: 5/26/04 Subject:Land Use Application Packet Pages:3 with cover "...., '"" ~ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Aereement for Pavment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and \\\0\\.\)..$ ",). C:.J.c"" (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for f."J'A,vJ.cr", 0<' "6llJes' lj'l\"',t.e v.."*"'",,'-<-..). "'" ($ ".~ (hereinafter, THE PR JECT). 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 findings 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 $ which is for 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 case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: Julie Ann Woods Community Development Director BY:~VJV'~ \1. Cob -I 'DI \6 /0'1 Date: Mailing Address: ? 013o~ b \ IS \~w 0:..; cs \6H g: Isupportlformslagrpayas.doc ]/10/01 , ,..... " 'LICANT: ATTACHMENT 2 -LAND USE APPLICATION ./k . \ ( ( , \ 1tw.6. <;, \-.1 . " 0"') \ tt.i<,\l:'L \.\\(:::\\7,-c: 'lIs i:'. \-l;~ +'~, I\s~ (Co ill W (Indicate street address, lot & block number, legal description where appropriate) ne: ;ation: 'cel ID # (REQUIRED) ,PRESENTATIVE: '0u \ \6i.""5, \\'5\::'10 -\- 'tJ ~VI.~T;~ A \i\i\.<::S l~~~ 7.0 .'''So'''- 5\Lsl\-.JOcU,~S CD qlQ - ';".l..'14 . OL-l<() ( C' '<-L.( 0\0 - me: dress: one#: :OJECT: Lme: 0 \ lX'_~V\ \~ \ u..- Idress:30t) 50'-'-''''- \+u~ Sl.c ,one#: 'no .- qzS- - 66'1.<(, tYPE OF APPLICATION: (please check all that apply): {~-Si>e-CL , (~) c.:-u;\\ . Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt. Special Review 0 Final PUD (& PUD Amendment) 0 Final Historic Development 0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt. 0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition 0 GMQS Exemption 0 Subdivision 0 Historic Designation 0 ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion! Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane 0 Lot Split 0 Temporary Use 0 Other: 0 Lot Line Ad'ustment 0 Text/Ma Amendment '}'/.,. ':"'?_('_v..:~ 4-c'" L\~~ ~.:-"'''' _, ' :'S 0<-- L , t (:,,,2 .vL-Lr' t:Jrd:- c ' EXISTING CONDITIONS: (descri tion of existin . 0L.lu.LJ. ..\ LL ~!',e:'-(-L:" lLf.I.--L-+- --+C \!/2Y \,\' , <'j 11--..( ~JLL- \(-~ltil-':~--"'V'-.. u ROPOSAL: i" \IV, ro osed buildin s, uses, modifications, etc.) ,.___t~ lj J:: :--. \ I \\L- J.-o i.},. i ,0 ~-",,"v'- 4-c: (-....i~ =$. '~!L l"t; .;._L...A....> , 'r)> r. -0 ,,~.cL.>-- \.J :T , (( \) cJ; ~-5 ' fu <\iJ..C-';' <' ,\\\ ',- i 'Y '- "?', \ce lave you attached the following? FEES DUE: $ ] Pre-Application Conference Summary ] Attachment #1, Signed Fee Agreement ] Response to Attachment #3, Dimensional Requirements Form ] Response to Attachment #4, Submittal Requirements. Including Written Responses to Review Standards .11 plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written ext (Microsoft Word Format) must be submitted as part of the application. I"'" ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM ~- Project: "6\ ~ \;\(\~:c;\. 7 (' Applicant: '--(\y, ,~~ W Cc \ C', Location: 'X)p,Y "'~xU-icl, \~uc~~ Zone District: Goftll'1aLIItt.-"5 Lot Size: 4s- ~ 10 0 Lot Area: 3SoJ 9;Ji'>wG rf(;rz-r (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) p.. "\;:)I;:)\hc,\.. \'\."yvLi)c(.-e,~ "<<;=>+ ~~;U:-"'-- , ~,c..-..c.. Cc Slbl( - Commercial net leasable: Number of residential units: Nwnber of bedrooms: Existing: 17r Proposed: Existing; ;V;~' Proposed: Existing: !Il- Proposed: I /100 ,zk ;V jA /V/4- , Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed:_ Buildings Existing non-conformities or encroachments: <;1"lAi--L. Sil;o .Lv /!