HomeMy WebLinkAboutLand Use Case.CU.Rubey Park.44-80
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No. 44~~
CASELOAD SUMMARY SHEET
, City of Aspen
1. DATE SUBMITTED: ~ \ g /1.) STAFF:
2. APPLICANT:--YclU'" K LJhik., CU^<i J~I\v'\ CllM.DI~
&'t. ~411 ~<;VV^
3. REPRESENTATIVE: ~~~
S\mV\~ I/MY\
Qu'5 - 7-3tf'l
-
4. PROJECT NAME: \tlh.\It1Cti)'\V\l)\\~ CGrJ.it1~1 USv
5. LOCATION: S~ Wf\W of ~~V\L
6. TYPE OF APPLICATION:
Rezoning
P.U.D.
Speci a 1 Revi ew
Growth Management
HPC
Subdivision
Exception
Exemption
70:30
Residential Bonus
Stream Margi n
____8040 Greenline
____View Plane
~Conditional Use
____Other
7. REFERRALS:
1Attorney
~Engineering Dept.
____Housi ng
-XWater
~City Electric
y..~\JI~",t~.
'f., 1,;;.,,-5 om-1-d,av,-,
I
Sanitation District ____School District
Fire Marshal ____Rocky Mtn. Nat. Gas
)( Parks ____State Highway Dept.
Holy Cross Electric ____Other
Mountai n Be 11
8. REVIEW REQUIREMENTS:
'p",r r reN,'~ ~j di!u"";~ 2{. 3.3
t?;))/,'r~ If I' art "6f
...-"...,....,,,".-
9. DISPOSITION:
P & Z )< Approved
DeniedL
DateJ//(p/~o
,
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Council Approved Denied Date
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10. ROUTING:
Attorney
A-Building
Engi neeri ng
Other
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MEMORAr~DUM
TO: Aspen Planning and Zoning Commission
FROM: Jolene Vrchota, Planning Office
RE: White/Connally Conditional Use (Restaurant in Rubey Park)
DATE: September 9, 1980
Location:
Rubey Park, Durant Avenue
Zoning:
P-Park
Ownership:
Application Request:
City of Aspen
Conditional use approval for a restaurant facility in a park.
(P & Z decision following public hearing only; Section 24-3.3)
The applicants will also apply to City Council to lease land
at Rubey Park for this use.
Intent of Park Zone:
With a transporation designation, "to provide for the use
of the public tracts for both parks and public transpor-
tation facilities in the most compatible manner but with
the park character to remain dominant."
Specifics of
Application:
The applicants wish to place the Chuck Wagon (a portable
structure 16 feet by 6.5 feet) on the southeast corner of
Rubey Park for use as a restaurant for carry-out break-
fasts and lunches. In addition, a 4-foot by 4-foot rest-
room would be located behind the structure. (See attached
application.) They believe, in good faith, that they will
provide a necessary service in providing food and restrooms
for the many people who use Rubey Park.
"This property is owned by the City of Aspen and no lease has
been granted to the applicants for use of the site. There-
fore, I recommend denial until such time as the applicants
obtain the right to use the property for this purpose."
Attorney's
Comments:
Parks Department
Comments:
Summary of concerns in attached memo:
1. Problem with the sprinkler system would be exacerbated by
a second structure (in addition to the trolley), and foot
traffic would cause further deterioration of the grass.
The applicants could be required to redesign the land-
scaping and sprinkler system in that area.
2. Private property or business owners are required to remove
snow except on the mall. Removal in front of this restau-
rant in connection with the rest of Rubey Park could set
a precedent.
3. The applicants need to assure that they would not contri-
bute to a trash problem in the surrounding area.
4. Highlands Ski Corp has used this area for bus loading so
alternative arrangements would have to be made.
5. Power availability is uncertain.
Engineering
Comments:
The attached memo includes conditions which need to be met
if the the structure does receive a lease and is placed on
the Rubey Park property.
1. All utility e.onnectionsshall be provided by the applicants.
.
"-~''''.
