HomeMy WebLinkAboutcoa.lu.gm.406 E Hopkins Ave.A048-01
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mE ISIS mEA TER
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A GMQS EXEMPTION
APPLICA TION
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PREPAREV 'By
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HAAS LANV PLANNING. LLC
201 NORm MILL StREEt. SUITE 108
ASPEN. COLORAVO 81611
(970) 925 -7819
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MAY. 2001
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AN APPLICATION FOR APPROVAL OF A
GMQS EXEMPTION RE-EV ALUATION FOR
THE ISIS THEATER
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Submitted by:
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Isis, LLC
cj 0 Sam Houston, Manager
308 South Galena Street
Aspen, CO 81611
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Prepared by:
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HAAS LAND PLANNING, LLC
Planning Consultants
201 North Mill Street, Suite 108
Aspen, CO 81611
(970) 925-7819
fax: (970) 925-7395
rnhaas@sopris.net
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PROJECT CONSULT ANTS
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PLANNER
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Mitch Haas, AICP
Haas Land Planning, LLC
201 North Mill Street, Suite 108
,Aspen, CO 81611
(970) 925-7819
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ARCHITECT
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Charles Cunniffe Architects
610 East Hyman Avenue
Aspen, CO 81611
(970) 920-6871
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THE ISIS THEATER GMQS EXEMPTION APPLICATION
TABLE OF CONTENTS
PAGE
'INTRODUCTION.."", ,.. ,.",. ,.,., ,.,. ,.""",.".,...." ,.. ,... ,. .,.", ,., ......... ...1
PREVIOUS APPROVALS.. ......,...............,........,...",..,...",........,... ...3
PROJECT SITE (EXISTING CONDITIONS),.......", ..,........."...............7
PROPOSED DEVELOPMENT ALTERNATNES.,..,..."..........,....,.......8
REVIEW REQUIREMENTS,.",......,.,...",......",........,.....,......." ...." ,11
VESTED PROPERTY RIGHTS,.....",....,.....""..,..,.,.."..".,..,..,...,.., ..17
EXHIBITS
Exhibit #1: Proof of Ownership
Exhibit #2: Land Use Application Form
Exhibit #3: Pre-Application Conference Summary
Exhibit #4: Letter of authorization to Represent the Owner I Applicant
Exhibit #5: Summary and Copies of Previous Approvals
Exhibit #6: List of Property Owners Within 300 Feet of the Subject Property
Exhibit #7: Signed and Executed Fee Agreement
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I.
INTRODUcnON:
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Aspen has a long-standing tradition in the arts and, more specifically, in film. It
has long been a town that prides itself in its film festivals, Oscar screenings, shorts festivals
and comfortable venues in which to enjoy these events. Nevertheless, Aspen now finds
itself at a crossroads of sorts with regard to the ability to maintain and continue this rich
tradition. With the recent bankruptcy of Carmike Cinemas, the future of the Stage Three
Theater is uncertain, and the difficulties of making movie theater operations viable at the
Isis Theater have been well-publicized. Consequently, there exists a real possibility that
the City of Aspen could be without any true movie theaters in the foreseeable future.
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In recognition of this possibility, community leaders have banded together in an
effort to find a way to save the Isis and its theater operations. To that end, a ballot
measure will be put to the City of Aspen voters in May, 2001 asking them to approve a
tax that would fund a City of Aspen leasehold (with an option to purchase) to maintain
movie and other theater operations at the Isis. The owners of the Isis property are doing
all they can to help ensure the approval of the ballot measure, and truly hope that it passes.
Given the uncertainly with regard to the potential for the tax being approved and the
uncertainty with regard to what would happen if an approved lease were to expire without
the purchase option being exercised, the owners of the Isis property are submitting this
application as a set of contingency plans,
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This application seeks approval of two alternatives that would amend the 1995
approval of the Isis Theater growth management quota system (GMQS) exemption. Both
of the proposed alternatives provide for maintaining movie theater operations at the Isis,
Alternative one seeks approval to convert one of the two ground level theaters to
approximately 3,000 square feet of commercial space, thereby maintaining four theaters
(the easterly ground level theater and the three below grade). The second alternative
would provide for converting both ground level theaters to approximately 6,000 square
feet of commercial space and maintaining three movie theaters below street level. Also
under the second alternative, the projection room associated with the two ground level
theaters would be converted to accessory space (i,e., storage and inventory area) for the
new commercial areas.
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The Aspen Land Use Code (the "Code") does not provide a process that truly
addresses the type of request made herein That is, the existing theater is a "commercial"
use and this application seeks to reconfigure the existing spaces for use by a different
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Isis Theater Land Use Application
Page I
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type(s) of commercial operation, As such, there is no "change in use" as the structure will
be going from one type of commercial use to another. Nevertheless, as part of the 1995
approvals for the Isis expansion, it was made clear in Planning and Zoning Commission
Resolution Number 36-95 (which granted the GMQS Exemption for the expansion) that,
"The approved employee calculation offive (5) employees is only applicable to the Isis
project, and any future uses will require re-evaluation for mitigation purposes."
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The term "re-evaluation," as used in Resolution 36-95, implies a need for review
against the same GMQS Exemption standards used in approving the original application.
Thus, this application addresses such a re-evaluation against the standards of Section
26.470070(D)(5). Although the process associated with Section 26.470.070(D)(5)
GMQS exemptions requires review and approval by the Growt~~anag~ent Commission
only, it is suggested that this application be decided upon by ~ity ~~ii'lil after receiving a
recommendation from the Growth Management Commission in recggnition of the fact that
the associated review process has changed since the previous ~ppf6vals were granted.
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If approved, the ballot measure proposing a 0,2 perc6n{ sales tax is expected to
generate enough funds for the City of Aspen to lease the Isis Theater If it wins approval,
the tax would begin July 1, 2001, and end June 30,2005, therefore, funding only a four-
year lease, While the lease proposed by the applicants to the City provides extensions of
up to sixteen more years, voter approval of an extension to the tax would be necessary to
continue leasing the theater. Since it remains possible that the City may not lease or
purchase the Isis property, the standard three year period of vested property rights is
requested along with the project's various approvals, It is also requested that an extended
vesting period be granted along with the land use approvals to protect the entitlements for
a period of three years beyond the terms of the City of Aspen leasehold on the property,
should such leasehold become a reality.
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The application is submitted pursuant to Section 26.470 of the Aspen Land Use
Code by Isis LLC (hereinafter "applicant"), the owners of the property (see Title
Insurance Commitment, Exhibit #1). The Land Use Application Forms and Pre-
Application Conference Summary are attached hereto as Exhibits #2 and #3, respectively
Permission for Haas Land Planning, LLC, Planning Consultants, and Cunniffe Architects
to represent the applicant is attached as Exhibit #4. Summaries of the memorialized
previous approvals (Resolution 36-95, Ordinances 58-95 and 59-95, etc.) are attached as
Exhibit #5. A list of property owners located within three-hundred feet of the property
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Isis Theater Land Use Application
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and an executed application fee agreement are attached as Exhibits #6 and #7,
respectively.
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This application IS divided into four sections. Section I provides a brief
introduction to the application, while Section II delivers an overview of the previous.
approvals associated with the Isis property. Section III describes the existing conditions
of the project site. Section IV of the application outlines the applicant's proposed
development alternatives, and Section V addresses the proposed development's
compliance with the applicable review criteria of the Code. For the reviewer's
convenience, all pertinent supporting documents relating to the project (e.g., proof of
ownership, etc.) are provided in the various exhibits attached at the end ofthe application.
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While the applicant has attempted to address all relevant provisions of the Code,
and to provide sufficient information to enable a thorough evaluation of the application,
questions may arise which require further information and/or clarification. The applicant
will provide such additional information as may be required in the course of the
application's review
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n. PREVIOUS APPROVALS:
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The approvals for the Isis renovation/expansion were granted and memorialized
over eight separate steps: I) Planning and Zoning Commission Resolution Number 36-
95; 2) City Council Ordinance Number 58-95; 3) City Council Ordinance Number 59-95;
4) a March 19, 1996 amendment to Resolution 36-95 was granted by the Planning and
Zoning Commission without formal adoption of a resolution; 5) City Council authorized
use of the Special Review process to consider the amortization of open space payments
via adoption of Ordinance 45-96; 6) final approval by the Historic Preservation
Commission (HPC) on March 12, 1997; 7) Council adoption of Resolution 98-18
approving the deferral of payments in-lieu of open space for a ten year period; and, 8) a
pair of HPC amendments to their final approval were approved on March 10, 1999 and
September 8, 1999. All of these approvals are summarized in Exhibit #5 and the
highlights are discussed below.
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1. Planning and Zoning Commission Resolution Number 36-95
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This resolution granted a Growth Management Quota System (GMQS)
exemption for the expansion of the Isis Theatre building and Special Review approval to:
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Isis Theater Land Use Application
Page 3
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a) exceed the property's allowable floor area, b) reduce the minimum required dimensions
of the building's trash and utility area, and c) reduce the minimum open space requirement
of the property's underlying zone district (which is CC, Commercial Core). These
approvals were granted subject to a list often (10) conditions.
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The GMQS exemptions were for the enlargement of an historic landmark structure
that added both floor area and net leasable space. In addition, GMQS exemptions were
granted for the reconstruction of one demolished free market dwelling unit and the
addition of two deed restricted affordable housing units.
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The allowable floor area ratio (floor area-to-Iot area ratio, alkla FAR) of the
underlying zone district is 1.5: I, which can be increased up to 2: I by Special Review
provided at least 60% of the additional floor area beyond that allowed as of right is used
for residential purposes deed restricted in accordance with the affordable housing
guidelines. The approval granted by the Planning and Zoning Commission allowed for
16,303 square feet of floor area, or an FAR of 1.81: I. With this increase, at least 1,657
square feet of the total area was required to be included within deed restricted affordable
housing ([16,303 - 13,541] x 60%). The proposal provided 2,610 square feet of deed
restricted affordable housing and, therefore, exceeded the requirement by 953 square feel.
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Based on the amount of net leasable area (11,216 square feet) within the then
proposed structure, a trash and utility area measuring 24' x 10' would have been required
pursuant to the dimensional requirements of the CC zone district. The Special Review
approval allowed the trash and utility area to be reduced to 20' x 10', a four foot
reduction in the otherwise required length.
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The Commercial Core zone district requires that 25% of a site be maintained in a
condition that complies with the City's definition of "open space." Thus, approximately
2,257 square feet (9,027 x 25%) of the property would have been required to be left more
or less undeveloped. The approval allowed this requirement to be reduced to just 540
square feet of open space, or just under 6%. A cash-in-lieu of open space payment was
required,
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The ten conditions of approval do not detail the approvals as done above but,
instead, refer to the application as being approved as proposed. One specific condition
(#8) is of particular concern for the current proposal. Specifically, condition number 8
states that
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Isis Theater Land Use Application
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~ doe~ ~l~ +nor?
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'''' appliw,,' ,,,,"II be "''P"",'''e 1m ~.~ .:"~~,, """ t"
after the issuance of a e.O. [Certificate of Occupancy] 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 [full-time equivalents], the applicant shall be required to mitigate any
additional employees according to the Guidelines in affect at the 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.
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In other words, the approvals for employee generation and the level of mitigation
(affordable housing) required were limited to the Isis Theatre project only. It was
intended that any expansion or change-in-use would require additional analysis to ensure
that employee housing needs would be reassessed City staff explained in their memo of
January 8, 1995 to City Council that, "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 [Historic Preservation Commission] or staff would support additional units on the
roof-top. which would effectively restrict additional on-site housing to the interior of the
structure."
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As part of the GMQS exemption requests, recommendations were required from
the Growth Management Commission (GMC). The GMC and Planning and Zoning
Commission were required to consider parking demands and mitigation of these demands
as part of their approval. However, the parking standard applicable to the particular
GMQS exemption used states that, "Parking shall be provided according to the standards
of Article 5. Division 2 and Division 3 [since amended to Chapter 26515], 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 [since amended to Chapter 26.415]. Any parking which
cannot be located on-site and which would therefore be required to be provided via cash-
in-lieu payment shall be waived." As a result, no parking was provided on-site, and no
payment-in-lieu was required.
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2, City Council Ordinance Number 58-95
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This ordinance designated the property and building as a local historic landmark.
Designation was required in order to be eligible for the GMQS exemption,
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Isis Theater Land Use Application
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3, City Council Ordinance Number 59-95
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This ordinance approved the project's required on-site affordable housing units.
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4. Amendment of Resolution 36-95
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As mentioned above, at their March 19, 1996 meeting, the Planning and Zoning
Commission approved a subsequent request to amend their previous approval, such that
an additional theatre (5 instead of the previously approved 4) could be included within the
structure. The approved revisions effectively increased the allowable floor area (FAR)
and net leasable space. The approved floor area was increased from 16,303 square feet to
16,416 square feet (an increase of 113 square feet), bringing the allowable FAR from
. 1.81: I to 1.82: I. The approved net leasable area was increased from 11,216 square feet
to 15,671 square feet (an increase of 4,455 square feet). No changes to the employee
housing requirements, open space approval, or trash and utility area were required in
connection with the approved revisions.
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In effect, the approvals allowed for the following:
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FLOOR ORIGINAL APPROVALS 1996 AMENDMENTS
LEVEL FAR N.L. SEATS FAR N.L. SEATS
LOWER --- 4,133 320 --- 4,133 320
GROUND 10,623 7,083 560 10,736 11,538 560
SECOND 5,680 --- --- 5,680 u_ ---
TOTAL 16,303 11,216 880 16,416 15,671 880
NL represents net leasable area in square feet, and FAR represents floor area in square feet
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5, City Council Ordinance 45-96
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This ordinance provided for a code amendment permitting the Planning and Zoning
Commission, as part of the Special Review Process, to "allow the required payment-in-lieu
to be amortized in equal payments over period of up to five years, without interest"
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Isis Theater Land Use Application
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6. Final HPC Approval
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On March 12, 1997, the HPC granted final approval to the proposed
redevelopment of the Isis Theater by a 4-1 vote. This included approval of the
architecture and site plan.
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7. City Council Resolution 98-18
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In March of 1988 the Isis applicants came before City Council seeking an
. additional five-year deferral before the required payments-in-lieu of open space begin.
Resolution 98-18 granted the deferral with two conditions. The first condition established
that the five $50,000 per year payments, without interest, will begin on the fifth
anniversary after the date of issuance of the building permit rather than in year one. The
second condition stipulated that, if the property is not redeveloped according to the site
specific development plan for the renovation of the building as theaters, as represented to
and approved by City Council via Ordinance 59-95, the payment schedule will be
considered null and void.
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8, HPC Amendments to Final Approval
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On March 10, 1999 the HPC approved an amendment to the Isis Final Approval
allowing modifications to the design and materials used on the exterior of the free market
unit to be constructed on top of the theater. On September 8, 1999, the HPC approved
another amendment relating to the free market residential unit
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PROJECT SITE (EXISTING CONDmONS):
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The Isis Theater resides on the northeast corner of East Hopkins Avenue and
South Mill Street, next to the station of the Aspen Fire Protection District The 9,027
square foot property is generally described as Lots L, M and N, Block 87, City and
Townsite of Aspen. The site is within the CC, Commercial Core, Zone District, and is a
designated historic landmark within an Historic Overlay District Neighboring properties
in addition to the fire station (to the east) include, Fox Photo and Wells Fargo Bank to the
west, Fitigues and other boutiques to the south (across Hopkins Avenue), and the Cantina
to the north (across the alley), The site and structure are presently served by all major
utilities, including water, sewer, electric, telephone, cable television and natural gas.
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Isis Theater Land Use Application
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As indicated by the chart above, the existing two story Isis Theater building (aIkIa
the H. Webber building) includes roughly 16,420 square feet of floor area, 15,670 square
feet of net leasable area, and 880 seats among five movie theaters The main/ground level
includes two movie theaters with stadium seating as well as stairs to the level below, a
. lobby, a ticket sales area, a concession stand, fire exits, and an entryway with stairs and an
elevator providing access to the residential units above. The lower level includes three
movie theaters, fire exists, men's and women's bathrooms, a lobby, and a concession
stand. In addition, both levels have mezzanine spaces used as projection rooms. The
second floor includes one free market residence and the two deed restricted three-
bedroom units.
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None of the existing space in the lower level counts as floor area under the terms
of the Code. The ground/main level includes approximately 10,740 square feet of floor
area, including the mezzanine level projection room. Finally, the second floor residential
units consume approximately 5,680 square feet of floor area, roughly 2,610 square feet of
which are within the two affordable housing units. In terms of net leasable space, the
lower level provides approximately 4,13 5 square feet and the main level has roughly
11,540 square feet There is no net leasable space on the second floor. Each of the two
theaters on the ground level maintain approximately 270 seats, In the lower level, the
center and easterly theaters have approximately 118 seats each while the westerly theater
has about 105 seats,
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IV. PROPOSED DEVELOPMENT ALTERNATIVES:
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As mentioned in the Introduction, this application seeks approval of two
alternatives that would amend the 1995 development order for the Isis Theater growth
management quota system (GMQS) exemption. In accord with the goals of both the
applicant and the citizens of Aspen, both of the proposed alternatives provide for
maintaining movie theater operations at the Isis,
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Alternative one seeks approval to convert the westerly ground level theater to
approximately 3,000 square feet of commercial space, thereby maintaining four theaters
(the easterly ground level theater and the three below grade) The maintenance of four
theaters would be consistent with the original Isis approvals. The second alternative
would provide for converting both ground level theaters to approximately 6,000 square
Isis Theater Land Use Application
Page 8
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feet of commercial space and maintaining three movie theaters below street level. Also
under the second alternative, the projection room associated with the two ground level
theaters would be converted to accessory space (i.e., storage and inventory area) for the
new commercial areas.
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While alternative one contemplates reconfiguration of approximately 3,000 square
feet of floor area into non-theater commercial space, not all of this floor area will count as
net leasable space under the terms of the Code. Likewise, not all of the 6,000 square feet
that would be reconfigured under alternative two will count as net leasable space. That is,
Section 26.104.100, Definitions, of the Code provides that areas including, but not
necessarily limited to, those dedicated to bathrooms, stairways, circulation corridors,
mechanical areas, and storage areas used solely by tenants on site are not counted as "net
leasable space. " Until specific tenants are found, the exact configuration of the floor space
and, thus, the amount of net leasable space, will not be known or otherwise decided.
However, some of the square footage will certainly be used solely by the tenants for
bathrooms, circulation corridors, and storage.
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Neither alternative would involve any changes to the exterior of the structure,
making HPC review and approval unnecessary. Furthermore, neither alternative would
involve any changes to the lower level spaces. Under both alternatives, the existing doors
most recently used for movie theater access would no longer serve the theaters, but would
become the means of entering and exiting the non-movie commercial space (see attached
floor plans). Under both alternatives, as described above, access to the movie theaters
would be through the ground level doors on the east side of the building front (but not the
doors that access the elevator and stairs for the residential units above).
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For alternative one, these doors would enter into a lobby/concession/ticket sales
area and the existing stairs would continue to provide access to the lower level. For
alternative two, the doors would enter into a lobby/ticket sales area and concessions
would be sold at the existing space in the lower level. Under either alternative, all of the
storefront windows will be dedicated to the tenants of the non-movie theater space.
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While condition number eight of Resolution 36-95 requires a re-evaluation of the
employee generation figures for purposes of determining a new housing mitigation
requirement, such a re-evaluation cannot start from ground zero. In other words, the re-
evaluation must be based on the incremental impacts of the conversion and a credit for
existing housing must be accounted for In conjunction with the analysis of employee
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generation, it must be remembered that City staff eXplained in their memo of January 8,
1995 to City Council that, "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
[Historic Preservation Commission] or staff would support additional units on the roof-
top, which would effectively restrict additional on-site housing to the interior of the
structure." New mitigation in the form of cash-in-lieu or off-site buy-down of existing
units would be the only available options for the current proposal(s).
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Since the amount of net leasable space within the structure is really not changing
as a result of the reconflguration and change in occupancy, the existing and approved
trash/utility area will continue to be adequate. As such, there is no reason to re-evaluate
the size of the trash/utility area through the Special Review or any other process,
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With regard to open space, City Council Resolution Number 98-18 explains that
the deferred cash-in-lieu of open space payments will begin on the fifth anniversary after
the date of issuance of a building permit for the now existing Isis Theater. The Resolution
further stipulates that, if the property is not redeveloped according to the site-specific
development plan for the renovation of the building as theaters, as represented to and
approved by City Council via Ordinance 59-95, the deferred payment schedule will be
considered null and void.
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In accordance with these terms, the deferred payment schedule should certainly be
maintained since the building was renovated as theaters according to the site-specific
development plan approval granted by the City. The applicant's end of the contract
agreement represented by the Resolution has been upheld. Nothing in the current
proposal changes the existing development's compliance with the terms of the approved
open space payment schedule, Note that the terms of the Resolution make no mention of
nullifYing the deferred payment schedule in the event of changes to the structure
subsequent to compliance with the provisions of the Resolution. Furthermore, both of the
currently proposed alternatives maintain multi-screen movie theater operations in the
existing building and are, thusly, consistent with the spirit of the deferred payment plan
conditions,
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With respect to parking, the majority of the structure will continue to be used for
movie theater operations. Such operations require parking in the evening when more
spaces are available in the Rio Grande Garage and after typical business hours for most
Isis Theater Land Use Application
Page 10
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downtown retailers and offices. In this way, theater use is complementary to downtown
parking needs. Irrespective of such logic, the applicable GMQS Exemption of the Code
(Section 26.470.070(D)(5)(b)) clearly and directly provides that, "Any parking that
cannot be located on-site and that would therefore be required to be provided via a cash-
in-lieu payment shall be waived"
...
The subject property is fully covered by the existing structure and on-site parking
IS a physical impossibility. The standard provides, in no uncertain terms, that the
otherwise applicable payments of cash-in-lieu of parking shall be waived. There are no
criteria for this determination, As such, the above-cited Code language really renders any
arguments associated with parking demand moot. In other words, while a parking
demand may be theoretically attributable to the proposed conversion alternatives, any
otherwise applicable requirements to mitigate such demands are waived.
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V. REVIEW REQUlREMENTS:
-
The Aspen Land Use Code (the "Code") does not provide a process that truly
addresses the type of requests being made herein. That is, the existing theater is a
"commercial" use and this application seeks to reconfigure the existing spaces for use by a
different type(s) of commercial operation. Thus, there is no "change in use," per se, as the
structure will be going from one type of commercial use to another. Nevertheless, as part
of the 1995 approvals for the Isis expansion, it was made clear in Planning and Zoning
Commission Resolution Number 36-95 that,';E:e. ~f.pr?~'!~~"!P.'()l.~~ calf'!.!C:!~(J,~~,oji!,':!!
(5) employres is only. .applicable to the Isis project, and any future uses will require re-
-,~..""."...~"" -,' , .,,,.......... ,- ., - ". ""',- .,.'
ev~luation for mitigation. p~rp();~f,~'" . ,. ..' - .
~"
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The term "re-evaluation," as used in Resolution 36-95, implies a need for review
against the same GMQS Exemption standards used in approving the original application.
Thus and in accordance with the pre-application conference summary prepared by staff of
the Aspen Community Development Department (Exhibit #3), this application addresses
such a re-evaluation against the standards of Section 26.470.070(D)(5). Although the
process associated with Section 26.470070(D)(5) GMQS exemptions requires review and
approval by the Growth Management Commission only, it is suggested that this
application be decided upon by City Council after receiving a recommendation from the W .
Growth Management Commission in recognition of the fact that the associated review
process has changed since the previous approvals were granted
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Isis Theater Land Use Application
Page II
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In summary, since none of the Historic Landmark GMQS Exemptions are directly
applicable, this amendment needs to be re-evaluated against the same standards as were
used in the review and granting of the original GMQS exemption. The original approvals
were granted pursuant to Section 26.470.070(D)(3)(b) as an enlargement in FAR and net
leasable square footage for commercial use. The standards applicable to that review are
those of Section 26.470.070(D)(5). Said standards are provided below in indented and
italicized print and each is followed by a response demonstrating consistency and/or
compliance therewith, as applicable. It must be demonstrated that, as a result of the
development, mitigation of the project's community impacts will be addressed as follows:
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(a) Affordable Housing
(1) For an enlargement to the maximum floor area permitted under the
external floor area ratio for the applicable zone district (excluding any
bonus floor area permitted by special reviev.), the applicant shall provide
affordable housing at one-hundred (100) percent of the level that would
meet the threshold required in Section 26.470.080(C)(5) [incorrect
citation, should instead refer to Section 26.470.l00(C)(3)] for the
applicable use. For each one percent reduction in floor area below the
maximum permitted under the external floor are ratio for the applicable
zone district (excluding any bonus floor area permitted by special review),
the ajJordable housing requirement shall be reduced by one percent.