/kJ(. tv"" ("),.J Dr",/:. ,)0/11"1- Put7'Jc, Variations requested: ",..... Page I of2 '- pbr From: To: Sent: Subject: "pbr" <amos@pbrworkshop.com> "pbr" <amos@pbrworkshop.com> Thursday, May 27, 20042:37 PM Re: Reply from Thomas Colosi Re: Blue Maize Restaurant Desian In response to the "Submittal Key" required by the City for the proposed addition to Blue Maize Restaurant, the following information is provided: 1. ADDlicant's Name. Address. Etc. THOMAS COLOSI 715 E. Hyman Avenue, #6 Aspen, Colorado 81611 (970) 948-0781 2. ProDosed DeveloDment: Retail Space (presently leased by Craig Morrison) 308 S. Hunter Street Aspen, Colorado 81611 3. ProDertv Owner. The owner of the property is Jerry Long, who consents to Blue Maize's acquisition of the additional space (presently leased by Craig Morrison). Blue Maize has been a tenant within the same center (308 S. Hunter Street) for seven years. Mr. Long has indicated he will comply with all requirements of the City, including providing a certificate of title insurance, and details regarding mortgages, judgments, liens, etc. 4. Vicinity MaD See Attached 5. N/A - wavied by Community Development Department 6 & 17. Site Plan. Attached, please see the "Existing" layout of the Blue Maize Restaurant, as well as the "Proposed" layout which details the design for the additional space sought by Blue Maize. Blue Maize intends to acquire the space presently leased by Craig Morrison Real Estate, which includes approximately 1,035 square feet. 7. DescriDtion of ProDosed DeveloDment. As noted in the attached plans (existing versus proposed), the development will include demolition ofthe present wall between Blue Maize and Craig Morrison, as well as demolition of the various partitions within the Craig Morrison space. The new restaurant space will consist of an "open layout" and will provide an additional 30-40 seats; one additional restroom; a larger bar/waiting area; and expansion of the present kitchen for a safer work environment. The only exterior changes will be the removal of the existing Craig Morrison sign and replacement with a Blue Maize sign (which will not exceed the size of the present Craig Morrison sign). Miscellaneous/Historv Information. The Blue Maize Restaurant has been a tenant of 308 S. Hunter Street since 1997, at which time the restaurant seated approximately 30 people. In 1998, the restaurant added an additional 20 seats. At the present time, Blue Maize serves approximately 180-200 patrons per evening; but is forced to turn away between 40-50 due to a lack of seating and waiting area. The Blue Maize addition will also provide 4-5 new employment positions (wait staff) for proper operation of the restaurant. 5/27/2004 -- , Page 2 of 2 9. N/A - Wavied by Community Development Department - See Attached Photos If you require additional information, please feel free to call me at (970) 946-0761. Your attention and consideration with regard to this proposal are greatly appreciated. Sincerely, Thomas Colosi Blue Maize 308 S. Hunter Street Aspen, CO 81611 5/27/2004 - TO WHOM IT MAY CONCBRN: May 21,2004 Deer Sir: Re; Blue MaiD Rellllunlnl: IlIIlllte OWlllll' of the building located at 398 So, HIIRICl' T. . Aspen, Colorldo. The Blue Mlize R_ JI cumntI)' . T_ . and wish ID IX)lIIIcI tIIeJr mlIIIrInt. I epprovc of thl. eJI!*1'ion and will offer them I .... for rho 1IlldltIoaaI1pICe. Oerakl Loq -, May 27,2004 Re; 308 South Hunter Street, Aspen To Whom It May Concern: When Morris & Fyrwald was operating from 308 South Hunter Street there were three designated offices and four work stations. The office was designed for seven to eight people to work comfortably in that space. Thank you, Craig S. Morris Morris & Fyrwald Real Estate c _ / ~,p (~(J/iJ tJ~ Crlvlti r 1 ~ ~#,-t6' 18r /"1sNw .' J-yt04LD ~ ,';J Q1, ~ 415 E. HYMAN AVENUE ASPEN, co 61611 TEL: 970/925-6060' FAX: 970/920-9993 -~: c j r /./ , , ,':::--"kL ~. -,; <:':-::I'7V:~sfsf: n,i 1lI..' .