Memo: White/Connally, Idi
September 9, 1980
Page Two
Engineering
Comments, cont.:
Water Department
Comments:
Environmental
Health Comments:
City Electric
Department
Comments:
Transportation
Department
Comments:
nal Use
2. Applicants shall provide a foundation for the restroom
and supporting pads for the Chuck Wagon.
3. Some sort of deck or walk should be provided at the front
of the restaurant to minimize the dust/mud created by
heavy pedestrian traffic.
4. Applicants shall provide a trash enclosure.
5. Applicants shall place funds in an escrow account to
cover the cost of removing improvements at some time
in the future.
"There is no problem with water supply so long as the appl i-
cant pays a tap fee and investment fee before he connects
to the main. The applicant cannot hook on to Park water
as the Parks Department has never paid a fee or water bill."
(See attached memo.)
The Chuck Wagon has previously been approved for food
service but will be reevaluated in the new location. Elec-
tricity, public water and public sewer must serve the struc-
ture. An employees' restroom must be available to the
business during hours of operation.
No objection to approval, understanding that compliance with
Food Service Regulations must follow.
There is currently power supplied to the Rubey Park bus ter-
minal, but it would not be adequate for extension to a
restaurant. Electricity for the proposed restaurant would
have to be extended about one block from near Guido's
Restaurant. Such extension woulid have to be underground.
The Director comments that the schedule for loading ski
buses is as heavy as 30 to 35 buses being loaded at one
time. He strongly feels that there is no vacant area in the
complex for non-transportation uses. (See attached com-
ments.)
Public Comment: Letters will be entered into the public hearing record at
the Planning and Zoning Commission meeting.
P & Z Alternatives: The P & Z can decide either 1) to approve this conditional
use application subject to a lease being issued by the City,
or 2) to deny the request.
Planning Office
Recommendation:
The Planning Office has the following concerns:
1. Considering the intent of the Park zone, the extensive
use which Rubey Park already receives in the winter
from ski bus loading, and that there are already two
structures, the park character will not remain dominant
at some point. How much more can the park handle and
still be a park?
2. The list of problems described by the referral agencies
is long. Can each one be satisfactorily solved? (The
applicants will address these at your meeting.)
Based on the two concerns above, the Planning Office
recommends denial of the conditional use application.
However, if approval is given, the Planning Office recom-
mends that it be based on satisfaction of the appropriate
referral agencies on the following concerns:
1. Maintenance of sprinkler system and landscaping.
..
.<I""~
Memo: Wh i te/Conna lly \ ld i
September 9, 1980
Page Three
nal Use
"
.."
Planning Office
Recommendation,
Continued:
2. Assurance of frequent trash pick-up, a trash enclosure,
and clean, well-maintained restrooms.
3. Provision of a solution to the problem of trampled grass
and earth in front of the facility (e.g., walk or deck).
4. Provision of underground power lines.
5. Provision of water and sewer hook ups and fee payments
6. Provision of a foundation for the restroom and supporting
pads for the Chuck Wagon.
7. Placement of funds in an escrow account to assure removal
of improvements.
8. Receipt of a license under the Food Service Regulations.
9. Satisfactory arrangement with the City Transportation
Department and the Highlands Skiing Corporation for
loading Highlands buses.
These assurances might be made as recommended conditions for
the issuance of a lease for the property. The applicants
will request that City Council issue a lease.
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11
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August 19,1980
Type of Ownership I Partership- Peter K. White and ,Tohn
R. Connolly
Location Addressl
Stop.
Rubey Park, Dur&nt Ave., Next to Bus
Nature of Rusinessl
Take out food service, which includes
healthy sub type 'andwiches. Hot and
cold drinks, homemade soups and chili,
eggs, danish, pretzels, steamed hot
dogs, etc... Fried foods will not be
sold.
Considering Planning and Zoning approvial, this letter
is to request the right to locate restaurant type operation.
The location of pnoposed food establishment would be of city
space. The space being located next to the "fuusic Trolley
Car", in Rubey Park. The restaurant facility is a condition-
al use in Park zone and does require a Planning and Zoning
hearing.
The building "The Old Chuck Wagon", a wooden structure
presently located in the parking lot on Hyman Street behind
the Spring Street Post Office, Aspen, Colo. is of sound
construction and has pasted all building inspections in com-
pliance with all applicable codes.