(2) The applicant shall place a restriction on the property, to the satisfaction
of the City Attorney, requiring that if, in the fiJture, additional floor area
is requested, the owner shall provide affordable housing mitigation at the
then current standard~.
(3) 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/Pitkin County
Housing Authority.
(4) Any affordable housing shall comply with the standards for ajJordable
housing set forth in the Aspen/Pitkin County Affordable Housing
Guidelines.
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As the existing structure already exceeds the 1.5: I external 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 Since this application is being
reviewed as a re-evaluation of existing space, the proposed use of the net leasable space
must be considered against the existing net leasable space.
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Isis Theater Land Use Application
Page 12
.,.
It was accepted by the City that the five theater operation would require an actual
level of employment equaling five (5) full-time equivalents consisting of a manager, and
assistant manager, a projectionist, and four part-time employees for ticket sales and
concessions. The proposed alternatives of maintaining either three or four theaters will
. require the same level of staffing as the five theaters, The new requirement must be
assessed on the incremental impact of converting existing space to a different commercial
use.
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While alternative one contemplates reconfiguration of approximately 3,000 square
feet of floor area into non-theater commercial space, not all of this floor area will count as
net leasable space under the terms of the Code. Likewise, not all of the 6,000 square feet
that would be reconfigured under alternative two will count as net leasable space. That is,
Section 26.104.100, Definitions, of the Code provides that areas including, but not
necessarily limited to, those dedicated to bathrooms, stairways, circulation corridors,
mechanical areas, and storage areas used solely by tenants on site are not counted as "net
leasable space," Until specific tenants are found, the exact configuration of the floor space
and, thus, the amount of net leasable space resulting from the two alternatives, will not be
known or otherwise decided. However, some of the square footage will certainly be used
solely by the tenants for bathrooms, circulation corridors, and storage
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As such, the sample calculations provided below are intended only to demonstrate
the means by which the employee generation determinations are to be made under the
terms of the Land Use Code. Once actual building permit plans are submitted to the City
for the development of alternative one or two, the actual amount of net leasable space
being developed will have to be substituted into the formulas demonstrated below. Thus,
the applicant would theoretically be required to house approximately 5.3 or II. 6
employees if 3,000 or 6,000 square feet of net leasable space were to result from the
reconfiguration, respectively. These numbers are arrived at as follows:
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ALTERNATIVE ONE:
(3,000 square feet 71,000) x 3,5 employees = Total Employees Generated
3 x 3.5 = 10.5 Total Employees Generated
Total Employees Generated x 60% ~ Employees to be Housed
10.5 employees x 60% = 6.3 Employees to be Housed
6.3 Employees to be Housed + (5 Total Theater Employees x 60%) =
a Total Mitigation Requirement of 11.3 employees to be housed
Isis Theater Land Use Application
Page 13
q.'1:J
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Since two 3-bedroom units of deed restricted housing have already been provided,
a total of six employees have been housed. With a total mitigation requirement of 11.3
employees to be housed and housing for six employees having already been provided, the
outstanding balance of housing mitigation required after completion of Alternative One
(with 3,000 square feet of net leasable space) would be 5.3 employees (11.3 - 6).
3,'?
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ALTERNATIVE TWO:
(6,000 square feet ~ 1,000) x 3.5 employees = Total Employees Generated
6 x 3.5 = 21 Total Employees Generated
Total Employees Generated x 60% = Employees to be Housed
21 employees x 60% = 12.6 Employees to be Housed
12.6 Employees to be Housed + (5 Total Theater Employees x 60%) =
a Total Mitigation Requirement of 17,6 employees to be housed
'-oil
l'S'to
Since two 3-bedroom units of deed restricted housing have already been provided,
a total of six employees have been housed. With a total mitigation requirement of 17.6
employees to be housed and housing for six employees having already been provided, the
outstanding balance of housing mitigation required after completion of Alternative Two
(with 6,000 square feet of net leasable space) would be 11.6 employees (17.6 - 6).
"l.~
? ' The applicant will be amenable to a condition requiring a restriction be placed on
. the property, to the satisfaction of the City Attorney, requiring that any future requests for
additional floor area will include affordable housing mitigation at the then current
~ The additional housing to be provided as a result of this application will be
provided as either buy-down of existing off-site units or via cash-in-lieu of such units. In
the event that buy-down units are used to mitigate the development, the units will be deed
restricted at a level consistent with the Category 3 parameters set forth in the Housing
Guidelines. If cash-in-lieu is used, the prescribed formula of the Housing Guidelines will
be followed.
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It is the applicant's understanding that staff of the Community Development
Department will be conducting an analysis of so-called "E. S. 202" data as part of the
review of this application. That analysis is expected to provide the most reliable estimate
of real staffing needs based on other downtown Aspen businesses. Should this analysis
demonstrate that less employee generation can be expected than arrived at through the
Isis Theater Land Use Application
Page 14
above calculations, the applicant expects that the mitigation requirements will be based on
the results of the E. S. 202 analysis.
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Given that the above provided calculations imply the need for 10.5 full-time
equivalent employees for 3,000 square feet of net leasable commercial space and 21 full-
time equivalent employees for 6,000 square feet of net leasable commercial space, the
applicant believes these figures will far exceed actual employment levels. If higher
employee generation numbers are reached in the City's review of this application or
through the E. S. 202 analysis, the applicant would like to reserve the right to provide an
actual staffing plan for the proposed space based on similar spaces and uses found in the
commercial core.
...
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(b) Parking. Parking shall be provided according to the standards of Chapter
26,515, if the Historical Preservation Commission determines that parking
can be provided on the site's surface and be consistent with the review
standards of Chapter 26.415, if applicable. Any parking that cannot be
located on-site and that would therefore be required to be provided via a
cash-in-lieu payment shall be waived.
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The majority of the structure will continue to be used for movie theater operations.
Such operations require parking in the evening when more spaces are available in the Rio
Grande Garage and after typical business hours for most downtown retailers and offices.
In this way, theater use is complementary to downtown parking needs. Irrespective of
such logic, the standard clearly and directly provides that, "Any parking that cannot be
located on-site and that would therefore be required to be provided via a cash-in-lieu
payment shall be waived."
The subject property is fully covered by the existing structure and on-site surface
parking is a physical impossibility. The above standard provides, in no uncertain terms,
that the otherwise applicable payments of cash-in-lieu of parking shall be waived. There
are no criteria for this determination. As such, the above-cited Code language really
renders any arguments associated with parking demand moot. In other words, while a
parking demand may be theoretically attributable to the proposed conversion alternatives,
any otherwise applicable requirements to mitigate such demands are waived,
(c) Off Site Impacts. Ihe development's water supply, sewage treatment, solid
waste disposal, drainage control, transportation and fire protection impacts
shall be mitigated to the satisfaction of the Growth Management Commission.
Isis 111eater Land Use Application
Pagc 15
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All existing utilities and drainage improvements were established in a manner
which complies with the standards of the City Engineering, Building, Water and Electric
Departments as well as all service providers. No changes to these utilities or services will
be required in association with the remodel alternatives proposed herein. No adverse
impacts to the adjacent street system are anticipated nor can any be reasonably attributed
to the alternatives proposed herein, especially in consideration of the pedestrian nature of
the downtown core and the availability of parking at the Rio Grande Garage. With the
decreased maximum occupancy loads associated with the conversion of theater space to
. non-theater commercial space, fire protection impacts will be decreased.
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(d) Compatibility. 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 to 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.
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Satisfaction of this standard was found In connection with the revIew of the
original Isis Theater expansion and there are no changes proposed to the now existing site
design. Since the amount of net leasable space within the structure is really not changing
as a result of the reconfiguration and change in occupancy, the existing and approved
trash/utility area will continue to be adequate, As such, there is no reason to re-evaluate
the size of the trash/utility area through the Special Review or any other process.
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It was found in connection with the previous review processes that the
maintenance of open space on the subject site would not be appropriate at the given
location within the downtown core. As such, cash-in-lieu of open space was required and
the amount due was to be deferred and amortized. City Council Resolution Number 98-
18 explains that the deferred cash-in-lieu of open space payments will begin on the fifth
anniversary after the date of issuance of a building permit for the now existing Isis
Theater. The Resolution further stipulates that, if the property is not redeveloped
according to the site-specific development plan for the renovation of the building as
theaters, as represented to and approved by City Council via Ordinance 59-95, the
deferred payment schedule will be considered null and void.
...
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In accordance with the terms of Resolution 98-18, the deferred payment schedule
should certainly be maintained since the building was renovated as theaters according to
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Isis Theater Land Use Application
Page 16
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the site-specific development plan approval granted by the City. The applicant's end of
the contract agreement represented by the Resolution has been upheld. Nothing in the
current proposal changes the existing development's compliance with the terms of the
approved open space payment schedule. Note that the terms of the Resolution make no
mention of nullifYing the deferred payment schedule in the event of changes to the
. structure subsequent to compliance with the provisions of the Resolution. Furthermore,
both of the currently proposed alternatives maintain multi-screen movie theater operations
in the existing building and are, thusly, consistent with the spirit of the conditions attached
to the deferred payment plan.
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VI.
VESTED PROPERTY RIGHTS:
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In order to preserve the land use approvals which may be obtained as a result of
this application, the applicants hereby request vested property rights status pursuant to the
provisions of Chapter 26.308 of the Regulations. It is our understanding that final
approval of the proposed development must be granted by ordinance of the City Council
to establish such status. It is also our understanding that no specific submission
requirements, or review criteria other than a public hearing, are required to confer such
status,
.f8.
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A ballot measure will be put to the City of Aspen voters in May, 2001 asking them
to approve a tax that would fund a City of Aspen leasehold (with an option to purchase)
to maintain movie and other theater operations at the Isis. The owners of the Isis property
are doing all they can to help ensure the approval of the ballot measure, and truly hope
that it passes. Given the uncertainly with regard to the potential for the tax being
approved and the uncertainty with regard to what would happen if an approved lease were
to expire without the purchase option being exercised, the owners of the Isis property are
submitting this application an requesting vested property rights status as a set of
contingency plans.
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If approved, the ballot measure proposing a 0.2 percent sales tax is expected to
generate enough funds for the City of Aspen to lease the Isis Theater. If it wins approval,
the tax would begin July 1,2001, and end June 30,2005, therefore, funding only a four-
year lease, While the lease proposed by the applicants to the City provides extensions of
up to sixteen more years, voter approval of an extension to the tax would be necessary to
continue leasing the theater. Since it remains possible that the City may not lease or
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Isis Theater Land Use Application
Page 17
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purchase the Isis property, the standard three year period of vested property rights is
. requested along with the project's various approvals. It is also requested that an extended
vesting period be granted along with the land use approvals to protect the entitlements for
a period of three years beyond the terms of the City of Aspen leasehold on the property,
should such leasehold become a reality.
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...
...
If the City should lease the Isis for four years but not extend that lease or purchase
the property, the applicants should not have to start this application and approval process
over again. Likewise, if the City should lease the property and exercise one or more four-
year extensions of the lease without ever purchasing the property, the applicants will need
to have preserved the approvals obtained through this application.
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Isis Theater Land Use Application
Page 18
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,,101
EXHIBITS
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Exhibit # 1: Proof of Ownership
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Exhibit #2: Land Use Application Form
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Exhibit #3: Pre-Application Conference Summary
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Exhibit #4: Letter of authorization for both Haas Land Planning, LLC,
Planning Consultants, and Cunniffe Architects to represent
the applicant/owner
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Exhibit #5: Summary and Copies of Previous Approvals
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Exhibit #6: List of Property Owners Within 300 Feet of Subject Property
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Exhibit #7: Signed and Executed Fee Agreement
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EXHIBIT # 2
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PROJECT:
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Name:
Location:
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ApPUCANT:
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Name:
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Address:
Phone #:
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REPRESENTATNE:
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Name:
Address:
Phone #:
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LAND USE ApPLICATION
ro riate)
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TYPE OF ApPLICATION: (please check all that apply):
0 Conditional Use D Conceptual PUD , D Conceptual Historic Devt.
0 Special Review D Final PUD/PUD Amendment) D Final Historic Development
0 Design Review Appeal D Conceptual SPA D Minor Historic Devt.
o GMQS Allotment D Final SPA (& SPA Amendment) D Historic Demolition
G(' GMQS Exemption D Subdivision D Historic Designation
0 ESA - 8040 GreenJine, D Subdivision Exemption (includes D Small Lodge Conversion!
Stream Margin, Hallam Lake condominiumization) Expansion
Bluff, Mountain View Plane l{(
0 Lot Split D Temporary Use Other: eX"16J1JeD
0 Lot Line Adjustment D Text/Map Amendment V5-rel> R-\6ttTS.
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rovals, etc.)
EXISTING CONDITIONS: descri tion of existin
- 5~&WI'l'OlI€'~
PROPOSAL: descri tion of ro osed buildin s, uses, modifications, etc.
AI."f. ~: 4 ~N fVll>"I'~ "lft€'A-IdL + A;P~ ?J/X1)!2f OF ~MGR.C.I/tt,.. ~
t."'- T~: 3 If t- 1(, ~ ()(Xjf OF eRel sfhtE
FEES DUE:$ ~ 13), 2!!-
Have you attached the following? .
IDre-APPlication Conference Summary
Attachment #1, Signed Fee Agreement
- Response to Attachment #2, Dimensional Requirements Form
Gr...Response to Attachment #3, Minimum Submission Contents
1.0 Response to Attachment #4, Specific Submission Contents
c;:rResponse to Attachment #5, Review Standards for Your Application
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EXHIBIT # 3
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CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
- PLANNER:
Chris Bendon, 920.5072
DATE: 4.26.01
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PROJECT:
- REPRESENTATIVE:
_ OWNER:
TYPE OF APPLICATION:
- DESCRIPTION:
Isis Theatre Retail Conversion
Mitch Haas
Isis, LLC. Sam Houston, managing partner
1 step - GMQS exemption
Redevelopment of the Isis Theatre was approved with significant representation of the use
remaining a theater. As such, certain decisions were made regarding the proper mitigation
methods for the impacts associated with the specific use. Requirements that the project be
re-reviewed ifthe theatre use discontinued were expressed in the approvals. Staff and
applicant agree that this "r€Heview" should utilize the same GMQS exemption provision as
originally used for the project.
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The applicant is considering two options for converting the first floor of the building to
retail. These consist of converting one or both of the upstairs theaters. In either scenario,
the applicant is not affecting the use of the downstairs theaters. Application may propose
two scenarios or a "phased" development.
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The Land Use Code suggests 3.5 to 5.25 employees are generated per 1,000 square feet of
net leasable. The applicant and planning staff are interested in a more in-depth review of
commercial employee generation for typical Commercial Core businesses. The staff
review of the application will include a review of "ES202" employment data for a fair cross
section of core businesses for comparison purposes. It is not implied that this malysis will
replace the Land Use Code range noted above or that decision-making boards will be bound
be any results determined by such analysis.
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Applicant may want to extend vested right period to accommodate public lease of theaters.
(Depends upon pending public vote.) City Council may extend the vested rights period at a
public hearing.
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land Use Code Sections:
26.710,140 Commercial Core Zone District
_ 26,470,070,D,3,b Growth Management Exemption for Historic landmark Enlargement
26,304 Common Development Review Procedures
26,308 Vested Rights
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Public Hearing:
Staff for Completeness, Community Development Director for recommendation, Growth
Management Commission for approval, City Council for vested rights extension beyond normal 3
years.
Yes, GMC and City Council (CC for vested right extension only). Minimum notice is
publication in the newspaper. City may request a poster notice be placed in the window of the
building for additional public awareness.
Housing
$2405 (deposit)
Housing $345
$2,750 (additional hours are billed at a rate of$205/hour).
Review by:
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- Referral Agencies:
_ Planning Fees:
Referral Agency Fees:
Total Deposit:
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To apply, submit the following information:
] . Proof of ownership and letter signed by the applicant stating representative authorization,
2. Signed fee agreement
3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing
the names of all owners ofthe property, and all mortgages, judgments, liens, easements, contracts and agreements
affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
4. Total deposit for review of the application
5. 20 Copies of the complete application packet and maps.
6. An 8 1/2" by ] I" vicinity map locating the parcel within the City of Aspen.
7. Site improvement survey - waived
8. Additional materials as required by the specific review. Please refer to the application packet for specific
submittal requirements or to the code sections noted above.
9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include existing
conditions as well as proposed.
] O. Description of employee generation method used for previous approval and mitigation provided. Description of
employee needs for remaining theater operation.
I ]. Copies of prior approvals.
_ . A site improvement survey is not required.
Notes:
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. Please include a suggested list of business types representative of commercial core land uses for employment
analysis.
. Staff does not suggest an approval limited to a certain type of use and subject to another re-review or an audit.
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Minimum requirements for public noticing are a general notice in the newspaper. The City may request a public
notice sign be placed in the window ofthe building.
A "significant" planning review deposit is being used based on the probable hours this review will require. In any
scenario, review fees are based on actual review time.
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. This pre-app assumes no changes to exterior of the building, If exterior changes are necessary, even seemingly
insignificant such as additional alley access for loading, additional review may be necessary.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is
_ subject to change in the future, and upon factual representations that mayor may not be accurate. The summary does not create a
legal or vested right.
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EXHIBIT # 4
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May 1, 2001
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Isis, LLC
c/o Sam Houston, Manager
308 South Galena Street
Aspen, CO 81611
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Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611-1975
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Re: Isis GMQS Re-Evaluation Application
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To whom it may concern:
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I hereby authorize both Haas Land Planning, LLC, Planning Consultants, and
Charles Cunniffe Architects to act as our designated and authorized representatives with
respect to the land use application being submitted to your office for our Isis Theater
property. Haas Land Planning, LLC, and Charles Cunniffe Architects are authorized to
submit an application for GMQS Exemption and Vested Property Rights on our property.
They, or their assigns, are authorized to represent us in meetings with City staff, boards,
commissions, and the City Council.
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Should you have any need to contact me during the course of your review, please
do so through Haas Land Planning, LLC, whose address and telephone number are
provided in the application
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Sincerely,
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Isis, LLC
Sam Houston, Manager
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EXHIBIT # 5
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MAH 4-01 WED j 2: 26 )'M HOU;, TON & GOLDSMI TH
FAX NO, 9709203003
P. 1
111.,,1
Memo
SL~~ CL.\l.:SOl"l A'SSCXIArr.s. lL(:
Pla.tlr1inx . L",bt1n Daign
Traruportarwn 5lUdi~s
Proju.c _\141tagCl'J'l~ru
200 ~'I ~I~ 5.TIlEET
AsPE:-;. <.:OLOR....tk;l S 1611
T'E.LEPH.O~i; 970.9l3.2323
F",c 970.920.1628
!-.'\f,.41L: dausoni&csLcoTn
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To: Julie Ann Woods, City of Aspen
Community Development DirectOf'
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From:
CC:
Date:
Re:
Stan Clauson, A/CP. ASLA
John WOf'cester, City Attorney
27 -Dec-OO
Isis Theatre Approval Review
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Annotated Documents List
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HPC Approvals
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The HPC approval record begins with a Conceptual Approval Public Hearing on 23
August 1995, carries through a number of worKsessions with the HPC. and
culminates in a Final Review Hearing on 12 March 1997. As a parallel activity. the
Isis LLC sought HPC Landmark Designation fOf' the site and structure, Landmark
designation permitted greater development flexibility for the site and ensured HPC
review of the project. Landmark status was granted by Ordinance #58, series of
1995, nle key documents relating to the HPC review are summarized below.
1, Minutes-Conceptual Public Hearing, 23 August 1995
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Discussion largely focuses on the addition of residential development to the top of
the existing building. However, there is also considerable discussion favoring the
theater renovation. Jake Vickery, then a member of the HPC, states a dissenting
opinion that "' am perfectly willing to get rid of the theater. I \\QuId rather have the
building than the theater use: However, most other opinions agree with Harley
Baldwin. attending the hearing as a concerned citizen: "This is one of the top ten
buildings in dO'Mllo'Ml and the theater use is fabulous, I feel the theater-; will add
life to the dO'M'ltO\'\ll1.' Conceptual approval is granted with conditions fQClJssing
on a restudy of the rooftop residential units. along with the elevator and stair
tower.
2. Minutes-WorI<:session, 27 September 1995
ThiS worksession brought continuing debate on Ihe rooftop units, and the need
for setbacks from the existing building and Ihe use of distinguishably different
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P:.' ,;: (\ Of~.-';,:;.. _' .;, -'.' F'~ L,:'.':'-Il'>.'/T!!""':; \" ,-. ?::I'. IT:; .sIi"C:-,~".-. l_-,_.";'.'-,
MAk-14-Ul WEV 1~:Zb PM HOUSTON & GOLDSMITH
FAX NO. 9709203003
P. 1.
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materials for the new portions. HPC member Sven Alstrom slates: "' approved
conceptual because of the importance of the Isis and the revitalization, This does
not look like a renovation project to me, I approved conceptual largely because of
the housing program and the theater expansion.... It is very important that Y;e
resolve the architectural solution before we go to final. "
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3. Minutes-Worl<session, 8 November 1995
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Historic Preservation officer Amy Guthrie states: 'We have a new rendering in the
packet and they are scheduled to go to P&Z." Chair DOI'Vlelly Erdman concludes
the meeting stating that the main issue is the choice of exterior materials. Roger
Moyer states that he feels "The design is great. f
4. Minutes-Worksession, 14 Febl\J3ry 1996
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This worl<session focussed on materials.
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5. Minutes-Proposed amendments to Conceptual Approval, 10 July 1996
Discussion focussed on the west wall projecting behind the Fox Photo building
toward the alley \M1ich has some issues with the masonry. The architect
recommended removing and rebuilding the existing wall. This was approved with
conditions as to the nature of the reconstruction.
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6. Memo to HPC reo Extension of Conceptual Approval, 22 January 1997
This memo recommends a motion to extend conceptual approval for the Isis
Theater to 23 August 1997. Allhough no minutes of the approval of that motion
were provided, it appears that conceptual approval was extended,
7, Memo. Resolution, and Minutes granting Final HPC Approval, 12 March 1997
Approval was granted on a 4-1 vole by the HPC, Conditions related to providing
samples of materials, retaining the "Isis. sign, repair of historic materials, creation
of a story board. ete. There were no conditions relating to the interior use of the
structure.
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8, Informational memo relating to construction start and HPC monitoring, 8 April
1998
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9, Further informational memo relating to construction start, 24 July 1998
This memo from Amy Guthrie enumerates four conditions lM'lich were clarified
during April, 1998 site visits. All four conditions relate to construction practices
and issues
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10. Memo and Resolution amending Final HPC Approval, 10 March 1999
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MAR-14-0J WED 12:27 PM HOOSTON & GOLDSMITH
FAX 110. 970920300~
P. 3
These amendments all relate to the design and malerials used in the exterior of
, the free market unit 10 be constructed on top of the theater,
11. Memo relating to further amendmenls for the free-market residential unit, 8
September 1999.
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Open Space Text Amendment and Deferral Resolution
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On 2 October 1996, the Isis llC filed a request for a lext amendmentlM1ich VKluld
have eliminated Ihe requirement for a cash-in lieu payment >MIen "the HPC approves
the on-site relocation and/or expansion of an HistoriC Landmark into required open
space .. : In seeking this text amendmenl, the applicanls noted t/'lat this change
VKluld be consistent with the current possibility of waiving the parking cash-in-lieu
requiremenl as provided in the Aspen land Use Code, Staff recommended denial of
t/'lis Code Amendment request, noting that the open space cash-in-lieu requirement
is useful for funding open space and mall improvement objectives in the Commerdal
Core.