-tn' '. // ~.' i :5 '1f1/:::-::-::,'lI-:' - -:, _~~f;.l '.... j> --- c,a.; If; € '. -/ r'~~':~~=-~~~-",""', '~,_. " ft}' / :' "~,,_'~_:i__ / ,/ . . "-----~._-_...-'. , g .7 rrMonatpb-St -. - . ~ i/' -,' -'.. S.Mill, "'!' st --~~~=-="~~'_:-'~,' L_ "l~f ,'~ c~ {~ cr~ it. ~5' "- __ /,3 0 .n.." ..-.... )1>> 0 f .~l~~ ~ =' ~~! :ii' .. r ..._ f/ ~~ '. ~~ 'b 5-~ ~' ,"< .il" f """\ "../ BLUE MAIZE VIClNfft:lftAAt S'Q'-._ {;-.' 1'ftrWBctj.... !1 '-'I-tn.' -ftj j :;1, fq S-Mrih~ ----Cfl Sl -- 111<:-8- . . f "~ena'St I'ri ;:. P ~. - -- .. -iiJ n"'1: - -il, ~g-og -- -og. ~. --~'1:!.::I q,' -. '.f:X',s;S"" ' ~"., . ><'fiflSt . :.s:IvJm-' ~-- (IJ Gars ..... fIil_ -'" '.$', .'~D.;:o-'_ ...... '....,.M~ ~.. ." ~ ~.'~ q .'0 ,I,. ~'" -Ib~' ... :: S2 ' ll\ 2.2 ~O< '11)... if 41 "'. ,--~ if if' ;;, 2> Q' ....~ .... '"'= "'llI . SMi1f'St 'fl' ~.' fj f1J: i 5 1:1 o~ -. n~ ., 0 (") ---._.~_.~~ .3 -'" ". .- ~ ..f .l>. ~ ....~. ::::L... Ji.~. III C "CCXl CDCI) :::I ~:r nl:: O~ 1 co' tD -._-- - ,....', --/ ~:4i1iJJar- _ ~~~ .. .!./ '7"-~~==~~_.___~ ,N i / S :w.- , -- i <' est,~.".;,.... '7'~SL . ; i r ~. j( .!"'Ti ',J:.<' ~i ,', tn_ i ,/ .;:- g .h '/6" . , ,Ii , . I" , . _,.9 ^\i-~Jed ----.....-- -.tn: ;1:' ~ ~ !i; O~-:f,[-Mili . # ",Zil 1..s, S.::i &~ .0" ."ilf .....1 __. ..1f' (l,= " lS:i 'm~ Q:I iO <lI ^ CD ... '-!ii-' .~ ~. ~. .~ A,. .,,= ''&c .. " ~.L' .,=l '(9 ,;:"0 -1. = '"i;., '/iiio . . 3: .kJ ~ t1J~ .$--~' "tiE; ,.!; . g.' ~ :::II< ..- .' #<fJ-:---- _ ..,0.. .::'t- .. ,1(. $---~. ;> 9.l. t:.<[,'~'#" ,5! ..... 0"'" .' ~f\' . , ~ -U1 .; ,#'......;;, ~'\ ~ ~. <$' .~. ~ "".Y- .!j ---u;::.~ , Spfi]ce':S~ '- " .~ .21. g " .,. ."~ ~, c :) Picture Top: New Space for Blue Maize Restaurant Above McStorlie's Pub Picture Bottom Left: Current Space for Blue Maize Restaurant Above Little Ollie's Chinese Restaurant RESOLUTION OF THE ASPEN r;)d116JV- \t 1/ ~: ~ 'ONING COMMISSmN FOR _ APPROVAL OF THE SILVER CITY GRILL (308 SOUTH HUNTER STREET) AS A CONDITIONAL USE IN THE C-1 ZONE DISTRICT --- Resolution No. 90-~ WHEREAS, the Planning and Zoning commission held a public meeting December 4, 1990; and WHEREAS, a conditional use review is a public hearing; and WHEREAS, the Planning staff recommended approval of the conditional use with conditions; and WHEREAS, the commission amended the recommendation to include the condition that the applicant's operations shall be reviewed on an annual basis to determine that the use has not changed or the number of full-time equivalent employees has not increased and to determine that they are in compliance with the representations; and WHEREAS, the commission amended the recommendation to establish a baseline operation of 6 full-time equivalent employees. NOW, THEREFORE BE IT RESOLVED by the Commission that it does hereby approve the conditional use for the Silver City Grill with the following conditions: L Odor complaints shall require review and monitoring of the restaurant. Emission control devices may be required. 2. If the applicant were to change the proposed Flat-Griddle type of operation the installation would not be approved without the use of an alternate emission-control device. In addition the ventilation-system installation must meet the requirements of the ,""", ,.. ,~ ~988 Uniform Mechanical Code. 3. If the restaurant begins to employ more than 6 full-time equivalent employees then the applicant shall be required to mitigate the housing impacts. A cash-in-lieu payment of $35,000 per employee (or current amount as indexed. by the Housing Authority) may be used or off-site housing may be purchased to mitigate the impacts. 4. This conditional use establishes a base line operation for this commercial space of 6 full-time equivalent employees, 24 customers seats and 750 square feet. Any ~ in service e.g. number of employees or seats shall constitute a change to the conditional use and shall require an amendment to this conditional use approval. 