Plans of the above-referenced establishment has been
reviewed by the D.E.H.'s own Thomas S. Dunlop. They have
been approved as submitted provided a rest room is con-
structed.
Further, the purpose of this establishment in said
location will be to provide a quick and healthy breakfast
and lunch to the local skiers and tourist in the community.
Also,the building and surrounding area shall be kept
clean and neat at all times and business will be conducted
in a polite and friendly manner.
We would like to thank the Planning and Zoning for thier
consideration of this matter.
John R.Connolly
Peter K. White
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CITY
130 s
treet
1611
M E M 0 RAN DUM
TO: JOLENE VRCHOTA, CITY PLANNING DEFT.
FROM: JIM HOLLAND, DIRECTOR OF PARKS ~
RE: WHITE/CONNOLLY CONDITIONAL USE.
September 9, 1980
I just wanted to add a couple of comments regarding this application.
I met with the applicants today and they told me that they were willing
to foot the bill for the sprinkler system upgrade in that end of the park
and to install a brick pathway in front of the building at their expense
(with the City's bricks). They also assured me that they would keep that
end of Rubey free of trash.
That still leaves unanswered questions regarding snow removal, Aspen High-
land's corral, and the details requiring them to put up front the consider-
able amount of money that it would take to do all of this (including water,
sewer, power, & restrooms).
As I stated before, the landscaping could be advantageous to us both, so
I am pleased with that aspect since it would help the appearance of Rubey
in the short-run and the long-run. The overall concept of using park land
for such a purpose doesn't appeal to me as very appropriate.
..
CITY
130 so
aspen,
treet
1611
M E M 0 RAN DUM
FROM:
Sunny Vann, Planning Office
Jim Holland, Director of park~\\\~
August 28, 1980 \J'
TO:
DATE:
RE:
White/Connolly Conditional Use
I have several concerns regarding the setting of another structure
in Rubey Park, some are the same as I voiced when the trolley went in.
Against my previous objections, we had to abandon most of the existing
sprinkler system in the east end of the park, essentially wiping out
the grass on that end of the property. The addition of the chuck wagon
would cause more problems with the sprinkler system, not to mention the
foot traffic alone which would stomp the area down to dirt and mud, as
the trolley did. This is not to say that a landscape and sprinkler
re-design in that area is not feasible, it definately is, and, if the
chuck wagon footed the bill, it could be advantageous to us both.
At present, we maintain the sidewalk around Rubey Park with regards
to snow removal. The 7th Penny funds the mall snow removal program In
front of private businesses in the mall proper, but this would put us
in the business of maintaining snow removal in front of private estab-
lishments off of the mall as well. According to the Aspen Municipal
Code, that is the responsibility of the property or business owner.
I appreciate Mr. Connolly's and Mr. White's reference to keeping
the building and "surrounding area" clean and neat at all times. That
is a definate concern of ours and a constant battle with all of the bus
and ski foot-traffic this area receives. They would definately be adding
to the trash problem, so it's good to know they're aware and would be
part of the "solution" also.
In the past, this area has been used all winter by the Aspen
Highlands Ski Area as their fenced-corral area for waiting on the ski
buses; the ski Corp does the same corral procedure on the west end of
Rubey. This would have to be considered, and arrangements made. This
could be a real problem.
I'm not certain what the availability for power is at the site,
short of setting a new transformer. You should probably check with
Stogie Maddalone.
JH/rb
-'
...
MEMORANDUM
TO: Jolene Vrchota, planning Office
FROM: Jay Hammond, Engineering Office ~
DATE: September 4, 1980
RE: White/Connolly Conditional Use, Rubey Park Restaurant
Wagon
Having reviewed the above application for a conditional use
approval and having made a site inspection, the Engineering
Department has the following comments:
As r understand it, this application requests conditional
use approval for a restaurant facility in a Park Zone on City
property for which no permission has yet been granted. The
following comments, therefore, address engineering concerns
that should be met if the structure is placed on City property
and does not address the desirability of the conditional use.
r should also note that most of these recommendations are
subject to the specific requirements that may be imposed by
the Building Department:
1. The owner/applicant shall provide all utility
connections (water, sewer, gas, electric, phone,
etc.) at his own expense and all such connections
shall be brought in underground. Water and sewer
connections shall be fully protected from poss-
ible freezing.
