HomeMy WebLinkAboutcoa.lu.gm.406 E Hopkins Ave.A98-95 CASELOAD SUMMARY SHEET
City of Aspen
DATE COMPLETE: -
PROJECT NAME: Isis Theatre Renovat n si
Project Address: 406 E. Hopkins Avenue
Legal Address: Lots L,M and N, Block 87, City and Townsite of
Aspen
APPLICANT: Vann Associates by Sunny Vann, AICP
Applicant Address: 230 E. Hopkins Avenue, Aspen, CO 81611
REPRESENTATIVE: Sunny Van, AICP
Representative Address/Phone: 230 E. Hopkins Avenue,
970-925-6958 Aspen, CO 81611
FEES: PLANNING $ 2040.00 # APPS RECEIVED
ENGINEER $ 252.00 # PLATS RECEIVED
HOUSING $ 156.00
ENV. HEALTH $
TOTAL $ 2448.00
TYPE OF APPLICATION: STAFF APPROVAL: __ 1 STEP: __ 2 STEP:
~r~-~ --~%4Z-5'-~ , VESTED RIGHTS: . YES NO
CC Meeting Date ' PUBLIC HEARING: YES
Y~r~.~ -~?~,~ ~ ~q~ VESTED RIGHTS: YES NO
DRC Meeting Date
REFERRALS:
City Attorney __ Parks Dept. School District
~ City Engineer __ Bldg inspector __ Rocky Mtn NatGas
~X Housing Dir. __ Fire Marshal CDOT
__ Aspen Water __ Holy Cross Clean Air Board
Envir. Hlth. __ACSD ~ r
,>~ Zoning __ Energy Center Other
DATE REFERRED: ~ g INITIALS: ~'~'O DUE:
__ City Atty __ City Engineer Zoning Env. Health
__Housing __ Open Space __ Other:
FILE STATUS AND LOCATION:
MESSAGE DISPLAY
TO Dave Michaelson
From: Randy Ready
Postmark: Jan 02,96 10:58 AM
Subject: Reply to: Isis Theater
Reply text:
From Randy Ready:
After 6pm there are usually at least half of the 340 spaces in the
garage that become vacant. Skier and commuter traffic keeps the
garage mostly-occupied during the day, but there are plenty of spaces
available in the evening. We offer discount validation stickers
($3/day) that several businesses and employers use, but the $3 is the
equivalent of 4 hrs of parking at 75 cents/hr--a long moviel We
could try some kind of a validation system whereby we bill the Isis
on a monthly basis for all or part of their patrons' parking fees, or
Preceding message:
From Dave Michaelson:
Council requested that staff provide some potential TM measures to
address the Isis Theater expansion. My only initial idea would be to
require the Isis to pay a certian portion of the parking costs to
encourage use of the Rio Grande structure. Have other similar deals
been struck, and if so how does it work? Also, what are the usage
rates for the structure, say during evenings during peak season?
MESSAGE DISPLAY
TO Dave Michaelson
From: Randy Ready
Postmark: Jan 02,96 11:05 AM
Status: Previously read
Subject: Reply to: Isis Theater
Reply text:
From Randy Ready:
cont--perhaps a better idea would be to ask the theatre to promote
walking or bus usage (all four city bus routes have stops within a
block of the theatre) in all of their ads and promotional flyers,
etc. The Music Festival does this quite successfully in the
summertime. During the winter, we also have the licensed valet
service operating right across the street. Valet parking is $10
after 6 pm Thursday thru Sunday evenings. Let me know if I can help
with anything else. Thanks and Happy New Year!
Preceding message:
From Dave Michaelson:
Council requested that staff provide some potential TM measures to
address the Isis Theater expansion. My only initial idea would be to
require the Isis to pay a certian portion of the parking costs to
encourage use of the Rio Grande structure. Have other similar deals
been struck, and if so how does it work? Also, what are the usage
rates for the structure, say during evenings during peak season?
MEMORANDUM
TO: Mayor and City Council
THRU: Amy Margerum, City Manager f'2
THRU: Stan Clauson, Community Development Direct6r
(_//
FROM: Dave Michaelson, Planner
DATE: January 8, 1995
SUMMARY: The Isis Theater is currently undergoing a series of approvals to allow for the
remodel and expansion of the theater, the development of two three-bedroom affordable housing
units and a free market unit on a new floor to be added to the structure. Section 8-111.j.
(Affordable Housing) requires that the Joint Growth Management Coinmission (JGMC) provide
a recommendation to the City Council approving the method by which the applicant proposes to
provide affordable housing, On December 5, 1995, the JGMC recommended approval of these
units, based on acceptance by the Housing Office, Conceptual Approval by HPC, and compliance
with the standards included in Ordinance #b't7 , Series of 1995.
On December 18, 1995, staff presented a memorandum and a recommendation of approval at
first reading. Council had two primary concerns with the proposal, and responses are
summarized below.
Is there a method to ensure that all approvals are contingent on the continued use of the
property as a theater?
Response: The proposal is currently being pursued under the existing zoning (CC- Commercial
Core), with a wide variety of commercial uses, including a theater, permitted as of right. The
City cannot enforce additional restrictions upon specific uses beyond those found in Municipal
Code. Efforts to do so have been struck down by several courts as "contract zoning." Contract
zoning results when a rezoning or other associated approvals are made subject to the developer's
promise to comply with certain conditions independent from, or beyond the requirements
contained in the Code,
Staff has included a condition of approval within the Planning Commission resolution (see
Resolution 36, Series of 1995, attached as Exhibit A) that limits any approvals for employee
generation assumptions and on-site employee housing specifically to the Isis Theater proposal.
Any expansion or "change-in-use" would require additional analysis to ensure that an expansion
of on-site employee housing needs would be mitigated. Due to the unusually low ratio of
employees per square foot for theater uses, any change in use would require significant
mitigation, either in the form of cash-in-lieu or off-site buy-down of existing units. It is unlikely
that HPC or staff would support additional units on the roof-top, which would effectively restrict
additional on-site housing to the interior of the structure.
What is the potential increase in traffic due to the Isis proposal, and what transportation
management strategies could be included within the approval to address the potential
impact of doubling available ~eating at the Isis?
Response: Using Institute of Traffic Engineering trip generation rates for variables including
seating, square feet and number of employees consistent with the Isis Theater proposal vary from
42.6 to 46.5 trip ends for the peak hourJ Staff would suggest that these generation rates are
higher than can be expected for the following reasons;
(1) The peak periodsfor theaters are generally beyond the typical peak period of congestion in
Aspen (i.e. evenings beyond 7:00 pm and weekends).
(2) The studies specifically used by ITE were conducted in San Diego and Washington D.C.,
large metropolitan areas where trip making behavior and commercial land uses are much more
auto dependent than in small resort communities such as Aspen.
(3) The downvalley area has several existing theaters which should absorb the majority of
potential downvalley patrons, which would suggest that a large majority of patrons will originate
in the downtown core, reducing the likelihood of auto trip ends exclusively bound for the Isis.
The Planning Commission did not require specific mitigation for transportation impacts due to
the pedestrian nature of the downtown core and the availability of evening parking in the Rio
Grande Parking Garage. Transportation Department data indicate that nearly half of the 340
spaces in the garage are vacant after 6:00 pro.
Staff has discussad potential mitigation with Randy Ready (Transportation and Parking), who
suggested that the applicant coordinate in full faith with the Transportation Department as
programs are developed in association with the paid parking program and other TM measures
pursued by the City in the future. Specifically, Randy suggested that a requirement be placed on
the project to encourage die use of RFTA and available parking at the Rio Grande facility in all
advertisements, flyers and promotional materials.
Options Open To Council: Consistent with the requirements of Section 8-111.J.v., if the
Council does not approve the method by which the applicant proposes to provide affordable
housing, the applicant shall be provided with the direction as to which other method or methods
would be preferable. These options could conceivably include integrating the units within the
structure, located the AH units off-site, or paying the required cash-in-lieu.
Joint Growth Management Commission Recommendation: On December 5, 1995, the
Growth Management Commission forwarded a positive recommendation to the City Council
with a vote of 8-2.
~ Trip Generation Rates are based on Trit~ Generation, 5th Edition, Institute of Traffic Engineers, 1991..
Land Use Code 444 (Movies with Matinees), pages 682-690.
RECOMMENDED MOTION:
"I move to approve Ordinance # 57 , Series of 1995 on second reading, approving the
AH units on the roof-top of the Isis Theater, with the commitment of the applicant to
pursue TM measures in cooperation with the City of Aspen Transportation/Parking
Department."
Attachments:
Exhibit A - Resolution 36, Series of 1995
Exhibit B - Ordinance ~__, Series of 1995
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A GMQS EXEMPTION, AND SPECIAL REVIEWS TO EXCEED THE
ALLOWABLE FLOOR ARE IN THE CC ZONE DISTRICT, THE REDUCTION OF
DIMENSIONS OF REQUIRED TRASH AND UTILITY SERVICE AREA, AND A
REDUCTION IN THE MINIMUM OPEN SPACE REQUIREMENT IN THE CC ZONE
DISTRICT FOR THE ISIS THEATER (LOTS L,M AND N, BLOCK 87)
CITY AND TOWNSITE OF ASPEN
RESOLUTION ~%~
(SERIES OF 1995)
WHEREAS, Section 24-8-204.B.c. of the Aspen Municipal Code
allows the Planning and Zoning Commission to grant a GMQS Exemption
for the enlargement of a historic landmark to be used for
Commercial and residential purposes which increases both the
building's existing floor area and its net leasable square footage;
and
WHEREAS, Section 24-5-209.D.11 of the Aspen Municipal Code
allows the Planning Commission to grant Special Review approval to
exceed the allowable floor area of 1.5:1 to 2.0:1 in the CC Zone
District; and
WHEREAS, Section 24-5-209oD.6. of the Aspen Municipal Code
allows the Planning Commission to grant Special Review approval to
reduce the required dimensions of the required trash and utility
service area; and
WHEREAS, Section 24-7-404.A.3. of the Aspen Municipal Code
allows the Planning Commission to grant Special Review Approval to
reduce the minimum open space requirements in the CC Zone District;
and
WHEREAS, the Planning Director did receive from ISIS LLC
(Applicant) and has reviewed and recommended for approval an
application (the "Plan") for a GMQS Exemption, Special Use Review
to exceed allowable floor area in the CC Zone District, Special Use
Review to reduce the dimensions of the required trash and utility
service area, and Special Use Review tQ reduce the minimum open
space requirement in the CC Zone District; and
WHEREAS, the Planning and Zoning Commission reviewed the
development proposal in accordance with those procedures set forth
.at Section 24-6-205(A)(5) of the Municipal Code and did conduct a
public hearing thereon on December 5, 1995; and
WHEREAS, upon review and consideration Qf the plan, agency and
public comment thereon, and those applicable standards as contained
in Chapter 24 of the Municipal Code, to ~it, Division 2 of Article
8 (Growth Management Exemption), Division 2 of Article 5 (Special
Use Review - Floor Area and Trash/utility Area) and Division 4 of
Article 7 (Special Use Review - Reduction in Open Space) the
Planning and Zoning Commission has recommended approval of the ISIS
Theater's above mentioned requests; and
MOW, TMEREFORE, BE IT RESOLVED BY TME PLAI~NING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO as follows:
That the Commission approves a GMQS Exemption for the enlargement
of a historic landmark to be used for commercial and residential
purposes which increases both the building's existing floor area
and its net leasable square footage, and approves the special use
review requests to exceed the allowable floor area of 1.5:1 to
1.8:1 in the CC zone district, the reduction of the required trash
and utility service area, and the reduction of the minimum open
space in the CC zone district, with the following conditions:
1. All representations made in the application or by the
applicant at the Planning and Zoning Commission meeting shall be
adhered to during development.
2. The final development plans shall include a drainage plan
prepared by a registered engineer that provides for no more than
historic flows to leave the site as described n Section 24-7-
1004.C.4. of the Municipal Code. No drainage shall be allowed to
enter the alley.
3. If sidewalk repair work is deemed necessary by the Engineering
Department, it must be performed prior to an issuance of a
certificate of occupancy.
4. The building permit application shall include a site
improvement survey. A note shall be provided on the survey that
"all easements of record as indicated on Title Policy No. ( ),
dated ( ), have been shown hereon,"
5. Any proposed landscaping shall be shown on the final
development plan in the building permit application. The landscape
design shall be approved by the Parks Department and must meet
streetscape guidelines.
6. The applicant shall agree to join any improvement district
formed for the purpose of constructing improvements in the public
right-of-way.
7. The applicant shall consult city engineering (920-5088) for
design considerations of development within the public right-of-
way, parks department (920-5120) for vegetation species~ and shall
obtain permits for any work or development, including landscaping,
with public rights-of-way~ f~om the City Streets Department (920-
5130).
8. The applicant shall be responsible for providing an audit of
employees two years after the issuance of a C.O. verifying the
employee assumptions contained in the application. This audit must
be done via an independent report supplied by the applicant and
reviewed by the Housing Office for accuracy. If the audit
determines that employment has exceeded the five FTE's, the
applicant shall be required to mitigate any additional employees
according the Guidelines in affect at that time. In addition, the
approved employee calculation of five (5) employees is only
applicable to the Isis project, and any future uses will require
a re-evaluation for mitigation purposes.
9. Prior to the issuance of building permits for the free market
and two affordable units, deed restrictions shall be filed for
approval and review by the Housing Office consistent with
representations within the application.
10. Prior to issuance of a building permit, the applicant shall
pay the applicable cash-in-lieu for open space, consistent with the
requirements of Section 7-403.A.3.
APPROVED by the Commission at its regular meeting on December 5,
1995.
f __ ha3._on OJgdJ3 I3- q -qS '/9 'ff
· Sharon Carrillo~ Sara Garton, Chair
Deputy City Clerk
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VANN ASSOCIATES
Planning Consultafits
October 12, 1995
HAND DELIVERED
Ms. Leslie Lamont
Aspen/Pitkin Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Isis Theatre Renovation and Expansion
Dear Leslie:
Please consider this letter an application for a growth management quota system
(GMOS) exemption and special review approval to renovate and expand the Isis
Theatre (see Exhibit 1, Pro-Application Conference Summary, attached hereto). The
application is submitted pursuant to Sections 8-204.B.l.c., 8-204.C.l.b., 7-404.A. and
7-404.C. of the Aspen Land Use Regulations by Isis, LLC, the prospective purchaser of
the property (see Exhibit 2, Permission to Apply). The property is presently owned
by Dominic and Kathryn Linza (see Exhibit 3, Title Commitment). Permission for
Vann Associates to represent the Applicant and an executed application fee agree-
ment are attached as Exhibits 4 and 5, respectively.
Existing Conditions
As the accompany'rag improvement survey illustrates, the project site is legally
described as Lots L, M and N, Block 87, City and Townsite of Aspen. The property
contains approximately nine thousand and twenty-seven (9,027) square feet of lot
area and is zoned CC, Commercial Core. Man-made improvements to the property
are limited to the existing Isis Theatre building, which is located on Lots L and M,
and a small attached shed which is located on Lot N. The remainder of Lot N is
vacant and is used for storage and parking purposes. The three lots have merged
pursuant to Section 7-1004.A.5. of the Regulations and are located within the City's
Commercial Core Historic Overlay District.
The Isis Theatre, which is also known as the H. Webbet building, was constructed in
1892. The two (2) story brick building contains approximately eight thousand and
forty-five (8,045) square feet of floor area. The majority of the building's ground
floor and a portion of the second floor are occupied by the movie theatre. The
remainder of the ground floor was most recently occupied by a plumbing shop, while
230 East Hopkins Avenue · Aspen, Colorado 81611 · 970/925~6958 · Fax 97'0/920-9310
Ms. Leslie Lamont
October 12, 1995
Page 2
the remainder of the second floor is devoted to the Linza's two (2) bedroom apart-
ment.
The existing Isis Theatre building contains a total of five thousand seven hundred and
sixty-seven (5,767) square feet of existing net leasable commercial area (see Exhibit 6,
Existing Floor Plans). The owner's apartment contains approximately seven hundred
and fifty-three (753) square feet of net livable area. The remainder of the building is
devoted to bathrooms, stairways, circulation corridors, mechanical areas, and tenant
storage.
As the attached engineering report prepared by Jay W. Hammond, P.E., of Schmue-
ser Gordon Meyer, Inc., indicates (see Exhibit 7), the project site is presently served
by all major utilities. Water service to the existing building is provided via a six (6)
inch main which is located in the Hopkins Avenue right-of-way. Sanitary sewer
service is provided via an eight (8) inch main which is located in the adjacent alley.
Electric, telephone, cable TV and natural gas service is also presently available in the
alley.
Proposed Development
The Applicant's objective with respect to the Isis Theatre property is to preserve the
existing historic building and to continue its existing movie theatre use. To accom-
plish this objective, the Applicant proposes to historically designate the Isis Theatre
property and to remodel and expand the existing building to include three (3) addi-
tional movie theatres. As we have discussed, the present day economics of the movie
theatre business require multiple screens to successfully attract major motion picture
releases and to provide flexibility in movie scheduling.
In addition, the Applicant proposes to provide two (2), three (3) bedroom affordable
housing units and a free market dwelling unit on a new second floor which is to be
added to the existing building. The affordable housing units are required to mitigate
the project's GMQS impacts while the replacement free market unit is necessary to
help offset the cost of renovating the historic structure. Both the theatres and the
proposed dwelling units are uses permitted by right in the CC, Commercial Core,
zone district. The proposed theatre expansion and the free market dwelling unit are
exempt from the growth management quota system subject to the review and ap-
proval of the Planning and Zoning Commission. The proposed affordable housing
units are also exempt from the GMQS subject to review and approval by the City
Council.