5. A ~ review of this operation shall be required to determine that the type of restaurant as presented has not changed, or the number of full-time equivalent employees has not increased. APPROVED by the Commission at its regular meeting on December 4, 1990. Planning and Zoning commission: Jt1~~ ILf~S. Carney, Welton Anderson, Chairman JASM lue-rY0l2-S u\Cf::-cdAIe.-H/trJ I lj l/sil ver ,I.....,.", '<, RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR CONDITIONAL USE APPROVAL OF A BAR/SANDWICH ADJUNCT TO THE SILVER CITY GRILL LOCATED AT 308 SOUTH HUNTER STREET, ASPEN COLORADO Resolution No. 93-~ WHEREAS, the applicants, Susan and David Goldberg, have submitted an application to convert a beauty salon space into a bar/restaurant space as an expansion of the existing Silver City Grill restaurant located in the same building; and WHEREAS, pursuant to section 24-5-210 a restaurant is a conditional use in the C-1 zone district requiring a public hearing; and WHEREAS, the Planning and Zoning commission (herein after the "commission") held a public meeting October 19, 1993; and WHEREAS, the commission found that the proposed conversion would not enhance the mixture of uses in the immediate vicinity primarily because of existing trash problems and potential delivery problems; and WHEREAS, the applicants relocated the trash dumpsters out of the public alley and resubmitted their application for review; and WHEREAS, the commission held a public meeting on November 16, 1993; and WHEREAS, the Planning staff recommended approval of the revised application with conditions; and WHEREAS, the commission reviewed the conditional use and found the proposal consistent with the goals of the City of Aspen to encourage local oriented business; and i \ WHEREAS, the commission amended the conditions of approval to reflect that the approval was for an expansion of the existing restaurant. NOW, THEREFORE BE IT RESOLVED by the Commission that it does hereby approve the conditional use for the conversion of the L.A. Salon to a restaurant as an expansion of the Silver city Grill located at 308 South Hunter Street with the following conditions: 1. The Environmental Health Department shall review food preparation plans and shall inspect the site prior to the issuance of a certificate of Occupancy. 2. Prior to the issuance of any building permits the trash dumpsters and grease containers shall be covered and enclosed as recommended by BFI and maintained on the property of 308 South Hunter. 3. All representations made in the application and at the public hearing shall be followed. 4. Any increase in the size of the restaurant or any additional installation of cooking equipment, including venting shall require a substantial amendment to this conditional use to be reviewed by the commission. 5. 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Er!/[lfJ It \\8'1 MEMORANDUM TO: James Lindt, Community Development Department FROM: Cindy Christensen, Housing Office DATE: June 14, 2004 RE: BLUE MAIZE RESTAURANT EXPANSION ParcelID No. ISSUE: The applicant is seeking land use approval to expand into an existing business that includes approximately 1,035 square feet Mitigation Requirement: The current business employs seven to eight people. The expansion of the restaurant is proposed to add seating for an additional 30 to 40 seats, one additional restroom, a larger bar/waiting area, and expansion of the present kitchen. The Blue Maize addition, according to the applicant, will add an additional four to five new employees. New development under the Growth Management Quota System and according to Section 26.470.100, the Commercial