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However, staff recommended the possibility of a deferral of fees. >MIich was
approved by Council as Ordinance No. 45, Series of 1996. This change to the code
permitted the Planning & Zoning Commission, as part of a Special Review process,
to 'allow the required payment-in-Iieu to be amortized in equal payments over a
period of up to five years, without inlerest" HO\Never, in March 1998, Isis came
before Council seeking an additional five-year deferral befO/'e the required payments
begin,
In both the staff memorandum and in Resolution No. 98-18, granling the deferral,
reference is made to the value of a redeveloped theater to the community as a
reasonable basis for granting this extra relief, The resolulion provides the following
conditions:
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1, The five $50,000 per year payments, without interest, will begin on the
fifth anniversary after the date of issuance of the building penni!, rather
than in year 1 as currenUy required,
2. If the property is not redeveloped according to Ihe s;le specific
development plan for the renovation of the building as theaters, as
represented to, and approved by City Council via Ordinance #59,
Series of 1995, this payment schedule shall be considered null and
void,
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MAR-14-0J WED 1~:~7 PM HOUSTON & GOLDSMITH
FAX KO, 970920'003
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GMQS Exemption and Special Review
On 12 October 1995, Isis LLC applied for Historic Landmark Designation, GMOS
Exemption, and Special Review, The Historic Landmark Designation is covered
under the historic preservation section above, The GMOS Exemption is available
only for Historic Landmark properties, and permits the applicant to enlarge the floor
area Io\t1en 100% of the additional required affordable housing is provided as part of
the project. II is important to understand that the exemption provided is an exemption
from GMOS scoring and competition only, and not an exemption from other
requirements of the code,
In proposing two 3-bedroom affordable housi~ ynits, Isis stipulated that all
affordable housing requirements wwre met because a theater uses inherently fe'MiJr
employees than other commerdal uses. Sunny Vann, their planning consultant. in
his letter of application, provided an analysis that !he amount of expansion would
normally generate a requirement to house 11,45 employees based on the increase in
square footage. However, he stated that the Isis Theater 'M:luld require only five ful/-
time equivalent employees, On this basis, the affordable housing requirement was
deemed to be satisfied and an exemption ~ granted by the Planning & Zoning
Commission and City Council.
Similarly, the specific use'as a theater was the basis for a reduction in the parking
requirement. Under the Land Use code, historic properties do not have to pay a
cash-in-lieu payment for parking which cannot be provided on site. However, in
agreeing to this provision, substantial discussion was devoted to the idea that a
theater \'.QuId require parking in the evening lIIot1en more spaces were available in the
Rio Grande Garage and when on-street parking needs 'MiJre generally Jess severe.
Thus the theater use was considered to be complementary to the dO\olll')tov.n parking
needs, as opposed to a daytime commercial use lhat 'M:luld exacerbate those needs.
Finally, the Special review requests related to an increase in the allowable floor area
ratio to provide for the affordable housing, a reduction of the required area for trash
and utility service, and a reduction of the required open space.
Following is a summary of the documents relating to lhese approvals:
1. Application Letter from Sunny Vann, dated 12 October 1995
2. Planning & Zoning Commission Resolution No. 36, Series of 1995, dated
19 December 1995, approving a GMOS Exemption and Special Review
It should be noted that this approval specifICally requires an employee audit, f\\Q
years follOlllling the issuance of a Certificate of Occupancy, to determine if the
10llllElr level of employment projected for the Isis Theater is in fact correct. Any
additional employee generation determined by the audit 'M)lJld require additional
mitigation, The P&Z went on to say: "In addition, the approved employee
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calaJlation of five (5) employees is only applicable to the Isis project and any
fUture uses will require a r~valuation for mitigation purposes,'
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Memo from city planner Dave Michaelson to City Council recommending
approval of the Growth Management exemption for the Isis project, dated
8 January 1995
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In response to concems raised at first reading, Michaelson devotes a substantial
pollion of the memo to t\M:) specific issues:
(1) Is there a method to ensure that all approvals are contingent on the
continued use of the property as a theater? and
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(2) What is the potential increase in traffic due to the Isis proposal, and
-Mlat transportation management strategies could be included within
the approval to address the potential impact of doubling available
seating at the Isis?
Michaelson responds that "due to the unusually low ratio of employees per
square foot for theater uses, any char,IG9 in use would require significant
mitigation, either in the form of cash-in-lieu or off-site buy-dowl of existing units.
With respect to traffic, he notes: "The Planning commission did not require
specific mitigation for transportation impacts due to the pedestrian nature of tile
doIM1t01M1 core and the availabilitv of evenina parkinQ at the Rio Grande ParkinQ
GaraQe" [emphasis added],
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4.
City Council Ordinance No, 59, Series of 1995, appc-oving the proposed
affordable housing units in association with the remodel and renovation of
the Isis Theater, dated 8 January 1996.
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ConcIU$'ons from Document Review
Concll,lsions from the HPC Review
Reviewing the dOaJments that constitute the historical record of the HPC review
the follCMing conclusions may be drav.n:
1. The Isis Theater redevelopment went through an extensive review process
with the Historic Preservation Commission.
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2, The construction as undertaken appears to have satisfied the expectations
and conditions generated through the review process.
3. The applicants made it clear that their intention was to reuse the site as a
thealer.
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4. While a number of HPC members and the general public expressed the
sentiment that they favored granting the HPC design approvals because of
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RESOLUTION OF THE ASPEN PLANNING ANn 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
REDUCTIQN IN THE MINIMUM OPEN SPACE REQUIREMENT IN THE CC ZONE
D~STRICT FOR THE ISIS THEATER (LOTS L,M AND N, BLOCK 87)
CITY AND TOWNSITE OF ASPEN
RESOLUTION Sk...
(SERIES Of 1995)
WHEREAS, section 24-8-204.B.c, of the Aspen Municipal Code
allows the Planning and Zoning Commissio~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,ll of the Aspen Municipal Code
allows the Planning commission to grant Special Review approval to
exceed the allowable floor area of \t5:1 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 to reduce the minimum open
space requirement in the CC Zone District; and
WHEREAS, the Planning and Zoni ng 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 applici'lble standards as contained
in Chapter 24 uf 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 Arpi'l) and Division 4 of
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Article 7 (special Use Review Reduction
Planning and Zoning Commission has recommended
Theater's above mentioned requests; and
in Open Space) the
approval of the ISIS
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY QF ASPEN, COLORADO as follows:
That the Commission aphroves 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 reduqtion of the minimum open
space in the cc zone district, with the f0110wing 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 t~at 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,
J, 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
improvement survey, A note shall be provided on the survey
"all easements of record as indicated on Title policy No, (
dated ( ), have been shown hereon,"
site
that
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5, Any proposed landscaping shall be shown
development plan in the building permit application,
design shall be approved by the Parks Department
streetscape guidelines,
on the final
The landscape
and must meet
6, The applicant shall agree to jOln 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 Depi'lrtment (920-
5130) ,
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employees two years after the issuance of a C, 0, ver i fy ing the
employee assumptions contained in the application, This audit must
be done via an independent report supnlied by the applicant and
reviewed by the Housing Office for I accuracy, If the audit
determines that employment has fxceeded 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.
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9, Pr ior to the issuance
and two affordable units,
approval and review by
representations within the
of building pe,rmits for the free market
deed restr ictions shall be filed for
the Housing Office consistent with
application,
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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,
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APPROVED by the Commission at its regular meeting on December 5,
1995.
Attest:
Plann~g. ~nd ,zoniy,rcommission: .. .._
C. tUt~ )(..1 t"u.tt'V/.; /J. j 7 .7)
Sara Garton, Chair
~hOJt ern COJ1.h.U..l () I.J..-l Cj -q~
Sharon Carrillo,
Deputy City Clerk
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ORDINANCE NO. 58
(Series of 1995)
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AN ORDINANCE OF THE ASPEN CITY COUNCIL DESIGNATING 406 E.
HOPKINS AVENUE, LOTS L, M, AND N, BLOCK 87, CITY AND TOWNSITE
OF ASPEN, AS uH," HISTORIC LANDMARK PURSUANT TO SECTION 24-7-
703 OF THE MUNICIPAL CODE.
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WHEREAS, the Isis LLC, with the permission of the owners of the
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property, Dominic and Kathryn Linza, have filed an application for Historic
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Landmark Designation of their property, 406 E, Hppkins Avenue, Lots L, M, and
N, Block 87, City and Townsite of Aspen, pursuant to Section 24-7-704 of
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the Municipal Code; and
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WHEREAS, the Historic Preservation Commission recommended Historic
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Designation 7-0 for the subject property at a duly noticed public hearing on
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August 9, 1995; and
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WHEREAS, the Planning and Zoning Commission recommended Historic
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Designation 6-0 for the subject property at a duly noticed public hearing on
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December 5, 1995; and
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WHEREAS, pursuant to Section 24-7-702 of the Municipal Code, the City
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Council has found that the subject property meets standards B (architectural
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importance), D (neighborhood character), and E (community character); and
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WHEREAS, City Council wishes to affirm those recommendations as
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rendered by the Historic Preservation Commission and Planning and Zoning
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Commission and complete the Landmark Designation process.
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Ndw, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO
Section 1
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That the structure and property at:
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406 E. Hopkins Avenue, Lots L, M, and N, Block 87, City and Townsite of
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Aspen be granted "H," Historic Landmark Designation,
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Section 2
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That the Zoning District Map be amended to refleCt t~e rezoning described in
Section 1 and the Community Development Director shall be authorized and
directed to amend said map to reflect said rezoning.
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Section 3
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That the Community Development Director sllall be directed to notify the City
Clerk of such designation, who shall record among the real estate records of the
Pitkin County Clerk and Recorder's Office a certified copy of this Ordinance,
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Section 4
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That if any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the
remaining portions thereof.
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Section 5
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A public hearing on the Ordinance was held on the 12th day of February, 1996,
at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado,
fifteen (15) days prior to which hearing notice of the same was published once in
a newspaper of general circulation within the City of Aspen.
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INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law by the
City Council of the City of Aspen on the 18th day of December, 1995.
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John S. Bennett, Mayor
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Kathryn S, Koch, City Clerk
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~L Y adopted, passed, and appr,Q.ved this / d..
n.J1.j/ ,1996.
day of
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John S, Bennett, Mayor
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ATTEST: ) ,xt~
K'!::::l::~~ CI,~
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Ordinance No, 95- !::/l
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ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING THE
PROPOSED AFFORDABLE HOUSING UNITS IN ASSOClA nON WITH THE
REMODEL AND RENOV AITION OF THE ISIS THEATER (LOTS L, M, and N BLOCK
. ' 87) CITY AND TOWNSITE OF ASPEN
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WHEREAS, Section 24-8-209.1. of the Municipal Code provides that the City Council, based on
the recommendation of the Joint Growth Management Commission, must approve the method by
which an applicant proposes to provide affordable housing; and
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WHEREAS, the Isis Theater has proposed two (2) three (3) bedroom affordable housing units on
a proposed third story of the existing Isis Theater ;and
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WHEREAS, on August 23, 1995 the applicant received Conceptual Approval from the Historic
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Preservation Commission; and
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WHEREAS, on December 5, 1995 the applicant received approval from the City of Aspen
Planning and Zoning Commission for 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
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WHEREAS, on December 5, 1995 the City of Aspen Planning and Zoning Commission also
recommended approval for Special Review to exceed the allowable floor area of 1.5: I to 1.8:] in
the CC Zone District, the reduction of required trash and utility service area and the reduction of
the minimum open space requirements in the CC Zone District; and
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WHEREAS, December 5, 1995 the City of Aspen Planning and Zoning Commission also
recommended that the Aspen City Council approve the Historic Landmark status for the Isis
Theater; and
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WHEREAS, on December 5, 1995 the Joint Growth Management Commission forwarded a
positive recommendation to the Aspen City Council on a vote of 8-2.
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WHEREAS, the Aspen City Council has reviewed and considered the proposed affordable
housing units proposed for the Isis Theater text amendments under the applicable provisions of
the Municipal Code as identified herein, has reviewed and considered those recommendations and
approvals as granted by the Planning and Zoning CJmmission, the Aspen Historic Preservation
Commission, the Joint Growth Management f Commission, the Aspen/Pitkin County Housing
Office and has taken public comment at public hearing; and
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WHEREAS, the City Council finds that the proposed affordable housing units meet or exceed all
applicable development standards and are consistent with the goals and elements of the Aspen
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Area Community Plan; and
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WHEREAS, the City Council finds that this Ordinance. furthers and IS necessary for public
health, safety, and welfare; and
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NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN COLORADO:
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Section 1: Pursuant to Section 24-7-601.0. of the Municipal Code, the City Council finds as
follows in regard to the proposed affordable housing units:
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1. The City of Aspen has an adopted plan to develop affordable housing with monies from
payment of affordable housing dedication fees; and
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2. That the City could not have reasonably anticipated the provision of the Isis Theater site
for affordable housing, and therefore had not identified the specific site for affordable housing;
and
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3. That the site is well suited for the development of affordable housing, taking into account
the availability of services, proximity to employment opportunities and transit opportunities and
that the site is not affected by environmental constraints to development or historic preservation
concerns; and
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4. That 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; and
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5. That the development itself requires the provision of affordable housing on-site to meet its
service needs; and
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6. That the proposed units as set forth in the application are not in conflict with the
provisions of Ch"pter 24 of the Municip"1 Code or the Aspen Are" Community Plan.
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Section 2: This ordinance shall not have any effect on existing litigation and shall not operate as
an abatement of any action or proceeding now pending under or by virtue of the Ordinances
amended as herein provided, and the same shall be constructed and concluded under such prior
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ordinances.
Section 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision anii shall not affect the validity of the
remaining portions hereof.
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Section 4: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy
of this ordinance, in the office of the Pitkin County Clerk and Recorder.
Section 5: A public hearing on the Ordinance sh~ll be held on the 3' day of
9.<' ti-.1'<-v}, 1996 at 5:00 pm in the City Council Chambers, Aspen City Hall, Aspen Colorado,
/ (j
fifteen (15) days prior to which hearing a public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED
Council of the City of Aspen on the " 8'
1995.
as provided by law, by the City
day of .J)f/:'( ....-x....<-(,L/ ,
~4. (3~.
John Bennett, Mayor
ATTEST:
_L FINALLY, adopted, passed and approved this
19'0.
?^--
/3"/~D
John Bennett, Mayor
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VANN ASSOCIATES
Planning Consultants
March 25, 1996
HAND DELIVERED
Mr. Dave Michaelson
Community Development Department
130 South Galena Street
Aspen, CO 81611
f
,
Re: Isis Theatre Renovation and Expansion
Dear Dave:
The purpose of my letter is to confirm my und~rstanding of the action taken by the
Planning and Zoning Commission at their March 19, 1996, meeting with respect to Isis,
LLC's request to amend their recent GMQS exemption and special review approval for
the renovation and expansion of the Isis Theatre,
It is my understanding that the P&Z agreed that the proposed amendments were
insubstantial in nature, and that no further review by the P&Z was required, A formal
motion to this effect was approved unanimously, Isis, LLC, need only comply with the
applicable conditions of its various approvals in order to apply for a building permit,
Should my understanding of the P&Z's action be incorrect, please let me know at your
earliest convenience,
Yours truly,
N ASSOCIATES
ann, AICP
cc: Sam Houston
c:\bus\ci ty. Itr\Jtr28395.dm2
230 Easl HOD~JnS Avenue. Aspen. Colorado 81611.970/925-6958. Fax 970/920-9310
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EXHIBIT # 6
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316 EAST HOPKINS LP
.~OLORADO LIMITED PARTNERSHIP
15 E HYMAN AVE STE 105
_ISPEN, CO 81611-1945
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_RCHDIOCESE OF DENVER SAINT
MARYS
..;l300 S STEELE ST
JENVER, CO 80210
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.5PEN DRUG INC
"0 BOX 11468
ASPEN, CO 81612
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-IALDWIN HARLEY A II
_05 S GALENA ST
ASPEN, CO 81611
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J1ENTLEYS AT THE WHEELER
'0 BOX 10370
....SPEN, CO 81612
'"eULLOCK G E GRANDCHILDRENS
PTNRSHIP 1/6
~/O SUZETTE GOODMA
00 E MARKHAM STE 305
"rITTLE ROCK, AR 72201
,OLE MARGARET M
"'e/0 FIRST NATIONAL BANK OF
CEDARIDGE
-0 BOX 8455
_SPEN, CO 81612
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OOTLOOSE MOCCASIN MAKERS INC
_0 S MILL ST STE 201
ASPEN, CO 81611
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....OLDSTEIN PETER & ALAN
50 METRO PK #2
~OCHESTER, NY 14623
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HILLIS OF SNOWMASS INC
....70 E GORE CRK
AIL, CO 81657
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/51 S
434 EAST MAIN LLC
314 S GALENA ST#200
ASPEN, CO 81611-1818
ASPEN ARCADE L TO LLLP
4020 PALOS VERDE DR N STE 206
ROLLING HILLS ESTATES, CA 90274-
2525
ASPEN FIRE PROTECTION DISTRICT
420 E HOPKINS AVE
ASPEN, CO 81611
BANK OF ASPEN
CIO AUTAX INC
PO BOX 2798
LITTLETON, CO 80161
BERGMAN CARL R & CATHERINE M
PO BOX 1365
ASPEN, CO 81612
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
DUVIKE INC
PO BOX 2238
ASPEN, CO 81612
GALENA PLAZA LLC
MEYER LOWELL CIO
PO BOX 1247
ASPEN, CO 81612
HABATAT GALLERIES ASPEN INC
HAGOPIAN SANDY CIO
213 S MILL ST
ASPEN, CO 81611
HINDERSTEIN FAMILY REVOCABLE
TRUST
POBOX 1576
MERCER ISLAND, WA 98040
ALH HOLDING COMPANY INC
435 W MAIN ST
ASPEN, CO 81611
ASPEN ART INVESTMENTS L TO
1450 SIERRA VISTA DR #B
ASPEN, CO 81611
BALDWIN HARLEY
205 S GALENA ST
ASPEN, CO 81611
BANKERS MORTGAGE INC
420 E MAIN ST
ASPEN, CO 81611
BLESD LLC
CIO SIMON DEVELOPMENT GROUP
370 LEXINGTON AVE #607
NEW YORK, NY 10017
DENSON DAVID & KATHLEEN
170 E GORE CRK
VAIL, CO 81657
ELKS LODGE 224
210 S GALENA ST STE 21
ASPEN, CO 81611
GODIVA HOLDINGS LLC
435 E MAIN ST
ASPEN, CO 81611
HAMPEL WALTER F JR
290 HEATHER LN
ASPEN, CO 81611
HOLTZ ABEL & FANA
169 E FLAGLER ST STE 1627
MIAMI, FL 33131
HOTEL JEROIV1E ASSOCIATES L P
PARTNERSHIP
-30 E MAIN ST
-,SPEN, CO 81611
~NTZER TAYLOR MICHAEL FAMILY
TRUST #1
..ll501 VISTA DEL MAR
'LAYA DEL REY, CA 90293
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OMA AL T A CORPORATION
~210 N CENTRAL EXPWY
DALLAS, TX 75206
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.A.1ILL STREET PLAZA ASSOCIATES LLC
:/0 M & W PROPERTIES
"!!05 S MILL ST STE 301A
ASPEN, CO 81611
SCHAEFER WIDO L
-41 SURFVIEW DR
_ACIFIC PALISADES, CA 90272-2915
"I'VENDELlN ASSOC
A NEW YORK GENERAL PARTNERSHIP
""'50 METRO PARK
OCHESTER, NY 14623
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..IILLlAMS DEXTER M 51%
230 S MILL ST
JOSPEN, CO 81611
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ISIS LLC
308 S GALENA ST
ASPEN, CO 81611
KREVOY BRADLEY R
1401 OCEAN AVE #301
SANTA MONICA, CA 90401
M & W ASSOCIATES
A COLORADO GENERAL PARTNERSHIP
205 S MILL ST
ASPEN, CO 81611
MTN ENTERPRISES 80B
CIO HILLIS OF SNOWMASS
170 GARE CRK DR
VAIL, CO 81657
SCHAINUCK LEWIS I
5750 DOWNEY AVE STE 206
LAKEWOOD, CA 90712-1468
WHEELER BLOCK BUILDING LLC
TKG MANAGEMENT INC CIO
1001 CHERRY ST STE 308
COLUMBIA, MO 65201
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jS/,S
KANDYCOM INC
766 SINGING WOOD DR
ARCADIA, CA 91006
LA COCINA INC
PO BOX 4010
ASPEN, CO 81612
MARTINEZ JOSEPH C
205 S GALENA #15
ASPEN, CO 81611
PFISTER ARTHUR
PO BOX EE
ASPEN, CO 81612
WALL RICHARD
7538 CAMINITO AVOLA
LA JOLLA, CA 92037
WHITMER GORDON L
ROSS HOWARD
POBOX114
ASPEN, CO 81612
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EXHIBIT # 7
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ASPEN/PITKIN
COMMUNITY Dt:VEI.OPMENT DEPARTMENT
Al~TeC'!!lcnt for Pavm~nr ofCilr or A$p.~n DcvcJonmen! Applica(Jon f~cs
CITY OF ASPEN (hereinafter CITY) H1ld~~ _
OlerdnaflOr M'PI.ICANn AGREE AS FOLLOWS:
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2. APPLICANT understands and agree,~ that CIty o[ Aspen Ordinancc No. 4.~ (Serie. of 1999)
eSlablishes a [ee struclure [or land Usc applications and thc payment of all processin:: fees is a condition precedent
to a detcrmination of application completeness_
), APPLICANT and CITY agree that bccaus< of the size, n8lure or scope ofilie proposed project, it
is nOI po.<sible at olis lime to ascertain Ihe full eXlent of the eosts involved in I'J'Ocossing lhe application,
APPLICANT and CITY timber ay"" Ihat it is in the interest of the parries thai APPLICANT make paymffit of an
initial dcpo,'it and to Ihereartcr petmir additional costs to be bilfcJ 10 APPLICANT on a monthly ba.~is,
APPLICANT ag<<es additional costs may accrue following their hearings and/or approvals, APPLICANT agrees h.
will be benefited by retaining greater cash liquidity and will make additional pa}ments upon notification by me
Cny when thoy ate necessary as costs are incWTell. CI1Y agrees it will be benefited through tbe greater cCTtllinty
"r recovering its full costs to process APJ>I.ICANT'S application. "
4, CITY and APPLICANT funber agree that iL is impracticable for CllY stafT to complete
processillg or pr.s<nt suflldcnt infomtation to the Plannin, Conuniss;on and/or City Council to enable the Planning
Commi.ssion and/or Cily Council to make kg.lly requIred findings for project consideration, unkss CUlTent billings
><0 paid in full priotlo decision.
5. Thm:(or., APPLICANT .grees that in conside...tion of tho CITY's waiver of its right to collect
fnll fees prior to a ~eterminalion of 'pDlicado!1 completeness, APPLICANT sh.1I pay an initial deposit in the
.mount of $ ~~, ~bich Is for ~GW6 hours or Community Development staff tIme, and if actoal
recorded 0,"1s exceed the initial d.posit, APPLICANT shall pay addiliona' monthly billings to CllY to rcimbu",.
Ihe CllY for Ihe processing of Ihe application mentIoned above, including pOSI approval re,jew. Such periodic
paymellCi shall be made within 30 days of the billinll date, APPLICANT fUl1her agrees that failu", 10 pay .~uch
.enucd costs sh.1I be grounds for suspension of processing, and in no cas< w ill building penoiL< b. issued umil 811
costs idssociarcd wirh rase procc:!\.sjn~ have been paid.
CITY Of ASPEN
~I'PLlC^NT
By:__,,_
Julie Ann Wood.
Comrnunity InvtJopmcnt Dinctor
11)11
l>He:.
Jc~. <; G fn-{--v-P, ~.;
Fr; p ~ Lo. ~ \ ~ I I
l: :\slll'pOrll(or mSUJt:rpa}'OS,doc
12/27/99
IIiel1MJ m~\RllIEmlER}V tGmlmlllSSllGRJ
MEETING DATE: July 17,2001
NAME OF PROJECT:
ISIS THEATER RETAIL CONVERSION GMQS
EXEMPTION
CLERK:
Jackie Lothian
STAFF:
Chris Bendon
WITNESSES: (1)
(2)
(3)
Mitch Haas
Sam Houston
Ellen Hunt
EXHIBITS: 1 Staff Report (x) (Check If Applicable)
2 Affidavit of Notice (x) (Check If Applicable)
3 Various maps, drawings
4 Housing memo 7117/01
MOTION: Joe Krabacher moved that the Aspen/Pitkin Growth
Management Commission grant the request for an exemption from the
scoring competition procedures of the GMQS for the ISIS subject to the
following conditions: once the applicant has determined the exact square
footage then the applicant would come back before the Growth Management
Commission to determine the employee mitigation number and range at that
time, deleting the formula but include the 3 employee credit; with the other
conditions in the staff memo including an audit in 2 years. Ron Erickson
seconded. Roll call vote: Howard, no; Whipple, yes; Erickson, no; Cohen,
no; Blaich, yes; Haneman, yes; Martin, yes; Augello, yes; Krabacher, yes;
Tygre, no. APPROVED 6-4.
VOTE:
YES 6 NO 4
ROBERT BLAICH YES _x_ NO JASMINE TYGRE YES NO _x_
ROGER HANEMAN YES _x_ NO MICHAEL AUGELLO YES _x_ NO
RON ERICKSON YES NO _x_ ERIC COHEN YES - NO_x_
PETER MARTIN YES _x_ NO STEVE WHIPPLE YES x NO
JOHN HOWRD YES NO_x_ JOE KRABACHER YES_X_ NO
GMCVOTE
ASPEN/PITKIN GROWTH MANAGEMENT COMMISSION
July 17,2001
Jasmine Tygre, Chair, opened the meeting at 5:00 p,m, Commissioners Ron
Erickson, Jasmine Tygre, Roger Haneman, Eric Cohen, Robert Blaich, Ruth
Kruger, Peter Martin, Peter Thomas, Mike Augello, Joe Krabacker, John Howard
and Steve Whipple were present. Staff in attendance were: David Hoefer, Assistant
City Attorney; Chris Bendon, Community Development and Jackie Lothian,
Deputy City Clerk.
DISCLOSURE OF CONFLICTS OF INTEREST
Peter Thomas and Ruth Kruger recused themselves from the ISIS GMQS
Exemption Hearing,
PUBLIC HEARING:
ISIS GMQS EXEMPTION - RESO #2
Jasmine Tygre opened the public hearing, Chris Bendon provided the notice and
explained that this was a re-evaluation required from the growth management 1995
approval with a theatre use or any new use, This was for a conversion of the first
floor of the ISIS to retail, which increased the net leasable space that in turn
triggered the required mitigation for the number of employees,
The applicant proposed 2 scenarios for the retail space. 3,000 square feet of net
leasable retail space and one theatre on the ground level maintaining 3 theatres in
the basement; . 6,000 square feet of net leasable retail space maintaining 3 theatres
in the basement. Bendon noted that the original plan of a 5-screen theatre included
on site mitigation for 5 employees (2 three bedroom units, which actually houses 6
employees), Bendon stated that there was to be an audit of employees in two
years, but the theatre failed prior to that time, therefore the audit was not done,
Bendon stated that there were 3 ways to view the application re-evaluate the
whole project; . theater use has been mitigated, evaluate the retail only and apply
theater mitigation to the retail (theater was over-mitigated, apply credit of 3 to the
retail use), Bendon said that he recommended scenario 2; which was also the
Aspen/Pitkin Housing Authority's choice,
Bendon said that the commission needed to concern themselves with the employee
generation rate, The Commercial Core range was between 3,5 and 5,25 employees
per 1,000 square feet of net leasable retail space; the applicant did not project any
use but was looking for a rate to use in an equation for a tenant to determine the
mitigation from the use, Bendon said that the retail differences would be caught in
an audit,
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ASPEN/PITKIN GROWTH MANAGEMENT COMMISSION
July 17,2001
Tyrge asked if the actual number of employees were larger and asked if an audit
would pick up that higher employee generation; she said for example a very high-
end restaurant would generate more employees than a small retail space, Bendon
responded that the audit would pick up the additional employees with an actual
audit and could be reflected in the resolution, Tygre asked if it were the applicant
or the lessee's responsibility, Bendon replied that it was the property owners'
responsibility,
John Howard asked how the housing mitigation was administered or enforced,
Bendon responded that the applicant was responsible for 60% employee generation
mitigation with an on-site recommendation or off-site or cash-in-lieu payment prior
to building permit issuance, Bendon explained that the housing authority oversaw
rental units and sales units went through the lottery,
Mitch Haas, planner for applicant, stated that there would not be any rental units or
cash-in-lieu because of the Telluride case, Haas stated that they were not coming
up with an actual number but rather and agreement for a formula of3,57 less the
credits, Haas stated that the application was prepared before that ballot question
and the goal of the application was met because the community felt that this
location should remain a theater but not with an imposed tax, Haas said that a
theater venture could not support the theaters and depending if there were 3 or 4
theaters, then the retail space would be either 3,000 or 6,000 square feet. Haas
stated that it was unclear if the 100% meant of the employees generated or of the
requirement, which was 60%, Haas said that this was unclear from the past
approval except that a 5-screen theater would generate 5 employees subject to an
audit after 2 years, Haas stated that there was a technical difference in that only
half of the provided housing, 3 full-time employees (60% of the 5 generated) was
provided as employee housing mitigation, Haas said the other 3 full time
employees that were housed were the result of a requirement associated with a
request that exceeded the allowable floor area, The Commercial Core zone district
allowed a 1.5 floor area ration by right but to go over it, 60% of the additional floor
area built had to be used for employee housing, Haas explained that one 3-
bedroom unit was for the original employee generation mitigation and one 3-
bedroom unit was tied to the additional floor area mitigation, Haas said that this
was important in the discussion because the left over 3 employees to be housed
was not as a result of the employees generation mitigation, Haas said that they felt
that there would be a credit for housing 6 employees on site,
Haas recanted the 3 main issues in re-evaluating the project: . re-evaluate the
whole project; the theater use has been mitigated, evaluate the retail only and
apply theater mitigation to the retail. Haas said that the 3,5 employees rate was the
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ASPEN/PITKIN GROWTH MANAGEMENT COMMISSION
July 17,2001
best place to start and then have an audit. He said that the only difference was that
off credit and he felt that the housing board agreed with them on carrying forward
the mitigation,
Bob Blaich asked the number of employees when the theater was open in full
swing, not in theory, Sam Houston, owner/manager, replied that there were 5 when
the theater was in operation,
Ron Erickson asked the other commissioners their recollection ofthe 100%
mitigation for housing and was there any special consideration given for a smaller
than normal trash and delivery area, He noted that nothing was brought up in the
area of trash and with a change in use there could be a significant change in the
trash and delivery space, Jasmine Tygre said that this may seem like a change in
use but what the commission was faced with the review process had to do with was
the GMQS exemptions, Bendon responded that it was not a traditional change in
use and a trigger was placed in the 1995 Growth Management Review; if there was
a change in use from a theater to something else there needed to be a trigger to
amend the employee housing mitigation, Bendon restated that if the use changed
from a theater then the employee housing mitigation would have to be re-reviewed,
Bendon said that the trash and service area were tied to the building approval and
were based upon a 6,000 square foot retail space; it was only 4 feet shorter that if
the entire building were retail use,
John Howard said that for clarification there were 6 employees mitigated for but 3
of the 6 employees were mitigation for the additional floor area of the building and
should not even be part ofthis discussion, Bendon asked how the commission
wanted to re-evaluate the project for mitigation, Jasmine Tygre asked who
occupied the current employee units, Sam Houston replied that they were rented to
qualified housing office approved employees,
Eric Cohen asked if the movie theater was ripped out and a nightclub was moved
in, would the applicant come back for a review again, Bendon replied that was in
the conditions for a change in use for the building, Joe Krabacher asked the total
net leasable square footage of the building and the total building square footage,
Bendon answered that it was 15,671 square footage, Haas said that he had the total
FAR but it did not include the basement and storage, Krabacher asked how much
additional square footage was granted at the special review because of the
employee housing mitigation, Bendon stated that it went from a 1,5 FAR to 1,8,
Sam Houston stated that they wanted it to be a theater from the beginning and they
offered to lease it to the city or a non-profit or sell at $9,5 million with terms,
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ASPEN/PITKIN GROWTH MANAGEMENT COMMISSION
July 17,2001
Houston said that the economics don't work as a theater that was the reason for the
retail space and they were doing what they could to mitigate their losses, He said
that they would have to subsidize the theater with some retail rents, Haas said that
anyone would have to apply for another use in the space and mitigate for it.
John Howard said to follow up on Ron's comment about the building being for
sale, there were payments in-lieu of $250,000,00 for open space that were deferred
until 2003, Howard asked what happened if the building sold, who pays that
payment. Bendon replied that the decision and approval was with the property and
there might be a catch with the city to call that in at the time of sale, and that he
was correct that it was not pertinent to this approval. Haas said that it was
recorded and ran with the land tied to theater use,
Ellen Hunt, public, asked ifthere was a way to rent out storage space to offset the
monthly costs to make it viable to keep as a partial movie theater, Houston stated
that he welcomed any input on leasing the space, Bendon stated that storage at a
commercial operation was not an allowed use,
Erickson said that the theater would be mitigated 100%; he asked if that was 100%
or 100% of 60%, Haas and Bendon stated that the record was unclear and there
was nothing in the record that said that it was fully mitigated, Blaich noted that the
climate at the time ofthe original approval was to save the ISIS as a theater and
give up parking and open space mitigation, Blaich stated that everyone was trying
to make it work at the time; he said that much ofthe approval came through HPC,
but everyone wanted the project. Cohen asked why would it be mentioned if it
were not some sort of exception to the norm, Bendon replied that it was a review
criterion but reiterated that it was not reflected in the minutes or resolution in 1995,
Cohen stated that since the building was for sale that he wanted to see the number
for mitigation in writing so the potential buyer knew what he was getting into,
Cohen said based upon that he wanted to see the entire project re-evaluated at the
maximum highest potential employee rate and that 3 of those credit should apply,
because 3 credits went to the FAR and 3 were for the employees,
Roger Haneman asked if we accept the applicant's argument as correct, and then
was the applicant allowed to utilize the affordable housing twice, Bendon
explained that the increase in FAR was put into the code to encourage on-site
affordable housing, Bendon said that the on-site housing did not use up the credit
allotment; it was for use on site to satisfy the employee mitigation, Bendon said
the criteria for that FAR increase were merely that it was compatible in design,
scale and mass not that it was not used for any other employee generation, Bendon
4
ASPEN/PITKIN GROWTH MANAGEMENT COMMISSION
July 17,2001
noted that there were not very many other commercial projects in the commercial
core developed in the last 10 years,
Peter Martin asked if alternatives 2 and 3 tend to encourage theater use over
number I, as a practical matter, Bendon replied that it depended upon the amount
of square footage and what applied to the credit; it could come out as a cash-in-lieu
payment.
The commission polled with a slight majority leaned toward the 2nd alternative
with a credit. Haas stated that the alternative I and 3 were the same and shouldn't
be split, Bendon provided the net leasable formula of 3 ,5 to 5,35 and said that
from the record he read from Sunny Vann's report regarding the employee
mitigation of the 2 three bedroom units and I free-market unit. Bendon stated that
there was no representation ofthe number of employees to be mitigated, the
number was never referenced anywhere, and the criteria for the FAR increase were
not at all tied to the use of employee mitigation, Bendon said that housing agreed
that the theater would generate less employees but that there was housing provided
at this level. Haas argued that the relevant requirement was more than what was
needed,
Blaich asked which of the 3 scenarios best tried to insure the facility (movie
theaters) that was what was wanted for the community, Haas answered that it
would probably be 3, Bendon said that it basically went to the amount that they
would have to pay and the applicant could come back under any of the scenarios
and suppose that a movie theater couldn't work and needed a nightclub or retail or
whatever instead for the numbers to work, Haas stated that the credit issue was a
lot of money to the applicant and that the issue was the amount of credit. Bendon
said that there was no requirement that there had to be a theater operated out of this
space but the employee mitigation would change, Mike Augello said that there
may not be anything in the code but we were looking for an incentive for the
applicant to put in a theater. Erickson stated that for simplification the issue here
was for the range of 3 ,5 to 5,5 on the employee mitigation,
Joe Krabacher said that the whole project should be re-evaluated to make it easier
to determine what was appropriate for the whole package, Krabacher said that he
would be in favor of the credit since it was used for affordable housing,
Erickson noted that the unknown was the amount of retail space, 3,000 or 6,000
square feet; the employee mitigation should be at the high end, Bendon stated that
to re-evaluate the entire project could mean several different things; one could be
subject to an audit and another could be the set rate with an audit. Tygre noted that
there wasn't a real proposal on the table, Bendon replied that it was difficult
5
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ASPEN/PITKIN GROWTH MANAGEMENT COMMISSION
July 17,2001
because the applicant was trying to create retail space without a leaseholder and
were not exactly sure how much retail space would be created; they were looking
for a formula for when the applicant came in for the building permit and for
mitigation at that time, Peter Martin stated that he also found the process
confusing and maybe the GMC should wait until there was a real project,
Haas stated that there was a formula for employee generation, which was 3,5 to
5,25 per employees per 1,000 square feet of net leasable space multiplied by ,60
gives the number of employees generated, Haas said that all that they were asking
was if the credit was subtracted after the number was determined or not. Haas said
that the low end should be used because it was never done before, Erickson said
that the rate determined at the beginning and after the two year audit was the rate
that would be used for this retail space no matter how many employees were added
after the two-year audit period, so it should be on the high end,
MOTION: Joe Krabacher moved that the Aspen/Pitkin Growth
Management Commission grant the request for an exemption from the
scoring competition procedures of the GMQS subject to the following
conditions: once the applicant has determined the exact square footage
then the applicant would come back before the Growth Management
Commission to determine the employee mitigation number and range at
that time, deleting the formula but include the 3 employee credit; with
the other conditions in the staff memo including an audit in 2 years.
Ron Erickson seconded. Roll call vote: Howard, no; Whipple, yes;
Erickson, no; Cohen, no; Blaich, yes; Haneman, yes; Martin, yes;
Augello, yes; Krabacher, yes; Tygre, no. APPROVED 6-4.
Discussion prior to the vote included: the determination of the number of
employees at the time of building permit, deleting the formula, adding the credit,
the range based upon the high end to begin with and caught at the time of audit in
two years, the time consumption of audits for every two years forever, and the
commission wanted copies of the resolution prior to signing,
MOTION: Bob Blaich moved to extend the GMC meeting past 7pm.
Ron Erickson seconded. APPROVED 10-1.
PUBLIC HEARING:
302 EAST HOPKINS GMQS EXEMPTION - RESO #3
Jasmine Tygre opened the public hearing for the Growth Management exemption
for 302 East Hopkins, Chris Bendon provided the public notice and noted that this
6
ASPEN/PITKIN GROWTH MANAGEMENT COMMISSION
July 17,2001
was an expansion of a historic landmark net leasable square footage, The
expansion was 1,340 square feet with a deed restricted one-bedroom on site and a
cash-in-lieu payment contained in the resolution,
John Howard asked for clarification on the deed restricted unit size, Ralph
Mitchell, applicant, responded that the current studio was being made into a one-
bedroom as part of the employee mitigation, Mitchell stated that he received
conflicting requirements from housing originally in comparison with the recent
recommendation from housing, Bendon suggested leaving that option open to the
applicant of paying the cash-in-lieu or expanding the deed restricted unit to a two-
bedroom unit on site without cash-in-lieu,
No public comments,
MOTION: Ron Erickson moved to approve GMQS exemption for 302
East Hopkins, Lot K, Block 80, City of Aspen as amended to add to
condition #5 the option open to the applicant of paying the cash-in-Iieu
or expanding the deed restricted unit to a two-bedroom on site unit
without cash-in-Iieu. Steve Whipple seconded. Roll call vote: Blaich,
yes; Haneman, yes; Erickson, yes; Martin, yes; Augello, yes; Cohen, yes;
Whipple, yes; Howard, yes; Thomas, yes. APPROVED 10-0,
Meeting adjourned 7:15 p,m,
Jackie Lothian, Deputy City Clerk
7
ASPEN/PITKIN GROWTH MANAGEMENT COMMISSION
July 17, 2001
DISCLOSURE OF CONFLICTS OF INTEREST "..................""""............",.."",........................",..........,",......, I
ISIS GMQS EXEMPTION - RESO #2 .............................................,............................................,......................... I
302 EAST HOPKINS GMQS EXEMPTION - RESO #3 ....................................................................................... 6
8
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RESOLUTION OF THE ASPENlPITKIN COUNTY GROWTH MANAGEMENT
COMMISSION APPROVING A RE-EV ALUATION AND EXEMPTION FROM
THE SCORING AND COMPETITION PROCEDURES OF THE GROWTH
MANAGEMENT QUOTA SYSTEM FOR THE CONVERSION OF THE
GROUND FLOOR OF THE ISIS BUILDING TO RETAIL USE, 408 EAST
HOPKINS AVENUE, LOTS L, M, AND N, BLOCK 87, CITY AND TOWNSITE
OF ASPEN.
Parcel No. 2737.073.30,006
Resolution No.2
Series of2001
WHEREAS, the Community Development Department received an application
from Isis, LLC, for a re-evaluation of employee housing mitigation, as required under
Planning and Zoning Commission Resolution 36, Series of 1995, to convert a portion or
all ofthe ground floor of the Isis Building to retail use; and,
WHEREAS, the current five-screen theater is proposed to be converted to either
a four-screen theater with approximately 3,000 net leasable square feet or a three-screen
theater with approximately 6,000 net leasable square feet; and,
WHEREAS, the subject parcel is located at 408 East Hopkins Avenue and is also
referred to as 406 East Hopkins Avenue; and,
WHEREAS, pursuant to Sections 26.304 and 26.470.070(D)(3)(b) of the City of
Aspen Land Use Code, land use applications requesting an exemption from the scoring
and competition procedures of growth management for expansions of Historic Landmark
buildings increasing both Floor Area and net leasable square footage may be approved by
the Aspen/Pitkin County Growth Management Commission at a duJy noticed public
hearing after considering recommendations by the Community Development Director,
and members of the general public; and,
WHEREAS, during a duly noticed public hearing on July 17, 200 I, the
Aspen/Pitkin County Growth Management Commission considered the recommendation
of the Community Development Director, the recommendation of the AspenlPitkin
County Housing Authority Board of Directors, and testimony offered by the general
public, and approved, by a six to four (6-4) vote, the re-evaluation for mitigation purposes
and conversion of the ground floor of the Isis building to retail use, subject to the
conditions of approval listed herein.
NOW, THEREFORE BE IT RESOLVED by the Aspen/Pitkin County Growth
Management Commission that the re-evaluation for mitigation purposes and conversion
ofthe ground floor of the Isis Building is hereby exempted from the scoring and
competition procedures ofthe Growth Management Quota System, subject to the
following conditions of approval:
I. The Isis Building retail conversion was represented by the applicant to consist of
either a four-screen theater and up to 3,000 net leasable square feet of retail space
or a three-screen theater and up to 6,000 net leasable square feet of retail space.
The actual number of theater screens and net leasable square footage shall be
submitted for further review by the Growth Management Commission, The
employee housing mitigation requirement shall be subject to further review by the
Growth Management Commission according to a proposed use and floor plan
describing the intended business, A mitigation credit of three employees shall be
applied to the new retail use. Substantial variation from the represented scenarios
will require a re-evaluation of the Growth Management Exemption for employee
generation and mitigation purposes. Maintaining the five-screen theater shall not
require any further review. "Retail use" shall allow for the uses within the
Commercial Core Zone District, as amended from time to time, some of which
require conditional use approval.
2, Prior to issuance of a building permit for the Isis retail conversion, the applicant
shall provide employee housing mitigation as determined by the Growth
Management Commission in a subsequent review, pursuant to condition #1, by
either providing the necessary off-site housing units, providing the equivalent
cash-in lieu payment, or a combination thereof. Any off-site employee housing
mitigation shall be deed restricted to Category 3 price and income requirements
and be approved by the Aspen/Pitkin County Housing Authority. Cash-in-lieu
payment amount shall be based upon Category 3 employee mitigation
requirements. The Aspen/Pitkin County Housing Guidelines in effect within the
City of Aspen at the time of Building Permit application shall be used to
determine the required price restrictions and/or cash-in-lieu payment.
3. The applicant shall provide an employee audit to the Aspen Community
Development Department for the theater use after two years of reopening the
theater operation. The Housing Authority shall review the audit for accuracy.
The purpose of the audit shall be to determine if the five full-time equivalent
employee assumption for theater employee generation employees was justified
and if further employee mitigation is necessary. If the audit determines more than
five full-time equivalent theater employees, a re-evaluation by the Growth
Management Commission shall be required to determine further required
employee mitigation according to the then current requirements and standards for
employee mitigation.
--
4, The applicant shall provide an employee audit to the Aspen Community
Development Department for the retail use two years after a certificate of
occupancy is issued. The Housing Authority shall review the audit for accuracy.
The purpose of the audit shall be to determine ifthe employee mitigation required
by the Growth Management Commission was justified and if further employee
mitigation is necessary. If the audit determines a higher rate of retail employees,
further employee mitigation shall be required at the then current standard.
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5. The project shall conform with all other applicable development regulations
including, but not limited to, the Uniform Building Code, use square footage
(store size) limitations, open space regulations, and all representations and
decisions concerning the project not specifically amended herein.
6, Before application for a Building Permit, the applicant shall record this Growth
Management Commission Resolution with the Pitkin County Clerk and Recorder
located in the Courthouse Plaza Building. There is a per page recordation fee. In
the alternative, the applicant may pay this fee to the City Clerk who will record the
resolution.
APPROVED by the Aspen/Pitkin County Growth Management Commission at its
regular meeting on July 17, 200 I.
APPROVED AS TO FORM:
ASPENlPITKlN COUNTY GROWTH
MANAGEMENT COMMISSION:
Jasmine Tygre, Chair
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
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J~,17,2001 2:00PM RSPEN HOUSING OFC
NO, 002 P,2
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MEMORANDUM
Housing Board
FR.OM:
Cindy Christensen
THRU:
Mary Roberts
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DATE:
July 17, 2001
R.E:
rS$ 1iMQ$ APPLICATION
rSSUE: The applitCInt is requesting approval to remodel the Isis,
MQ(~D: Currently, the Isis contains five theaters, Three theaters are
located in the lower level and two theaters are located on the I1\CIln level. The
appllca"+ ,I.. ..roposlng two alternatives for the upper level. The first alternative i. to
malntc... :...:;. theater in the main level and convert 3,000 square feet Into retail
space. The second alternative is to remove both theaters on the main level and
convert 6,000 square feet into retail space,
When the applicant first approached City Council to convert the one theater into
five theaters, the revIew hinged on the property staying a theater. The applicant
was given approved due to the certain Items state.clin the previous application. The
applicant also stated that the theaters would generate only five employees and tkat
f they were Willing to mitigate for 100% of those employees. The applitCInt provided
t two three-bedroom units 10tCIted above the Isis. These two units mitigate for 100"0
. r of the employees that the applitCInt stated would be employed,
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The lAnd Use Code states that in thIs ;zone district, mitigation should be supplied
betwun 3.5 to 5,25 FTE's per 1,000 square feet of net leasable space. At the time
of.tM'~pproval, the Housing Board approved 5 FTE's, PCI' the request of the
applicant, with an audit to be completed two years after Certificate of Occupancy.
The Il'l, did not remain open for two years after Certlf'tClte of Occupancy,
thereto t ,an audit was not completed.
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~. The application states that tnClintalnlng either three of four theaters will require the
t same level of staffing as the original five theaters.
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i Due to the nature of the request, Staff sees this application as a request for 3,000
, to 6,000 square feet of retail space. The theaters have been mitigated and will,
1 therefore, be taken out of the equation. Since the mitigation acupted In the
~ original application was for 100% of actual employees, but no audit was completed,
I Staff feels that the original mitigation supplied should remain assocloted exclusively
J with t"~ :h~aters, Therefore, the use of the two three-bedroom units should not
f be usee. ~.. any credit for mitigation of the 3,000 to 6,000 square feet of retail
i space. Under this assumption, the applicant would have to mitigate for the following:
3,000 sq, ft. + 1,000 = 3 X 3.5 = 10.5 FTE'. X 60'Yo = 6.3 to
3,000 sq. ft, + 1,000 = 3 X 5,25 = 15.75 FTE's X 6010!: 9.45
or if the average is used
3,000 sq. ft. + 1,000 = 3 X 4.375 = 13.125 FTE's X 60'Y. = 7.87!J
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6,000 sq. ft. + 1,000 = 6 X 3.5 = 21 FTE's X 60% = 12.6 to
6,000 sq. ft, + 1,000 = 6 X 5,25 = 31.5 FTE's X 60'Y. = 18.9
or If the overage Is used
6,000 sq. ft. + 1,000 = 6 X 4.375 = 26,25 FTE's X 60%. 1!5.7!l
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Under the calculations show In the Land Use Code, the applicant would be required to
.ml.lgote'j)etween 6.3 to 18.9 FTE's.
The a~..I~""""on proposes using the lowest employee generation rate of 3.5 FTE for
the re'; _.: .:~:!ce and mitigating for 60% of the five "actual" theater employees. They
J propose mitigating for 11,3 in the 3,000 square foot alternative and 17.6 for the
t 6.000 square foot alternative. In each case, the.y then subtract the existing 6
r mitigation bedrooms for a total amount of mitigation required to be 5.3 for the
i 3,000 sqt ft. alternative or 11.6 for the 6,000 square foot alternative.
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~ PECOMIdENOA17ON: The Housing Board met on this Issue on July 11, 2001, and
i' recommended the following;
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-"-'_,17,2001 2:00PM RSPEN HOUSING OFC
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1. T,,"; ...pplicant shall mitigate for 5,3 FTE's for the 4-screen, 3,000 square foot
retail space, or 11.6 FTE's for the 3-screen, 6,000 square foot retail space.
This tal<8$ Into consideration the six credits from the existing three-bedroom
units.
2. The three credits are allowed as long as the use is straight retail. Should the
space. be used for any other retail, additional mitigation may be required.
3. An audit of the entire building ,shall be completed two years after certificate
of occupancy. If it is found that the FTE's Is higher than approved, the owner
shall be required to mitigate for the additional FTE's.
,
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4. The mitigation shall be satisfied by either off-site., buydown "for-sale" type
units approved by the Housing Office, or a payment-in-Iieu fee calculated at
the average of Category 2 and 3 rate and as stated in the Guidelines In effeC't
at the time of building permit approval.
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RESOLUTION OF THE ASPENlPITKIN COUNTY GROWTH MANAGEMENT
COMMISSION APPROVING A RE-EV ALUATION AND EXEMPTION FROM
THE SCORING AND COMPETITION PROCEDURES OF THE GROWTH
MANAGEMENT QUOTA SYSTEM FOR THE CONVERSION OF THE
GROUND FLOOR OF THE ISIS BUILDING TO RETAIL USE, 408 EAST
HOPKINS AVENUE, LOTS L, M, AND N, BLOCK 87, CITY AND TOWNSITE
OF ASPEN,
Parcel No, 2737.073.30.006
Resolution No,
Series of 2001
WHEREAS, the Community Development Department received an application
from Isis, LLC, for a re-evaluation of employee housing mitigation, as required under
Planning and Zoning Commission Resolution 36, Series of 1995, to convert a portion or
all of the ground floor of the Isis Building to retail use; and,
WHEREAS, the current five-screen theater is proposed to be converted to either
a four-screen theater with approximately 3,000 net leasable square feet or a three-screen
theater with approximately 6,000 net leasable square feet; and,
WHEREAS, the subject parcel is located at 408 East Hopkins Avenue and is also
referred to as 406 East Hopkins Avenue; and,
WHEREAS, pursuant to Sections 26.304 and 26.470.070(D)(3)(b) of the City of
Aspen Land Use Code, land use applications requesting an exemption from the scoring
and competition procedures of growth management for expansions of Historic Landmark
buildings increasing both Floor Area and net leasable square footage may be approved by
the Aspen/Pitkin County Growth Management Commission at a duly noticed public
hearing after considering recommendations by the Community Development Director,
and members of the general public; and,
WHEREAS, during a duly noticed public hearing on July 17, 2001, the
Aspen/Pitkin County Growth Management Commission considered the recommendation
of the Community Development Director, the recommendation of the Aspen/Pitkin
County Housing Authority Board of Directors, and testimony offered by the general
public, and approved, by a _ to _ L--> vote, the re-evaluation for mitigation
purposes and conversion of the ground floor of the Isis building to retail use, subject to
the conditions of approval listed herein.
NOW, THEREFORE BE IT RESOLVED by the Aspen/Pitkin County Growth
Management Commission that the re-evaluation for mitigation purposes and conversion
of the ground floor of the Isis Building is hereby exempted from the scoring and
competition procedures of the Growth Management Quota System, subject to the
following conditions of approval:
'.
.
1. The Isis Building retail conversion was represented by the applicant to consist of
either a four-screen theater and 3,000 net leasable square feet of retail space or a
three-screen theater and 6,000 net leasable square feet ofretail space, The actual
number of theater screens and net leasable square footage shall be determined at
the time of building permit review by the Zoning Officer. The employee housing
mitigation requirement shall be calculated according to the following formula:
(N.L.S.F. x 3.5 employees x 60o/~ 3 employees = employees to be mitigated
C 1,OOON.L.S.F. I
Where N,L.S.F. is net leasable square feet.
Substantial variation from the represented scenarios will require a re-evaluation of
the Growth Management Exemption for employee generation and mitigation
purposes. The retail conversion may be accommodated in phases by using the
above formula. Maintaining the five-screen theater shall not require any further
review. "Retail use" shall allow for the uses within the Commercial Core Zone
District, as amended from time to time, some of which require conditional use
approval.
2. Prior to issuance of a building permit for the Isis retail conversion, the applicant
shall provide employee housing mitigation as determined by the above formula by
either providing the necessary off-site housing units, providing the equivalent
cash-in lieu payment, or a combination thereof. Any off-site employee housing
mitigation shall be deed restricted to Category 3 price and income requirements
and be approved by the Aspen/Pitkin County Housing Authority. Cash-in-lieu
payment amount shall be based upon Category 3 employee mitigation
requirements. The Aspen/Pitkin County Housing Guidelines in effect within the
City of Aspen at the time of Building Permit application shall be used to
determine the required price restrictions and/or cash-in-lieu payment.
3. The applicant shall provide an employee audit to the Aspen Community
Development Department for the theater use after two years of reopening the
theater operation. The Housing Authority shall review the audit for accuracy,
The purpose of the audit shall be to determine if the five full-time equivalent
employee assumption for theater employee generation employees was justified
and iffurther employee mitigation is necessary. If the audit determines more
than five full-time equivalent theater employees th:m th@ six mitigated 011 site, a
re-evaluation by the Growth Management Commission shall be required to
determine further required employee mitigation according to the then current
requirements and standards for employee mitigation,
4. The applicant shall provide an employee audit to the Aspen Community
Development Department for the retail use two years after a certificate of
occupancy is issued. The Housing Authority shall review the audit for
.,
.
accuracy. The purpose of the audit shall be to determine if the 3.5 employees per
1,000 square feet of net leasable space assumption was justified and if further
employee mitigation is necessary. Ifthe audit determines a higher rate of retail
employees, further employee mitigation shall be required at th@ then C\llT@nt
standard. according to the equation in condition #1 and by using a revised
employee generation rate
5. The project shall conform with all other applicable development regulations
including, but not limited to, the Uniform Building Code, use square footage
(store size) limitations, open space regulations, and all representations and
decisions concerning the project not specifically amended herein.
6. Before application for a Building Permit, the applicant shall record this Growth
Management Commission Resolution with the Pitkin County Clerk and Recorder
located in the Courthouse Plaza Building. There is a per page recordation fee. In
the alternative, the applicant may pay this fee to the City Clerk who will record the
resolution.
APPROVED by the Aspen/Pitkin County Growth Management Commission at its
regular meeting on July 17,2001.
APPROVED AS TO FORM:
ASPENlPITKIN COUNTY GROWTH
MANAGEMENT COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
11,216
5,449
19.1
11.4
6.0
31.5%
15,671
9,904
34.7
20.8
6.0
17.3%
11,216
5,449
28.6
17.2
6.0
21.0%
15,671
9,904
52,0
31.2
6.0
11.5%
5,449
5.0
3.0
6.0
120.0%
9,904
5.0
3.0
6.0
120.0%
Background
Exhibit A ' page 1
..{'
6,904
24,2
14,5
6.0
8.5
3,000
15,8
9.5
0.0
9.5
9,904
39,9
23.9
6.0
17.9
9,671
3,904
13,7
8.2
6.0
2,2
6,000
6,000
31.5
18.9
0.0
18.9
9,904
45,2
27.1
6.0
21.1
#1 Re-Evaluate Whole Project:
Exhibit A - page 2
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#2 Theater is mitigated, evaluate retail only
Exhibit A - page 3
.
-
..
3,000
9,671
6,904
3,000
9,904
3,904
6,000
9,904
5,0
5,0
3,0
6,0
-3,0
15,8
9,5
0,0
9,5
20,8
12,5
6,0
6,5
3,0
6,0
-3,0
31,5
18,9
0,0
18,9
36,5
21,9
6,0
15,9
#3 Apply theater mitigation credit to retail
Exhibit A - page 4
...
3,000
9,671
6,000
6,904
24,2
3,000
9,904
3,904
13.7
6,000
9,904
()1it\~ ~~,/<<r> 1(>
34.7
34.7
14.5
6,0
8.5
10,5
6.3
0.0
6,3
20,8
6.0
14.8
8,2
6.0
2,2
21.0
12.6
0.0
12.6
20.8
6.0
14.8
#1 Re-Evaluate Whole Project:
Exhibit A - page 2
#2 Theater is mitigated, evaluate retail only
Exhibit A - page 3
.
.
.
6,904
3,000
9,904
3,904
6,000
9,904
5,0
5,0
3,0
6,0
-3,0
10,5
6,3
0,0
6,3
15,5
9,3
6,0
3,3
3,0
6,0
-3,0
21,0
12,6
0,0
12,6
26,0
15,6
6,0
9,6
#3 Apply theater mitigation credit to retail
Exhibit A - page 4
"
6,904
24,2
14,5
6.0
8.5
3,000
3,000
13,1
7,9
0,0
7.9
9,904
37.3
22.4
6.0
16.4
9,671 3,904 13,7 8.2 6.0 2,2
6,000 6,000 26,3 15.8 0.0 15.8
9,904 39.9 23,9 6.0 17,9
#1 Re-Evaluate Whole Project:
Exhibit A - page 2
"
.
#2 Theater is mitigated, evaluate retail only
Exhibit A - page 3
,
.
3,000
6,000
15,671
6,904
3,000
9,904
3,904
6,000
9,904
5,0
5,0
3,0
6,0
-3.0
13,1
7,9
0,0
7,9
18,1
10,9
6,0
4,9
3,0
6,0
-3,0
26,3
15,8
0,0
15,8
31,3
18,8
6,0
12,8
#3 Apply theater mitigation credit to retail
Exhibit A - page 4
jJC
IS)
MEMORANDUM
TO:
AspenlPitkin County Growth Management Commission
THRU:
Julie Ann Woods, Community Development Director, City of Aspen
Joyce Ohlson, Deputy Director, City of Aspen~
Chris Bendon, Senior Planner, City of Aspen().Nvv1
FROM:
PROJECT: Isis Theater Retail Conversion
REQUEST: GMQS Exemption Conversion from Theater use to Retail use
PUBLIC HEARING: Yes
DATE: July 17,2001
PROCESS: GMQS Exemption: Final at Growth Management Commission
RECOMMENDATION: Approval with Conditions
SUMMARY:
The Isis Theater LLC has applied to convert either a portion or all of the ground floor
of the Isis Building to retail use, Presently the building contains five theaters, two are
on the ground floor and three are in the basement. The applicant is not proposing
alternate uses for the basement. The applicant has proposed two retail scenarios for
the ground floor:
I) 3,000 square feet of net leasable retail space and maintain one theater on the
ground floor (plus the three theaters in the basement); or,
2) 6,000 square feet of net leasable retail space and maintain only the three basement
theaters,
The Growth Management approvals granted in 1995 were specific to the continued
use of the building as a theater. The approvals deviated from the standards of the
Land Use Code to accommodate the unique (lesser) employee generation trends of a
theater and with the understanding that the applicant would mitigate for over 100% of
the presumed theater employee generation. A conversion to retail use was envisioned
during the redevelopment and a "re-evaluation" was required as a condition of
approval to adjust housing mitigation figures.
Staff is recommending the theater use not be part of the re-evaluation. The applicant
is intending to maintain either three or four theaters and staff believes the staffing
necessary will remain similar to the five-screen theater, Staff is recommending
continuation of the employee audit to ensure the theater employee assumptions from
the prior review are justified. Staff is also recommending that the housing mitigation
associated with the theaters remain exclusive to the theater use and that no credit from
the theater housing mitigation be applied to the new retail space. Staff is
recommending a rate of3.5 employees per 1,000 square feet (Commercial Core range
is 3.5 to 5.25) be used to calculate employee generation for this project.
I
BACKGROUND:
Original Redevelopment Application:
The Isis Theater was a one-screen theater. The redevelopment application proposed a
four-screen theater to replace the one-screen theater in a new basement and an
expansion of the building's footprint. The net leasable square footage of the building
was proposed to be expanded by 5,449 square feet to accommodate the new theaters.
Based on the employee generation rates of the Land Use Code, 3.5 to 5.25 employees
are generated for every 1,000 square feet of net leasable commercial space in the
Commercial Core Zone District. This rate suggested employee generation between
19.1 and 34.7 employees, The 60% minimum mitigation requirement of the Land
Use Code suggested housing 11.4 to 20.8 employees.
The review of the redevelopment application concluded that the theater would
generate five (5) employees, subject to an employee audit after two years of operation
and further mitigation if necessary. This was largely based on the theater operation in
El Jebel and substantial representation that the deviation from the Land Use Code was
only for the theater use. A condition of the approval required a "re-evaluation" of the
employee generation for future, non-theater uses.
Amendment to Original:
Subsequent to final approvals being granted for the redevelopment of the theater, the
application requested a change to allow five screens. The number of seats (880)
remained the same although the net leasable area increased by another 4,455 square
feet over the four-screen scenario, The Planning and Zoning Commission considered
the amendment and concluded that no additional impacts would occur with the
reconfiguration.
MAIN ISSUES:
"Re-evaluation" of project:
The approvals granted to the theater redevelopment project were conditioned upon the
use remaining a theater and required a re-evaluation for future, non-theater, uses. The
proposal to convert a portion of the building into retail space triggers this re-
evaluation. There are three ways to approach this re-evaluation:
1. Re-evaluate whole project:
This includes both retail and theater uses and could result in no longer
deviating from the Land Use Code generation rates for the theater use,
2. Theater is mitigated, evaluate retail only:
This would consider the theater mitigation discussion concluded. The
deviation from the Land Use Code would not be challenged, but the applicant
could not apply credit for mitigating in excess of the minimum to the new
retail use.
2
3. Apply theater mitigation credit to retail:
This evaluation would not reconsider the assumptions made about the theater
generating only 5 employees, but would allow the theater mitigation beyond
the minimum to be applied to the new retail use regardless of the
representations made during the original review. This is the method suggested
by the applicant and the Housing Board.
The original review of the redevelopment application recognized a unique operating
characteristic of a theater and justified a deviation from the standards of the Land Use
Code. The applicant also represented that housing would be provided in excess of the
minimum requirement. Staff believes these substantive representations made during
the original review were material representations and contributed to the judgment and
approval of the project. Staff also believes that a "re-review" does not lessen the
importance of the representations. Staff is recommending the "re-evaluation" be
limited to the new retail space with no credit from the theater mitigation (option #2).
Attached as Exhibit "A" are a series of spreadsheets reflecting the background of the
Isis project and the three re-evaluation methods described above with respect to
employee housing mitigation,
Aspen Pitkin County Housing Authority Recommendation:
The original application proposed employee housing mitigation on-site with the
provision of two three-bedroom units. Housing mitigation that is required of this "re-
evaluation" cannot feasibly be provided on-site due to zoning constraints. The
applicant has proposed cash-in-lieu be paid to the Aspen/Pitkin County Housing
Authority. The Housing Authority Board has recommended the provision of either
off-site employee housing units or cash-in-lieu. The Housing Board has
recommended the units be restricted or cash paid at the time of issuance of a building
permit for the retail space.
The Housing Board has recommended the use of3,5 employees per 1,000 square feet
of net leasable retail space. The figure is the low-point of the range suggested in the
Land Use Code (3.5 to 5.25 employees per 1,000 s,f,). The range exists to allow
flexibility with respect to proposed uses with varying degrees of employee generation.
The Housing Board suggested this low-point be used, subject to an audit on the whole
project.
The Housing Board has also recommended credit of three employees be applied to the
retail operation from excess mitigation provided by the theater operation.
ApPLICANT:
Isis, LLC. Sam Houston, Manager.
Represented by Haas Land Planning, LLC, and Charles Cuniffe Architects,
3
LOCATION:
Isis Building, 408 East Hopkins Avenue. (a.k,a,406 East Hopkins Avenue)
Lots L, M, and N, Block 87, City and Townsite of Aspen.
ZONING:
Commercial Core
CURRENT AND PROPOSED LAND USE:
Five-Screen theater to be converted to a three or four-screen theater and either 3,000
or 6,000 square feet of general retail.
PREVIOUS ACTION:
The Growth Management Commission has not previously considered this application,
A brief history of the redevelopment hearing is included in the application,
REVIEW PROCEDURE:
Enlargement of a Historic Landmarkfor use as commercial development. At a duly
noticed public hearing, the Growth Management Commission shall, by Resolution,
approve, approve with conditions, or deny the application.
STAFF COMMENTS:
A series of spreadsheets has been included as Exhibit "A" and describe housing
mitigation requirements under various re-evaluation methods, Review criteria and
Staff Findings have been included as Exhibit "B," The application has been included
as Exhibit "C."
The recommendation from the Aspen/Pitkin County Housing Authority is explained
under "Main Issues," A written referral from APCHA was not available for this
packet and will be distributed during the meeting.
RECOMMENDATION:
Staff recommends the Growth Management Commission approve the ground-floor
retail conversion of the Isis Building, 408 East H,?pkins Avenue, subject to the
conditions of approval listed in Resolution No, J... , Series of2001.
RECOMMENDED MOTION:
"I move to approve Growth Management Commission Resolution 01-_ approving
the ground floor conversion to retail of the Isis Building, with conditions,"
ATTACHMENTS:
Exhibit A
Exhibit B --
Exhibit C --
Exhibit D --
Housing Mitigation Spreadsheets
Review Criteria and Staff Comments
Development Application
Aspen/Pitkin County Housing Authority Recommendation (to be
distributed at meeting)
4
RESOLUTION OF THE ASPENlPITKIN COUNTY GROWTH MANAGEMENT
COMMISSION APPROVING A RE-EV ALUA TION AND EXEMPTION FROM
THE SCORING AND COMPETITION PROCEDURES OF THE GROWTH
MANAGEMENT QUOTA SYSTEM FOR THE CONVERSION OF THE
GROUND FLOOR OF THE ISIS BUILDING TO RETAIL USE, 408 EAST
HOPKINS AVENUE, LOTS L, M, AND N, BLOCK 87, CITY AND TOWNSITE
OF ASPEN,
Parcel No. 2737.073.30.006
Resolution No.-.d.
Series of 2001
WHEREAS, the Community Development Department received an application
from Isis, LLC, for a re-evaluation of employee housing mitigation, as required under
Planning and Zoning Commission Resolution 36, Series of 1995, to convert a portion or
all of the ground floor of the Isis Building to retail use; and,
WHEREAS, the current five-screen theater is proposed to be converted to either
a four-screen theater with approximately 3,000 net leasable square feet or a three-screen
theater with approximately 6,000 net leasable square feet; and,
WHEREAS, the subject parcel is located at 408 East Hopkins A venue and is also
referred to as 406 East Hopkins A venue; and,
WHEREAS, pursuant to Sections 26,304 and 26.470.070(D)(3)(b) of the City of
Aspen Land Use Code, land use applications requesting an exemption from the scoring
and competition procedures of growth management for expansions of Historic Landmark
buildings increasing both Floor Area and net leasable square footage may be approved by
the AspenlPitkin County Growth Management Commission at a duly noticed public
hearing after considering recommendations by the Community Development Director,
and members of the general public; and,
WHEREAS, during a duly noticed public hearing on July 17, 2001, the
Aspen/Pitkin County Growth Management Commission considered the recommendation
of the Community Development Director, the recommendation of the AspenlPitkin
County Housing Authority Board of Directors, and testimony offered by the general
public, and approved, by a _ to _ L-~ vote, the re-evaluation for mitigation
purposes and conversion of the ground floor of the Isis building to retail use, subject to
the conditions of approval listed herein.
NOW, THEREFORE BE IT RESOLVED by the AspenlPitkin County Growth
Management Commission that the re-evaluation for mitigation purposes and conversion
of the ground floor of the Isis Building is hereby exempted from the scoring and
competition procedures of the Growth Management Quota System, subject to the
following conditions of approval:
I. The Isis Building retail conversion was represented by the applicant to consist of
either a four-screen theater and 3,000 net leasable square feet of retail space or a
three-screen theater and 6,000 net leasable square feet of retail space. The actual
number of theater screens and net leasable square footage shall be determined at
the time of building permit review by the Zoning Officer. The employee housing
mitigation requirement shall be calculated according to the following formula:
Net Leasable Square Feet x 3.5 employees x 60% = employees to be mitigated
1,000 square feet
Substantial variation from the represented scenarios will require a re-evaluation of
the Growth Management Exemption for employee generation and mitigation
purposes. The retail conversion may be accommodated in phases by using the
above formula, Maintaining the five-screen theater shall not require any further
review. "Retail use" shall allow for the uses within the Commercial Core Zone
District, as amended from time to time, some of which require conditional use
approval.
2. Prior to issuance of a building permit for the Isis retail conversion, the applicant
shall provide employee housing mitigation as determined by the above formula by
either providing the necessary off-site housing units, providing the equivalent
cash-in lieu payment, or a combination thereof. Any off-site employee housing
mitigation shall be deed restricted to Category 3 price and income requirements
and be approved by the Aspen/Pitkin County Housing Authority, Cash-in-lieu
payment amount shall be based upon Category 3 employee mitigation
requirements. The Aspen/Pitkin County Housing Guidelines in effect within the
City of Aspen at the time of Building Permit application shall be used to
determine the required price restrictions and/or cash-in-lieu payment.
3. The applicant shall provide an employee audit to the Aspen Community
Development Department for the theater use after two years of reopening the
theater operation. The purpose of the audit shall be to determine if the five full-
time equivalent employee assumption for theater employee generation employees
was justified and if further employee mitigation is necessary. If the audit
determines more full-time equivalent theater employees than the six mitigated on-
site, a re-evaluation by the Growth Management Commission shall be required to
determine further required employee mitigation.
4. The applicant shall provide an employee audit to the Aspen Community
Development Department for the retail use two years after a certificate of
occupancy is issued. The purpose of the audit shall be to determine if the 3.5
employees per 1,000 square feet of net leasable space assumption was justified
and if further employee mitigation is necessary, If the audit determines a higher
rate of retail employees, further employee mitigation shall be required at the then
current standard,
5. The project shall conform with all other applicable development regulations
including, but not limited to, the Uniform Building Code, use square footage
(store size) limitations, open space regulations, and all representations concerning
the project not specifically amended herein.
6, Before application for a Building Permit, the applicant shall record this Growth
Management Commission Resolution with the Pitkin County Clerk and Recorder
located in the Courthouse Plaza Building. There is a per page recordation fee. In
the alternative, the applicant may pay this fee to the City Clerk who will record the
resolution.
APPROVED by the AspenlPitkin County Growth Management Commission at its
regular meeting on July 17, 200 I.
APPROVED AS TO FORM:
ASPEN/PITKIN COUNTY GROWTH
MANAGEMENT COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
5,449
19,1
11,4
6.0
31.5%
9,904
34,7
20,8
6,0
17,3%
5,449
28,6
17,2
6.0
21.0%
9,904
52,0
31.2
6.0
11.5%
5,449
5.0
3,0
6.0
120,0%
9,904
5,0
3.0
6,0
120.0%
Background
Exhibit A - page 1
3,000
9,671
6,000
6,904
3,000
9,904
3,904
6,000
9,904
24.2
13.7
37.3
39.9
14.5
6.0
8.5
13.1
7.9
0.0
7.9
22.4
16.4
6.0
8.2
2.2
6.0
26.3
15.8
15.8
0.0
23.9
6.0
17.9
#1 Re-Evaluate Whole Project:
Exhibit A - page 2
#2 Theater is mitigated, evaluate retail only
Exhibit A - page 3
9,671
6,000
6,904 5.0 3.0 6.0 -3.0
3,000 13.1 7.9 0.0 7.9
9,904 18.1 10.9 6.0 4.9
3,904
5.0
3.0
6.0
-3.0
6,000
26.3
15.8
15.8
0.0
9,904
31.3
6.0
12.8
18.8
#3 Apply theater mitigation credit to retail
Exhibit A - page 4
Exhibit B
Review Criteria
Increase in FAR and net leasable square footage. The enlargement of an historic landmark to be
used as a commercial or office development which increases the building's existing floor area ratio
and its net leasable square footage or the enlargement of an historic landmark for mixed-use as a
commercial or office development and which adds a residential dwelling unit, which increases the
building's or parcel's existing floor area ratio and its net leasable square footage. Review of this
exemption is by the Growth Management Commission. The applicant shall demonstrate that as a
result of the development, mitigation of the project's community impacts will be addressed by the
standards set forth at sub-Section 5, below.
5. Standards for certain historic landmark exemptions. To be eligible for the historic landmark
exemptions of sub-Sections (2)(b), (3)(b) and (4) above, the applicant shall demonstrate that as a
result of the development, mitigation of the project's community impacts will be addressed as
follows:
(a) Affordable housing.
(I) For an enlargement to 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 that would meet
the threshold required in Section 26.470.080(C)(5) for the applicable use. For each one 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 percent.
Staff Findinl!:
The existing building already exceeds the Floor Area for the parcel (exclusive of Floor
Area permitted through Special Review). The housing mitigation requirement is
therefore 60% of the employees generated by the expansion (100% of 60%). The re-
evaluation requirement of Resolution 36 of 1995 suggests the employee housing
mitigation requirement be recalculated for a non-theater use of the building. There
appears to be three ways in which this re-evaluation could be approached. Those
approaches are summarized under the Main Issues section of the memorandum and
tabulated in Exhibit A of the memorandum.
(2) 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.
Staff Findinl!:
The applicant has represented amenability to a condition to this effect. Staff has not
included this as a condition of approval. This standard requires that future changes be
in accordance with the Land Use Code in effect at the time, which is a requirement of
any property in Aspen. The additional deed restriction would serve no practical
purpose.
(3)
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/Pitkin County Housing Authority.
Staff Findinl!:
The applicant has represented amenability to a condition to this effect.
(4)
Any affordable housing shall comply with the standards for affordable housing set forth at
Section 26.520.020.
Staff Findinl!:
The applicant has represented that any affordable housing provided will comply with
the requirement ofthe Aspen/Pitkin County Housing Authority Guidelines.
(b) Parking. Parking shall be provided according to the standards of Chapter 26.515, if
the Historical Preservation Commission determines that parking can be provided on
the site's surface and be consistent with the review standards of Chapter 26.415, if
applicable. Any parking that cannot be located on-site and that would therefore be
required to be provided via a cash-in-lieu payment shall be waived.
Staff Findinl!:
The review of this project by the Historic Preservation Commission during the
redevelopment concluded that no additional on-site parking could be provided.
Parking is not required to be provided on Historic Landmark properties when such a
determination is made by the HPC.
(c) Off site impacts. The development's water supply, sewage treatment, solid waste
disposal, drainage control, transportation and fire protection impacts shall be
mitigated to the satisfaction of the Growth Management Commission.
Staff Findinl!:
The impacts have been mitigated and staff does not foresee any impacts that could
arise as a result of the ground-floor theaters being reconfigured for retail use. In fact,
the retail use may have substantially less impacts on these noted infrastructures.
(d) Compatibility. 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.
Staff Findinl!:
The building is not proposed to change in its general aesthetic. The building was found
to be in compliance with this standard during the redevelopment and no amendments
to open space, landscaping, or character of the building is proposed. The service area
is properly located on the alley and is sufficient to serve the proposed retail space.
ISIS TASK FORCE
Thurs. Feb. 1, 2001 - 5pm
AGENDA
1. Recap of 1-16 Meeting - Leslie Lamont
a. 1/16 Answers to questions-
b. Wheeler comments - Nida Tautvydas
2. Arts groups Reports -
Filmfest Aspen Theatre in the Park
Aspen Art Museum Aspen Music Festival
Others
3. Partner information - Sam Houston
4. Ballot discussion - Andrew Kole
"Are you supportive of a ballot question In Mayor Nov. to
save the Isis?" "What would you ask the voters?"
"What type of taxation - Special Use (taxed on what
products or services) - Sales (how much) - Mil levy - Other
5. 3 options - Leslie Lamont
a. Raise $12 mil to purchase building
i. Community Subscription Drive
b. Sam redevelops, sells, rents
c. Compromise - fundraise towards a $$$ goalto
make an ofter
6. Other discussion items
7. Group select a chair for future meetings
a. Form Financial Group
b. Form Ideas Group
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Isis Public Comments - 1/16/01
Laura Thielen, Filmfest Exec. Dir. Presented petition with 1600 signatures
supporting "Save the Isis"
. Mark Levine _ phone call prior to mtg - Reason for failure, FF shows studio
releases so public not going to reg. film showings, resulting in loss of income
for commercial operators. Encourage FF to return to a locals festival & feature
small independent films & not show national releases
. Playhouse owner, George Carisch - it will never close, Isis LLC never talked
to them, scare tactics don't work
. Jon Bush _ publiC facility inventory of buildings. Performing Arts centers
loose money, but money isn't everything, the Isis is a synergistic part of
Aspen.
. CofA through Wheeler is city subsidized. We could not afford to do it in
commercial space.
. Nick DeWolfe _ film nut. value of space, seating, surrounded by magic of film,
learn cultures, save the experience
. What are we looking at? Subsidize or purchase building
. Isis will sell building.
. Many theatres are closing across the country - what is the usage of those
spaces?
. Bill Sterling _ Nice to see so many people gathered for something other than a
funeral or wedding. Needs to remain a theatre - gathering place, dependable,
permanent. Does there need to be a deed restriction put in place? We all
came here for a reason; sports, culture, scenery, but we also wanted small
town living opportunity. City purchased Ice Palace below market value, What
would this community be without that ice facility? What is best for community
is why people come here, Red Brick, & Meadows development combined
effort of community input. We need to pull together. Refinance with owners
& city,
. Charlie Abbott - are there enough good films to fill the screen? Hollywood
films not the best.
. Andrew Kole _ reason theatres closing created by new theatres pushing out
older theatres. Better theatre experience here than Stage 3. Two types of
community _ visitors & residents. It is a form of entertainment. Need best
movies of the year but would still loose money. Do we as a community buy
this building for a theatre?
. Johathon Lewis - need to know dynamics of business possibilities
. Charlie Tarver _ if we save this building as a theatre, do we then also save
other businesses when this happens to them?
. Charles Cunniffe _ many options for usage & keep some theatres where arts
groups could partner
(con't)
Isis Public Comments, 2
· Public amenities are always subsidized.
· Film use should remain
· Split uses with Theatre in the Park in the basement
· Is the community willing to purchase the Isis?
· Advocate stadium seating.
. Stage III will continue as a theatre.
· The history of the industry; new vs old (new buildings are being built and old
ones are bankrupting)
· Our vision needs to be equal for all businesses in the community.
. We need to investigate combined multiple use.
· What is the theatre trend? What have other communities done in these
situations?
. Can we enforce deed restriction?
Sam Houston's Comments:
Economics
Partners' Intent: Retail on ground level and three theatres in the basement.
Worth $18 Million
1 million mitigation fees
1 million conversion fees
$16 million balance
$17 million with cash flow
Sale: $12 million - The Partners are willing to sell at present
This should include a $5 million tax write-off, Price not negotiable.
Monthly mortgage payment is presently $60,000
There is no security deposit left from tenant.
Need approximately three months for planning and can return answers from
partners in approximately one week.
Intend on going forward with 'Plan BOO as stated in the above intent.
TIME: Conversion approvals and conversion construction for Plan B
depends on Partnership. He is willing to fund for three months but other partners
may not agree, They cannot wait six months for the City to come up with a plan
which mayor may not work. They are looking for possible operator.
Questions directed to Sam
Are other partners interested in donations?
Maybe, but no one has stepped up,
Could there be an interim lease?
Yes. Working internally on appraisal. but no formal appraisal is being
conducted as of yet.
How much is invested in land and building?
Sam would not say.
What is your definition of time and how long is that price available?
Will forgo several million dollars to in order to assist in making this
happen,
Will you give us three months to develop a plan?
Will have partnership's answer in one week,
Any security deposits remaining?
RTA missed rent and CAM since October and in bankruptcy,
What about the Swedish lawsuit?
Just leave what you read in the papers,
City, community, and developers will have to work out a plan, is there time?
Will still look for tenants and bend over backwards to give this option an
opportunity to work.
When you go back to investors, since many contribute to NFP's, would they
commit over a longer period of time?
No answer noted
Would anyone operate on a short-term basis while the plan is worked on?
No one has come forward. Who would want to do that?
What is the cost to become operational?
$200,000 to $300,000
If all of our fundraising money falls through, are you committed to keeping the
lower level as a theatre?
Yes, Plan B keeps the lower level as a theatre.
How can we reach you?
Houstonzg(a.)aol.com
What were the gross revenues?
He never received any reports.
Richard Lawrence, RT A President
Phone discussion 1/12/01
1. Total attendance 1/1-10/12/00
97,844
2. Highest month July
lowest month Sept.
19,000
5.000
3, Projected to loose $700,000 first year
4, Occupancy costs - Rent, Taxes, CAM, Ins. $750.000
5, RTA invested $3 mil into the project as part of their contract with ISIS LLC,
$400,000 into the building shell
carpet. wallcovering, sound system, screen, projectors. ate,
rent - $35 per sq. ft, which is very high for theatre
labor costs doubled - $12,50 per hr compared to $5 & 56
6. Market projections - 1 screen for every 50,000 admissions
average person attends a movie 5-6 times per yr.
All projections concurred that Aspen would definitely do more
7, Industry divides films by area theatres, which is why Isis wasn't able to book
all top films. Isis competes with Stage 3, EI Jebel, Glenwood Springs. etc.
8. Heart broken that theatre didn't work out - Theatre projections 5 yrs ago were
much more optimistic than current projections, They would not have spent top
dollar if they weren't committed to this project - was to be RTA's flagship theatre
9, RTA wanted to leave FFE but couldn't reach an agreement with Isis LLC, so
they removed all except seats. They also have paid for wallcovering, carpet, &
other amenities which can't be removed - their loss
10. RTA tried to market additional usage -lectures, meetings, conference, etc.
but couldn't find a market.
11. Main reason for closing - not enough people to support 5 screens. RT A
would love to come back and operate less theatres if economics will work. They
feel Aspen could support 4-5 screens if the rents were lower.
Isis Meeting 1/16/01
Visions from Attendees
. Multiple room convention facility,
. Need customer attendance numbers for the February 1st meeting;
suggest inclusion of Isis, RTA, Stage III, and Filmfest
. Task force needs a business analysis; what is the market? Wheeler's
numbers and conference demands at the St. Regis or little Nell
. Art Museum on ground level vs retail space.
. Theatres on top floor are the best and put non-profits and conventions
on the lower floor.
. Stage III should buy Isis
. Isis should become a Pertorming Arts Center
. Isis should become a PAC with a few movie theatres
. Private Foundation
. Private funding form users, enforcing a monthly ree. plus retail
accessory to movies
. Hire a professional to develop plan vs task force
. Need to look at Aspen's habits before making a decision
. Media film center with education
. Need to generate two groups: Financial Blue Ribbon Panel to work
with Sam and Combine User Groups
. Create a funding source for endowments
. Add to the May ballot a referendum question to save the Isis
. What is Council's role?
. What is the historic value? City is only responsible for the exterior.
. We need to create a mission statement for the Isis.
Isis Task Force - Response Information
The little Nell
Michelle Trane, Sales Manager
. Shared information with Catering Managers, not familiar with Isis
space
. We could use additional breakout space that might be housed at the
Isis.
. A going rate depending on labor. time, number of people would range
from $500 to $1500,
The SI. Regis
John Curnom, Direct Sales & Marketing
. They don't turn any business away,
. Only full 4 to 5 times a year.
. 10 to 15 times per year is there overflow to other hotels
. Going rate is $100 to $125 per person and includes food and
beverages.
. They have board rooms and Ball rooms that will accommodate groups
from 16 to 500 people.
The Jerome
Tony Delucia
. They do not turn any conference business away.
. He feels that they may be able to utilize the facility depending on the
advertising, marketing, and pricing, their people might be able to sell it
as a high tech audio/video facility,
. As far as the money is concerned; he doesn't know as it has never
been tested to see if anyone is interested.
The Wheeler
Annual Requests we can not accommodate:
On average, fewer than 15 requests. Primarily the requests are for dates
during the summer months when the Music Festival is using the Wheeler.
Events that could be directed to a smaller venue:
Movies or some of the lectures and meetings. Most events that occur at
the Wheeler are presented here because of the size of the hall, the need
for state of the art facilities, professional staff and services, and a
proscenium stage.
Annual general info requests regarding other spaces in Aspen area:
No annual phone calls regarding other venues - and probably fewer than
10 calls annually that are directed to other venues. Generally we are able
to accommodate everyone who contacts us.
I would also add that there probably are additional organizations/individuals who
are in need of a venue but have not contacted us because they assume that the
Wheeler is unavailable.
Average Usage of the Wheeler during the last three years:
Number of Movies 169
Number of Performances 179
Number of Rehearsals 98
Number of Meetings 30
Total Events 476
Number of days booked
Local Nonprofit Usage
For-profit Usage
356
323 days or 91 %*
33 days or 9%
*Local Nonprofit usage is subsidized by 70-80% of the total cost.
Movie Statistics:
Average attendance is 89
15,7% of screenings see attendance over 135.
24,6% of screenings see attendance below 45 patrons
Isis Meeting Space Potential Needs (1/26/01)
The Little Nell
Michelle Trane. Sales Manaaer
. Shared information with Catering Managers, not familiar with Isis
space
. We could use additional breakout space that might be housed at the
Isis.
. A going rate depending on labor, time, number of people would range
from $500 to $1500,
The Sl Reais
John Curnow, Direct Sales & Marketing
. They don't turn any business away,
. Only full 4 to 5 times a year.
. 10 to 15 times per year there is overt low to other hotels
. Going rate is $100 to $125 per person which includes food and
beverages,
. They have board rooms and ball rooms that will accommodate groups
from 16 to 500 people,
The Jerome
Tonv DeLucia
. They do not turn any conference business away.
. He feels that they may be able to utilize the facility depending on the
advertising, marketing, and pricing - their people might be able to sell it
as a high tech audio/video facility.
. As far as the money is concerned; he doesn't know as it has never
been tested to see if anyone is interested.
The Wheeler
Nida Tautvvdas
Annual Requests we can not accommodate:
On average, fewer than 15 requests. Primarily the requests are for dates
during the summer months when the Music Festival is using the Wheeler,
Events that could be directed to a smaller venue:
Movies or some of the lectures and meetings, Most events that occur at
the Wheeler are presented here because of the size of the hall, the need
for state of the art facilities. professional staff and services. and a
proscenium stage,
(can't)
Mtg. Space Needs, 2
Annual general info requests regarding other spaces in Aspen area:
No annual phone calls regarding other venues - and probably fewer than
10 calls annually that are directed to other venues. Generally we are able
to accommodate everyone who contacts us.
I would also add that there probably are additional organizations/individuals who
are in need of a venue but have not contacted us because they assume that the
Wheeler is unavailable,
Average Usage of the Wheeler during the last three years:
Number of Movies 169
Number of Performances 179
Number of Rehearsals 98
Number of Meetings 30
Total Events 476
Number of days booked
Local Nonprofit Usage
For-profit Usage
356
323 days or 91 % *
33 days or 9%
*Local Nonprofit usage is subsidized by 70-80% of the total cost.
Movie Statistics:
Average attendance is 89
15,7% of screenings see attendance over 135.
24.6% of screenings see attendance below 45 patrons
City of Aspen
Land Use Codes
26,575.70 Use square footage limitations,
Within the Commercial Core (CC), Commercial (C-1), and Service/commercial/Industrial
(S/C/I) zone districts, all permitted and conditional commercial businesses shall be
restricted to the following maximum net leasable commercial and office space:
A. 3,000 square feet. The following and similar uses shall be limited to three
thousand (3,000) square feet in net leasable commercial and office space:
Antique shop; art supply; bakery; bookstore; camera shop; candy, tobacco or
cigarette shop; catalogue store; drug store; florist shop; gift shop; hobby shop;
jewelry shop; key shop; liquor store; pet shop; photography shop; stationery
store; dry cleaning; pickup station; barber and beauty shop; small appliance
store; art gallery; decorator shop; seamstress; laundromat; tailor; shoe repair
shop; radio and TV broadcasting stations; rental, repair, and wholesaling,
provided they are accessory uses; electrical and plumbing service shops;
automobile washing facility; pharmacies; art studio; and catering service,
B, 6,000 square feet. The following and similar uses shall be limited to six
thousand (6,000) square feet in net leasable commercial and office space;
Drugstore (including pharmacy); equipment rental, storage and repair; shop
craft industry; fabrication and repair and building materials; sporting goods
store; variety shqp; professional offices; and major appliance stores,
C, 9,000 square feet. The following and similar uses shall be limited to nine
thousand (9,000) square feet in net leasable commercial and office space;
service station and restaurant.
D. 12,000 square feet. The following and similar uses shall be limited to twelve
thousand (12,000) square feet in net leasable commercial and office space;
vehicle sales; builder supply yard; lumber yard; dry cleaning plant and laundry;
manufacture and repair of sporting goods; printing and publishing plant; furniture
store; carpet and floor covering store; financial instructions; and food market.
E, 20,000 square feet. The following and similar uses shall be limited to twenty
thousand (20,000) square feet in net leasable commercial and office space;
warehousing and storage,
F, Retail sales areas, All of the square footage limitations on use shall not restrict
the square footage of the total retail sales areas in these zone districts, or any
bUildings occupied by any combination of more than one of the above uses;
provided, however, that any business enumerated above, of the same type
which occur individually or jointly in a single structure or combination of
structures situated upon a single tract of land under the same ownership, shall
be considered one business and together restricted to the maximum net
leasable commercial and office space provided in this section,
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LommUllltydeffiites ISIS future
"
~~ 1!~
By Kathleen Carlson
AIDM o.w ~ Start Wrner
With a 560.000 momhly
mortgage note. the Isis
building owners' financial
clocks are ticking, and part
of the beloved theater
could be con verted to retail
space.
That's what Sam,
Houston, principal with Isis
LLC. which owns the
Dudding, said in a town
meeting Tuesday mght.
Houston's remarks came
after the Isis Theater closed
in Decemoer when its
owner lnd. ooerator. banK-
rupt Resort. Theaters \)t'
America, could not remain
committed to its lease. The
shutdown' by the Los
Angeles-based comllany
was sudden. promllting
community outcry and the
town meeting_
The discussions. held :u
the Isis. attracted, high-
powered anorneys, commu-
nity arts representatives
and concerned citizens. lS
Houston told them he
wants to keep three or t'i ve
, screelIS' operating. He also
told'- tbeaudience he and
his partners intend to con-
vert the main level or the
building to retail space.
Adding the retail space
would JDaIu< tile, bui!diIIg' s
:".~
'GIlue 518 million. Houston
Mid: '
,..' ~I coullrger'~buyer for
~18 million and I'm happy
to do it," Houston said.
'fUtd.
'?Pl
J //110 /
~;(~ f7~~ o/d
~p
J,....; --.
, '-'"
, !
/ / /1--/~)
. ,
LOCAL
Community, arts
interested in Isis
ISIS from page 1
Audience members ~xpressed
shock lnd ,\soen ceal ~state :nogul
Hariev Baldwin )[ood up. :JUt ats
jacket 'on. sala "that's ndicuio~s" lnd
Iert,
Houston ;aid he'd he '.viiling :0
take a S I million loss un the budd-
ing.
"I can see a couple of
people worth several mil-
lion dollars. I would like
to see you stand up at
some point in time."
Sam Houston
Isis lLC partner
Using the 518 million figure and
with a $5 million tax deduction, the
owners will be willing to swallow 51
million and offer the buildin g to the
city or community organization for
$12 million, Houston said. The build-
ing's value includes a $5 million
mortgage.
In the meantime. Houston JIld his
partners will pursue the conversion
and free market alternative. which
will require city approval.
Several ideas popped up as to what
to do with the bnilding if a fundrais-
log effort could buy the venue for the
arts or if the city would somehow
become involved,
The :OW;1 loesn': JppeJf :arg.::
enough :0 suPPOrt ~ignt :no\/!e
'icreens. :hree 0t which Jee J.[ Stage
]. Jccording m Houston.
"The 'conomlcs don ': work, We
were :old ~he: '.vouIJ. .1pparentl~
they don '~." ::laid Houston. wno
repeatedly saId he is not J1l expen :n
[he mOVIe business.
Ideas ;uch as reiocating, the Aspen
Art Y1useum to [he main level. creat-
ing a film center. having a live the-
ater ;rage. operating storerronts such
as a bookstore or coffee shop were
suggested. ,\11 would allow for [he
three downstairs screens to remain.
Former Aspen Mayor Bill Stirling
and local radio show. host Andrew
Kole made emotional pleas to moti-
vate the town to keep the Isis as a
theater because of its value to a cul-
tural community such as Aspen.
"Do we as a community want to
buy this theater or do we want to
spend money on sidewalks and
trains?n Kole asked.
But any plan created to serve a
community need must be concocted
quickly with [he owners paying a
monthly mortgage of 560.000,
"I can ;ee a couple uf people
worth several million dollars. I
would like to see you stand up at
some point in time," Houston sIlld.
A [ask force has been created to
generate ideas that would best serve
the community. ,\nother meeting has
been scheduled ior Feb, L
stamer) . www.aspentimes.camIV..vrII.I/;I/I7/
Radio host
airs plan
for the Isis
. Kole says he will
put forward ballot
question to save
vacant theater
By Janet Urquhart
Aspen Times Staff Writer
At least one tilm ian believes
the public may be willing to shell
Qut more than the cost of movie
tickets md popcorn to save the
Isis Theatre.
Local radio talk show host
Andrew Kole said Tuesday he
~pllniic..lUIia, ballot question
"~for the May election thaI proposes
a new sales taX or rr property taX
to raise money to buy the theater.
In 1 "worst-~ase scenario."
Kole said he figures it would cost
512 million :0 JUY 'he HOOKJOS
Avenue movie ;lOuse. Ideally. ie
added.. organizations that .;QUld
use the dve-screen theater md
philamhrop'stS Will put rorth
money to whinle down what :he
city would ;1Ctuaily have to bar-
row. '''That numbet hopefully will
come down~ '" he said.
Kole said he wii! push the
Aspen City Council to put the rei.
erendwn question un the ballot.
The number or peOllle that nave
already signed circulating "Save
the [sis' petitions reflectS support
foNueh.,. ballot measure. he con.
rends.
Aspen Filmfest has collected
. See IsiS on page 13-A
Isis
l;/lJ)O)
rJ./5jJ----
____tin'" from paCe ~.A 1 new :JpernlOf tor me !sis. 1ur
more than 1':'00 sI2narures on the warned that mwmainmg the entire
petirions4 accord!n g ::0 Laura bwlding:IS 1 :heater mav nO[ be
'Thielen. Filmiest execuove ,iirec- feaslbi<;. -
to[: Richards ;aid ;he joes not
If Kole wan15 to put ~ quesuon rule out municipal lOvoivemem
on the ballot rhrough :.l .:iuzen' S tn ~ilture Jwnership .)(:he [gis.
ioitiaDve. he must collect the ~lg- but predicted it wouid :-eauire
aawres or 806 registered ~iCy 1/0(- ,trong support from ioc..~ orgam-
en _ 15 oercent nt UtI:: number or zaLions :.hat -.vane :he ':enue ':'Fe.
voteS C:lSt ill the last ;-eguiar .:it:-' ~erved.
~iecnon. J.Ccorain~ ~o ;":;[1.,' \':::~r:< ""'To "iee dle ;,;~[V 'Jarttc:pare :n J.
K.ad1ryn Koen. .;;l01ta.i lflVe :.hrou~ J. "ate -
"'If thev. coree :TIe ~o 11) ,JUt ..1.nU ~nould one .:1['1 Jut :.;1 .'-:r'ne
get 806 ;;lgnarures. ~.'es~ ,vIiI.;o ..:ommumry ;mlS ~n ":' - :$ ~rooa-
get them. but I \lon"::!ll!1K 'lie:l bly lppruonate." joe ;:llU. "~t
need them.'. Koie --aid. '.vouid je ;rear m get :0 ~~'1e ']omr
But some C~ty CJum::1 -nc::m- wnere :here.:, j Juoii\,;:'OnvaI~
hers are not ready :0 pm :n~ ',:;sue 0wnersruo ;)t:he ~wlding-.'
before the voters l1emseives. It IdeJ,Hy, "he ~3.;~lity ;outJ Je
least nO! yet. 'lsea :'or ~olh : oc:.:...i Jro~s JIHl
Kote'') ~JUsh ,s :remarure.~alll :he 'inOwmg?f' .;ornmer-.:::.u "Urns,
:-Aayor ~:1C:1ei ~i..:~~cs. ,ne ;JlG.
-You don't~o inm u.1ese :""1J.n:!:i -:-:-:.~ ;i('; 'j ';:J.ITenuy'~se:.1fc:".-
lightly;' jue -i.u..i. -You ..:on'- .;ef :n~ 'he ~~'''''e~ues :,hat ;ouiLl .;Dffi:
'peopie :0 'iUOpon: :.l.'{::S '.lilil:J- ',vtr...'1 ":mous 'lses1t :'"1e :''1eater.
nilly. . ":'i.:c8f\1in~ .J .\li.:narcs. c:e :~;:l-
Rir..:hards '"e'.;:ills -.he ;tt'; :ur- :n::uesvlli:.'e ...:.v:l11aD!e --,.. ~-1~S-
chase .)f :tIe ~eLl 3nc-\: ,~ns.:.nu lay ~ ine::~..m~.
Recre:ltion C~nter :.n ,9Q:. 711e C;[y }[tir..:ii.llS 1lS0 ....ooe -0
city had J. business ?laIl ~n ?iac-.:-. ;auge :uoiir..: -;uopon: ~or :':"'1y ;u\'-
paying users tor the bwiding iin~ =rIlIIH:nt :nV01vement :n ;Jresef\'a-
uv and the J.biliry to ~e 0n the rion \)I the me:.uer :ll titat m~~tim;.
debt. The orooosaJ '0 .!.Se 53,0 3v KOles esum~le - With me
milliolt in ra."{-~upporred bonds:o :1elp. ~e ~a.td. Jf :m ,mrsllie num-
buy and renovate :he r'ormer :,ers ,.:runcner - J. ...;ai~s ~ax
school oassed bv three 'leteS, Increase "f2 ,)r ,] ,ercent or "
Richards )aid ..,he 10~s.;om- property ~ax hiKe JI ~.j :nib
munitv discussion on :he fate Jr would Jay .)if J. ]O-y~ ~nd ~o
the Isis. to begm "eXI Tuesday buy the oroeertV for S I: ,runion.
with a town meeting, produces l - He's ilOt' !w;iy :0 dnd support
,workable plan to presetVc the die- 00 die City Council for proposmg
arer: The' Isis closed last montl1 that kind of debt to the voters.
after Resort Theaters oi ,\merica dlough.
closed its operation lere. citing -We have so manv ocher !Jress-
mounpng finanCIal-losses. ing issues. I don't ieel II woUld be
Since die shutdown.. specuia. resoonSlble [0 bond for that.'. said
tion lOOut :he "on versIOn ,)i me Cuimcilman Tony Hershey_
theater to :1il!n-cnu :-ec1il 5pace "1 Jon' I think you em rake ~he
has heen CIIt1oant. Sam :-!ousmn. f~vored c~use of;he :noment .lOa
''iOokesman :'or :.hc:: 'Juildim(oj :Jut ~vc::r'l "'eSourc~ ~owara :t.
'WnefS_""; .aiJ-f>e 'looe. 10 ,irili:,'Ril:hirdSo-aoiroild.'. ::::.:, . . - , '.
~'i.,~_OneVa11ey~One'Newspaper ,
~-----.......:..~----
n..snowmass ViIIJJge, W4, " .'
. -. ..~.,.!...,..:
JANUARY', _'.
-.'.,-';r
,.,. We
The
Last
Picture
Sho~
. As ihe ISIS Struggies
To Stay ,A.flcat, The
Community Speaks Out
BY CARRIE cucx.
Roar1n!l ::~'l''' :~'11."a0~"';~~_:__._~---
VvT~en one "'1eWIDa
I :.rr.pro~\~1.1'~. :SlS :vlc';;~ -:-':;:;-
iller ClOse\! liO\\>il :.JSt ~:lcnE'.
arler ~ess than a yeJI' ~ oustness.
many :e~t .1 real ~er,:::ie vI ._Jss. ''10\,;':;;
0thers '_J:tereri:'~r :Ola. you ::0:'
,--\D.a :tcW~ iikl: ctie. .Je~:.Hes ;)v~r
,a:tfORlllllle:'flolI8i1lg:ma me'ew:r-
~hanging ski. ~h. winter sport ;ndt:S-
:ry. me ~sis ~ :,ecome ::mother or
.\soen's ;,ot :opu.::s.
\lany ~Oc::llS look at the :1e'.V Is.s'
.:e;'-,l"e :n1.1 ::;l"'~ :Je:.s J.Dout .:.vc:~ui:-:'_
., '
:rJ~ ,~',::.~r,(-rr.:~ .}\rt::~lS ..:rc _:re:lt1:-!~ .:.
'~~iC::-: '.;SC ~'i)r :h.; .-.1jjlG~n:;. ::,)~=r
::F:\.. ,) '''':,)r!':;;lS:,lcncf ~..;:-;iic ~Jj;:0r:~
~as ';:,~ hired ~o poit lI1S or;anlz41-
'Ions. from me ,\spen Dance ..:,)1111ec,
non to the ,\spen Comedy Arts resn-
val. to look 31multi-use options for
the building. "
So now with. the vacant Isis
Movie TbeaIer staring us in the face.
what do we do? ~-
Qntthing'it fOr SUre.There's a
50ft >po~in thecommunity's ne:JIt :~)C
the"fsis :mdwbatitbas meant to the
Roaring Forlt- Valley.
"Here'$ wb8t itmeaDS. W said
EmmyAwatd-wimJing filmmaker
Greg PoscbJn:!n,. wIio was bc>m md
raised in Aspen. "My earliest memo-
nes of the Isis were when I was 6
ye:ns (Jid. i grew up: going to thaI
movie meater. I usedto help Do~c
[Lwl project :novies il!'st:lirs, And
the ct!o~t of yet more retail ,hops
~ding 'lp mere. to me. is just trnglc,'
See ISIS, Page A4 ..
I
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"ljust jon'~ :?et ;t:" saiJ \Joe ~ong-qme local. "\\ nen my utn~r
non-profit nr commerc:J.! business has :0 raise money, they raise it
on [heir~Jwn. ljust JOll"t :-e~ '.\oI1Y:(:s ,he -":I[Y':, responsibility fO bail
those parmers out. ',Vhen jid the C';('v' <lr' ,-\spen oecome so sOl,;ialist?
11 reallv Im(a(es me:'
lc~ns Of' the past have (ailen nefore. There J.re unly .1 few build-
ings 10 town that ~lft: suil housmg theIr ,mgmm Qusmesses, Cl)Unt~
less others have I.:hanged hands muitiple times through the ~.'ears,
The .-\men \Vardv store J.t i-rvrnan md Calenu '.\iUS once the ,-\soen
post omce, then'Tom's YlarKeL .4..l.:ross the street. Lte City Bar.&
Grill was once a barue
Even on (he biock of Hookms ,""venue where rhe ISIS ,ilS idle.
there have been numerous changes,~ven In the past few decades,
Across !Tom (he mOVIe thealer. Sarriv's and ':"soen Hardware sold
lighl bulbs and hammers, \low. tha( bulldin{s basement is home to
the glitzy-ritzy Cmbou C:UD. Down me street, :he Smuggler restau-
rant and .Aspen :Vlountameenng ~ave '.vay TO hign.cnd clothing and
home rurnisnlO~ stores, Zele. ,hecorree oar ot Hookms and Galena.
used to be JIl ice :1nK m ~he :nimng days, ,md was' home to Little
Cliff's Bakery :IX ~:e:lrs DetOre l[S~reen..:oncret:e ~iock building
was razed.
StilL ;:here ~lppe:lfS to ;Je ;1 strOng: :ee~ing1gamst ruming the
movie [heater - l.~. 50merhing ~hat can oe IJSea .by virtually ~ery
member oi society - IOta lewelrv and sweater slores.
"It's too valwible to rum 1010' high..,nd retal! shops:' Poschrnan
said. "But I don't necessarily feel thaI the responsibility tor the Isis
lies with the City oi Aspen. ellher. [ think :here '5 an opporrunity
here tor some angels 10 become heroes. :-low'; the time tor another
, Walter Paepcke or another Fritz Benedict or [Joan and Irving] Har-
ris [woo led the campaign and conmbuted significantly to the con-
struetion of Harris Concert Hall] to come to the toreftont."
And Poschman ieels that the Isis could become both a nonprot~
il film and artS center and a viable commercial business. He noted
that Steamboat and Telluride have recentiv ooened state-or~lhe-art.
satellite conierence facilities.
.'What I see." he continued. ";S either an individual or a grouo
of people tonning a consorriwn who want the ISIS to not only
remain a theater. bur to become an overall community artS and con-
ierence center - md one that makes econolTUc sense. Thar means
if it's more feasible 10 make a ponion oi the bwlding a commercial
conference center lhal couid be renred out. then we should look at
that. Other areas could contain movie thealers, stages and a cinema
cate. Conceivably, it could be a combination of commercial and
public use.
'Tm optimisnc:' Poschman added. "It's importanl to keep (hat
building as a theater. AndJusr like those community ladies in 1915
who tr:lIlStonned (he Isis from a hardware SlOre [Q a theater. it's lime
for the community to transform the !sis again:'
Glrrit' C!i(;,~ ,'CJlI he .reactlr!J l<f ,-.iick(~isopris.!!er.
.
~
"ISIS TOWN MEETING"
AGENDA
I. WELCOME, INTRODUCTIONS & PURPOSE OF MEETING
II. HISTORY & BACKGROUND INFORMATION
a. CITY'S PERSPECTIVE
b. DEVELOPER'S PERSPECTIVE
III. ACTIVITY TO DATE
IV. INITIAL PUBLIC COMMENTS:
a. What does the ISIS mean to you?
V. DEVELOPMENT SCENARIOS
VI. PUBLIC INPUT / SMALL GROUP SESSIONS
VII. REPORT OUT ON SMALL GROUPS & NEXT STEPS
VIII. CLOSING PUBLIC COMMENTS
(Next Meeting: February I, City Council Chambers, 5:00 p.m.)
.
~
THE CITY OF ASPE:-.I
PRESS RELEASE
Contact: Linea Gerdenich, Director of Community RelationslCommunications
9701920-5082 Email: lindaqelalci.asDen:co.us
FOR 1M MEDIA TE RELEASE
ISIS TOWN MEET1NG -1/16/01
Aspen, Colorado - 8 JANUARY, 2001 - The community is invited to a
TOWN MEETING regarding the Isis Theatre on Tuesday, January 16, from 5 to
8pm at the 1515 THEATER. The Isis Theater after extensive renovation ciosed
its doors in early December, 2000, Tremendous community concern about this
traditional local amenity and gathering place quickly followed, The partnership,
which owns the building, has expressed a strong interest in working with the
community to explore the best possible uses for the space.
The Aspen City Council is hosting this town meeting on the future of the
Isis to facilitate a community brainstorming and strategic planning session, All
interested Aspenites are encouraged to attend the full 3-hour session, The
agenda will include opportunities for:
. Public comment:
. Presentation of history and background information
. Potential user groups interests
. Potential usage and financial scenarios
. Small group visioning of preferred futures for the Isis
. Determining next steps
"The Isis means a great deal to all of Aspen. Its closure was very
disappointing, but at the same time presents tremendous opportunities, We
need the creative energies of the entire town now to insure the best possible
outcome, The City has worked over the past several weeks researching and
(Con't)
2.
Isis, 2
gathering information, contacting potential user groups, reviewing financial
options and more, in order to pull together a productive community forum. I
strongly encourage everyone who is interested in the Isis to attend, get the facts,
and share your ideas for the future," states Rachel Richards, Mayor.
"My dream to maintain the Isis as a theatre and as an Aspen icon began
many years ago, While we now have a new challenge with the building our
objectives have not changed. We put everything we could into the renovation of
the Isis to insure that it would be a top quality facility reflecting Aspen's standing
as an exceptional resort community, We are truly saddened that our tenant
failed to live up to their obligations as the operator of the theater and that it has
closed. This community and its members have many creative ideas, I hope that
this forum will provide an opportunity for these ideas to come forth, We feel
certain that when the dust settles, the community will consider us to be a large
part of the solution to keep part or hopefully all of the Isis as a theater,'
comments Sam Houston, Manager of Isis, LLC,
"The partnership began with the idea of saving the Isis Theater, Even
though retail would have proven to be financially better, we made an effort to
serve the community interests by going forward with theaters. We still hope to
find a creative solution that encompasses this, We look forward to working with
the community, if it can be done in a timely manner, as this is proving a
considerable financial drain on the partnership," adds Heidi Houston: Isis LLC
partner.
"The Isis has played an essential role in our community for decades, In
addition, it has also been the home of Aspen Filmfest for over twenty years, We
at Filmfest are eager to work with all interested parties to insure that Aspen has a
wonderful movie house that continues to attract people of all ages and tastes for
generations to come. The Isis has been part of Aspen's heritage and the soul of
the community for over 85 years. Regardless of status, locals with 3 jobs,
visitors, good times and bad, the Isis has always been open to the community. It
is Important to the dynamics of the downtown economy and its contribution to the
livelihood of surrounding businesses, I encourage people to attend and help to
work towards a creative solution so that the Isis lives on," states Laura Thielen,
Executive Director of Filmfest.
For questions, please call 920-5082
###
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ISIS USES BY NOT-FOR-PROFITS
The following performance art and non-profit organizations were contacted with
regard to utilization of the Isis Theater:
. Theater in the Park
. Filmfest
. Aspen Santa Fe Ballet
. Choral Society
. Aspen An Museum
. Aspen Dance connection
. Music Associates of Aspen
. Comedy Arts Festival
. International Design Conference
. ACRA as spokesperson for Food & Wine
. Aspen Writer's Foundation
. Aspen Center for Physics
. Jazz Aspen at Snowmass
. Arts Council
Several general themes emerged from conversations with the various groups.
Based upon the numerous capacity requirements of various organizations, there is
true physical need to preserve and retrotit the Isis Theater for a multi-use
performance art and non-profit art center:
1. The majority of groups need performance space. The Wheeler is often booked
and many times the Wheeler is too big a space for certain venues.
2. Although the District Theater has a premier stage for performance and set
construction, scheduling conflicts exist and stage time is predicted to get more
competitive.
3. A downtown Aspen location for most venues is preferable. Filmfest would like
to keep most screenings downtown and the Art Museum would like to relocate
to downtown.
4. Flexible break out/seminar space is a vital need in Aspen,
5. The current configuration of the building would have to be altered to support
live performances.
6. Educational space for the MAA and Jazz Aspen is a need.
7. Another box office downtown would be an asset for some groups.
8. A mix of retail and artIperformance space would have to be carefully
considered. Retail such as a bookstore or coffee shop may be appropriate
verses dry goods retail.
11"1
ISIS POTENTIAL DEVELOPMENT SCENARIOS
Within the current Commercial Core Zoning District. there are several different development
scenarios for the future of the Isis. Representatives of the building's current ownership group
will discuss in more detail a possible scenario that could involve maintaining the three basement
theatres for theatre use and converting the ground !loor to tetaiL It is likely that additional
housing and parking mitigation would be required for this scenario, Typically in the CC zone
district the affordable housing mitigation requirement consists of housing 60% of from 3,5 to
5,25 employees per l.000 d, of tetail space, The parking requirement is typically two parking
spaces per 1.000 s,f. If a change in use is involved. any redevelopment application would need
to go through the Growth Management Quota System either as an exemption because of the
provision of sufficient affordable housing or as part of a competition,
Additional porential development scenarios include the foilowmg:
l. Maintain all five theatres in theatre/Performance use: This scenario wouid nor ~hange the
use or interior space of the Isis significantly. other than 1O build r'eatures [hat could pOSSIbly
accommodate some performing arts functions in addition to movie events, It is likely [hat
no additional mitigation would be reqUIred for this scenano, OwnershIp ,md funding of the
theatres could be pnvate. non-pro tit. public Ot Jointlv owned and funded if the theatres
were condominiumized,
,
Convert 2round !loor to retail and convert basement co retail/slOrage, This scenano lies el[
the other end of [he development spectrum, The building would move awav from theatre
use and would convert entirely to retaiJistOrage uses, Additional housing and parking
mitigation would be required, No public or non-profit mvolvement is assumed,
3, Mixed Use - Maintain two theatres on 2round level for theatre use and convert the
basement to retail/stora2e, This scenario is a variation of the mixed-use scenario discussed
earlier by the developer. The two larger theatres on the main level could be maintained.
and the basement space could be converted [0 retail/stOrage, Additional housing and
parking mitigation would be required, However. unlike the other mixed-use scenario, the
value of the retail/stOrage space in the basement would be 4-5 times lower than the lease
rate potential for ground floor retail, Therefore. to accomplish this scenario and preserve
the two ground floor theatres, some level of public/non-profit support may be necessary,
If the building is further condominiumized. there are multiple ownership. funding and usage
variations that could be developed (e.g.. mixed theatre and retail space on the ground tloon,
but the compatibility of the mixed uses would need to be carefully evaluated.
Beyond the initial capital requirements and conversion costs. each scenario involves a different
operating pro forma, Based on the initial experience of the former theatre-operatOr tenant.
private operation of all five theatres may not be viable under current lease terms and market
conditions, On the other hand. some combination of theatre and retail uses or conversion [0
100% retail/storage uses would probably require little or no public:non-protit operating
subsidy. but would not keep as much of the building for theatre usage,
II
SMALL GROUP VISIONING SESSIONS
1. Visioning of preferred usage and less desirable uses.
1a, Other information needed
2. What do you see as logical next steps in this discussion?
3. What do you see as the role, if any, that the City should play
in the future of the Isis?
,.,
Notes
1<:1.
Goals/Notes
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26.575.070
B. Review standards for reduction of dimensions. The Planning and Zoning Commission may
reduce the dimensions of a utility/trash service area by following the special review procedures set
forth at Chapter 26.430 if:
L There is a demonstration that given the nature of the potential uses of the building and its
total square footage, the utility/trash service area proposed to be provided will be adequate.
2. Access to the utility/trash service area is adequate.
3. Measures are provided for enclosing trash bins and making them easily movable by trash
personnel.
4. When appropriate, provisions for trash compaction are provided by the proposed develop-
ment and measures are taken to encourage trash compaction by other developments on the
block.
5. The area for public utility placement and maintenance is adequate and safe for the place-
ment of utilities.
6. Adequate provisions are incorporated to ensure the construction of the access area
26.575.070 Use square footage limitations.
Within the Commercial Core (CC), Commercial (C-!), and Service/CommerciallIndustrial
(S/CIf) zone districts, all permitted and conditional commercial businesses shall be restricted to the
following maximum net leasable commercial and office space:
A. 3,000 square feet. The following and similar uses shall be limited to three thousand (3,000)
square feet in net leasable commercial and office space: Antique shop; art supply; bakery; book-
store; camera shop; candy, tobacco or cigarette shop; catalogue store; drug store; florist shop; gift
shop; hobby shop; jewelry shop; key shop; liquor store; pet shop; photography shop; stationery
store; dry cleaning; pickup station; barber and beauty shop; small appliance store; art gallery; deco-
rator shop; seamstress; laundromat; tailor; shoe repair shop; radio and TV broadcasting stations;
rental. repair and wholesaling, provided they are accessory uses; electrical and plumbing service
shops; automobile washing facility; pharmacies; art studio; and catering service. .
B. 6,000 square feet. The following and similar uses shall be limited to six thousand (6,000)
square feet in net leasable commercial and office space: Drugstore (including pharmacy); equip-
ment rental, storage and repair; shop craft industry; fabrication and repair and building materials;
sporting goods store; variety shop; professional offices; and major appliance stores.
C. 9,000 square feet. The following and similar uses shall be limited to nine thousand (9,000)
square feet in net leasable commercial and office space: Service station and restaurant.
697
(AspeD4000l
, 26.575.080
D. 12,000 square feet. The following and similar uses shall be limited to twelve thousand
(12,000) square feet in net leasable commercial and office space: Vehicle sales; builder supply yard;
lumber yard; dry cleaning plant and laundry; manufacture and repair of sporting goods; printing and
publishing plant; furniture store; carpet and floor covering store; financial institutions; and food
market.
E. 20,000 square feet. The following and similar uses shall be limited to twenty thousand
(20,000) square feet in net leasable commercial and office space: Warehousing and storage.
F. Retail sales areas. Ail of the square footage limitations on use shall not restrict the square
footage of the total retail sales areas in these zone districts, or any buildings occupied by any com-
bination of more than one of the above uses; provided, however, that any business enumerated
above, of the same type which occur individually or jointly in a single structure or combination of
Structures situated upon a single tract of land under the same ownership, shall be considered one
business and together restricted to the maximum net leasable commercial and office space provided
in this section.
26.575.080 Child care center.
A. A day care center shall provide one off-street parking space per employee, a child load-
ing/unloading area of adequate dimensions. preferably off-street, and adequately sized indoor and
outdoor play areas and shall maintain minimum hours of operation of 7:30 a.m. to 5:30 p.m. from
Monday through Friday. t,
<,;,.,..7
B. A facility which provides regular supervision and care of five (5) or fewer children per day
shall be considered a family day care home, and shall be allowed as an accessory use, subject to the
following:
I. If the family day care home is developed in conjunction with a residential use, it shall meet
the requirements of a home occupation.
2. If the family day care home is developed in conjunction with an institution or business, it
shall be limited to use by the children of the employees or guests of that institution or business
and shall provide one off-street parking space.
26.575.090 Home occupations..
To meet the definition of a home occupation, a home occupation must comply with each of the
following:
A. Is clearly incidental and secondary to the residential use of the building;
B. Does not change the essential residential character of the use;
C. Employs no more than one person who is a nonresident of the building;
c
(^'t>co 4JOO)
698
ISIS POTENTIAL DEVELOPMENT SCENARIOS
Within the current Commercial Core Zoning District, there are several different
development scenarios for the future of the Isis, Representatives of the building's
current ownership group will discuss in more detail a possible scenario that could
involve maintaining the three basement theatres in theatre use and converting the
ground floor to retail. It is likely that additional housing and parking mitigation would
be required for this scenario. Typically in the CC zone district the affordable housing
mitigation requirement consists of housing 60% of from 3,5 to 5.25 employees per
1,000 s.f. of retail space, The parking requirement is typically two parking spaces per
1,000 s,[
Additional potential development scenarios include the following:
1. Maintain all five theatres in theatre/performance use: This scenario would not
change the use or interior space of the Isis significantly, other than to build features
that could possibly accommodate some performing arts functions in addition to
movie events, It is likely that no additional mitigation would be required for this
scenario. Ownership and funding of the theatres could be private, non-profit,
public or jointly owned and funded if the theatres were condominiumized.