It should be noted that conceptual development plan approval for the project, and a
recommendation that the Isis Theatre property be historically designated, were
obtained from the Historic Preservation Commission on August 23, 1995. The
Applicant, however, is continuing to work with the HPC to refine the project's
Ms. Leslie Lamont
October 12, 1995
Page 3
exterior elevations. Final HPC approval will be obtained following the receipt of the
requested GMQS exemptions and related approvals.
As the accompanying schematic architectural drawings illustrate, the existing structure
will be expanded onto the adjacent vacant lot. This expansion will permit the inclu-
sion of two (2) large theatres, an entry lobby and concession area on the building's
ground floor. Two (2) smaller theatres, public rest rooms, and the building's storage
and mechanical areas will be located in a new basement to be excavated beneath the
expanded building. The proposed variation in theatre size will allow the Applicant to
screen a wider variety of films, and to continue to accommodate the various local
civic events and organizations (e.g., Filmfest, Aspen Ski Club, etc.) which have histori-
cally utilized the Isis Theatre.
The Isis Theatre building's Hopkins Street facade and west wall will be preserved in
their entirety. The front facade's existing wood siding and the shingle roofed
marquee, however, will be removed, and the facade restored as nearly as possible to
its original configuration. While a portion of the building's east wall will also be
retained, the majority of the wall will be demolished along with the building's alley
wall to accommodate the reconfigured ground floor theatres. Existing bricks from
the demolished walls will be saved and utilized where appropriate in the restoration
of the remainder of the building.
The new addition, which will also be of masonry construction, has been set back from
the existing Hopkins Street facade in deference to the historic building. The pro-
posed free market dwelling unit has also been set back from the front facade to
minimize visual impacts, as have the two affordable housing units which have been
located at the rear of the building. Access to the rooftop dwelling units will be
provided via a new stair and elevator tower which will abut a small entry courtyard
located adjacent to Hopkins Street. As this courtyard does not meet the minimum
open space requirement of the underlying zone district, special review approval to
reduce the project's open space will be required.
While there is no minimum rear yard requirement in the CC, Commercial Core, zone
district, a trash and utility service area is required abutting the alley. As the architec-
tural drawings illustrate, a ten (10) foot by twenty (20) area has been provided
adjacent to the alley for trash and utility purposes. While we believe that this area
will be more than adequate to meet the needs of the project, it technically does not
comply with the applicable zone district requirement. Special review approval,
therefore, will also be required to reduce the size of the project's trash and utility
service area as provided for in the Land Use Regulations.
As Table 1 on the following page indicates, the proposed expansion will increase the
existing Isis building's floor area by approximately eight thousand two hundred and
fifty-eight (8,258) square feet. Simila~y, the building's existing commemial net
Ms. Leslie Lamont
October 12, 1995
Page 4
leasable area will increase by approximately five thousand four hundred and forty-
nine (5,449) square feet. The expanded building, however, will comply with all appli-
cable dimensional requirements of the CC zone district with the exception of the
district's open space and trash and utility service area requirements.
Table 1
Development Data
1. Minimum Lot Size (Sq. Ft.) 3,000
2. Existing Lot Area (Sq. Ft.) 9,027
3. Minimum Setbacks (Feet)
Front Yard None
Side Yards None
Rear Yardsx None
4. Maximum Height (Feet) 40
5. Proposed Height (Feet) 35
6. Minimum Required Open Space 2,257
@ 25% (Sq. Ft.)2
7. Proposed Open Space (Sq. Ft.) 540
8. Maximum Allowable Floor Area @ 13,540
1.5:1 (Sq. Ft.)3
9. Maximum Allowable Floor Area @ 18,054
2:1 (sq. Ft.)
10. Existing Floor Area (Sq. Ft.) 8,045
Ground Floor 6,295
Second Floor 1,750
11. Proposed Floor Area (Sq. Ft.) 16,303
Basement None
Ground Floor
Theatres 10,623
Ms. Leslie Lamont
October 12, 1995
Page 5
Second Floor 5,680
Affordable Housing Units 2,610
Free Market Unit 2,050
Other 1,020
12. Proposed Floor Area Ratio 1.8:1
13. Existing Commercial Net Leasable 5,767
Area (Sq. Ft.)4
14. Proposed Commercial Net Leasable 11,216
Area (Sq. Ft.)4
15. Minimum Required Off-Street Parking 11
Spaces
Commercial @ 2 Spaces/i,000 Sq. Ft 11
Net Leasable5
Residential6 None
16. Proposed Off-Street Parking None
A trash and utility service area is required adjacent to the alley. A minimum
area of ten (10) feet by twenty (20) feet is required for up to 6,000 square feet
of net leasable area. The length of the area must be increased by one foot for
each additional 1,200 square feet of net leasable area.
May be reduced by special review pursuant to Section 7-404.A. of the Regula-
tions.
Increasable to 2:1 by special review pursuant to Section 7-404.A. of the
Regulations. Sixty (60) percent of the additional floor area, however, must be
approved for affordable housing purposes.
Excludes those areas dedicated to bathrooms, stairways, circulation corridors,
mechanical areas, and tenant storage.
May be waived by the HPC pursuant to Section 8-204.B.l.c.(2) of the Regula-
tions.
None required for historic landmarks.
Ms. Leslie Lamont
October 12, 1995
Page 6
The maximum allowable floor area ratio in the CC, Commercial Core, zone district is
1.5:1, which may be increased to 2:1 by special review. In the event the allowable
floor area ratio is increased, sixty (60) pement of the additional floor area must be
used for affordable housing purposes. As the proposed development's floor area
ratio is approximately 1.8:1, special review approval will be required. Please note,
however, that all but one hundred and fifty-three (153) square feet of the project's
additional floor area above 1.5:1 will be utilized for affordable housing purposes.
As Table 1 indicates, approximately two thousand six hundred and ten (2,610) square
feet of the expanded building's floor area will be devoted to the project's affordable
housing units. The area will be divided into two (2), identical three (3) bedroom
units, each of which will contain approximately one thousand and sixty (1,060) square
feet of net livable area. The proposed units exceed the minimum size requirements
of the Aspen/Pitkin Housing Authority and will be deed restricted to APCHA's Cate-
gory 2 income and occupancy guidelines.
As discussed in Schmueser Gordon Meyer's engineering report, the City's water
system has sufficient capacity to serve the proposed development. A new service line
will most likely be required, and the Applicant will be subject to the payment of tap
and connection fees. The Aspen Consolidated Sanitation District also has sufficient
capacity to serve the project. A new service line, however, will be required. The
Applicant will be required to pay both tap and connection fees as well as a surcharge
which is necessary to address existing downstream constraints. As noted previously,
electric, telephone, cable TV and natural gas service are presently available in the
adjacent alley, all of which can be easily extended to serve the project. Existing
meters and pedestals will be relocated to the expanded building's trash and utility
service area.
Review Requirements
The Isis Theatre property must be historically designated to permit the proposed
expansion of the existing theatre building. The expanded theatre operation, the
replacement free market unit, and the two on-site affordable housing units are
exempt from the GMQS subject to review and approval. Special review approval to
exceed the maximum allowable floor area ratio of the CC zone district, and to reduce
the district's minimum open space and utility service area requirements, is also
required. Each of these review requirements is discussed below.
1. Historic Landmark Designation
An application for conceptual development plan approval to expand the Isis
Theatre building and to historically designate the property was submitted to the
Historic Preservation Commission on July 26, 1995. On August 23, the HPC ap-
proved the Applicant's conceptual development plan and voted to recommend
Ms. Leslie Lamont
October 12, 1995
Page 7
approval of the requested historic designation to both the Planning and Zoning
Commission and the City Council. The P&Z must also make a recommendation
regarding the designation, and final approval must be granted by the City Council.
No further response with respect to this issue, however, is required by the Applicant
prior to P&Z and Council review.
2. GMQS Exemptions
Pursuant to Section 8-204.B.c. of the Land Use Regulations, the Planning and
-Z-an!rig Commission may grant a GMQS exemption for the enlargement of a historic
landmark to be used for commemial and residential purposes which increases both
the building's existing floor area and its net leasable square footage. The applicable
review criteria, and the proposed development's compliance therewith are summa-
rized as follows.
a) "For an enlargement at the maximum floor area permitted
under the external floor area ratio for the applicable zone district (excluding any
bonus floor area permitted by special review), the applicant shall provide affordable
housing at one hundred (100) percent of the level which would meet the threshold
required in Section 8-206.E.3. for the applicable use. For each one (1) percent
reduction in floor area below the maximum permitted under the external floor area
ratio for the applicable zone district (excluding any bonus floor area permitted by
special review), the affordable housing requirement shall be reduced by one (1)
percent.
The applicant shall place a restriction on the property, to the satisfac-
tion of the city attorney, requiring that if, in the future, additional floor area is re-
quested, the owner shall provide affordable housing impact mitigation at the then
current standards.
Any affordable housing provided by the applicant shall be restricted to
the housing designee's Category 3 price and income guidelines as set forth int he
Affordable Housing Guidelines established by the Aspen/Pitkin county Housing
Authority."
As the proposed expansion will exceed the 1.5:1 floor area ratio of the
CC, Commercial Core, zone district, the Applicant must provide one hundred (100)
percent of the affordable housing that would ordinarily be required pursuant to the
City's commercial GMQS regulations. The relevant requirement, therefore, is sixty
(60) percent of the additional employees generated by the expansion. Based on the
existing and proposed net leasable figures contained in Table 1, the Applicant would
theoretically be required to house approximately eleven (11) employees calculated as
follows.
Ms. Leslie Lamont
October 12, 1995
Page 8
Proposed Net Leasable - Existing Net Leasable = Additional Net Leasable
11, 216 Sq. Ft. ~ 5,767 Sq. Ft. = 5,449 Sq. Ft.
5,449 Sq. Ft. + 1,000 Sq. Ft. = 5.45
5.45 x 3.5 Employees/i,000 Sq. Ft. Net Leasable = 19.08
19.08 Employees x 0.60 = 11.45 Employees
The proposed development's actual employment, however, is projected
to be five (5) full-time equivalent employees. A manager, assistant manager and
projectionist will be employed full-time. Four (4) part-time employees will sell tickets
and man the theatre's concession operation. This staffing requirement is typical of
the movie theatre business and compares favorably with the employee levels currently
required to operate the five (5) screen, Movieland theatre complex in E1 Jebel.
While the project's employee requirements have been reviewed with Dave Tolen, the
Administrative Director of APCHA, and are believed to be acceptable, the Applicant
will agree to an audit of the expanded theatre's actual employment figures at some
mutually acceptable date.
As discussed previously, the Applicant proposes to provide two (2),
three (3) bedroom affordable housing units on the expanded building's second floor.
These units will house six (6) employees, or more than one hundred (100) percent of
the expanded theatre's. affordable housing requirement. -While the regulations permit
the units to be deed restricted to APCHA's Category 3 income and occupancy
guidelines, the Applicant will voluntarily deed restrict the units to Category 2. A
Category 2 designation will permit somewhat smaller units which will help reduce the
size of the project's second floor addition, and is in keeping with the recommenda-
tions of the HPC.
The Applicant will also agree to a requirement that additional afford-
able housing be provided in the event that the use of the expanded building is
changed from a theatre to a more employee intensive use. Additional information
regarding the proposed development projected employee generation and affordable
housing requirements will be provided for review and approval by APCHA in the
event required.
b) "Parking shall be provided according to the standards of Article
5, Division 2 and Division 3, if HPC determines that it can be provided on the site's
surface and be consistent with the review standards of Article 7, Division 6. Any
parking which cannot be located on-site and which would therefore be required to be
provided via a cash-in-lieu payment shall be waived."
Ms. Leslie Lamont
October 12, 1995
Page 9
Please note that the Historic Preservation Commission has determined
that no parking need be provided on-site in connection with its conceptual develop-
ment plan approval of the proposed development. The required cash-in-lieu pay-
ment, therefore, has been waived.
c) "The development's water supply, sewage treatment, solid waste
disposal, drainage control, transportation and fire protection impacts shall be miti-
gated to the satisfaction of the Commission."
As the attached engineering report from Schmueser Gordon Meyer
indicates, existing utilities in the immediate site area are adequate to serve the
project. All costs associated with the extension of utilities will be borne by the
Applicant. Any additional stormwater runoff generated by the project can be
accommodated on-site via the installation of a drywell to be located beneath the entry
plaza in the southeast corner of the property. No adverse impact on the adjacent
street system is anticipated. Fire protection will be provided by the Aspen Volunteer
Fire Department whose fire station is located adjacent to the project site.
d) "The compatibility of the project's site design with surrounding
projects and its appropriateness for the site shall be demonstrated, including but not
limited to consideration of the quality and character of proposed landscaping and
open space, the amount of site coverage by buildings, any amenities provided for
users and residents of the site, and the efficiency and effectiveness of the service
delivery area."
The proposed development's exterior architecture and its compatibility
with existing development in the immediate site area has been reviewed and approved
by the Historic Preservation Commission. The project's site design is dictated
primarily by limitations imposed by the existing historic structure, the programmatic
requirements of the proposed theatre use, and the dimensional requirements of the
CC zone district. Given the size of the proposed entry courtyard, no formal land-
scaping is anticipated. Street trees, however, will be planted adjacent to the sidewalk
in the Hopkins Street right-of-way.
With respect to amenities, it should be noted that the expanded
building will include an enclosed lobby which will permit theatre patrons to wait
inside during inclement weather. At present, the public must que up on the sidewalk
prior to entering the existing theatre. As the architectural plans illustrate, both the
affordable housing units and the proposed free market unit will be provided with
outdoor decks and tenant storage areas. Additional landscaping will provided in the
various deck areas for the benefit and enjoyment of the residential units.
As discussed previously, a trash and utility service area has been
provided adjacent to the alley. The area is covered and located at grade so as to
Ms. Leslie Lamont
October 12, 1995
Page 10
provide convenient access for trash and delivery vehicles. The existing theatre's
various utility meters and pedestals will be relocated to this area as may be required.
Pursuant to Section 8-204.C.l.b. of the Regulations, the City Council must
approve a GMQS exemption for the two proposed on-site affordable housing units.
An Applicant, however, typically need only demonstrate compliance with the applica-
ble requirements of APCHA's affordable housing guidelines to qualify for an
exemption. As discussed previously, the proposed units exceed APCHA's minimum
size requirements and will be deed restricted in accordance with the Authority's
Category 2 income and occupancy guidelines.
3. Special Review
The Applicant requests special review approval to exceed the CC, Commercial
Core, zone district's allowable floor area ratio, to reduce the size of the expanded
building's trash and utility service area, and to satisfy a portion of the proposed
development's open space requirement via a payment-in-lieu thereof. Each of these
requests is discussed below.
a) Floor Area Ratio
The maximum allowable floor area in the CC zone district is 1.5:1.
Pursuant to Section 5-209.D.11. of the Regulations, this ratio may be increased to 2:1
by the Planning and Zoning Commission, provided that a minimum of sixty (60)
percent of the additional floor area is approved for affordable housing purposes. As
Table i indicates, the proposed development's floor area totals approximately sixteen
thousand three hundred and three (16,303) square feet. The project's resulting floor
area ratio, therefore, is approximately 1.8:1. As this ratio exceeds the 1.5:1 floor area
ratio limitation, special review approval is required.
The proposed development exceeds the 1.5:1 ratio by approximately
two thousand seven hundred and sixty-three (2,763) square feet. All but one hundred
and fifty-three (153) square feet of this square footage is located within the proposed
affordable housing units. As the table indicates, the project's commercial and free
market residential square footage totals approximately thirteen thousand six hundred
and ninety-three (13,693) square feet. The project's remaining two thousand six
hundred and ten (2,610) square feet of floor area is located within the proposed
affordable housing units, all of which will be deed restricted. As a result, the
proposed development's affordable housing substantially exceeds the minimum re-
quirement necessary to qualify for an increase in allowable floor area.
Pursuant to Section 7-404.A. 1. of the regulations, the P&Z must
determine that the requested floor area increase is compatible with, or enhances the
character of, surrounding land uses. As the proposed development's commercial and
Ms. Leslie Lamont
October 12, 1995
Page 11
free market residential floor area is substantially less than the maximum allowed, the
potential impact on adjacent land uses will be significantly reduced. As discussed
previously, virtually all of the requested floor area increase will be used for affordable
housing purposes. No additional commercial or free market residential floor area is
requested. In summary, the proposed development is compatible with neighboring
development, and no adverse impact will occur as a result of the project's increased
floor area ratio.
b) Trash and Utility Service Area
Pursuant to Section 5-209.D.6. of the Regulations, a minimum trash
and utility service area of twenty (20) feet by ten (10) feet is required for up to six
thousand (6,000) square feet of net leasable area. An additional one (1) foot of
length is required for each additional twelve hundred (1,200) square feet of net
leasable area. As the expanded building will contain approximately eleven thousand
two hundred and sixteen (11,216) square feet of net leasable area, the above criteria
would require a trash and utility service area which is approximately twenty-four (24)
feet long (i.e., twenty feet for the first six thousand square feet of net leasable area
plus four feet for the remaining five thousand two hundred and sixteen square feet).
Pursuant to Section 7-404.C. of the Regulations, the P&Z may ap-
proved a reduction in the dimensions of the required trash and utility service area.