2. OWner/applicant shall provide a foundation under
the rest room and a minimum of four concrete pads
supporting the wheels of the wagon to provide stable
support and prevent subsidence of structure.
3. Owner/applicant should install some form of
decking or walkway from the sidewalk on Durant
and/or Galena to a deck area in front of the
wagon. An improvement of some type is required
to prevent the lot from becoming a dust and mud
problem due to pedestrian traffic. We would be
open to solutions the applicant might suggest.
4. Owner/applicant shall provide some form of trash
enclosure behind the structure to hide refuse
from view.
5. Owner/applicant should be required to place funds
in an interest bearing escrow account to cover
the cost of removing all required improvements.
This would serve to protect the City from being
stuck with the problem.
ASPEN. PITKIN
ENVIRONMENTAL HEALTH DEPARTMENT
MEMORANDUM
FROM:
Sunny Vann, Planning Office
Tom Dunlop, Director of Environmental Health73l)
TO:
DATE:
August 29, 1980
RE:
White/Connolly Conditional Use
The location of the proposed restaurant on city owned
property at Rubey Park has been discussed with the applicants
by myself. There are many unanswered questions which need
not be addressed until an approval by Planning & Zoning has
been issued or denied.
The "Old Chuck Wagon" has in the past been approved by our
office for food service. It will have to be re-evaluated at
it's new location under new ownership as does any food service
facility undergoing a change.
Public water and sewer must serve the structure which
also must have electricity. These are primary concerns along
with the fact that an employee's rest room must be available
to the business during hours of operation.
This department has no objection to a conceptual approval
with the understanding compliance with current Food Service
Rules and Regulations must follow.
130 Sout:h Galena St:reet:
Aspen, Colorado 81611
303/925-2020
....
PEN
130 s
MEMORANDUM
TO:
FROM:
DATE:
SUBJ:
Jolene Vrchota
Duane Fengel
September 9, 1980
Amarelda's Cafe - Proposal
In regards to locating the Chuck Wagon at Rubey Park, I believe I can see
some definite problems at this location.
The first problem involves the location of the proposed food establishment
in the Highlands Ski Area maze and bus stop. Since Rubey Park is a trans-
portation center and there are assigned locations for each bus system,
either private or public, there isn't any vacant area in the entire complex
during the winter months. During the ski season there could be, at any
given;time, between thirty and thirty-five buses parked and loading 011
unloading at Rubey Park. In the area of the proposed operation, on the
corner of Durant and Galena, Highlands will average three to five buses
parked at the curb all day.
The second problem is regarding the cleanliness of the area. I believe the
proprietors have the best intentions of maintaining the grounds surrounding
the business, but I also feel that they will find it is an impossibil ity to
accomplish this task with the amount of foot traffic in the area.
.
Amarelda's Cafe - Proposal
Page 2.
In conclusion, I believe that the Rubey Park area is designated as a trans-
portation area, and I don't understand why these people are considering
locating there, unless it's due to the fact that their place of business
resembles an early form of transportation.
--.,
............
"'-_J"
""~......
PEN
MEMORANDUM
DATE: August 26, 1980
TO; Sunny Vann
FROM. Ron Stock
RE White/Connolly Conditional Use
This property is owned by the City of Aspen and no lease
has been granted to the applicants for use of the site.
Therefore, I recommend denial until such time as the
applicant obtains the right to use the property for this
purpose.
RW S lac
5ft cp,nhtl -,
--
........
-
,,-'
ASPEN WATER DEPARTMENT
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
SUNNY VANN - PLANNING OFFICE
JIM MARKALUNAS
WHITE/CONNOLLY CONDITIONAL USE
AUGUST 29, 1980
Per your August 20, 1980 request for written comments regarding the above
application, there is no problem with water supply so long as the applicant
pays a tap fee and investment fee before he connects to the main. The
applicant cannot hook on to Park water as the Parks Department has never paid
a fee or water bill.