Core requires 3.5 to 5.25 employees/l,OOO square feet mitigation. This expansion would calculate to: 1,035 -;- 1,000 = 1.035 X 3.5 = 3.62 1,035 -;- 1,000 = 1.035 X 5.25 = 5.43 The applicant is proposing to expand into existing office space that currently employees seven to eight employees. The applicant's expansion is proposed to create four to five new employment positions; therefore, additional mitigation is not required. RECOMMENDATION: Staff recommends approval of the expansion with one condition - that an employee audit be conducted prior to building permit approval of the existing employee base at Blue Maize and that two years after Certificate of Occupancy of the expanded area, an employee audit be conducted to establish the actual number of employees that the expansion created. If the number exceeds an additional eight employees, additional mitigation would be required at Category 2. The auditor and documentation shall be approved by the Housing Office but funded by the applicant. c1c:h\word\retimal\bluemaize _ expansion.doc , 6/9/04 DRC Meeting - Blue Maize To: PhilO, Cindy C, Ed Van, Denis, James L, Richard G, Tom B, and Jannette: RE: Blue Maize Restaurant DRC - The Blue Maize needs P&Z approval to expand into the adjacent space vacated by a real estate company. Attendees at DRC Meeting: James Lindt, Tom Bracewell, Richard Goulding, James Lindt, John Niewoehner, Richard Chelec (owner, chelecaspen@hotmail.com) and Thomas Colosi (owner, 948-078]) Issues Raised: I. James noted that the former tenant, Silver City Grill, was required to install a dwnpster enclosure but the enclosure was never installed. James will make this a condition ofP&Z approval. Thomas C. says they are looking into getting a BFI dumpster. 2. Tom Bracewell told the Applicants that they will need to provide drawings that show the existing and proposed fixtures and the amount of floor area. They should give this information to Peg prior to applying for the building permit so that Peg can calculate the fees. They will also need to decide what they will do for a sewer service connection. The best idea may be to install their own sewer connection but this would entail a $3500 sewer tap fee. 3. Tom recommended that they consider buying a 'Big Dipper' grease trap. 4. Fire: They need to talk to Ed about requirements for alarms, smoke detectors, etc. 5. Building: They have been talking to Denis about making the bar area and bathroom accessible and venting the dishwasher. 6. Envir. Health: The City of Aspen Environmental Health Department has reviewed the land use submittal under authority of the Municipal Code ofthe City of Aspen, and has the following comments. FUGITIVE DUST any development must implement adequate dust control measures. Dust control will be crucial due to the closeness of existing homes and businesses to the site. ASBESTOS 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. Ifthere is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. TRASH STORAGE AREA: The applicant should make sure that the trash storage area has ,-, '-,....... adequate wildlife protection. We recommend recycling containers be present wherever trash compactors or dumpsters are located. 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 7 p.m., Monday thru Saturday. 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. The applicant should be aware that approval of both plans and specifications is required before the building permit is approved. A minimum of two weeks is necessary for the Environmental Health 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 Service License. Several improvements to the kitchen are required based on new regulations. Improvements include the installation of a mop sink, adequate dirty and clean drainboards, an additional bathroom, additional handsinks and adequate cold storage to cover additional meal volume. 