As the accompanying architectural plans illustrate, a twenty (20) foot by ten (10) area
is proposed, and is believed to be more that adequate to meet the needs of the
project. This area will easily accommodate a two (2) cubic yard dumpster which is
the largest dumpster which can be conveniently handled during the winter months.
As these dumpsters typically measure approximately four (4) by seven (7) feet, a
second dumpster could also be accommodated in the event required, while still
maintaining adequate space for utility needs.
The building's trash and utility service area will be enclosed on three
(3) sides, covered, and contain a concrete floor. Given the size of the dumpsters to
be used, the spaciousness of the at-grade trash area, and its location adjacent to the
paved alley, dumpster handling by collection personnel should pose no significant
problems. As discussed previously, existing utility meters and pedestals will be
relocated to the proposed trash and utility service area.
c) Open Space
Pursuant to Section 7-404.A.3. of the Regulations, the P&Z may
approve a reduction in the CC zone district's minimum open space requirement. The
Commission, however, must determine that the provision of less than the required
amount of open space will be consistent with the character of surrounding land uses.
As Table 1 indicates, the project's minimum open space requirement is two thousand
Ms. Leslie Lamont
October 12, 1995
Page 12
two hundred and fifty-seven (2,257) square feet. As the accompanying site develop-
ment plan illustrates, approximately five hundred and forty (540) square feet of open
space is proposed.
We believe that the provision of less than the required amount of open
space will be more consistent with the character of surrounding land uses, and is in
keeping with the Land Use Regulations' objective of facilitating the preservation of
historic structures via expansion exempt from growth management. In our opinion,
the provision of open space in accordance with regulatory requirements would serve
no public purpose, as the majority of the existing vacant lot would have to be
preserved. As the surrounding streetscape consists primarily of structures which abut
the front property line, we believe that the retention of a vacant lot between two
adjacent multi-story buildings is inappropriate. Please note that the HPC concurs
with the Applicant's position and has recommended that the P&Z approve the
requested reduction.
Accordingly, the Applicant proposes to make a cash-in-lieu payment as
provided for in Section 7-403.A.3. of the Regulations. The amount of the required
payment will be determined and paid prior to issuance of a building permit for the
proposed expansion.
Should you have any questions, or require additional information, please do not
hesitate to call.
Yours truly,
AICP
Attachments
c:\bus\city. app\app28395.exe
p~-~.,'.ic~Io. co.P~m~,,c.. s~c,~YEXHIBIT 1
OWNER: S NAME:
SUMMARY
1. Type of Applicat.ion:L~:~YY'~q5
2. De ' ~)type of development being requested: .
3. Areas is which Applicant has been requested to respond, types
of reports requested:
Policy Area/
Referral A~ent Comments
Water Dept. contact for tad fee reUuirements -
-
-
4. Review is: (P&~Z Only) (CC Only) en to
~. N.m~er of oopies o~ ti~e applioation to be submitted:/R~"
8. Pa~ent fo~ Attached for szgnature (NO)
9. ~ticipated date of submission: ~
EXHIBIT 2
ISIS THEATRE
Dominic &- Kafhryn Llnza PC), BOX t80
~, COCD~ 81612
July 26, 1995
To Whom It May Concern:
This letter hereby grants to the Isis LLC, as holders of an option to purchase the Isis
Theatre, the right to submit such land use applications as may be necessary to obtain approval for
the .redevelopment of the Isis property for threatre purposes.
After reviewing the plans that the Isis LLC are submitting to you, we are 100% supportive
of the proposed plans. We would like to take this opportunity to say how happy we are that their
intent is to keep theatres in this location.
Yours most sincerely,
Dominic and Kathryn A. Linza
408 E. Hopkins Avenue, Aspen, CO 81611 (970) 925-7909
.I · gUL E1 '9S 19:~S PITKIN COUNTY TITLE AAAAAAAAAAAA
.T, EXHIBIT 3
COMN~TMENT FOR TITLE INSURANCE
SCI:rEDULE A
1. Effective Date: 07/01/95 at 08:30 A.M.
Case No. PCT10050
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy-Form 1992 Amounts TBD
Premiums
Proposed Insured: Rate:E-ISSUE RATE
PROFORMA
(b) ALTA Loan Policy-Form 1992 Amounts
Premiums
Proposed Insured: Rate:
Tax Certificate $20.00
3. Title to the FEE SIMPLE estaze or interest in the land described or
referred to in this Commitment is at the effective date hereof
vested in:
DOMINIC LINZA and KATHRYN A. LINZA
4. The land referred to in this Commitment is situated in the County
of PITKIN, State of COLORADO and is described as follows:
LOTS L, M AND N, BLOCK 87, CITY AND TOWNSITE OF ASPEN.
TOGETHER WITH an easement for encroachment on Lot K, Block 87, City and
Townsite of Aspen as set forth in Deed recorded in Book 347 at Page 988.
COUNTY OF PITKIN, STATE OF COLORADO.
Countersigned at: PITKIN COUNTY TITLE, INC. Schedule A-PG.1
601 E. HOPKINS This Commitment is invalid
ASPEN, CO. 81611 unless the Insuring
303-925-1766 Provisions and Schedules
Fax 303-925-6527 A and B are attached.
,, ~UL ~1 '95 15:~6 PITKIM COUMTY TITLE AAAAAAAAAAAA
SCHEDULE B -'SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors
of the full consideration for the estateor interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record to-wit:
THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS
NOT A CONTRACT TO-ISSUE TITLE INSURANCE A~D SHALL NOT BE CONSTRUED AS
SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY
RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS
AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT
HEREEY AGREES THAT THE COMPANY FjG ISSUED THIS REPORT BY THEIR
REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEMIN IS
ACCURATE AND CORRECT, THE COMPANY SFj~LL NOT EE CF. ARGED WITH ANY
FINANCIAL LIABILITY SHOULD TEAT PROVE TO BE INCORRECT AND THE COMPANY
IS NOT OBLIGATED TO ISSUE A/qY POLICIES OF TITLE INSURANCE.
., JUL 81 '95 15:~6 PITKIN COUHTY TITLE AAAAARRRRRRR
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the
Company:
1. Rights or claims of par=ice in possession not shown by the public records.
Easements. or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, enchroachmenns,
any faces which a correct survey and inspection of the premises would disclose
and which are not shewnbythe public records.
4. Any lien, or right to a lien, for services, labor, or ma=erial hereEofore or
hereafter ~rnished, imposed by law and non shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any,
created, first appearing in the public records or annaching subseguenn =o the
effective dane hereof bun prior no the dane the proposed insured acquires
of record for value Ehe estate or in=crest or mortgage thereon covered by
Ehis Comminmenn.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed
for water or sewer service or for any other special Eaxing district.
.~. Reservations and exceptions as set forth in the Deed from the City
of Aspen recorded in Book 59 at Page 144, 160 and 521 providing as
follows: "That no title shall be hereby acquired to any mine of
gold, silver, cinnabar or copper or to any valid mining claim or
possession held under existing laws".
8. Terms, conditions and provisions of Notice of Historic Designation
recorded in Book 295 at Page 515.
9. Deed of Trust fr6m: Dominic Linza and Kathryn A. Linza
To the Public Trustee of the County of Pitkin
For the use of : Charles Tesitor, Personal Representative of the
estate of Marjorie P. Jenkinson
Original Amount : $500,000~00
Dated : __, 1994'
Recorded : June 24, 1994 in Book 754 at Page 37
Reception No. : 371410
This commitment is invalid unless Schedule B-Section 2
the Insuring Provisions and Schedules Commitment No. PCT10050
A and B are attached.
,. JUL 21 '95 15:37 PI~KIM COUNTY TITLE AAAAAAAAAAAA
ADDITIONAL INFORMATION
AND DISCLOSURES
The Owner's Policy to be issued, if any shall contain the following
items in addition to the ones set forth above:
(1} The Deed of Trust, if any, required under Schedule B-Section !.
(2) Water rights, claims or title to water.
Pursuant to Insurance Regulation 89-2;
NOTE: Each title entity shall notify in writing every prospective
insured in an owner's title insurance policy for a single family
residence (including a condominim or townhouse unit) (i} of
that title entity's general requirements for the deletion of an
exception or exclusion to coverage relating to unfiled mechanics'
or materialmens liens, except when said coverage or insurance is
extended to the insured under the terms of the policy. A
satisfactory affidavit and agreement indemnifying the Company
against unfiled mechanics' and/or Materialmen's Liens executed
by the persons indicated in the attached copy of said affidavit
must be furnished to the Company. Upon receipt of these items
and any others requirements to be specified by the Company upon
request, Pre-printed Item Number 4 may be deleted from the
Owner's policy when issued. Please contact the Company for
further information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any
requirement upon any title insurer to provide mechanics or
materialmens lien coverage.
NOTE: If the Company conducts the owners' closing under
circumstances where it is responsible for.the recording or
filing of legal documents from said transaction, the Company
will be deemed to have provided "Gap Coverage",
Pursuant to Senate Bill 91-14 (CRS 10-11-122);
{a) The Subject Real Property may be located in a Special Taxing
District;
(b) A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained form the County treasurer of the County
Treasurer's Authorized Agent;
(c) Information regarding Special Districts and the boundaries of
such districts may be obtained from the Board of County
Commissioners, the County Clerk and Recorder, or the County
Assessor.
NOTE: A tax Certificate will be ordered from the County
Treasurer by the Company and the costs thereof charged to
the proposed insured unless written instruction to the
contrary are received by the company prior to the issuance of
the Title Policy anticipated by this Commitment.
This commitment is invalid unless Schedule B-Section 2
the Insuring Provisions and Schedules Commitment No. PCT10050
A and B are attached.
?"' ~ EXHIBIT 4
ISIS L.L.C.
JUly 21, 1995
MS. Leslie Luont and
Ms. ~y ~idon
Aspen CoMmunity Development Department
130 S, Galena St.
Aspen, Colorado 81611
Dear Leslie and ~y=
This letter authorizes sonny Vann & Associates and charles
cunniffe, ~chitects, to represent "us" in the processing of such
applicatlons as may be required to obtain approval for the
redevelopment of the Isis property.
os si cere~
As Manager of ISIS L.L.C.
305 S. Galena St., Aspen, Colorado 81611 '(970)925-8664
EXHIBIT 5
ASPEN/PITKIN
":' ' .COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and//~/~, ~
(hereinafter APPLICANT) AGREE AS FOLLOWS: .
1. APPLICANT has submitted to CITY an application for
(hereifiafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 68 (Series of 1994) establishes a fee structure for Planning 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 to allow APPLICANT
to make payment of an initial deposit and to thereafter permit additional costs to
be billed to APPLICANT on a monthly basis. 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 approval, 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 applica 'on ,,--.
completeness, PLICANT shall pay an initial deposit in the amount of $~'~
which is for ~ours of Planning staff time, and if actual recorded costs exceed
the initial deposit, APPLICANT shall pay additional monthly billings to CITY to
reimburse the CITY for th~ processing of the application mentioned above,
including post approval review. 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.
B '."---. By:
:!ausbn
Community Development DirectorDate:
Mailing Address:
2
EXHIBIT 6
6295.16 F,A.R.
Net Leasable commercial 5268 s.f. ~_~
Storage 384 s.f.
F.A.R. 6,295 s.f. mere II
0 2 6 16 (~
Net Leasable F.A.R.
Main Level 5268 s.f. 6295 s.f,
Upper Level 499 s.f. 1750 s.f.
Grand Total 5767 s.f. 8045 s.f.
.7
1750 s.f+ F.A.R.
Net Leasable commercial 499 s.f. ~ ' ~'~..
Uving area 753 s.f. ~
Storage 106 s.f.
F.A.R. 1,750 s.f.I III
0 2 6 16 {~
,,.,, ., EXHIBIT
(303) 925-6727 sc,~u;s~ ~ P.O. Box 2155
FAX (303) 925-4157 CO~OON~W~
Aspen, CO 81612
October 9, 1995
Mr. Sunny Vann
VANN ASSOCIATES INC.
230 East Hopkins Ave.
Aspen, CO. 81 611
RE: Isis Theatre Property Exoansion and Renovation, Growth ManaQement Exemption
APPlication EnQineerincl Report
Dear Sunny:
This letter comprises an engineering report for relevant aspects of the Isis Theatre Building
Expansion and Renovation project Growth Management Exemption Application to the City of
Aspen. My remarks are based on our discussions of the project, conversations with
representatives of the primary utilities and inspections of the site.
Introduction
The Isis Theatre property is located at 406 East Hopkins Avenue on Lots L, M and N of Block 87
of the Original Aspen Townsite. The site currently includes a commercial theater structure and
an owner-occupied residential apartment. The application is for growth management exemption
approval of the renovation and expansion of the existing building to house approximately 6,400
additional square feet of net leasable commercial space in the Commercial Core (CC) zone
district. The renovation and expansion will accommodate four (4) new theaters as well as
approximately 4,020 square feet of residential use including two three-bedroom affordable
housing units and one three-bedroom free market unit.
Utilities and Infrastructure
With regard to the infrastructure requirements of the proposed expansion and renovation, I offer
the following comments:
1. Water supply and fire protection Based on my discussion with City of Aspen Water
Department Director Phil Overeynder, the site is currently served by a 6 inch diameter cast
iron main in the East Hopkins Avenue right-of-way. The existing service to the building
is likely an older galvanized steel line and, given the extent of the renovation and
expansion, would probably need to be replaced in its entirety out to the main. In
addition, given the age of the current service, it is unlikely that any credit would be
available for previously paid tap fees.
The City water system has sufficient capacity to serve the expansion of the isis structure
and provision of water service would not pose any special problems from a technical
standpoint. As a site within the City, service would be subject only to payment of
appropriate tap and connection fees for the capacity required by the new structure
1001 Grand Ave., Suite 2E · Glenwood Springs, Colorado ° (303) 945-1004
October 9, 1995
Mr. Sunny Vann
Page 2
including renovated and expansion space.
With regard to fire protection, there is an existing fire hydrant (#773) on the southeast
corner of Block 87, approximately 120 feet from the Isis property. In addition, the main
fire station of the Aspen Volunteer Fire Department is immediately adjacent to the site.
Due to the occupancy associated with the theater uses, and under recent ordinance of
the City of Aspen, the Isis Theatre would be required to have internal sprinklers installed
as well.
2. Sanitary sewer Based on my discussion of the project with Aspen Consolidated
Sanitation District (ACSD) System Superintendent Tom Bracewell, it appears that the
existing structure is connected to an existing 8 inch diameter vitrified clay sanitary sewer
main in the alley to the north of the site. Again, given the extent of the proposed
renovation and expansion, it is likely that an entirely new service line will be required to
the main in the alley. The sanitary sewer main in the alley of Block 87 is connected to
the 20 inch diameter trunk line in Galena Street. The ACSD intends to perform several
significant upgrades to the Galena trunk at some point in the near future and will require
payment of a tap fee surcharge, likely in the range of $720.00 per EQR, for connection
of the expanded and renovated Isis.
The ACSD also has sufficient capacity to serve the proposed expansion of the Isis
Theatre building and would provide service, once again, subject to payment of
appropriate tap fees, tap fee surcharges and connection charges associated with the
capacity requirements of the expansion.
3. Miscellaneous Utilities:
a. Electric Primary electric service is available from the alley north of the site. There
is an existing electric service transformer located just off the Isis property south
of the alley and west of the current theater. The renovation and expansion project
will undoubtedly require an upgraded electric service. This additional service may
be feasible by upgrading the existing transformer to the northwest or may require
placement of a new transformer within the proposed trash/utility space along the
alley north of the new expansion structure. The proposed trash/utility area, at 10
feet by 20 feet, should be adequate to accommodate a new transformer, should
one be necessary, as well as the other utility pedestals and trash facilities. The
City of Aspen Electric Department will require load information from the
mechanical system designers to determine specific service configuration
requirements.
b. Telephone Phone service is also available within the alley to the north of the site.
A new phone pedestal in the trash/utility area would be required to serve the site
and to replace the pedestal currently located in the area of the new construction.
c, Cable TV Also available from the alley, same general requirements as the phone
service.
SCHMUESER GORDON MEYER, INC.
October 9, 1995
Mr, Sunny Vann
Page 3
d. Gas Gas is also available from the alley and is currently servicing the existing
building, A new service line and relocation of the meter would be required by the
proposed renovation/expansion.
4, Public transDortation/roads The Isis Theatre site is located on East Hopkins Avenue near
the intersection with South Mill Street. Due to the predominantly late evening nature of
the theater uses, I would not anticipate that traffic associated with the expanded theaters
would represent a significant conflict with peak hour traffic in the immediate area which
tends to be work-day oriented in the morning and late afternoon timeframes, The site is
also about 11/2 blocks from the Rio Grande parking structure, The Galena Street shuttle
van provides frequent service between the cul-de-sac adjacent to the parking garage and
the Rubey Park transit center down Galena Street at the east end of the block. The site
is also just 30 feet from the bus routes that serve Mill Street. The Isis Theatre site is very
well served by available transit.
Streets adjacent to the Isis Theatre site are in generally good condition including the alley
of Block 87. Some on-street public parking remains available, particularly on Hopkins
Avenue, and will not be reduced as a result of the Isis Theatre commercial/residential
expansion. Given the location of the property within the Commercial Core, much of the
anticipated increase in business traffic will likely be pedestrian oriented.