/lIIe~
.~.,
",;'
/""',
'-. i'
MEMORANDUM
TO: Ron Stock, City Attorney
Dan McArthur, City Engineer
Jim Markalunas, City Water
Tom Dunlop, Environmental Health
Jim Holland, Parks Director
FROM: Sunny Vann, Planning Office
RE: White/Connolly Conditional Use
DATE: August 20, 1980
The attached application requests conditional use approval to locate a restau-
rant facility in the P-Park zone district. The applicants' propo~ 'd site
is the northwest corner on the intersection of Durant and Galena,
adjacent to the trolley at Rubey Park. This item is scheduled to come before
the Aspen Planning and Zoning Commission on September 16, 1980; therefore,
may I please have any written comments concerning this application no later
than September 4, 1980? Thank you.
"""
'"'"
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.....,
PUBLIC NOTICE
RE: White/Connally Request for Conditional Use in P-Park Zone District
NOTICE IS HEREBY GIVEN that there will be a public hearing before the
Aspen Planning and Zoning Commission on Tuesday, September 16, 1980, at a
meeting to begin at 5:00 P.M. in City Council Chambers, City Hall, 130 S. Galena,
Aspen, to consider an application submitted by Peter White and John Connolly
to operate a restaurant at the corner of East Durant Street and South Galena
Street on the property known as Rubey Park. For further information, contact
the Planning Office, 130 S. Galena, Aspen, 925-2020, ext. 298.
ASPEN PLANNING AND ZONING COMMISSION
by Olof Hedstrom, Chairman
Published in the Aspen Times on August 28, 1980
City of Aspen Account
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August 8,1980
Type of OImership: Partership- Peter K White and John R. Connol1;y"
Location Address: Pikin Center, Hymn St. East side of Cheap Shots
Nature of Business: Take out food service,'lhich includes healthy
sub type sandHiches. Hot and cold drinks,
homemade soups and chili, danish,pretzels,
steamed hot dogs,ect... Grilled and fried
foods Hill not be sold.
In consideration of mutual covenants herein, the plans for the
above-referenced establishment have been revie,led by Hr. \villiam
Clark. They have been approved as submitted. The building "The Old
Chuck vlagon"', a 1,Tooden structure presently located in the parking
lot on Itnman Street behind the Spring St. Post Office, Aspen Colo.
is of sound contruction and has past all building inspections in
compliance 1;ith all applicable codes.
The purposed nm, location for said building as stated above ,Till
be on the east side of Cheap Shots in the Pikin Center. The location
of the food establishment has been approved by building inspector,
Clayton Meyring provided a eight - hour fire wall of cinder block is
constructed betHeen Cheep Shots and purposed building..
Said 1,Tall shall be approJd.mat~ nine feet tall and shall run from
the southeast corner of Cheep Shots building twenty tHO feet dOHn
the east side Hall. Also included is a tHo-hour fire Hall already
constructed into the back side of "The Old Chuck vlagon".
Further, the face of said building is complimentary to the sur-
rounding buildings. ,'Iith the lOHer exterior constructed of old barn
Hood, the roof constructed of dark bro1m cedar shingle. Also, the
building and surrounding area shall be kept clean and neat at all
times. And business ,ril1[; be conducted in a. poll te and friendJ;y mann-
er.
vie Hould like to thank the H.P.C. for thier consideration on
this matter.
I
I
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....
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
LAND USE APPLICATION FEES
County
00100 - 63711 09009 - 00000
63712
63713
63714
63715
63716
63717
City
00100 - 63721 09009 - 00000
63722
63723
63724
63725
63726
PLANNING OFFICE SALES
00100 - 63061 09009 - 00000
63062
63063
Name:
'ferN W'ltF -'
't)b')( 7RLf \
9:7, <71"
Address:
Subdivision/PUD
Special Review
P&Z Review Only
Detailed Review
Final Plat
Special Approval
Specially Assigned
Conceptual Application
Preliminary Application
Final Application
Exemption
Rezoning
Conditional Use
County Land Use Sales
GMP Sales
Almanac Sales
Copy Fees
Other
Project:
----
"7/\ cn
7'7,,+1
Phone:
r/lll0j
Check No.
Receipt No. P
VL II
,
t
Date: