HomeMy WebLinkAboutresolution.apz.036-95 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 AREAt 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
(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 24-5-209.D.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 of the plan, agency and
public comment thereon, and those applicable standards as contained
in Chapter 24 of the Municipal Code, to wit, 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
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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
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING 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. Ail 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 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
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
1995.
the Commission at its regular meeting on December 5,
Attest:
Sharon Carrillo,
Deputy city Clerk
Plann~ and Zoni~Commission:
Sara Garton, Chair
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