5. Storm Drainaqe Minimal changes to the current impervious surfaces of the site will occur
as a result of the Isis Theatre expansion, The additional building footprint will be located
above areas that are currently paved or comprise packed gravels and the net impact of
site changes is minimal. A drywell will be located beneath the open space "plaza" in the
southeast corner of the site to accommodate any additional runoff volume as a result of
the expansion construction. Historic drainage patterns will be unaffected as a result of
this project and the City of Aspen's drainage facilities will not be impacted additionally.
I hope these comments will be sufficient for the Growth Management Exemption application for
the Isis Theatre building. Please feel free to contact me if I may provide further information or
detail,
Very truly yours,
SCHMUESER GORDON MEYER INC.
ammond, P.E.
Principal, Aspen Office
JH/jh 95119ER
SCHMUESER GORDON MEYER, INC.
TO: Mayor and City Council
Margerum, City Manager ' ,~
THRU: Amy .?r..~
THRU: Stan Clauson, Community Development Directo
FROM: Dave ,Michaelson, Planner
DATE: December 18, 1995
RE: his Theater - Growth M3n2gement Exemption for Affordable Housing,
First Reading, Ordinance #. , Series of 1995
SU~h'MARY~: The isis Theater is currently undogoing a series of approvals to allow for
remodel anc~ expansion of the Isis Theater. the development of two (2) three (3) bedroom
affordable hc;~sing units and a free market dwelling unit on a new upper floor to be added ~o the
building. ~_on 8-1 1 1.J. (Affordable Housing) requires that the Joint Growth Management
Commissior~ Frovide a recommendation to the City Council approving the method by which the
applicant p ses to p;ov,de afordahie o sing. On D ember , 199 ,the,o,nt ; (S
Managemere: Commission recommended approval of the AtTordabIe Housing Units to,.,
Staff is recc~m~ending approval of these units, based on approval by the Housing Of-rice and
Conceptual A,~roval by HPC.
PROCESS: Procedurally, the applicant's have requested the following required approvals:
1) Pursm~,.t to Section 8-204 B.c.. the PTanning Commission may ~rant a GMQS Exemption
for the enla~'ement of a historic landmark TO be used for commercial and residential purposes
which increa~..s both the building' s existing floor area and l~s net leasable square fooTage. The
Planning C,.~,ission shall make a recemrm~dation regarding historic Iandmark designation to
Council.
3) ~t to Section 5-209. D.6, the applicant requested special review by the Planning
Commissio~ m reduce the dimensions of the mquirec[ trash and utility service area.
4) Put'~r~nt to Section 7~--404.A-3., the applicant requested special review to reduce the
minimum c~gem space requirement in the CC zone dis~,ct.
On December 5, i995, the planning Colon recommended approval with conditions of nil
four of the above requests. 'lie Ci~J Co~ is only required to approve Historic Landmark
designation and the GMQS ez~rnption for ~ AH units, based on the recommendation of the
Joint Growth Management Commission.
APPLICANT: Isis LLC., retEsenmd by S~y Vann
LOCATION/ZONING: Lots. L, M and N, ~Block gT, City, and Townsite of A.spen. The entire
propert~ is zoned CC (Comme~al Core). ~6xisting his building is located on lots L and M,
and a small attached shed is loaned on Lot ~ The remainder of Lot N is vacant and is used for
storage and parking. The thre~ lots have m~--~:d pursuant to Section 7-1004A.5 and are located
within the City 's Commercial Core Historic (~n'lay District.
REQUEST: The applicants intend to pro,i,~ie two (2) three-bedroom affordable units, deed
res~cted to Category 2 income and occup~.cy ~idelines. Each unit is approximately 1,060
square feet, and have private entrances and ~g'~ess to a patio. Although Category 3 units are
required, Category 2 were aptxoved by the t:F~msing Office in negotiation with HPC to allow a
reduction in mass consistent ~ HPC recom~endations. The units are placed on the rooftop of
the his, adjacent to a single free market ~mit. The free market unit replaces an existing
manager' s quarters, and is not subject to the me~/uirements of GMQS. A site plan and elevations
of the proposed affordable artits are attacSes~..as Exhibit A, and the application is attached as
Exhibit B.
Referral Comments: Complete referral memos are attached as Exhibit C.
Housing: The Housing Office has approvecf tJ~e employment assumptions and the deed restricted
Category 2 units.
HPC: KPC has reviewed the project five times since July of 1995, and has granted conceptual
approval. Amy Amidon's November 22, 19~ memo is attached, and goes into detail regarding
the visual impacts of the AH units placed on t~.~e roof. Based on the November 8, 1995 minutes
atmcbed to Amy's memo, the All units were ~ as problematic, and signfficunt discussion took
place regarding the potential of buying do~=existing units. This would leave only the free
market unit, which could be trashed complel~ty:back from the front facade to lessen the roof ~:op
impact of the current proposal. Staff notes ~ keeping the units on-site is the only method for
requesting an FAR bonus, and that lilaC in fame!granted conceptual approval. A complete set of
minutes from all of the HPC Irarings axe a~d as Exhibit D.
Conceptual approval by t-IK, ptwmant to Jetion 7-601.D. I-4, is based on the following
standards:
· ,--~-~- ~ ~.:.'
:f'~ '~ ~he proposed development is compa~le in character with designated historic structures
located on the parcel and. Wi~h devetopment i~adjacent parcels when the subject parcel is in H.
Historic Overlay District: and
2) The proposed development re~ee~ and is consistent ~vith the character of ~e
neighborhood of the parcel proposed for dev~,,letanent; and
3) The proposed development emmarites or does not detract from the cultural value of
designated historic su'ucmres located omehe parcel proposed for development or adjacent parcels;
and
4) The proposed development emhances or does not diminish or detract from the
architectural integrity of a desi~ated kimmric structure or pan thereof.
PLANNING STAFF COMMENTS:
The applicable review c~teri~ and the ~posed development's compliance are summarized as
follows:
a) "Whether the Ci[-] has ~m~ ~dopted plan to develop affordable housing with
monies from pa~nent of affordable Ile~tsing dedication fees."
Response: The City has had ~ afterdammed'housing program ~n place for some time.
b) "Whether the Ci~ has. ~ ~opted plan identifying the applicunt's site as being
appropriate for affordable housing."
Response: The City has not precisely i~ify the Isis as a site for affordable housing, due m the
uncertainty regarding the redevelopmerff~ ,of the [sis. Based on other provisions of the Code, the
expansion of commerc!M and retail uses~ ~e encouraged to integrate employee mitigation on-site.
In addition, the Code ailows the exp~ of Historic Landmarks beyond the allowed F?d~ if
60% of the additional square feetage is c~sed for affordable housing. Almost 95% of the "bonus"
FAR is associated with these units. ~.~dthough HPC had significant concerns regarding the
mussing on the roof, conceptual approwgt has been ~anted (see HPC referral comments and the
criteria summarized above).
c) "Whether the appticant's ~ is well suited for the development of affordable
housing, taking into aeeo~t the ~ffnilability of services, proximity. to employment
opportunities and transit oppormnitises .and whether the site is affected by environmental
constraints to development or historicpreservation concerns."
Response: The proposed affordable unim 'are located in the commemiai core, in close proximity
to employment and available transit_ There are no significant environmental constraints
associated with the project. l'lte proje=:~: has undergone significant revisions to address visual
impacts, including the reduction of ~ble units and design modifications to limit their visual
impacts. The project will not encroach ~m the Main Street Viewplane.
d) "Whether the .tl~hod p.~mls~sed. ~ili result in employee hoasing,beiqg prod~l~e~ :_:~ -*.
prior to or at the time 'ii~ imi~ of th~ develol~ment '~ili b~ ~.qp~¢ilcdii bi~./iho ,':
community," . . . ~': ;., I. i ' 7~. '..'r.'2
.... ~. :. ., -.;, .:~ '."~'. ~ .
. Response: The proposed a~-dal;le tmim will be constmcted'i~ ;conj'un"'~tiod with the associated
· ' i,~ ? ';,:'renbvation!'o?'the theai..~::",': ~ ' "' ;; ' ~' . · .
· - . V.: ';' ~ :; ':: ):"" :"" ..... ,.,-..; '- '.' 4.'ti 7.~ ;' :12:,'~f...
e) "Whether the developnaomi:itself ~equi~s'~lhe"pro~s~oh ~f>.affordable housing
on-site to meets its service m~'ds," . :.-".,2.,' -::
.: · ...,,,..
· ~ .'- "': ~, .~ :.-*.: .-; .- ~L. ~7::A,',;.' ,r:' ~;",
..... ' ' '
Response: Theapplicant fully- ~tends on housing theater employees on-site.
Joint Growth Management: Commission Recommendation: On December 5, 1995, the
Growth Manag=ment Commimsion forwarded a positive recommendation to the City Council,
based on the stamdards descrilx~t above.
Options Open ~ the Counc~: Consistent with the requirements of Section 8-1 1 1J.v., If the
Council does mt approve the agthod by which the applicant proposes to provide affordable
housing, the apglicant shall be ~vided with the direction as to which other method or methods
would be preferable. These aglions could conceivably include integrating tile traits within the
structure, localling: the All units;off-site, or paying the required cash-in-lieu.
RECOMMENlgED MOTIOta:
"I move to R,~,t/~Ordinance · , Series of 1995, approving the proposed AFi units on
the roof-top ofllie Isis Theater."
"I move to Al~grove Ordimamm # , Series of 1995, on First Reading approving the
proposed Ai-I mars on the road-top of the Isis Theater."
Exhibits:
E:chibit A - Site~an and Elewaai~ns for the affordable units
Exhibit B - Aplfgation
Exhibit C - Refmal Commen~
Exhibit D - ~PCMinutes
Exhibit E - Ordi~nce # , Sis of 1995
MEMORANDUM
TO: Aspen Planning and Zoning Commiss' n
Leslie Lamont Deputy Diree
FROM: Dave MiehaelL'~n, Planner
DATE: December 5, 1995
RE: Isis Theater - GMQS Exemption, Spedal Review to exceed maximum
FAR in the CC District and Reduction of Minimum Open Space and
Utility Service Area Requirements
SUMMARY: The applicant is requesting several approvals to allow for remodel and
expansion of the Isis Theater, the development of two (2), three (3) bedroom affordable housing
units and a free market dwelling unit on a new upper floor to be added to the building. Based on
HPC review, the most significant issue remains the massing of the affordable units on the
rooftop. HPC specifically requested that the applicant consider buying down existing off-site
housing, or integrate the affordable units inside the principal structure. If the Commission is
satisfied with the project, staff has also recommended a series of conditions.
APPLICANT: Isis LLC., represented by Sunny Vann
LOCATION/ZONING: Lots L, M and N, Block 87, City and Townsite of Aspen. The entire
property is zoned CC (Commercial Core). The existing Isis building is located on lots L and M,
and a small attached shed is located on Lot N. The remainder of Lot N is vacant and is used for
storage and parking. The three lots have merged pursuant to Section 7-I004A.5 and are located
within the City's Commercial Core Historic Overlay District.
REQUEST: The applicant's propose to historically designate the Isis Theater property and to
remodel and expand the existing building to include three (3) additional movie theaters. In
addition, the applicant's propose to develop two (2), three (3) bedroom affordable housing units
and a free-market unit on the roof of the existing structure. The affordable housing units are
required to mitigate the projeet's GMQS impacts while the replacement free market unit is
necessary to offset the cost of the renovation. The application, site plan, and elevations are
attached as Exhibit A.
The following table summarizes the development data for the existing structure and proposed
renovation:
Development Standard Existing Proposed
Existing Floor Area 8,045 s.f. 16,303 s.f.
Commercial Net Leasable 5,767 s.f. 11,216 s.f.
Height 27.5 ft 35.5 ft
Allowable Internal FAR 1.5: 1 1.8: 1
As indicated on the attached bluelines, the existing structure would be expanded onto the lot
adjacent to the fire station. The expansion will permit the addition of two (2) theaters, a
concession area and entry lobby on the first floor. Two (2) smaller theaters, public rest rooms
and storage/mechanical are proposed in new basement excavated beneath the existing building.
Total seating would be approximately 880 seats, compared to the existing capacity of
approximately 380 seats with a single theater.
The Hopkin's Street facade and west wall will be preserved in their entirety. The front facade
will be restored to its original configuration, necessitating the removal of the existing wood
siding and shingle roof marquee. The majority of the east wall will be demolished, along with
the alley wall, Existing bricks will be saved and utilized in the restoration of the remainder of
the building.
PROCESS: Procedurally, the applicant's are requesting the following required approvals:
1) Pursuant to Section 8-204 B.c., the Commission may ~ant a GMQS Exemption for the
enlargement of a historic landmark to be used for commercial and residential purposes which
increases both the building's existing floor area and its net leasable square footage. The
Commission shall make a recommendation regarding historic landmark designation to Council
2) Pursuant to Section 5-209.D. 11, the applicant is requesting special review to exceed the
allowable floor area of 1.5: 1 to 1.8: 1 in the CC zone district.
3) Pursuant to Section 5-209.D.6., the applicant is requesting special review to reduce the
dimensions of the required trash and utility service area.
4) Pursuant to Section 7-404.A.3., the applicant is requesting special review to reduce the
minimum open space requirement in the CC zone district.
The relationship between specific approval requests and the responsible decisionsmaking body
are summarized below:
Planning, and Zoning, Annrovals Growth Manaaement Commission COuncil
1) GMQS Exemption for Landmark 1) Approval of AH Units 1) Historic
2) Landmark Recommendation Landmark
3) Special Review 2) GMQS (AID
- Parking Reduction
- Open Space Reduction
- Bonus FAR
2
Referral Comments: Complete referral memos are attached as Exhibit B.
Engineering: Engineering suggested that the waiving of the cash-in-lieu for parking may not be
applicable because sufficient room exists on-site for I 1 parking spaces. This assumption is based
on the available area between the existing building and the fire station, and is not applicable to
the proposed project.. Traffic is likely to increase, and some form of traffic mitigation should be
required. In addition, heated sidewalks should be considered consistent with past policy
diseussious for the CC core.
Housing: The Housing Office has approved the employment assumptions and the deed restricted
Category 2 units, and requested a condition of approval requiring an audit of employee levels.
HPC: HPC has reviewed the project five times since July of 1995, and has granted conceptual
approval. Amy Amidon's November 22, 1995 memo is attached, and goes into detail regarding
the visual impacts of the AH units placed on the roof. Based on the November 8, 1995 minutes
attached to Amy's memo, the AH units were seen as problematic, and significant discussion took
place regarding the potential of buying down existing units. This would leave only the free
market unit, which could be pushed completely back from the front facade to lessen the roof top
impact of the current proposal. Staff notes that keeping the units on-site is the only method for
requesting an FAR bonus. A more practical alternative may be to integrate the AH unks within
the proposed structure. At the request of a P and Z Commissioner, minutes from all five
meetings before HPC is attached as Exhibit C.
PLANNING STAFF COMMENTS:
Each of these approval requests are summarized below for compliance with code requirements.
1. GMOS Exemption For Enlargement of An Historic Landmark
The applicable review criteria and the proposed developments compliance are summarized as
follows:
a) "For enlargement at the maximum floor area permitted under the external floor
area ratio for the applicable zone district (excluding any bonus floor area permitted by
Special Review), the applicant shall provide affordable housing at one hundred (100)
percent of the level which would meet the threshold required in Section 8-206E.3. for the
applicable use. For each one (1) percent reduction in floor area below the maximum
permitted under the external floor area ratio for the applicable zone district (excluding any
bonus floor area permitted by special review), the affordable housing requirement shall be
reduced by one (1) percent.
The applicant shall place a restriction on the property, to the satisfaction of the city
attorney, requiring that if, in the future, additional floor area is requested, the owner shall
provide affordable housing impact mitigation at the then current standards.
Any affordable housing provided by the applicant shall be restricted to the housing
designee's Category 3 price and income guidelines as set forth in the Affordable Housing
Guidelines established by the Aspen/Pltkin County Housing Authority."
Response: The proposed expansion will exceed the 1.5:1 FAR allowed in the CC district, and
the applicant must provide 100% of the affordable housing pursuant to GMQS regulations.
Based on current regulations, the applicant's would be required to house approximately 11
employees. 1
The applicant, based on staffing requirements for the existing Movieland Theater in E1 Jebel, is
requesting that the requirement be reduced to five (5) employees. This reduction has been
approved by the Housing Office (see housing referral).
The applicants intend to provide two (2) three bedroom affordable units, deed restricted to
Category 2 income and occupancy guidelines. Although Category 3 units are required, Category
2 units will allow a reduction in mass consistent with HPC recommendations, and the Housing
Office is in support of the Category 2 units.
b) "Parking shall be provided according to the standards of Article 5, Division
2 and Division 3, if HPC determines that it can be provided on the site's surface and is
consistent with the review standards of Article 7, Division 6. Any parking which cannot be
located on-site and which would therefore be required to be provided via a cash-in-lieu
shall be waived."
Response: The minutes of the HPC meeting of August 9, 1995 indicate that the motion to
recommend landmark designation included the waiving of parking standards. The property is
located within the central core, and has historically been accessed by pedestrians. HPC approval
included the determination that no parking was required on-site. Therefore, the cash-in-lieu has
been waived. Engineering has concerns regarding the waiver, in light of the elimination of the
existing parking area located between the Fire Station and the Isis. Although sufficient area may
exist for eleven (11) cars, it has not been used for patron parking. In fact, the geometrics of the
site only allow three (3) cars to be parked on-site.
c) "The development's water supply, sewage disposal, drainage control,
transportation and fire protection impacts shall be mitigated to the satisfaction of the
Commission."
Response: Both the project's applicant and the City Engineer have concurred that all necessary
utilities are located on site. A drywell will be located beneath the entry plaza on the southeast
comer of the property.
d) "The ' ~' ' sign with surrounding projects and it
approp.ateness for
demonstrated, including but not limited to
consideration of the quality and character of proposed landscaping and open space, the
amount of site coverage by buildings, any arechilies provided for users and residents of the
site, and the efficiency and effectiveness of the service delivery area."
Response: There are several design components that are consistent with this portion of the code,
including the following:
~'Proposed Net Leasable - Existing Net Leasable = Additional Net Leasable
11,216 s.f . - 5, 767 s.f . = 5,449 s.f. 5,449 s.f ./ l O00 s.fi = 5.45
5.45 x 3.5 Emp/lO00 = 19.08 19.08 Emp x O. 60 = l l.45 Employees
1. The exterior renovations are clearly compatible with the historic integrity of the site;
2. An enclosed lobby will no longer require pedestrians to have tO queue up on the
sidewalk;
3. The proposed trash and utility service area will be covered and located at-grade, and the
existing theater's utility meters and pedestals will be relocated.
4. The proposed courtyard area is an appropriate use of open space and a compliment to the
existing streetscape.
The use of the upper story for employee housing is more problemtic. As demonstrated by the
attached HPC comments, the provision of dwelling units on the upper story will have an impact ""~
on adjacent properties, particular from the northwest and northeast comers of Mill
Street/Hopkins Avenue (Eddie Bauer and the Kandycom Building). HPC and Amy Amidon have
both recommended further study regarding the rooftop elements. ~"
2. Special Review for FAR, Trash and Utility Area, and Open Space
a. FAR. The maximum allowable floor area in the CC zone district is 1.5:1, and may be
increased to 2:1 by the Commission, provided that a minimum of sixty (60) percent of the
additional floor area is approved for affordable housing purposes. The proposed FAR is
approximately 1.8:1. The square footage above 1.5:1 is approximately 2,763 s.f. The affordable
units are approximately 2,610 s.f., or 94% of the additional square footage above 1.5: 1.
b. Trash and Utility Area. A minimum trash and utility area of twenty (20) feet by
(10) feet is required for up to six thousand (6,000) square feet of net leasable area. An additional
one (1) foot of length is required for each additional 1,200 square feet of net leasable. The
expanded building will contain approximately 11,216 s.f., requiring a utility service area of
approximately 24 feet tong. The applicant is proposing a service area of 20 feet by 10 feet, with
a two cubic yard dumpster, covered and enclosed by three sides, with a concrete floor. Based on
the relatively lower trash generation when compared to other commercial uses, staff has no issue
with the requested reduction.
c. Open Space. The Commission may grant a reduction in the required open space in
the CC district if it determines that the prc~vision will be consistent with the character of
surrounding land uses. The minimum required open space is approximately 2,255 s.f. Proposed
open space is approximately 540 s.f.
The majority of all structures in this area of the historic district abut the property line, as is
typical in traditional streetfronts. Staff concurs with the applicant that the provision of less than
required open space is consistent with the character of surrounding land uses, and with the
desire to create a strong "building edge" along the streetscape. The applicant has agreed to pay
cash-in-lieu as provided for in Section 7-403.A.3. The amount required will be determined and
paid prior to the issuance of a building permit for the proposed expansion.
RECOMMENDATION: Staff concurs with the applicant that the project has merit in the
following aspects:
1. Significant streetscape improvements and renovation are consistent with the long-
term goal of preserving historic structures.
2. The retention of cinema uses in the central core is an amenity to both residents and
visitors in the area.
3. The provision of on-site employee housing is clearly preferred by the Housing Office.
4. The project has improved significantly since it was initially presented to HPC.
I-IPC and Amy Amidon have both recommended that the applicant study the integration of the
AH units within the structure itself, thereby leaving only the free market unit in the rooftop,
while at the same time granting conceptual approval. The integration of the units would allow a
dramatic reduction in massing, and allow the free market unit to be pushed to the rear of the
building, significantly reducing visual impacts of the proposed project. Consistent with
representations made at the November 8, 1995 HPC meeting, the applicant has indicated that
they "would be happy to explore the employee housing off site and have the free market occupy
that space." It would appear appropriate that the Commission ask the applicant to describe these
efforts prior to any approval.
If the Commission feels comfortable with the project, staff would suggest the following
conditions of approval:
1. All representations made in the application or by the applicant at the Planning and
Zoning Commission meeting shall be adhered to during development.
2. The final development plans shall include a drainage plan prepared by a registered
engineer that provides for no more than historic flows to leave the site as described in
Section 24-7-1004. C. 4. of the Municipal Code. No drainage shall be allowed to enter
th3.~pP.~: alley.
or to issuance of a certificate of occupancy. .
4. The building permit application shall include a site improvement survey. A note shall be
provided on the survey that "alleasements ofrecordas indicated in Title Policy No.( ),
dated ( ), have been shown hereon."
5. Any proposed landscaping shall be shown on the final development plan in the building
permit application. The landscape design shall be approved by the Parks Department
and must meet sfreetscape guidelines.
6. The applicant shall agree to join any improvement district formed for the purpose of
constructing improvements in the public right-of-way.
7. The applicant shall consult city dngineering (920-5088) for design considerations of
development within the public right-of-way, parks department (920-5120) for vegetation
species, and shall obtain permits for any work or development, including landscaping,
with public rights-of-way from the City Streets Department (920-5130).
8. The applicant shall be responsible for providing an audit of employees two years after
the issuance of a C.O. verifying the employee assumptions contained in the application.
This audit must be done via an independent report supplied by the applicant and
reviewed by the Housing Office for accuracy. If the audit detennines that employment
has exceeded five FTE's, the applicant shall be required to mitigate any additional
employees according to the Guidelines in affect at that time. In addition, the approved
employee calculation of five (5) employees is only applicable to the Isis project, and any
other future uses will require a m-evaluation for mitigation purposes.
9. Prior to the issuance of building permits for the free market and two affordable units,
deed restrictions shall be filed for approval and review by the Housing Office, consistent
with representations within the application.
10. Prior to the issuance of a building permit, the applicant shall pay the applicable cash-in-
lieu for open space, consistent with the requirements of Section 7-403.A.3.
RECOMMENDED MOTION: "I move to approve a GMQS Exemption, Special Review to
exceed the allowable FAR in the CC Zone District, a Reduction of Minimum Open Space
and Utility Service Area Requirements for the Isis Theater, with conditions contained in
the Staff Memorandum."
TE TIV MOT : "I ve to le th ropos to allow the applicant to further
· ' ' pl ousing ~vithin the structure,
Attachments:
E.xhibit A - Application, Site Plan and Elevations
Exhibit B - Referrals
Exhibit C - Minutes from HPC Meetings
7
MEMORANDUM
To: Dave Michaelson, Planning Office
From: Chuck Roth, Engineering Department ~.~'J~
Date: November 27, 1995
Re: Isis Theater GMQS Exemption & Special Review
(406 East Hopkins Avenue; Lots L, M, and N, Block 87, Original Aspen Townsite; Parcel ID No.
2737-182-85-001)
Having reviewed the above referenced application, the Engineering Department has the following
comments:
1. Parking -. It is unclear that the parking cash-in-lieu requirements should be waived. The
application does not include a site improvement survey or an existing conditions map, however
there is currently sufficient space on site for 11 or more parking spaces. The application proposes
development which would remove the existing, usable parking area. Therefore it does not appear
reasonable to waive the cash-in-tie payment for 11 spaces.
2. Traffic - The application does not discuss traffic impacts. Presumably, the new development
will provide for increased business activity and therefore result in increased traffic. Potential traffic
impacts could be considered with the cash-in-lieu for parking. Also, the applicant should be
required to participate in traffic mitigation programs such as valet parking.
3. D31hlag_e - The application makes reference to providing a drywell. It should be a condition of
approval that the building permit application, or the final development plans, include a drainage
plan prepared by a registered engineer that provides for no more than historic flows to leave the site
as described in Section 24-7-1004.C.4.f of the City Code. In particular, no drainage may enter the
alley.
4. Sidewalk, Curb and Gutter - Due to snow conditions, it was not possible to examine
completely the condition of the existing sidewalk, curb and gutter. These appeared to be in
satisfactory condition. It should be a condition of approval that if repair work is needed, it must be
performed prior to issuance of a certificate of occupancy.
On previous occasions, staff has discussed the possibility of requiring snow melted
sidewalks for new construction in the commercial core. This condition may be considered by the
reviewing agencies.
5. Encroachments - The application did not include a site survey which would have identified any
encroachments into public rights-of-way. If there are encroachments, they should be removed if
feasible or licensed if not feasible.
6. Trash and Utility Service Area - The Engineering Department has no objections to granting a
reduction in the size.
If a new transformer is required, an easement must be provided to the City that meets the
requirements of the City Electric Department.
7. Utilities - It is a standard condition of approval for many developments that any new surface
utility needs for pedestals or other equipment must be installed on an easement provided by the
applicant and not in the public right-of-way. For some developments, it is required to relocate
existing pedestals that serve the site out of the right-of-way and onto private property.
8. Site Improvement Survey - The building permit application must include a site improvement
survey. A note must be provided on the survey that '~all easements of record as indicated on Title
Policy No. , dated , have been shown hereon."
9. Landscaping in Public Right-of-way - The application discusses the proposal of planting street
trees. This should be shown on the final development plan in the building permit application. The
design must be approved by the Parks Department and must meet streetscape g-uidelines.
10. Improvement Districts - The application does not discuss if the dwelling units are intended for
sale or rental. If condominiumization and subdivision are contemplated for this project, then it is
appropriate to require the applicant to agree to join any improvements districts formed for the
purpose of constructing improvements in the adjacent public rights-of-way. Perhaps it is
appropriate that this be a condition of approval whether or not condominiumization is
contemplated.
11. Work in the Public Right-of-way - Given the continuous problems of unapproved work and
development in public rights-of-way adjacent to private property, we advise the applicant as
follows:
The applicant shall consult city engineering (920-5088) for design considerations of
development within public rights-of-way, parks department (920-5120) for
vegetation species, and shall obtain permits for any work or development, including
landscaping, within public rights-of-way from city streets department (920-5130).
ce: Stan Clauson, Community Development Director
Bill Earley, Electric Superintendent
Sunny Vann, Vann Associates
M95.220
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5090 FAX (970) 920-5439
MEMORANDUM
TO: City Engineer
Housing Director
Zoning Officer
HPC
FROM: Dave Michaelson, Planner
RE: Isis Theatre GMQS Exemption & Special Review
Parcel ID No. 2737-073-30-006
DATE: November 7, 1995
Attached for your review and comments is an application submitted by Isis, LLC.
Please retum your comments to me no later than November 22, 1995.
Thank you.
PUBLIC NOTICE
RE: ISIS TItEATRE GMQS EXEMPTION
NOTICE IS ItEREBY GIVEN that a public hearing will be held on Tuesday, December 5, 1995
at a meeting to begin at 4:00 p.m. before the Growth Management Commission, 2nd Floor Meeting
Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Isis LLC,
requesting approval for a growth management exemption-t~ expand the Isis Theatre. The property
is located at 408 E. Hopkins Ave.; Lots L, M and N, Block ~7, City and Townsite of Aspen. For
further information, contact Dave Michaelson at the Asper~itkin Community Development
Department, 130 S. Galena St., Aspen, CO 920-5100. /
s/Sara Garton, Chair
ASpen Planning and Zoning Commission
Published in the Aspen Times on November 18, 1995
City of Aspen Account "--
' ' cITY oF ASPEN ' ~L_~
PRE-APPLICATION CONFERENCE SUMMARY
APPLICANT'S REPRESENTATIVE:
REPRESENTATIVE ' S PHONE:
OWNER ' S NAME:
SUMMARY
~. Deecrzbe action/~ of development being zequested:
3.' Areas is'which Applicant has been requested to respond, types
of reports requested:
Policy Area/
Referral Aqent Comments
Water Dept. contact for tad fee requirements -
-
4. Review is: (P&Z Only) (CC Only) (~hen to~)
6o Number of copies of the application to be submitted:
7. What fee was applicant requested to
8. Payment form Attached for signature'~l~ (NO)
9. Anticipated date of submission:~
f~.pre_app
LETTER OF TRANSML ,~L
CHARLES CUNNIFFE ARCHITECTS L/~~
520 E. HYMAN, SUffE 301, ASPEN, CO 81611
970/925-5590 ARCHITECTURE
970/925*5590 FAX PLANNING
INTERIORS
TO: Dave Michaelson DATE: 11/29/95
COMPANY: City Planning
Community Development Dept, PROJECT: ISIS
ADDRESS: 130 S. Galena
Aspen, CO 81611 JOB NO.: 9521
RE: View Plane Information and Structural Information
WE ARE SENDING YOU: [] Attached [] Under separate cover via__ the following items:
[] Shop drawings [] Prints [] Computer Disc(s) [] Samples [] Specifications
[] Copy of Letter [] Change order []
DESCRIPTION:
THESE ARE TRANSMITTED as checked below:
[] For approval [] Approved as submitted [] Resubmit copies for approval
[] For your use [] Approved as noted [] Submit copies for distribution
[] As requested [] Returned for corrections [] Return corrected prints
[] For review & comment [] Prints returned after ~oan to us []
[] FOR BIDS DUE 19
REMARKS:.
Per your request, we are sending the view plane calculations for the ISIS project. Please contact me if
you require more information.
Sincerely
JEROME VIEWPLANE
\
· / _
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\~ ~r~',~ :iL .2~ ' .,'~*/
:4~;~ ISIS SITE
~mmmmmmmmm~ ~ ---I--!--I 5---I
0 25 50, 100 200
AUGUST 1,1995
CHARLES CUNNIFFE ARCHITECTS
ISIS RENOVATION
ASPEN/P..~N COMMUNITY DEVELOPME~, ~)EPARTMENT
130 S. Galena Street
· Aspen, Colorado 81611
(970) 920-5090 FAX# (970) 920-5197
November 7, 1995
Sunny Vann
230 E. Hopkins Ave.
Aspen, CO 81611
Re: Isis Theatre GMQS Exemption & Special Review
Case A98-95
Dear Sunny,
The Planning Office has completed its preliminary review of the captioned application. We have
deten'nined that this application is complete.
We have scheduled this application for review on the following dates:
Growth Management Commission - Tuesday, December 5, 1995, 4:00 p.m. (public heating)
* Aspen Planning and Zoning Commission - Tuesday, December 5, 1995, 5:00 p.m.
· Aspen City Council, First Reading - Monday, December 18, 1995, 5:00 p.m.
· Aspen City Council, Second Reading and Public Hearing - January 8, 1996, 5:00 p.m.
Should these dates be inconvenient for you please contact me within 3 working days of the date of
this letter. After that the agenda dates will be considered final and changes to the schedule or
tabling of the application will only be allowed for unavoidable technical problems. The Friday
before the meeting dates, we will call to inform you that a copy of the memo pertaining to the
application is available at the Community Development Department.
Please note that it is your ~esponsibility to mai! notice to property owners within 300' and to post
the subject property with a sign at least ten (10) days prior to the public hearing before the Growth
Management Commission. Please submit aphotograph of the posted sign as preof of posting and
an affidavit as proof of mailing prior to the public hearing.
If you have any questions, please call Dave Michaelson, the planner assigned to your case, at 920,
5100.
Sincerely;
S zanne L. Wolff
Administrative Assistant
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Amy Amidon, HiSStic Preservation Officer
RE: 406 E. Hopkins, isis Theater- Landmark Designation
DATE: December 5, 19~S
SUMMARY: Staff a~d HPC recommend P&Z approve historic landmark
designation of 406 E Hopkins ~,~venue, the Isis Theater. The Isis, formally
known as the Webbar Block, yeas built in 1892. It was originally used for
commercial shops t~til approximately 1920, when it was converted to a theater
by the Women's Civic lmprove~nent League, for silent movies and minstrel
shows. The existing alterations ~o the front facade are believed to have been
made in the 1960's.
APPLICANT: Isis U_C, represented by Vann Associates and Charles Cunniffee
Architects.
LOCATION: 406 E. Hopkins .~venue, Lots L, M, and N, Block 87, City and
Townsite of Aspen.
PREVIOUS REVIEWS: HPC .recommended approval of landmark designation
7-0 on August 9, 1995.
I-ES~,ORIC LANDMARK
Section 7-702. Standards fo~designation. Any structure that meets two or
more of the followir~standard~Imay be designated "H," Historic Overlay District,
and/or Historic Landmark. It is ,~ot the intention of HPC to landmark insignificant
structures or sites. !tP.C will fGc~s on those which am unique or have some
special value to the mmmunit~
A. Historical Importance: ~ structure or site is a principal or secondary
structure or site co,,=,,only ideml~fied or associated with a person or event of
historical significance to the cr. etLral, social, or political history of Aspen, the
State of Colorado, at'the Uniter~States.
Response: The balding was,~uilt for Henry Webher, who was elected Mayor of
Aspen in 1888. Other buildin~s~ town are associated with Weber, who also
built the Elks buildire and PioB~eer Park.
B. Architectural Imporeance. The structure or site reflects an architectural
style that is unique, distimc:t or of traditional Aspen character, or the structure or
site emboc~s the distin~.~ishing characteristics of a significant or unique
architectural type (basecE~on building form or use), or specimen.
Response: The buildinG~ ~is a traditional Italianate commercial building with a
strong corri¢e line, brick corbeling, and brick and sandstone construction. Prior
· to alterations made in the ,1960's, there were storefronts at the first floor level.
C. Designer. The structure is a significant work of an architect or designer
whose indhidual work has:influenced the character of Aspen.
Response: The architeC~:s last name was Quayle, but no other information is
available.
D. Neighberhood Character. The structure or site is a significant component
of an historracaliy significamt neighborhood and the preservation of the structure or
site is important for the rr~aintenance of that neighborhood .character.
Response: The surrourm~ing neighborhood is a historic district and contains
many signirgant historic s~ructures and Aspen Landmarks. Two adjacent
buildings, the Collins Block and the Brand Building are listed on the National
Register of Historic Places.
E. Community Characids. The structure or site is critical to the preservation of
the character of the Aspe~ community because of its relationship in terms of
size, Iocatim and architectural similarity to other structures or sites of historical
or architec~ral importance.
Response: This building3 is the last 19th century commercial structure in
downtown Aspen which h~as not been rehabilitated. Restoration of the original
appearance of the structure would increase its contribution to the character of
the commemial core and ~ representation of architecture from Aspen's mining
era.
RECOMMENDATION: Staff and HPC recommend P&Z approve landmark
designatiortof 406 E. HG~31(ins Avenue, finding that standards B, D, and E are
met.
Exhibit A
VANN ASSOCIATES
Planning Consultants
October 12, 1995
HAND DELIVERED
Ms. Leslie Lainout
Aspen/Pitkin Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Isis Theatre Renovation and Expansion
Dear Leslie:
Please consider this letter an application for a growth management quota system
(GMQS) exemption and special review approval to renovate and expand the Isis
Theatre (see Exhibit 1, Pre-Application Conference Summay, attached hereto). The
application is submitted pursuant to Sections 8-204.B.l.c., 8-204.C.l.b., 7-404.A~ and
7-404.C. of the Aspen Land Use Regulations by Isis, LLC, the prospective purchaser of
the property (see Exhibit 2, Permission to Apply). The property is presently owned
by Dominic and Kathryn Linza (see Exhibit 3, Title Commitment). Permission for
Vann Associates to represent the Applicant and an executed application fee agree-
ment are attached as Exhibits 4 and 5, respectively.
Existing Conditions
As the accompanying improvement survey illustrates, the project site is legally
described as Lots L, M and N, Block 87, City and Townsite of Aspen. The property
contains approximately nine thousand and twenty-seven (9,027) square feet of lot
area and is zoned CC, Commercial Core. Man-made improvements to the property
are limited to the existing Isis Theatre building, which is located on Lots L and M,
and a small attached shed which is located on Lot N. The remainder of Lot N is
vacant and is used for storage and parking purposes. The three lots have merged
pursuant to Section 7-1004.A.5. of the Regulations and are located within the City's
Commercial Core Historic Overlay District.
The Isis Theatre, which is also known as the H. Webbet building, was constructed in
1892. The two (2) story brick building contains approximately eight thousand and
forty-five (8,045) square feet of floor area. The majority of the building's ground
floor and a portion of the second floor are occupied by the movie theatre. The
remainder of the ground floor was most recently occupied by a plumbing shop, while
230 East Hopkins Avenue · Aspen, Colorado 81611 · 970/925~6958 · Fax 970/920-9310
Ms. Leslie Lamont
October 12, 1995
Page 2
the remainder of the second floor is devoted to the Linza's two (2) bedroom apart-
ment.
The existing Isis Theatre building contains a total of five thousand seven hundred and
sixty-seven (5,767) square feet of existing net leasable commercial area (see Exhibit 6,
Existing Floor Plans). The owner's apartment contains approximately seven hundred
and fifty-three (753) square feet of net livable area. The remainder of the building is
devoted to bathrooms, stairways, circulation corridors, mechanical areas, and tenant
storage.
As the attached engineering report prepared by Jay W. Hammond, P.E., of Schmue-
ser Gordon Meyer, Inc., indicates (see Exhibit 7), the project site is presently served
by all major utilities. Water service to the existing building is provided via a six (6)
inch main which is located in the Hopkins Avenue right-of-way. Sanitary sewer
service is provided via an eight (8) inch main which is located in the adjacent alley.
Electric, telephone, cable TV and natural gas service is also presently available in the
alley.
Proposed Development
The Applicant's objective with respect to the Isis Theatre property is to preserve the
existing historic building and to continue its existing movie theatre use. To accom-
plish this objective, the Applicant proposes to historically designate the Isis Theatre
property and to remodel and expand the existing building to include three (3) addi-
tional movie theatres. As we have discussed, the present day economics of the movie
theatre business require multiple screens to successfully attract major motion picture
releases and to provide flexibility in movie scheduling.
In addition, the Applicant proposes to provide two (2), three (3) bedroom affordable
housing units and a free market dwelling unit on a new second floor which is to be
added to the existing building. The affordable housing units are required to mitigate
the project's GMQS impacts while the replacement free market unit is necessary to
help offset the cost of renovating the historic structure. Both the theatres and the
proposed dwelling units are uses permitted by right in the CC, Commercial Core,
zone district. The proposed theatre expansion and the free market dwelling unit are
exempt from the growth management quota system subject to the review and ap-
proval of the Planning and Zoning Commission. The proposed affordable housing
units are also exempt from the GMQS subject to review and approval by the City
Council.
It should be noted that conceptual development plan approval for the project, and a
recommendation that the Isis Theatre property be historically designated, were
obtained from the Historic Preservation Commission on August 23, 1995. The
Applicant, however, is continuing to work with the HPC to refine the project's
Ms. Leslie Lamont
October 12, 1995
Page 3
exterior elevations. Final HPC approval will be obtained following the receipt of the
requested GMQS exemptions and related approvals.
As the accompanying schematic architectural drawings illustrate, the existing structure
will be expanded onto the adjacent vacant lot. This expansion will permit the inclu-
sion of two (2) large theatres, an entry lobby and concession area on the building's
ground floor. Two (2) smaller theatres, public rest rooms, and the building's storage
and mechanical areas will be located in a new basement to be excavated beneath the
expanded building. The proposed variation in theatre size will allow the Applicant to
screen a wider variety of films, and to continue to accommodate the various local
civic events and organizations (e.g., Filmfest, Aspen Ski Club, etc.) which have histori-
cally utilized the Isis Theatre.
The Isis Theatre building's Hopkins Street facade and west wall will be preserved in
their entirety. The front facade's existing wood siding and the shingle roofed
marquee, however, will be removed, and the facade restored as nea~y as possible to
its original configuration. While a portion of the building's east wall will also be
retained, the majority of the wall will be demolished along with the building's alley
wall to accommodate the reconfigured ground floor theatres. Existing bricks from
the demolished walls will be saved and utilized where appropriate in the restoration
of the remainder of the building.
The new addition, which will also be of masonry construction, has been set back from
the existing Hopkins Street facade in deference to the historic building. The pro-
posed free market dwelling unit has also been set back from the front facade to
minimize visual impacts, as have the two affordable housing units which have been
located at the rear of the building. Access to the rooftop dwelling units will be
provided via a new stair and elevator tower which will abut a small entry courtyard
located adjacent to Hopkins Street. As this courtyard does not meet the minimum
open space requirement of the underlying zone district, special review approval to
reduce the project's open space will be required.
While there is no minimum rear yard requirement in the CC, Commercial Core, zone
district, a trash and utility service area is required abutting the alley. As the architec-
tural drawings illustrate, a ten (10) foot by twenty (20) area has been provided
adjacent to the alley for trash and utility purposes. While we believe that this area
will be more than adequate to meet the needs of the project, it technically does not
comply with the applicable zone district requirement. Special review approval,
therefore, will also be required to reduce the size of the project's trash and utility
service area as provided for in the Land Use Regulations.
As Table 1 on the following page indicates, the proposed expansion will increase the
existing Isis building's floor area by approximately eight thousand two hundred and
fifty-eight (8,258) square feet. Simila~y, the building's existing commercial net
Ms. Leslie Lamont
October 12, 1995
Page 4
leasable area will increase by approximately five thousand four hundred and forty-
nine (5,449) square feet. The expanded building, however, will comply with all appli-
cable dimensional requirements of the CC zone district with the exception of the
district's open space and trash and utility service area requirements.
Table 1
Development Data
1. Minimum Lot Size (Sq. Ft.) 3,000
2. Existing Lot Area (Sq. Ft.) 9,027
3. Minimum Setbacks (Feet)
Front Yard None
Side Yards None
Rear Yards~ None
4. Maximum Height (Feet) 40
5. Proposed Height (Feet) 35
6. Minimum Required Open Space 2,257
@ 25% (Sq. Ft.)2
7. Proposed Open Space (Sq. Ft.) 540
8. Maximum Allowable Floor Area @ 13,540
1.5:1 (Sq. Ft.)3
9. Maximum Allowable Floor Area @ 18,054
2:1 (sq. Ft.)
10. Existing Floor Area (Sq. Ft.) 8,045
Ground Floor 6,295
Second Floor 1,750
11. Proposed Floor Area (Sq. Ft.) 16,303
Basement None
Ground Floor
Theatres 10,623
Ms. Leslie Lamont
October 12, 1995
Page 5
Second Floor 5,680
Affordable Housing Units 2,610
Free Market Unit 2,050
Other 1,020
12. Proposed Floor Area Ratio 1.8:1
13. Existing Commercial Net Leasable 5,767
Area (Sq. Ft.)4
14. Proposed Commercial Net Leasable 11,216
Area (Sq. Ft.)4
15. Minimum Required Off-Street Parking 11
Spaces
Commercial @ 2 Spaces/i,000 Sq. Ft 11
Net Leasables
Residential6 None
16. Proposed Off-Street Parking None
A trash and utility service area is required adjacent to the alley. A minimum
area of ten (10) feet by twenty (20) feet is required for up to 6,000 square feet
of net leasable area. The length of the area must be increased by one foot for
each additional 1,200 square feet of net leasable area.
May be reduced by special review pursuant to Section 7-404.A. of the Regula-
tions.
Increasable to 2:1 by special review pursuant to Section 7-404.A. of the
Regulations. Sixty (60) percent of the additional floor area, however, must be
approved for affordable housing purposes.
Excludes those areas dedicated to bathrooms, stairways, circulation corridors,
mechanical areas, and tenant storage.
May be waived by the HPC pursuant to Section 8-204.B.l.c.(2) of the Regula-
tions.
None required for historic landmarks.
Ms. Leslie Lamont
October 12, 1995
Page 6
The maximum allowable floor area ratio in the CC, Commercial Core, zone district is
1.5:1, which may be increased to 2:1 by special review. In the event the allowable
floor area ratio is increased, sixty (60) percent of the additional floor area must be
used for affordable housing purposes. As the proposed development's floor area
ratio is approximately 1.8:1, special review approval will be required. Please note,
however, that all but one hundred and fifty-three (153) square feet of the project's
additional floor area above 1.5:1 will be utilized for affordable housing purposes.
As Table I indicates, approximately two thousand six hundred and ten (2,610) square
feet of the expanded building's floor area will be devoted to the project's affordable
housing units. The area will be divided into two (2), identical three (3) bedroom
units, each of which will contain approximately one thousand and sixty (1,060) square
feet of net livable area. The proposed units exceed the minimum size requirements
of the Aspen/Pitkin Housing Authority and will be deed restricted to APCHA's Cate-
gory 2 income and occupancy guidelines.
As discussed in Schmueser Gordon Meyer's engineering report, the City's water
system has sufficient capacity to serve the proposed development. A new service line
will most likely be required, and the Applicant will be subject to the payment of tap
and connection fees. The Aspen Consolidated Sanitation District also has sufficient
capacity to serve the project. A new service line, however, will be required. The
Applicant will be required to pay both tap and connection fees as well as a surcharge
which is necessary to address existing downstream constraints. As noted previously,
electric, telephone, cable TV and natural gas service are presently available in the
adjacent alley, all of which can be easily extended to serve the project. Existing
meters and pedestals will be relocated to the expanded building's trash and utility
service area.
Review Requirements
The Isis Theatre property must be historically designated to pennit the proposed
expansion of the existing theatre building. The expanded theatre operation, the
replacement free market unit, and the two on-site affordable housing units are
exempt from the GMQS subject to review and approval. Special review approval to
exceed the maximum allowable floor area ratio of the CC zone district, and to reduce
the district's minimum open space and utility service area requirements, is also
required. Each of these review requirements is discussed below.
1. Historic Landmark Designation
An application for conceptual development plan approval to expand the Xsis
Theatre building and to historically designate the property was submitted to the
Historic Preservation Commission on July 26, 1995. On August 23, the HPC ap-
proved the Applicant's conceptual development plan and voted to recommend
Ms. Leslie Lamont
October 12, 1995
Page 7
approval of the requested historic designation to both the Hanning and Zoning
Commission and the City Council. The P&Z must also make a recommendation
regarding the designation, and final approval must be granted by the City Council.
No further response with respect to this issue, however, is required by the Applicant
prior to P&Z and Council review.
2. GMQS Exemptions
Pursuant to Section 8-204.B.c. of the Land Use Regulations, the Planning and
Zoning Commission may grant a GMQS exemption for the enlargement of a historic
landmark to be used for commercial and residential purposes which increases both
the building's existing floor area and its net leasable square footage. The applicable
review criteria, and the proposed development's compliance therewith are summa-
rized as follows.
a) "For an enlargement at the maximum floor area permitted
under the external floor area ratio for the applicable zone district (excluding any
bonus floor area permitted by special review), the applicant shall provide affordable
housing at one hundred (100) percent of the level which would meet the threshold
required in Section 8-206.E.3. for the applicable use. For each one (1) percent
reduction in floor area below the maximum permitted under the external floor area
ratio for the applicable zone district (excluding any bonus floor area permitted by
special review), the affordable housing requirement shall be reduced by one (1)
percent.
The applicant shall place a restriction on the property, to the satisfac-
tion of the city attorney, requiring that if, in the future, additional floor area is re-
quested, the owner shall provide affordable housing impact mitigation at the then
current standards.
Any affordable housing provided by the applicant shall be restricted to
the housing designee's Category 3 price and income guidelines as set forth int he
Affordable Housing Guidelines established by the AspenfPitkin county Housing
Authority."
As the proposed expansion will exceed the 1.5:1 floor area ratio of the
CC, Commercial Core, zone district, the Applicant must provide one hundred (100)
percent of the affordable housing that would ordinarily be required pursuant to the
City's commercial GMQS regulations. The relevant requirement, therefore, is sixty
(60) percent of the additional employees generated by the expansion. Based on the
existing and proposed net leasable figures contained in Table 1, the Applicant would
theoretically be required to house approximately eleven (11) employees calculated as
follows.
Ms. Leslie Lamont
October 12, 1995
Page 8
Proposed Net Leasable - Existing Net Leasable = Additional Net Leasable
11, 216 Sq. Ft. - 5,767 Sq. Ft. = 5,449 Sq. Ft.
5,449 Sq. Ft. + 1,000 Sq. Ft. = 5.45
5.45 x 3.5 Employees/i,000 Sq. Ft. Net Leasable = 19.08
19.08 Employees x 0.60 = 11.45 Employees
The proposed development's actual employment, however, is projected
to be five (5) full-time equivalent employees. A manager, assistant manager and
projectionist will be employed full-time. Four (4) part-time employees will sell tickets
and man the theatre's concession operation. This staffing requirement is typical of
the movie theatre business and compares favorably with the employee levels currently
required to operate the five (5) screen, Movieland theatre complex in E1 Jebel.
While the project's employee requirements have been reviewed with Dave Tolen, the
Administrative Director of APCHA, and are believed to be acceptable, the Applicant
will agree to an audit of the expanded theatre's actual employment figures at some
mutually acceptable date.
As discussed previously, the Applicant proposes to provide two (2),
three (3) bedroom affordable housing units on the expanded building's second floor.
These units will house six (6) employees, or more than one hundred (100) pement of
the expanded theatre's affordable housing requirement. While the regulations permit
the units to be deed restricted to APCHA's Category 3 income and occupancy
guidelines, the Applicant will voluntarily deed restrict the units to Category 2. A
Category 2 designation will permit somewhat smaller units which will help reduce the
size of the project's second floor addition, and is in keeping with the recommenda-
tions of the HPC.
The Applicant will also agree to a requirement that additional afford-
able housing be provided in the event that the use of the expanded building is
changed from a theatre to a more employee intensive use. Additional information
regarding the proposed development projected employee generation and affordable
housing requirements will be provided for review and approval by APCHA in the
event required.
b) "Parking shall be provided according to the standards of Article
5, Division 2 and Division 3, if HPC determines that it can be provided on the site's
surface and be consistent with the review standards of Article 7, Division 6. Any
parking which cannot be located on-site and which would therefore be required to be
provided via a cash-in-lieu payment shall be waived."
Ms. Leslie Lamont
October 12, 1995
Page 9
Please note that the Historic Preservation Commission has determined
that no parking need be provided on-site in connection with its conceptual develop-
ment plan approval of the proposed development. The required cash-in-lieu pay-
ment, therefore, has been waived.
c) "The development's water supply, sewage treatment, solid waste
disposal, drainage control, transportation and fire protection impacts shall be miti-
gated to the satisfaction of the Commission."