7. Housing: We will see ifP&Z and the Housing Dept agree that no additional employees will be added by the change-in-use. DRC/bluemaize6-9-04 ,c'''' --~. ........... MEMORANDUM To: James Lindt, Community Development Department From: Jannette Whitcomb, City Environmental Health Department Date: June II, 2004 Re: Blue Maize Conditional Use Amendment ---~~-------------~----------------~ ------------------~-----------~--~~--~-- The City of Aspen Environmental Health Department has reviewed the land use submittal under authority of the Municipal Code of the City of Aspen, and has the following comments. FUGITIVE DUST any development must implement adequate dust control measures. Dust control will be crucial due to the closeness of existing homes and businesses to the site. ASBESTOS 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. lfthere is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. TRASH STORAGE AREA: The applicant should make sure that the trash storage area has adequate wildlife protection. We recommend recycling containers be present wherever trash compactors or dumpsters are located. 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 7 p.m., Monday thru Saturday. It is very likely that noise generated during the construction phase ofthis 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. The applicant should be aware that approval of both plans and specifications is required before the building permit is approved. A minimum of two weeks is necessary for the Environmental Health 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 Service License. Several improvements to the kitchen are required based on new regulations. Improvements include the installation of a mop sink, adequate dirty and clean drain boards, an additional bathroom, additional handsinks and adequate cold storage to cover additional meal volume. c "'"' ,I Aspen Consolidated Sanitation District June 9, 2004 REGEnt ED JUN 1 4 2004 Frank Loushin Roy Holloway Bruce Matherly, Mgr Paul Smith * Chairman Michael Kelly * Vice- Chair John Keleher * Secrrreas James Lindt Community Development 130 S. Galena Aspen, CO 81611 1i0rtl~ BUILDING D[.pARTMENT Re: Blue Maize Restaurant Dear James: We currently have sufficient collection and treatment capacity to serve this proposed development. Service is contingent upon compliance with the District's roles, regulations, and specifications which are on file at the District office. A new service line may be required. The District's minimum charge for a new service and tap is $3500. All new and remodeled restaurants are required to install a district approved grease interceptor or automated grease trap. The applicant should contact our line superintendent, Tom Bracewell, for more information. Please call if you have any questions. Sincerely, 3....... '-'-' -rv...~ ~ Bruce Matherly District Manager 565 N. Mill St., Aspen, CO 81611/ (970)925-3601 / FAX (970)925-2537 6(;)I'b/+ \\[=// RONALD GARFIELD) ANDREW V. HECHT OAVID L. LENYO MATTHEW C. FERGUSON I CHRISTOPHER J. LaCROIX'~ CHAD J. SCHMIT1 NATASHA SAYPOL PATRICl:\ M. TULINSKI" GREGORY S. GORDON I..' GAIRlf[lElD & lHIlEClHlT, P.C. ATTORNEYS AT LAW E-mail: atty@garfieldhechLcom Websitc: www.garfieldhecht.com 601 EAST HYMAN AVENUE ASPEN. COLORADO 81611 TELEPHONE (970) 925-1936 FACSIMILE (970) 925-JOOR JASON K. BROLSMA . ',onCEGA" Via e-maujamesl@ci.aspen.co.us and First Class Mail Mr. James Lindt, Planner Community Development Department City of Aspen 130 South Galena Street, 3" Floor Aspen, CO 8]61] June 29, 2004 110 MlDLAND AVENUE SUIrE 201 BASALT. COLORADO 81621 TELEPHONE (970) 927-193f1 FACSIMILE (970) 927-1783 MICHAEL D. McCOLLUM