HomeMy WebLinkAboutapz.gmc.res.02-00 RESOLUTION NO, 02gmc
(SERIES OF 2000)
A RESOLUTION OF THE CITY OF ASPEN/PITKIN COUNTY GROWTH
MANAGEMENT COMMISSION RECOMMENDING APPROVAL OF THE EXPLORE
BOOKSELLERS AND BISTRO GROWTH MANAGEMENT QUOTA SYSTEM
EXEMPTION FOR AN HISTORIC LANDMARK TO INCREASE THE NET LEASABLE
SQAURE FOOTAGE BY 440 SQUARE FEET, TO INCREASE THE FLOOR AREA
RATIO TO 0.85:1, AND ABILITY TO PAY CASH-IN-LIEU FOR AFFORDABLE
HOUSING MITIGATION, LOTS D AND E, BLOCK 74, CITY AND TOWNSITE OF
ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application (the
Project) from Katharine Thalberg, owner of the Explore Booksellers and Bistro, represented by
Alan Richman, located on Lots D and E, Block 74, City and Townsite of Aspen, for a Growth
Management Quota System (GMQS) exemption for an historic landmark to increase the net
leasable square footage by 440 square feet, and to increase the floor area ratio to 0185:1, by
enclosing a deck on the second floor, located at 221 East Main Street; and,
WHEREAS, the Explore Booksellers and Bistro is located in the Office Zone District
and Historic Preservation Overlay Zone District, and the lot size is approximately 5,987 square
feet; and,
WHEREAS, Ordinance 61, Series of 1976, designated the Shoenberg residence, Lots D
and E of Block 74, original Aspen Townsite, as an historic structure and site, and the bookstore
was subsequently established on site; and,
WHEREAS, Planning and Zoning Resolution 89-23 approved the Explore Booksellers
and Bistro Growth Management Quota System Exemption and Insubstantial Amendment to the
Conditional Use for the restaurant use; and,
WHEREAS, pursuant to Section 26.470 of the Land Use Code, the Growth Management
Commission may approve a GMQS exemption for an historic landmark and method of
affordable housing mitigation for increasing net leasable square footage during a duly noticed
public hearing after considering comments from the general public, a recommendation from the
Community Development Director, and recommendations from relevant referral agencies; and,
WHEREAS, a code amendment is pending before City Council to allow City .Council to
approve the method of mitigation for the provision of affordable housing after considering a
recommendation from the Growth Management Commission; and,
WHEREAS, the Historic Preservation Commission has approved a conceptual plan for
enclosing the second floor deck on the alley side of the existing historic landmark structure, and
will review a final plan prior to the submission of building permits; and,
WHEREAS, the Aspen/Pitldn County Housing Authority and the Community
Development Department reviewed the Project and recommended approval with conditions; and,
WHEREAS, during a duly noticed public hearing on February 29, 2000, the Growth
Management Commission recommended, by an eight to zero ( 8 - 0 ) vote, approval of the
Explore Booksellers and Bistro GMQS exemption for an historic landmark and method of
affordable housing mitigation to make a cash-in-lieu payment, with conditions contained herein;
and,
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WI-IEREAS, the Growth Management Commission has reviewed and considered the
development proposal under the applicable provisions of the Municipal Code as identified herein,
has reviewed and considered the Community Development Director, the applicable referral
agencies, and has taken and considered public comment at a public hearing; and,
WHEREAS, the Growth Management Commission finds that the developmem proposal
meets or exceeds all applicable development standards and that the approval of the development
proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WItEREAS, the Growth Management Commission finds that this Resolution furthers and
~s necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY TItE CITY OF ASPEN PLANNING
AND ZONING COMMISSION as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Explore Booksellers and Bistro request for a Growth Management Quota System exemption for
increasing the net leasable square footage by 440 square feet and increasing the floor area ratio from
0.75:1 to 0.85:1 of a historic landmark structure by enclosing a second floor deck, located at 221
East Main S~eet, and request to make a cash-in-lieu payment for affordable housing mitigation, is
approved subject to the conditions of approval described hereinafter.
Conditions of Approval:
i. Unless otherwise herein amended, all prior conditions of approval contained in City Council
Ordinance 61, 1976 and Planning and Zoning Resolution 89-23 remain in full force and
effect.
2. The City of Aspen Land Use Code is amended to allow City Council to approve the method
of mitigation for the provision of affordable housing after considering a recommendation
from the Growth Management Commission.
3. The Historic Preservation Commission approves the final plan, including malting the
determination that locating the affordable housing on site would not be compatible with the
design, scale, massing, or volume of the historic landmark structure.
4. The Aspen/Pitkin County Housing Authority shall approve the amount of cash-in-lieu to be
paid for affordable housing mitigation.
Section 2:
All material representations and commitments made by the applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Planning and Zoning Commission or City Council. are hereby incorporated in such plan
developmem approvals and the same shall be complied wi~ as if fully set forth herein, unless
amended by an authorized entity.
Section 3:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under orby virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason
held invalid or unconstitutional in a court ofcompetent jurisdiction, such portion shall be deemed a
separate; distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the Growth Management Commission of the City of Aspen and Pitldn County on the 29th day of
February, 2000.
APPROVED by the Commission at its regular meeting on February 29, 2000.
APPROVED AS TO FORM: GROWTH MANAGEMENT COMMISSION:
Ci Robert Blaich, Chair
ATTEST:
a~k~ Lothian, l~eputy City Clerk
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