As the attached engineering report from Schmueser Gordon Meyer
indicates, existing utilities in the immediate site area are adequate to serve the
project. All costs associated with the extension of utilities will be borne by the
Applicant. Any additional stormwater ranoff generated by the project can be
accommodated on-site via the installation of a drywell to be located beneath the entry
plaza in the southeast comer of the property. No adverse impact on the adjacent
street system is anticipated. Fire protection will be provided by the Aspen Volunteer
Fire Department whose fire station is located adjacent to the project site.
d) "The compatibility of the project's site design with surrounding
projects and its appropriateness for the site shall be demonstrated, including but not
limited to consideration of the quality and character of proposed landscaping and
open space, the amount of site coverage by buildings, any amenities provided for
users and residents of the site, and the efficiency and effectiveness of the service
delivery area."
The proposed development's exterior amhitecture and its compatibility
with existing development in the immediate site area has been reviewed and approved
by the Historic Preservation Commission. The project's site design is dictated
primarily by limitations imposed by the existing historic structure, the programmatic
requirements of the proposed theatre use, and the dimensional requirements of the
CC zone district. Given the size of the proposed entry courtyard, no formal land-
scaping is anticipated. Street trees, however, will be planted adjacent to the sidewalk
in the Hopkins Street right-of-way.
With respect to amenities, it should be noted that the expanded
building will include an enclosed lobby which will permit theatre patrons to wait
inside during inclement weather. At present, the public must que up on the sidewalk
prior to entering the existing theatre. As the architectural plans illustrate, both the
affordable housing units and the proposed free market unit will be provided with
outdoor decks and tenant storage areas. Additional landscaping will provided in the
various deck areas for the benefit and enjoyment of the residential units.
As discussed previously, a trash and utility service area has been
provided adjacent to the alley. The area is covered and located at grade so as to
Ms. Leslie Lamont
October 12, 1995
Page 10
provide convenient access for trash and delivery vehicles. The existing theatre's
various utility meters and pedestals will be relocated to this area as may be required.
Pursuant to Section 8-204.C.l.b. of the Regulations, the City Council must
approve a GMQS exemption for the two proposed on-site affordable housing units.
An Applicant, however, typically need only demonstrate compliance with the applica-
ble requirements of APCHA's affordable housing guidelines to qualify for an
exemption. As discussed previously, the proposed units exceed APCHA's minimum
size requirements and will be deed restricted in accordance with the Authority's
Category 2 income and occupancy guidelines.
3. Special Review
The Applicant requests special review approval to exceed the CC, Commercial
Core, zone district's allowable floor area ratio, to reduce the size of the expanded
building's trash and utility service area, and to satisfy a portion of the proposed
development's open space requirement via a payment-in-lieu thereof. Each of these
requests is discussed below.
a) Floor Area Ratio
The maximum allowable floor area in the CC zone district is 1.5:1.
Pursuant to Section 5-209.D.11. of the Regulations, this ratio may be increased to 2:1
by the Planning and Zoning Commission, provided that a minimum of sixty (60)
percent of the additional floor area is approved for affordable housing purposes. As
Table 1 indicates, the proposed development's floor area totals approximately sixteen
thousand three hundred and three (16,303) square feet. The project's resulting floor
area ratio, therefore, is approximately 1.8:1. As this ratio exceeds the 1.5:1 floor area
ratio limitation, special review approval is required.
The proposed development exceeds the 1.5:1 ratio by approximately
two thousand seven hundred and sixty-three (2,763) square feet. All but one hundred
and fifty-three (153) square feet of this square footage is located within the proposed
affordable housing units. As the table indicates, the project's commercial and free
market residential square footage totals approximately thirteen thousand six hundred
and ninety-three (13,693) square feet. The project's remaining two thousand six
hundred and ten (2,610) square feet of floor area is located within the proposed
affordable housing units, all of which will be deed restricted. As a result, the
proposed development's affordable housing substantially exceeds the minimum re-
quirement necessary to qualify for an increase in allowable floor area.
Pursuant to Section 7-404.A. 1. of the regulations, the P&Z must
determine that the requested floor area increase is compatible with, or enhances the
character of, surrounding land uses. As the proposed development's commercial and
Ms. Leslie Lamont
October 12, 1995
Page 11
free market residential floor area is substantially less than the maximum allowed, the
potential impact on adjacent land uses will be significantly reduced. As discussed
previously, virtually all of the requested floor area increase will be used for affordable
housing purposes. No additional commercial or free market residential floor area is
requested. In summary, the proposed development is compatible with neighboring
development, and no adverse impact will occur as a result of the project's increased
floor area ratio.
b) Trash and Utility Service Area
Pursuant to Section 5-209.D.6. of the Regulations, a minimum trash
and utility service area of twenty (20) feet by ten (10) feet is required for up to six
thousand (6,000) square feet of net leasable area. An additional one (1) foot of
length is required for each additional twelve hundred (1,200) square feet of net
leasable area. As the expanded building will contain approximately eleven thousand
two hundred and sixteen (11,216) square feet of net leasable area, the above criteria
would require a trash and utility service area which is approximately twenty-four (24)
feet long (i.e., twenty feet for the first six thousand square feet of net leasable area
plus four feet for the remaining five thousand two hundred and sixteen square feet).
Pursuant to Section 7-404.C. of the Regulations, the P&Z may ap-
proved a reduction in the dimensions of the required trash and utility service area.
As the accompanying architectural plans illustrate, a twenty (20) foot by ten (10) area
is proposed, and is believed to be more that adequate to meet the needs of the
project. This area will easily accommodate a two (2) cubic yard dumpster which is
the largest dumpster which can be conveniently handled during the winter months.
As these dumpsters typically measure approximately four (4) by seven (7) feet, a
second dumpster could also be accommodated in the event required, while still
maintaining adequate space for utility needs.
The building's trash and utility service area will be enclosed on three
(3) sides, covered, and contain a concrete floor. Given the size of the dumpsters to
be used, the spaciousness of the at-grade trash area, and its location adjacent to the
paved alley, dumpster handling by collection personnel should pose no significant
problems. As discussed previously, existing utility meters and pedestals will be
relocated to the proposed trash and utility service area.
c) Open Space
Pursuant to Section 7-404.A.3. of the Regulations, the P&Z may
approve a reduction in the CC zone district's minimum open space requirement. The
Commission, however, must determine that the provision of less than the required
amount of open space will be consistent with the character of surrounding land uses.
As Table 1 indicates, the project's minimum open space requirement is two thousand
Ms. Leslie Lamont
October 12, 1995
Page 12
two hundred and fifty-seven (2,257) square feet. As the accompanying site develop-
ment plan illustrates, approximately five hundred and forty (540) square feet of open
space is proposed.
We believe that the provision of less than the required amount of open
space will be more consistent with the character of surrounding land uses, and is in
keeping with the Land Use Regulations' objective of facilitating the preservation of
historic structures via expansion exempt from growth management. In our opinion,
the provision of open space in accordance with regulatory requirements would serve
no public purpose, as the majority of the existing vacant lot would have to be
preserved. As the surrounding streetscape consists primarily of structures which abut
the front property line, we believe that the retention of a vacant lot between two
adjacent multi-story buildings is inappropriate. Hease note that the HPC concurs
with the Applicant's position and has recommended that the P&Z approve the
requested reduction.
Accordingly, the Applicant proposes to make a cash-in-lieu payment as
provided for in Section 7-403.A.3. of the Regulations. The amount of the required
payment will be determined and paid prior to issuance of a building permit for the
proposed expansion.
Should you have any questions, or require additional information, please do not
hesitate to call.
Yours truly,
;SOCIATES
AICP
Attachments
c:\bus\city. app\app28395.exe
CITY OF ASPEN
p~-~P~.~TIoN c0.P~ENc~. s~aYEXHIBIT 1
APPLICANT'S REPMSMAT~:
E~S~TATI~ ' S PHONE:
0~ ' S N~E:
S~Y
2. De ~t~e of development being re~ested:
3 .~~ Applicant has been re~ested to respond, t~es of reports re~ested:
Policy ~ea/
Referral Agent Co~ents
Water DeDt. contact for tad fee retirements -
-
-
4. Review is: (P&~Z Only) (CC Only) (~Z~then ~C~J)
to
6. Number Of copies Of the application to be submitted:
v. Mat fee was applicant re~ested to submit:a~o~~
8. Pa~ent fom Attached for signature (NO)
9. ' ~ticipated date of submission:
fm. pre_app
""" EXHIBIT 2
ISiS THEATRE
Dominic &. Kath,/n Llnza RO, BOX t80
~, COLORADO 8t{5t2
July 26, 1995
To Whom It May Concern:
This letter hereby grants to the Isis LLC, as holders of an option to purchase the Isis
TheaU:e, the right to submit such land use applications as may be necessary to obtain approval for
the redevelopment of the Isis property for threatre purposes.
After reviewing the plans that the Isis LLC are submitting to you, we are 100% supportive
of the proposed plans. We would like to take this opportunity to say how happy we are that their
intent is to keep theatres in this location.
Yours most sincerely,
Dominic and Kathryn A. Linza
408 E. Hopkins Avenue, Aspen, CO 81611 (970) 925-7909
, , ' JUL 81 '95 15:35 PITKIH COUMTY TITLE RAARAAAAARAA
.,, EXHIBIT 3
COMMITMENT FOR TITLE INSURANCE
SCwEDULE A
1. Effective Date: 07/01/95 at 08:30 A.M.
Case No. PET10050
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy-Form 1992 Amounts TBD
Premiums
Proposed Insured: Rate:RE-ISSUE RATE
PROFORMA
(b) ALTA Loan Policy-Form 1992 Amounts
Premiums
Proposed Insured: Rate:
Tax Certificate $20.00
3. Title to the PEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective date hereof
vested in:
DOMINIC LINZA and KATHRYN A. LINZA
4. The land referred to in this Commitment is situated in the County
of PITKIN, State of COLORADO and is described as follows:
LOTS L, M AND N, BLOCK 87, CITY E TOWNSITE 0P ASPEN.
TOGETHER WITH an easement for encroachment on Lot K, Block 87, City and
Townsite of Aspen as set forth in Deed recorded in Book 347 at Page 988.
COUNTY OF PITKIN, STATE OF COLORADO.
Countersigned at: PITKIN COUNTY TITLE, INC. Schedule A-PG.1
601 E. HOPKINS This Commitment is invalid
ASPEN, CO. 81611 unless the Insuring
303-925-1766 Provisions and Schedules
Fax 303-925-6527 A and B are attached.
, . JUL 2% '95 15:36 PITKIN COUNTY TITLE AAAAAAAAAAAA
SCHEDULE B -'SECTION 1
REQUIRE~(ENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors
of the full consideration for the estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record to-wit:
THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS
NOT A CONTRACT TO4ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS
SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY
RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS
AS DEEMED NECESSARY. THE RECIPIENT OF THIS INPORMATIONAL REPORT
HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR
REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS
ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY
FINANCIAL LIABILITY SHOULD T~AT PROVE TO BE INCORRECT AND THE COMPANY
IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE.
JUL 21 '95 1~:35 PITKIN COUNTY TITLE AAAAAAAARAAA
SCheDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the
Company:
1. Rights or claims of parties in possession not shown by the public records.
5. Easements, or clai.ms of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shornage in area, enchroachraents,
any facts which a correct survey and inspection of the premises would disclose
and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or
herearner furnished, imposed by law and not shown by the public records.
5, Defects, liens, encumbrances, adverse claims or other matters, if any,
created, first appearing in the public records or attaching subsequent to the
effective date hereof but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by
this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed
for water or sewer service or for any other special taxing district.
7. Reservations and exceptions as set forth in the Deed from the City
of Aspen recorded in Book 59 at Page 144, 160 and 521 providing as
follows: "That no title shall be hereby acquired to any mine of
gold, silver, cinnabar or copper or to any valid mining claim or
possession held under existing laws",
8. Terms, conditions and provisions of Notice of Historic Designation
recorded in Book 29B at Page BI5.
9. Deed of Trust fr6m: Dominic Linza and Kathryn A. Linza
To the Public Trustee of the County of Pitkin
For the use of : Charles Tesitor, Personal Representative of the
estate of Marjorie P. Jenkinson
Original Amount : $500,000.00
Dated : ____, 1994'
Recorded : June 24, 1994 in Book 754 at Page 37
Reception No. : 371410
This commitment is invalid unless Schedule B-Section
the Insuring Provisions and Schedules Commitment No. PCT10050
A and B are attached.
.. ~ JUL 21'95 15:37 PItKIN COUNTY TITLE RARARAAAAAAA
ADDITIONAL INFORMATION
AND DISCLOSURES
The Owner's Policy to be issued, if any shall contain the following
items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B-Section 1.
(2} Water rights, claims or title to water.
Pursuant to Insurance Regulation 89-2;
NOT~: ~ach title entity shall notify in writing every prospective
insured in an owner's title insurance policy for a single family
residence (including a condominim or townhouse unit) (i) of
that =i~le entity'e general requirements for the deletion of an
exception Or exclusion to coverage relating to unfiled mechanics'
or materialmens liens, except when said coverage or insurance is
extended to the insured under the terms of the policy. A
satisfactory affidavit and agreement indemnifying the Company
against unfiled mechanics' and/or Materialmen's Liens executed
by the persons indicated in the attached copy of said affidavit
must be furnished to the Company. Upon receipt of these items
and any others requirements to be specified by the Company upon
request, Pro-printed Item Number 4 may be deleted from the
Ownerrs policy when issued. Please contact the Company for
further information. Notwithstanding the foregoing, nothing
contained in this Bardgraph shall be deemed to impose any
requirement upon any title insurer to provide mechanics or
materialmens lien coverage.
NOTE: If the Company conducts the owners' closing under
circumstances where it is responsible for the recording or
filing of legal documents from said transaction, the Company
will be deemed to have provided "Gap Coverage".
Pursuant to Senate Bill 91-14 (CRS 10-11-122);
{a} The Subject Real Property may be located in a Special Taxing
District;
(b) A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained form the County treasurer of the County
Treasurer's Authorized Agent;
(c) Information regarding Special Districts and the boundaries of
such districts may be obtained from the Board of County
Commissioners, the County Clerk and Recorder, or the County
Assessor.
NOTE: A tax Certificate will be ordered from the County
Treasurer by the Company and the costs thereof charged to
the proposed insured unless written instruction to the
contrary are received by the company prior to the issuance of
the Title Policy anticipated by this Commitment.
This commitment is invalid unless Schedule B-Section 2
the Insuring Provisions and Schedules Commitment No. PCT!0050
A and B are attached.
EXHIBIT 4
ISIS L.L.C,
JUly 21, 1995
MS. Leslie Lamont and
Ms. Amy Amidon
Aspen community Development Department
130 S. Galena st.
Aspen, Colorado 81611
Dear Leslie and Amy=
This letter authorizes Sonny Vann & Associates and Charles
Cunniffe, Architects, to represent "us" in the processing of such
applications as may be required to obtain approval for the
redevelopment of the Isls property.
Zost sl cerely2///F~~s~
As Manager of ISIS L.L.C.
305 S. Galena St., Aspen, Colorado 81611 (970)925-8664
ASPEN/PITKIN
".:.,. ...COMMUNITY DEVELOPM F NT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
crr¥ ASPEN (nereina er CITY> M/ 25,
(hereinafter APPLICANT) AGREE AS FOLLO'v~: .
1. APPLICANT has submitted to CITY an application for
(hereifiafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 68 (Series of 1994) establishes a fee structure for Planning 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 to allow APPLICANT
to make payment of an initial deposit and to thereafter permit additional costs to
be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be
bene~ted 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
aM/or City Council to make legally required findings for project approval, 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 applica 'on ,~
completeness, PLICANT shall pay an initial deposit in the amount of $~P_ff_~'~"
which is for ~l~ours of Planning staff time, and if actual recorded costs exceed
the initial deposit, APPLICANT shall pay additional monthly billings to CITY to
reimburse the CITY for th~ processing of the application mentioned above,
including post approval review.' 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.
By' /}ausbn ~- - By:
Community Development Director Date: 0
Mailing Address:
2
EXHIBIT 6
629516 F,A.R.
Net Leasable commercial 5268 s.f, ~_,~_~
Storage 384 s,f.
F.A.R. 6,295 s.f. II I
0 2 6 16 (E~
Net Leasable F.A.R.
Main Level 5268 s.f, 6295 s.f.
Upper Level 499 s.f. 1750 s.f.
Grand Total 5767 s.f. 8045 s.f.
1750 s.f.F.~R,
Net Leasable commercial 499 s.f. %"~"~
Uving area 753 s.f. ~
Storage 106 s.f.
F.A.R. 1,750 s.f. ~ IIII
0 2 6 16
~ ENGINEERS
.sG ..RvEYo.E EXHIBIT 7
(303) 925-6727 SC~UESER ~ P,O. BOx 2155
FAX (303) 925-4157 GOR=ONt~EYER
Aspen, CO 81612
October 9, t995
Mr. Sunny Vann
VANN ASSOCIATES INC.
230 East Hopkins Ave.
Aspen, CO. 81611
RE: Isis Theatre Property Expansion and Renovation. Growth ManaQement Exemption
Application EnGineerinG Report
Dear Sunny:
This letter comprises an engineering report for relevant aspects of the Isis Theatre Building
Expansion and Renovation project Growth Management Exemption Application to the City of
Aspen. My remarks are based on our discussions of the project, conversations with
representatives of the primary utilities and inspections of the site.