PARALEGAL Re: Blue Maize Restaurant Expansion Dear James: The Garfield & Hecht, P.c. law firm building (also known as Victorian Square 8uilding, 601 East Hyman Avenue) Is located immediately north of the Blue Maize. We have no problem with the expansion plans except as noted below: ] . There is a past history of cooking exhaust fumes finding their way into our second floor offices. We want assurances that, if any expansion of cooking facilities is contemplated by this expansion, Blue Maize must be required to take whatever measures are necessary to assure that cooking fumes do not find their way into our offices. If no expansion of cooking facilities is planned, then our concern would be that, with the increased seating capacity, existing ventIng would no longer be adequate to keep the additional exhaust fumes away from our offices. We would want assurances from the Blue Maize engineer in this regard. In either event (i.e., expansion or no expansion of cooking facilities), we would ask the approval be conditioned on keeping cooking exhaust fumes away from our offices. 2. The application mentions venting a dishwasher. By virtue of an existing agreement with Mr. Long, no venting may project outside the north wall of the building without our permission. On the north side, Mr. Long's building sits right on top of his property line, and the airspace outside the north wall belongs to us. The exIsting agreement permits the north wall venting now in place but does not allow any additional venting, except with our permission. If any venting is contemplated to project out of the north wall, please have Blue Maize submit some engineerIng detail for our consideration and make any approval of this venting conditioned on obtaining our permission and amending the existing agreement to add this venting. Please let me know if Blue Maize and/or Mr. Long are in agreement with this letter and the conditions to the restaurant expansion that we have requested. Thank you for your attention to this letter. RG/mal 1_ ab" "dmitled to New York Bar 94455 1.0DC alsoadmincdtp ConnediclII Bar ~ aho admincd 10 lllinai,Bar ~. al_" admillcd!O rU.a,l>at :; al\oadmiucdlo New Jcr"cy Bar * Printed on recycled paper .-. RECEIVED E-mail: atty@garfieldhecht.com Website: www.garfieldhecht.com JUN 3 0 2004 ASPEN 601Bw~n~AR~NT ASPEN. COLORADO S'!<:11 TELEPHONE (970) 925-1936 FACSIMILE (970) 925-3008 RONALD GARFIELD' ANDREW V. HECHT DAVID L. LENYO MATTHEW C. FERGUSON' CHRISTOPHER J. LaCROIXu CHAD J. SCHMIT' NATASHA SAYPOL PATRICIA M. TULlNSKI' GREGORY S. GORDONI.5 (JARf[ElD & HECHT, roco ATTORNEYS AT LAW JASON K. BROLSMA Via e-m~fliiiife~@ci.aspen.co.us and First Class Mail Mr. James Lindt, Planner Community Development Department City of Aspen 1 30 South Galena Street, 3'. Floor Aspen, CO 81611 June 29, 2004 110 MIDLAND AVENUE SUITE 201 BASALT. COLORADO 81621 TELEPHONE (970) 927-1936 FACSIMILE (970) 927- I 783 MICHAEL D. McCOLLUM PARALEGAL Re: Blue Maize Restaurant Expansion Dear James: The Garfield & Hecht, P.c. law firm building (also known as Victorian Square Building, 601 East Hyman Avenue) is located immediately north of the Blue Maize. We have no problem with the expansion plans except as noted below: 1. There is a past history of cooking exhaust fumes finding their way into our second floor offices. We want assurances that, if any expansion of cooking facilities is contemplated by this expansion, Blue Maize must be required to take whatever measures are necessary to assure that cooking fumes do not find their way into our offices. If no expansion of cooking facilities is planned, then our concern would be that, with the increased seating capacity, existing venting would no longer be adequate to keep the additional exhaust fumes away from our offices. We would want assurances from the Blue Maize engineer in this regard. In either event (i.e., expansion or no expansion of cooking facilities), we would ask the approval be conditioned on keeping cooking exhaust fumes away from our offices. 