Introduction
The Isis Theatre property is located at 406 East Hopkins Avenue on Lots L, M and N of Block 87
of the Original Aspen Townsite. The site currently includes a commercial theater structure and
an owner-occupied residential apartment. The application is for growth management exemption
approval of the renovation and expansion of the existing building to house approximately 6,400
additional square feet of nat leasable commercial space in the Commercial Core (CC) zone
district. The renovation and expansion will accommodate four (4) new theaters as well as
approximately 4,020 square feet of residential use including two three-bedroom affordable
housing units and one three-bedroom free market unit.
Utilities and Infrastructure
With regard to the infrastructure requirements of the proposed expansion and renovation, I offer
the following comments:
1. Water supply and fire protection Based on my discussion with City of Aspen Water
Department Director Phil Overeynder, the site is currently served by a 6 inch diameter cast
iron main in the East Hopkins Avenue right-of-way. The existing service to the building
is likely an older galvanized steel line and, given the extent of the renovation and
expansion, would probably need to be replaced in its entirety out to the main. In
addition, given the age of the current service, it is unlikely that any credit would be
available for previously paid tap fees.
The City water system has sufficient capacity to serve the expansion of the Isis structure
and provision of water service would not pose any special problems from a technical
standpoint. As a site within the City, service would be subject only to payment of
appropriate tap and connection fees for the capacity required by the new structure
1001 Grand Ave., Suite 2E · Glenwood Springs, Colorado · (303) 945-1004
October 9, 1995
Mr. Sunny Vann
Page 2
including renovated and expansion space.
With regard to fire protection, there is an existing fire hydrant (#773) on the southeast
corner of Block 87, approximately 120 feet from the Isis property. In addition, the main
fire station of the Aspen Volunteer Fire Department is immediately adjacent to the site.
Due to the occupancy associated with the theater uses, and under recent ordinance of
the City of Aspen, the Isis Theatre would be required to have internal sprinklers installed
as well.
2. Sanitarv sewer Based on my discussion of the project with Aspen Consolidated
Sanitation District (ACSD) System Superintendent Tom Bracewell, it appears that the
existing structure is connected to an existing 8 inch diameter vitrified clay sanitary sewer
main in the alley to the north of the site. Again, given the extent of the proposed
renovation and expansion, it is likely that an entirely new service line will be required to
the main in the alley. The sanitary sewer main in the alley of Block 87 is connected to
the 20 inch diameter trunk line in Galena Street. The ACSD intends to perform several
significant upgrades to the Galena trunk at some point in the near future and will require
payment of a tap fee surcharge, likely in the range of $720.00 per EQR, for connection
of the expanded and renovated Isis.
The ACSD also has sufficient capacity to serve the proposed expansion of the Isis
Theatre building and would provide service, once again, subject to payment of
appropriate tap fees, tap fee surcharges and connection charges associated with the
capacity requirements of the expansion.
3. Miscellaneous Utilities:
a. Electric Primary electric service is available from the alley north of the site. There
is an existing electric service transformer located just off the Isis property south
of the alley and west of the current theater. The renovation and expansion project
will undoubtedly require an upgraded electric service. This additional service may
be feasible by upgrading the existing transformer to the northwest or may require
placement of a new transformer within the proposed trash/utility space along the
alley north of the new expansion structure. The proposed trash/utility area, at 10
feet by 20 feet, should be adequate to accommodate a new transformer, should
one be necessary, as well as the other utility pedestals and trash facilities. The
City of Aspen Electric Department will require load information from the
mechanical system designers to determine specific service configuration
requirements.
b. Telephone Phone service is also available within the alley to the north of the site.
A new phone pedestal in the trash/utility area would be required to serve the site
and to replace the pedestal currently located in the area of the new construction.
c, Cable TV Also available from the alley, same general requirements as the phone
service.
SCHMUESER GORDON MEYER, INC,
October 9, 1995
Mr. Sunny Vann
Page 3
d. Gas Gas is also available from the alley and is currently servicing the existing
building. A new service line and relocation of the meter would be required by the
proposed renovation/expansion,
4. Public transDortation/roads The Isis Theatre site is located on East Hopkins Avenue near
the intersection with South Mill Street. Due to the predominantly late evening nature of
the theater uses, I would not anticipate that traffic associated with the expanded theaters
would represent a significant conflict with peak hour traffic in the immediate area which
tends to be work-day oriented in the morning and late afternoon timeframes. The site is
also about 1 t/2 blocks from the Rio Grande parking structure. The Galena Street shuttle
van provides frequent service between the cul-de-sac adjacent to the parking garage and
the Rubey Park transit center down Galena Street at the east end of the block. The site
is also just 30 feet from the bus routes that serve Mill Street. The Isis Theatre site is very
well served by available transit.
Streets adjacent to the Isis Theatre site are in generally good condition including the alley
of Block 87. Some on-street public parking remains available, particularly on Hopkins
Avenue, and will not be reduced as a result of the Isis Theatre commercial/residential
expansion. Given the location of the property within the Commercial Core, much of the
anticipated increase in business traffic will likely be pedestrian oriented.
5. Storm Drainaqe Minimal changes to the current impervious surfaces of the site will occur
as a result of the Isis Theatre expansion. The additional building footprint will be located
above areas that are currently paved or comprise packed gravels and the net impact of
site changes is minimal. A drywell will be located beneath the open space "plaza" in the
southeast corner of the site to accommodate any additional runoff volume as a result of
the expansion construction. Historic drainage patterns will be unaffected as a result of
this project and the City of Aspen's drainage facilities will not be impacted additionally.
I hope these comments will be sufficient for the Growth Management Exemption application for
the Isis Theatre building. Please feel free to contact me if I may provide further information or
detail.
Very truly yours,
$CHMUESER GORDON MEYER INC.
~ammond, P.E. Principal, Aspen Office
JH/Jh95119ER
SCHMUESER GORDON MEYER, INC.
DECEMBER 5, 1995, TUESDA_
SITE VISIT
North 40
3:00, meet behind City Hall
GROWTH MANAGEMENT COMMISSION
4:30 PM, COUNCIL CHAMBERS, CITY HALL
I. COMMENTS
II. PUBLIC HEARINGS
A. Isis Theatre GMQS Exemption, Dave Michaelson
III. WORK SESSION
A. Metro Area Growth Management Commission
Responsibilities and Review Process, and DisCussion
of Transfer of Development Rights, Cindy Houben
(PLEASE BRING YOUR LAND USE CODE FOR REFERENCE)
IV. ADJOURN
PITKIN COUNTY PLANNING AND ZONING COMMISSION
5:30 PM, COMMISSIONERS MEETING ROOM, COUNTY COURTHOUSE
I. COMMENTS
Commissioners
Planning Staff
Public
II. MINUTES
October 5, 1995
October 10, 1995
III. OLD BUSINESS
A. Shoaf Ridgeline Review, Tim Malloy
B. North 40 Subdivision/PUD Conceptual Submission, Rick
Magill
IV. NEW BUSINESS
A. Emma Road Vacation, Rick Magilt
B. Levitt 1041 Hazard Review & General Submission,
Ellen Sassano
V. ADJOURN
MEMORANDUM
TO: PitkiL ;ounty Planning and Zoning 3mmission
FROM: Suzanne Wolff, Administrative Assistant
DATE: December 5, 1995
RE: Upcoming Agendas
DECEMBER 19 - Regular Meeting
Lyon Property Rezoning, EDU, 1041 Hazard Review & Subdivision
Exemption (RM)
Ward 1041 Hazard Review & General Submission
Owl Creek Ranch (Lot 10) Major Plat Amendment (ES)
Koutsoubos Lot Split Conceptual Submission, etc. (FK)
Cougar Canyon Subdivision Conceptual Submission, etc. (ES)
JANUARY 2 - Regular Meeting
Old Snowmass Corner 1041 Hazard Review a General Submission (RM)
Elliott/Artet 1041 Hazard Review & General Submission (ES)
Havapart Major Plat Amendment (FK)
1995 Non-Metro Residential GMQS Scoring - Red Butte Ranch (ES)
JANUARY 16, 3:00 - BOCC/P&Z Quarterly Meeting
JANUARY 16 - Regular Meeting
Flying Dog Ranch Subdivision/PUD Conceptual Sumbission & 1041
Hazard Review (RM)
Lazy Glen Subdivision/PUD Conceptual Submission, Rezoning, etc.
(ES)
FEBRUARY 6 - Regular Meeting
Mills 1041 Hazard Review & General Submission (FK)
cozy Point Ranch South Parcel Lot Split Conceptual Submission, GMQS
Exemption,~1041 Hazard Review, Scenic Overlay and Caretaker
Dwelling Units (FK)
Buttermilk Ski Area Master Plan Amendment (ES)
FEBRUARY 20 - Regular Meeting
Aspen Village Subdivision, Major Plat Amendment, Rezoning, GMQS
Exemption, CDU, EDU (FK)
Kamins Special Review & Code Amendment {ES)
MARCH 5 - Growth Management Commission
1995 Metro Residential GMQS Scoring
MARCH 5 - Regular Meeting
Heatherbed Lodge Subdivision Conceptual Submission & 1041 (ES)
Murray Subdivision Conceptual Submission & Rezoning (FK}
MARCH 18 - Regular Meeting
1995 Non-Metro Commercial GMQS
Mills Subdivision Conceptual Submission & Rezoning (FK)
TO: Joint Growth Management Commission
THRU: Leslie Lamont, Deputy Direc f~
FROM: Dave Michaelson, Planner
DATE: December 5, 1995
RE: Isis Theater - Growth Management Commission Recommendation of
Affordable Housing
SUMMARY: The Isis Theater is currently undergoing a series of approvals to allow for
remodel and expansion of the Isis Theater, the development of two (2) three (3) bedroom
affordable housing units and a free market dwelling unit on a new upper floor to be added to the
building. Section 8-111.J. (Affordable Housing) requires that the Joint Growth Management
Commission provide a recommendation to the City Council approving the method by which the
applicant proposes to provide affordable housing.
APPLICANT: Isis LLC., represented by Sunny Vann
LOCATION/ZONING: Lots L, M and N, Block 87, City and Townsite of Aspen. The entire
property is zoned CC (Commercial Core). The existing Isis building is located on lots L and M,
and a small attached shed is located on Lot N. The remainder of Lot N is vacant and is used for
storage and parking. The three lots have merged pursuant to Section 7-1004A.5 and are located
within the City's Commercial Core Historic Overlay District.
REQUEST: The applicants intend to provide two (2) three-bedroom affordable units, deed
restricted to Category 2 income and occupancy guidelines. Each unit is approximately 1,060
square feet, and have private entrances and access to a patio. Although Category 3 units are
required, Category 2 units will allow a reduction in mass consistent with HPC recommendations,
and the Housing Office is in support of the Category 2 units. The units are placed on the rooftop
of isis, adjacent to a single free market unit. The free market unit replaces an existing manager' s
quarters, and is not subject to the requirements of GMQS. A site plan and elevations of the
proposed affordable units are attached as Exhibit A.
Referral Comments: Complete referral memos are attached as Exhibit B.
Housing: The Housing Office has approved the employment assumptions and the deed restricted
Category 2 units.
HPC: HPC has reviewed the project five times since July of t995, and has granted conceptual
approval. Amy Amidon's November 22, 1995 memo is attached, and goes into detail regarding
the visual impacts of the AH units placed on the roof. Based on the November 8, 1995 minutes
attached to Amy's memo, the AH units were seen as problemuric, and significant discussion took
place regarding the potential of buying down existing units. This would leave only the free
market unit, which could be pushed completely back from the front facade to lessen the roof top
impact of the current proposal. Staff notes that keeping the units on-site is the only method for
requesting an FAR bonus.
PLANNING STAFF COMMENTS:
The applicable review criteria and the proposed developments compliance are summarized as
follows:
a) "Whether the City has an adopted plan to develop affordable housing with
monies from payment of affordable housing dedication fees."
Response: The City has had an affordable housing program in place for some time.
b) "Whether the City has an adopted plan identifying the applicant's site as being
appropriate for affordable housing."
Response: The City did not precisely identify the Isis as a site for affordable housing, due to the
uncertainty regarding the redevelopment of the Isis. Based on other provisions of the Code. the
expansion of commercial and retail uses are encouraged to integrate employee mitigation on-site.
In addition, the Code allows the expansion of Historic Landmarks beyond the allowed FAR if
60% of the additional square footage is used for affordable housing. Almost 95% of the "bonus"
FAR is associated with these units. Although HPC had significant concerns regarding the
mussing on the roof. conceptual approval has been ~anted (see HPC referral comments).
c) "Whether the applicant's site is well suited for the development of affordable
housing, taking into account the availability of services, proximity to employment
Raspoase: The proposed affordable units are located in the co ' 'mm~osVe[p~
to employment and available transit. There are not significant environmental constraints
associated with the project. The project has undergone significant revisions to address visual
impacts, and the project will not encroach into the Main Street Viewplane.
d) "Whether the method proposed will result in employee housing being produced
prior to or at the time the impacts of the development will be experienced by the
community."
Response: The proposed affordable units will be constmcted in conjunction with the associated
renovation of the theater.
e) "Whether the development itself requires the provision of affordable housing
on-site to meets its service needs."
2
Response: The applicant fully intends on housing theater employees on-site.
Staff Recommendation: Staff recommends that the Joint Growth Management Cornmission
fom, ard a positive recommendation to City Council regarding the proposed affordable units.
Although there are still several design issues remaining with the proposal, the Planning and.
Zoning Commission has criteria within their review process to address design issues.
RECOMMENDED MOTION: "I move to forward a positive recommendation to City
Council from the Growth Management Commission for the affordable housing units
assorated with the proposed renovation of the Isis Theater."
/
Exhibits: ~ ~
Exhibit A - Site Plan and Elevations for the affordable units
Exhibit B - Referral Comments
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" " Exhibit B
MEMORANDUM
TO: Dave Michaelson, City Planner
FROM: Amy Amidon, Histodc Preservation Officer
DATE: November 2,2, 1995
RE: Isis Theater
HPC has held five meetings regarding the conceptual development plan for this
projectsince july 1995. (Conceptual approval with anumber cf conditions was
awarded on August 23.) The main focus of the review has been on limiting the
demolition of the existing structure (originally only the front facade was proposed
to be retained), directing the new construction to be compatible with the old
structure, but subtlety different from it, and on decreasing the visibility of the on-
roof construction.
Originally, the applicant proposed four AH units and one free market unit on the
site. The applicant, HPC, and Housing Office worked together to reduce the
units to two, three bedroom units, which the Housing Office has found is
sufficient for the redevelopmont. In addition, HPC has worked with the applicant
to lower the height of the units as much as possible. Story poles have been set
up several times.
At this point, the applicant has addressed all specific HPC conditions of
approval. Final HPC review will continue to focus on refining matedal selections
for the new construction and overall preservation techniques for the old building.
At HPC's November 8 meeting, the commission agreed that the project is vastly
improved from the cdginal proposal and that, in general, they are comfortat:le
with the new addition, However, the commission also stated that, after seeing
the rooftop constr~ction through several studies and site visits, it would be there
strong preference that the AH units would not be located on-site (see attached
minutes). Their location at the back of the roof will make them fai~y invisible,
however they force the free market unit to be placed at the front of the roof
where it will be visible from the street. HPC feels that in the case of some
histodc buildings, the requirement for on-site housing puts an additional burden
on the building which may lead to a less than desirable result. The applicant has
been asked to explore the viability of off-site housing, with the approval of P&Z.,
but regardless of the outcome, the Conceptual approval is granted.
HPC has also recommended that P&Z. waive the on-site parking requirement.
Given the existing building, no more than three spaces can be accomodated on
the site. HPC also recommends waiver of the required open space. It is HPC's
opinion in general that the open space requirement is not appropriate in a
commercial core area where it is desirable to create' a si~ung 'building edge"
along the streetscape. The open space requirement in many cases has created
buildings which are sat back from the sidewalk or have sunken courtyards in
front of them, which is not compatible with the traditional commercial
development patf:em in Aspen.
TO: Dave Michelson, Planning Office
PPJ3M: Ci~dy Christensen, Housing Office
E~%Ta: Mcve~ber 9-9, 1995
Isis Theatre GMQS Exemption & Sl~ecia! Review
~arce! iD No- 2737-~73-30-0~
Based on :he. information provided by the applicant, the calculation
of 1!.45 FTE'S is accurate. As agreed to by Dave Tulsa, the
H~using Office will accept =he projected ~,~er of an additional
five stupiDyeas, but ask t~aE =he Planning Department require ~n
audit of employees two years .~rcm Certificate cf Occupancy tu
verify raze number of employees utilized for this operation. T~_~s
audit should be done through a.u irlde.ue-.dent report sup!~lied by the
applicant and reviewed by :he ~cusing Office for ~ccuracyo AZ that
time, if iz is found that the applicant has em~ioyed more than five
FTE's, the a~!icanZ will be required to mitigate any additional
eml31cyees according to ~he Guidelines as set forth at that time.
The aE~.licant states that he cornsiZe to satisfy the affordable
housing exaction via the deed restriction of two three-bedroom
units to be built on the ~remises. The .~ousing Board has
established policies in the Affcr~abie Nousing Guidelines regarding
mitigating affordable housing im[~cus, Their preference is as
follows:
I. On-site h~uslng;
~-. Off-site housing, including buydown concept;
3. Cash-in-lieu/'_and-in-lieu.
The Housing Office also a~preciaUes the al~91ican~ volunteering to
deed restrict these units to Category 2. The size of the units
will also meet ~he minimum size :equize~en= fo= a Category 2 three-
'bedroom ~ t.
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