2. The application mentions venting a dishwasher. By virtue of an existing agreement with Mr. Long, no venting may project outside the north wall of the building without our permission. On the north side, Mr. Long's building sits right on top of his property line, and the airspace outside the north wall belongs to us. The existing agreement permits the north wall venting now in place but does not allow any additional venting, except with our permission. I f any venting is contemplated to project out of the north wall, please have Blue Maize submit some engineering detail for our consideration and make any approval of this venting conditioned on obtaining our permission and amending the existing agreement to add this venting. Please let me know if Blue Maize and/or Mr. Long are in agreement with this letter and the conditions to the restaurant expansion that we have requested. Thank you for your attention to this letter. RG/mal I. alsoadmitledlo New York Bar 94455 I.DOC 2 ahoadmittedto Connecticut Bar 3. also admilled to Illinois Bar 4. also admitted to Texas Bar 5. also admitted to New Jer,ey Bar * Printed on recycled paper ..""..... MEMORANDUM TO: Plans were routed to those departments checked-off below: X ........... City Engineer X ........... Community Development Engineer X ........... Housing Director o ........... Parks Department X ........... Aspen Fire Marshal X ........... 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 ........... Historic Preservation Officer o ........... Pitkin County Planning o ........... County & City Disaster Coordinator 0......... Parking Department FROM: James Lindt, Planner Community Development Department 130 S. Galena St.; Aspen, CO 81611 Phone-920.5095 Fax-920.5439 RE: Blue Maize Restaurant (308 S. Hunter Street) Conditional Use Amendment DATE: 6/2/04 Please review the attached application to expand the Blue Maize Restaurant into the adjacent office space that has become vacant. There will be a DRC on the proposed application next Wednesday, June 91h at 1 :30 PM. DRC Date: June 9th Comments Due: June 16th Thanks, James ,e"" ~... CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT A2reement for Pavment of City of Asoen Develooment AODlication Fees CITY OF ASPEN (hereinafter CITY) and \"\o\A\)..S. ",). edcr,~ (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitied to CITY an application for f."'J:<A.c:.l.<rM n-r: "6\lJct u'1\"h.e J<,~~J'.~ + t5A,^ (hereinafter, THE PR JECT). 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 findings 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 apPli~n completeness, APPLICANT shall pay an initial deposit in the amount of$ y 3/0 which is for _ 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$205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT Julie Ann Woods Community Development Director BY:~~~NvU?, \J - ~\crv ~ 'i:;/ \610'-1. By: Date: Mailing Address: ? OOOK- bl \S \~W Co CSl6ll g: Isupport\forms\agrpayas.doc 1/10/01 RETAIN FOR PERIIANENT RECORD i!ii Ii ~ I ~ >-!h ;! t i ~ dilzaQ.1r ~ ~:i lilt} fa o i ii,,!t ~ ~ Pl<j L ii If ~ ~;~ ~oc ~ ~ ~ in Ii I ; ~ ~n II 8 ~ g,!l~"'~ ! ,I iii i Ii ii ...."lI Or i!~ ....m ~Kl ~m 0;0 =i~ -om i~ _f// z- ....~ i~ ~; ~f// Iii si! !I~~ i ~ t1 ,.. 0:0 ~ Z o ::j () m -~. I \::-; .- - ""'" ~ ffi ~~~~> g ~ :: m~~6~ ~~ oifi"o~ it ::!:rio l~ .. ~~~ :2 (fJ ~ If] -~ ~$ -M ~ ~r'-' :;! r l: -~, 8 n ~ :lil 1-- ~li& ::1- I~ I~~I cl ~ I ~ it ~ , i i 1~11~ . il~ I; Ii .,-. 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