2. Convert ground floor to retail and convert basement to retail/storage. This scenario
lies at the other end of the development spectrum. The building would move away
from theatre use and would convert entirely to retail/storage uses. Additional
housing and parking mitigation would be required, No public or non-profit
involvement is assumed.
3. Maintain two theatres on ground level in theatre use and convert the basement to
retail/storage, This scenario is a variation of the mixed use scenario discussed
earlier by the developer. The two larger theatres on the main level could be
maintained, and the basement space could be converted to retail/storage. However,
unlike the other mixed use scenario, the value of the retail/storage space in the
basement would be 4-5 times lower than the lease rate potential for ground floor
retail. Therefore, to accomplish this scenario and preserve the two ground floor
theatres, some level of public/non-profit support may be necessary.
If the building is further condominiumized, there are multiple ownership, funding and
usage variations that could be developed (e.g" mixed theatre and retail space on the
ground floor), but the compatibility of the mixed uses would need to be carefully
evaluated.
Beyond the initial capital requirements and conversion costs, each scenario involves a
different operating pro forma. Based on the initial experience of the former theatre-
operator tenant, private operation of all five theatres may not be viable under current
lease terms and market conditions. On the other hand, some combination of theatre and
retail uses or conversion to 100% retail/storage uses would probably require little or no
public/non-profit operating subsidy, but would not keep as much of the building in
theatre use.
ad!) -I(~ /'(~ \
1 _
( I.., J-,ru (J~cic
In
To: johnw@co,pitkin.co.us
Subject: Isis Theater C of 0
Cc: juliew@co,pitkin,co,us
John,
Partial C of 0 was issued for the Commercial areas on Dec 17, 1999.
Partial C of 0 was issued for 406 East Hopkins, Units C&D on Dee 29, 1999, (AH Units)
Partial C of 0 was issued for 406 East Hopkins, Unit B on Jan 21, 2000 (Free Mar1<et Unit)
Hope this helps.
Russell A Grance, C,B,O.
Deputy Chief Building Official
ph: 970,920,5443
fx: 970,920.5439
russellg@co,pitkin.co.us
Printed for Julie Ann Woods <juliew@ci.aspen.co.us>
1
,
...,- ,.....-
e
.
.
PLANNING & ZONING COMMISSION
MARCH 19, 1996
Chairperson Sara Garton called the meeting to order at 4:30p.m, present were
Jasmine Tygre, Roger Hunt, Steve Buettow and Timothy Mooney. Excused were
Robert Blaich and Marta Chaikovska.
STAFF COMMENTS
Isis Theatre Insubstantial Amendment
Dave Michaelson, Staff, stated that the Isis Theatre would like to amend its recent
special approval for renovation, expansion and the GMQS exemption to increase " ,
the number of theatres from four theatres to five and reconfigure the seating.
Michaelson said that the only change will be the FAR, from 1.81: 1 to 1.82: 1. Staff
considers this an insubstantial amendment.
Sunny Vann, public, commented that the reconfigured seating will be more like an
auditorium and the lobby has been improved to allow more holding capacity and
circulation through the theatre.
Garton inquired about the impact of traffic and parking by adding one more
theatre.
Vann responded that impact associated with the theatre being completely full was
discussed with Staff and Council, the applicant has agreed to discuss incentives to
encourage the use of the parking garage and encourage mass transit.
COMMISSIONER COMMENTS
Hunt commented that ifthere was a full house every night, it may spread out the
flow of people because the times would be spread out another fifth.
Michaelson stated that the larger theatre will remain for special events. Vann
responded that other than the reconfiguration of the seating, the two larger theatres
upstairs remain intact.
Garton stated that the present Isis holds 350 and the Wheeler holds 375. Garton
clarified that Staff would like an approval from P&Z, and that the insubstantial
amendment would be Staffs call.
,-
e
.
.
-
PLANNING & ZONING COMMISSION
MARCH 19. 1996
MOTION: Hunt moved that the reconfiguration as represented
appears to be an insubstantial modification of the original
approval and recommend that Staff continue. Seconded by
Tygre. All in favor, motion carries.
Mooney stated that after the worksession on the effectiveness of the ADD
program he did not feel confident that the program is accomplishing what was
intended. Mooney said that he did not feel satisfied with P&Z's ability to
administrate the ADD's.
Garton responded that all the Commissioners were concerned however, it is a City
ordinance and the board must hear any project that falls under a City ordinance.
Mooney stated that he would like the Council to consider a suspension or a time
period to complete the survey of the ADD's.
David Hoefer, Assistant City Attorney stated that if the P&Z was interested in
sending a message to Council, he recommends getting on the agenda for the next
Council meeting so Staff can address the issue.
Tygre agreed with Mooney's concern that without the essential information for
making decisions the Commission is making decisions blind. Tygre also stated
that the sense of urgency Mooney brings forth is important.
MOTION: Mooney moved to put the ADD study on the next
P&Z agenda with new/additional information from Staff showing
that the intent of the ADD program is being complied with.
Seconded by Buettow. All in favor, motion carries.
Michaelson responded that George Krawzoff did finish the ADD study and tried
to trace the 30 unaccounted for and Staff could respond at the April 2, 1996.
Buettow asked for an update on the insubstantial amendment for 204 E. Durant
project.
Stan Clausen, Director of Community Development responded that the project
was signed off as an insubstantial amendment.
2
,.1f
'.
VANN ASSOCIATES
Planning Consultants
March 15, 1996
HAND DELIVERED
Mr. Dave Michaelson
Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Isis Theatre Renovation and Expansion
Dear Dave:
e
As we discussed. Isis, LLC, would like to amend its recent GMQS exemption and
special review approval for the renovation and expansion of the Isis Theatre. More
specifically, the Applicant would like to increase the number of theatres from four to
five, and to reconfigure the theatres' seating arrangements to provide a better viewing
experience.
The Applicant proposes to reconfigure the building's lower level to accommodate three
theatres as opposed to two (see accompanying architectural plans). No increase in the
total number of theatre seats, however, is proposed. The interior lobbies will also be
revised to improve circulation and to enlarge the waiting areas. No revisions to the
exterior of the building, or to the approved affordable housing units, are proposed. The
amount of open space and the building's trash and utility area will also remain un-
changed.
The proposed revisions will increase the building's floor area ratio and its net leasable !C.I. n
area. Floor area will increase from 16,303 square feet to 16,416, an increase of 113 4--T 'f"I"'o
'square feet. As a result, the building's floor area ratio will increase from 1.81:1 to
1.82:1. The building's net leasable area will increase from 11,216 square feet to 15,671" NL-
square feet. an increase of 4,455 square feet. This increase can be attributed primarily
to the inclusion of the fifth theatre. Aciditional net leasable area. however, will be
generated by the reconfi!!llration of the lobbv areas. .-
---
.
As you know, the Planning and Zoning Commission granted both a GMQS exemption
and special review approval for the expansion of the Isis Theatre. The GMQS exemp-
tion dealt primarily with the Theatre's expanded net leasable area and its associated
affordable housing impacts. The expanded Theatre's parking requirement was waived
by the Historic Preservation Commission. Special review approval was granted to
increase the Theatre's floor area, reduce the size of its trash and utility service area, and
to reduce its open space requirement.
230 East fJcoklns Avenue' ;',sperl. ColoradO 2,1611' 9-:92.5...3958' =ax 9,0/920-9310
~'.
.
.
Mr. Dave Michaelson
March 15, 1996
Page 2
No increase in the Theatre's projected employment is anticipated, as no increase in the
number of theatre seats is proposed. The approved seating will simply be reconfigured
to enhance the customers' enjoyment of the movie experience. Please note that the
Planning and Zoning Commission's GMQS exemption approval contains a condition
that requires a future audit of the Theatre's actual employment, and a requirement that
additional affordable housing be provided in the event necessary. As no revisions are
proposed which effect the prior GMQS exemption approval, further review by the P&Z
with respect to the proposed increase in net leasable area would not appear to be re-
quired.
With respect to the P&Z's special review approval to increase the building's floor area,
further review also would not appear to be required given the limited narure of the
proposed increase. The proposed t100r area increase of 113 square feet represent a one
percent increase in the Theatre's approved floor area and will not require any modifica-
tions to the exterior of the building. The increase results solely from the reconfigura.
tion of the Theatre's interior. As a result, the proposed t100r area increase is consistent
with the P&Z's original consideration of the applicable review criteria.
As no revisions are proposed to the building's approved open space or trash and utility
service area, the P&Z special review approvals with respect to these two issues are
unaffected by the Applicant's proposal. Similarly, further HPC or City Council review
would not appear to be required, as no exterior modifications are proposed and the
project's on-site affordable housing remains unchanged.
I would appreciate it if you would review the accompanying drawings and let me know
as to whether further review by the P&Z will be required to approve the Applicant's
proposed revisions. It is my understanding that you intend to informally discuss the
matter with the P&Z at its March 19 meeting. I will be present at the meeting to
answer any questions which may arise.
Yours truly,
c:\bus\city.llr~lr28395,dml
"~i_l.
.
.
VANN ASSOCIATES
Planning Consultants
March 15, 1996
HAND DELIVERED
Mr. Dave Michaelson
Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Isis Theatre Renovation and E:rpansion
Dear Dave:
As we discussed. Isis, LLC, would like to amend its recent GMQS exemption and
special review approval for the renovation and expansion of the Isis Theatre. More
specifically, the Applicant would like to increase the number of theatres from four to
five, and to reconfigure the theatres' seating arrangements to provide a better viewing
experience.
The Applicant proposes to reconfigure the building's lower level to accommodate three
theatres as opposed to two (see accompanying architecrural plans). No increase in the
total number of theatre seats, .however, is proposed. The interior lobbies will also be
revised to improve circulation and to enlarge the waiting areas, No revisions to the
exterior of the building, or to the approved affordable housing units, are proposed. The
amount of open space and the building's trash and utility area will also remain un-
changed.
The proposed revisions will increase the building's floor area ratio and its net leasable CA D
area, Floor area will increase from 16,303 square feet to 16,416, an increase of 113 4--T~
'square feet. As a result, the building's floor area ratio will increase from 1.81:1 to L-
1.82:1. The building's net leasable area will increase from 11,216 square feet to 15,671.... N
square feet, an increase of 4,455 square feet. This increase can be attributed primarily
to the inclusion of the fifth theatre, Additional net leasable area, however, will be
generated by the reconfi~ration of the lobbv areas,
--
As you know, the Planning and Zoning Commission granted both a GMQS exemption
and special review approval for the expansion of the Isis Theatre. The GMQS exemp-
tion dealt primarily with the Theatre's expanded net leasable area and its associated
affordable housing impacts. The expanded Theatre's parking requirement was waived
by the Historic Preservation Commission. Special review approval was granted to
increase the Theatre's floor area. reduce the size of its trash and utility service area, and
to reduce its open space requirement. '
220 East )-Jeoklns Al)enue. .J..spen. Coloraco 31611 . -3-: -'?25.c953. =ax 970/920-9310
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.
Mr. Dave Michaelson
March 15, 1996
Page 2
No increase in the Theatre's projected employment is anticipated, as no increase in the
number of theatre seats is proposed, The approved seating will simply be reconfigured
to enhance the customers' enjoyment of the movie experience, Please note that the
Planning and Zoning Commission's GMQS exemption approval contains a condition
that requires a future audit of the Theatre's actual employment, and a requirement that
additional affordable housing be provided in the event necessary. As no revisions are
proposed which effect the prior GMQS exemption approval, further review by the P&Z
with respect to the proposed increase in net leasable area would not appear to be re-
quired.
With respect to the P&Z's special review approval to increase the building's floor area,
further review also would not appear to be required given the limited nature of the
proposed increase. The proposed floor area increase of 113 square feet represent a one
percent increase in the Theatre's approved floor area and will not reqUire any modifica-
tions to the exterior of the building. The increase results solely from the reconfigura-
tion of the Theatre's interior. As a result, the proposed floor area increase is consistent
with the P&Z's original consideration of the applicable review criteria.
As no revisions are proposed to the building's approved open space or trash and utility
service area, the P&Z special review approvals with respect to these twO issues are
unaffected by the Applicant'S proposal, Similarly, further HPC or City Council review
would not appear to be required, as no exterior modifications are proposed and the
project's on-site affordable housing remains unchanged.
I would appreciate it if you would review the accompanying drawings and let me know
as to whether further review by the P&Z will be required to approve the Applicant's
proposed revisions. It is my understanding that you intend to informally discuss the
matter with the P&Z at its March 19 meeting. I will be present at the meeting to
answer any questions which may arise.
Yours truly,
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THE CITY OF ASPEN
PRESS RELEASE
Contact: Linda Gerdenich, Director of Community Relations/Communications
970/920-5082 Email: lindaQe(1ilci.aspen.co.us
FOR IMMEDIATE RELEASE
ISIS TOWN MEETING -1/16/01
4
Aspen, Colorado - 8 JANUARY, 2001 - The community is invited to a
TOWN MEETING regarding the Isis Theatre on Tuesday, January 16, from 5 to
Bpm at the ISIS THEATER. The Isis Theater after extensive renovation closed
its doors in early December, 2000. Tremendous community concern about this
traditional local amenity and gathering place quickly followed. The partnership,
which owns the building, has expressed a strong interest in working with the
community to explore the best possible uses for the space,
The Aspen City Council is hosting this town meeting on the future of the
Isis to facilitate a community brainstorming and strategic planning session, All
interested Aspenites are encouraged to attend the full 3-hour session, The
agenda will include opportunities for:
. Public comment:
. Presentation of history and background information
_ . Potential user groups interests
. Potential usage and financial scenarios
_ . Small group visioning of preferred futures for the Isis
_ . Determining next steps
"The Isis means a great deal to all of Aspen, Its closure was very
disappointing, but at the same time presents tremendous opportunities, We
need the creative energies of the entire town now to insure the best possible
outcome. The City has worked over the past several weeks researching and
(Con't)
Isis, 2
gathering information, contacting potential user groups, reviewing financial
options and more, in order to pull together a productive community forum. I
strongly encourage everyone who is interested in the Isis to attend, get the facts,
and share your ideas for the future," states Rachel Richards, Mayor.
'-'Sam reQuests that his Quote remain intact........ "My dream to
maintain the Isis as a theatre and as an Aspen icon began many years ago,
While we now have a new challenge with the building our objectives have not
changed. We put everything we could into the renovation of the Isis to insure
that it would be a top quality facility reflecting Aspen's standing as an exceptional
resort community. We are truly saddened that our tenant failed to live up to their
obligations as the operator of the theater and that it has closed. This community
and its members have many creative ideas. I hope that this forum will provide an
opportunity for these ideas to come forth. We feel certain that when the dust
settles, the community will consider us to be a large part of the solution to keep
part or hopefully all of the Isis as a theater, " comments Sam Houston, Manager
of Isis, LLC.
"The partnership began with the idea of saving the Isis Theater. Even
though retail would have proven to be financially better, we made an effort to
serve the community interests by going forward with theaters. We still hope to
find a creative solution that encompasses this. We look forward to working with
the community, if it can be done in a timely manner, as this is proving a
considerable financial drain on the partnership," adds Heidi Houston, Isis LLC
partner.
"The Isis has played an essential role in our community for decades. In
addition, it has also been the home of Aspen Filmfest for over twenty years. We
at Filmfest are eager to work with all interested parties to insure that Aspen has a
wonderful movie house that continues to attract people of all ages and tastes for
generations to come. The Isis has been part of Aspen's heritage and the soul of
the community for over 85 years. Regardless of status, locals with 3 jobs,
visitors, good times and bad, the Isis has always been open to the community, It
is Important to the dynamics of the downtown economy and its contribution to the
livelihood of surrounding businesses. I encourage people to attend and help to
work towards a creative solution so that the Isis lives on," states Laura Thielen,
Executive Director of Filmfest.
For questions, please call 920-5082
###
~
"
MEMORANDUM
FROM
Mayor Richards and City Council
Steve Barwick, City Manager S- (.../4
Julie Ann Woods, Community Development Director (1;.
December 28, 2000 /
TO:
THRU
DATE:
RE:
ISIS Theatre Approvals
Attached is a memo from Mr. Stan Clauson whom I hired to complete a quick assessment
of the Development Approvals that were given to the ISIS Theatre, Mr. Clauson outlines
the various actions that were taken by referencing certain resolutions and/or ordinances
and the dates of those approvals, Beginning on page j, Mr. Clauson draws conclusions
from the document review On page 8, he outlines the various additional reviews that
mav be necessary if the theatre use is terminated and other uses take over the space,
It is important to note that "any substantial change 10 a condition or representation of an
original developme/1t allotmefll shall constitllle an amendmenf' to the development order.
This would require a public hearing before both the Grow1h Management Commission
and the City Council.
Please let me know if you have any questions regarding the previous actions taken on this
project or if you would like to discuss this information further.
Cc: ISIS File
Memo
STA.' CL\LSO:"j ASSOCIATES, LLC
Planning. Urban Design
Transportation Stu.dies
Project Management
200 E.-\ST :V\AIN STREET
AsPE:--:, COLJRADO 81611
TEUPHO"E: 970.925.2323
FAX: 970.920.1628
E-MAIL: -dauson@csl_com
To: Julie Ann Woods, City of Aspen
Community Development Director
From: Stan Clauson, AICP, ASLA
CC: John Worcester, City Attomey
Date: 27 -Dec-OQ
Re: Isis Theatre Approval Review
Annotated Documents List
HPC Approvals
The HPC approval record begins with a Conceptual Approval Public Hearing on 23
August 1995, carries through a number of worksessions with the HPC, and
culminates in a Final Review Hearing on 12 March 1997, As a parallel activity, the
Isis LLC sought HPC Landmark Designation for the site and structure, Landmark
designation permitted greater development flexibility for the site and ensured HPC
review of the proJect, Landmark status was granted by Ordinance #58, series of
1995, The key documents relating to the HPC review are summarized below
1, Minutes-Conceptual Public Hearing, 23 August 1995
Discussion largely focuses on the addition of residential development to the top of
the existing building. However, there is also considerable discussion favoring the
theater renovation. Jake Vickery, then a member of the HPC, states a dissenting
opinion that "I am perfectly willing to get rid of the theater, I would rather have the
building than the theater use," However, most other opinions agree with Harley
Baldwin, attending the hearing as a concemed citizen: "This is one of the top ten
buildings in downtown and the theater use is fabulous, I feel the theaters will add
life to the downtown." Conceptual approval is granted with conditions focussing
on a restudy of the rooftop residential units, along with the elevator and stair
tower,
2, Minutes-Worksession, 27 September 1995
This worksession brought continuing debate on the rooftop units, and the need
for setbacks from the existing building and the use of distinguishably different
. Page 1
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materials for the new portions. HPC member Sven A1strom states: "I approved
conceptual because of the importance of the Isis and the revitalization. This does
not look like a renovation project to me, I approved conceptual largely because of
the housing program and the theater expansion.... It is very important that we
resolve the architectural solution before we go to final."
3. Minutes-Worksession, 8 November 1995
Historic Preservation officer Amy Guthrie states: "We have a new rendering in the
packet and they are scheduled to go to P&Z." Chair Donnelly Erdman concludes
the meeting stating that the main issue is the choice of exterior materials. Roger
Moyer states that he feels "The design is great."
4. Minutes-Worksession, 14 February 1996
This worksession focussed on materials,
5, Minutes-Proposed amendments to Conceptual Approval, 10 July 1996
Discussion focussed on the west wall projecting behind the Fox Photo building
toward the alley which has some issues with the masonry. The architect
recommended removing and rebuilding the existing wall. This was approved with
conditions as to the nature of the reconstruction,
6, Memo to HPC re, Extension of Conceptual Approval, 22 January 1997
This memo recommends a motion to extend conceptual approval for the Isis
Theater to 23 August 1997, Although no minutes of the approval of that motion
were provided, it appears that conceptual approval was extended.
7, Memo, Resolution, and Minutes granting Final HPC Approval, 12 March 1997
Approval was granted on a 4-1 vote by the HPC, Conditions related to providing
samples of materials, retaining the "Isis" sign, repair of historic materials, creation
of a story board, etc. There were no conditions relating to the interior use of the
structure.
8, Informational memo relating to construction start and HPC monitoring, 8 April
1998
9, Further informational memo relating to construction start, 24 July 1998
This memo from Amy Guthrie enumerates four conditions which were clarified
during April, 1998 site visits. All four conditions relate to construction practices
and issues
10. Memo and Resolution amending Final HPC Approval, 10 March 1999
. Page 2
These amendments all relate to the design and materials used in the exterior of
the free market unit to be constructed on top of the theater,
11. Memo relating to further amendments for the free-market residential unit, 8
September 1999,
Open Space Text Amendment and Deferral Resolution
On 2 October 1996, the Isis LLC filed a request for a text amendment wtlich 'MJuld
have eliminated the requirement for a cash-in lieu payment wtlen "the HPC approves
the on-site relocation and/or expansion of an Historic Landmark into required open
space...." In seeking this text amendment, the applicants noted that this change
'MJuld be consistent with the current possibility of waiving the parking cash-in-Iieu
requirement as provided in the Aspen Land Use Code, Staff recommended denial of
this Code Amendment request, noting that the open space cash-in-lieu requirement
is useful for funding open space and mall improvement objectives in the Commercial
Core,
However, staff recommended the pOSSibility of a deferral of fees, wtlich was
approved by Council as Ordinance No. 45, Series of 1996. This change to the code
permitted the Planning & Zoning Commission, as part of a Special Review process,
to "allow the required payment-in-lieu to be amortized in equal payments over a
period of up to five years, without interest." However, in March 1998, ISIS came
before Council seeking an additional five-year deferral before the required payments
begin,
In both the staff memorandum and in Resolution No, 98-18, granting the deferral,
reference is made to the value of a redeveloped theater to the community as a
reasonable basis for granting this extra relief. The resolution provides the following
conditions:
1, The five $50,000 per year payments, without interest, will begin on the
fifth anniversary after the date of issuance of the building permit, rather
than in year 1 as currently required.
2. If the property is not redeveloped according to the site specific
development plan for the renovation of the building as theaters, as
represented to, and approved by City Council via Ordinance #59,
Series of 1995, this payment schedule shall be considered null and
void.
. Page 3
GMQS Exemption and Special Review
On 12 October 1995, Isis LLC applied for Historic Landmark Designation, GMQS
Exemption, and Special Review. The Historic Landmark Designation is covered
under the historic preservation section above. The GMQS Exemption is available
only for Historic Landmark properties, and permits the applicant to enlarge the floor
area wl1en 100% of the additional required affordable housing is provided as part of
the project. It is important to understand that the exemption provided is an exemption
from GMQS scoring and competition only, and not an exemption from other
requirements of the code,
In proposing two 3-bedroom affordable housing units, Isis stipulated that all
affordable housing requirements vvere met because a theater uses inherently fevver
employees than other commercial uses. Sunny Vann, their planning consultant, in
his letter of application, provided an analysis that the amount of expansion would
normally generate a requirement to house 11.45 employees based on the increase in
square footage. Hovvever, he stated that the Isis Theater would require only five full-
time equivalent employees, On this basis, the affordable housing requirement was
deemed to be satisfied and an exemption was granted by the Planning & Zoning
Commission and City Council.
Similarly, the specific use as a theater was the basis for a reduction in the parking
requirement. Under the Land Use Gode. historic properties do not have to pay a
cash-in-lieu payment for parking wl1ich cannot be provided on site, Hovvever, in
agreeing to this provision, substantial discussion was devoted to the idea that a
theater would require parking in the evening wl1en more spaces vvere available in the
Rio Grande Garage and wl1en on-street parking needs vvere generally less severe.
Thus the theater use was considered to be complementary to the dO'Mltown parking
needs, as opposed to a daytime commercial use that would exacerbate those needs,
Finally, the Special review requests related to an increase in the allowable floor area
ratio to provide for the affordable housing, a reduction of the required area for trash
and utility service, and a reduction of the required open space,
Following is a summary of the documents relating to these approvals:
1, Application Letter from Sunny Vann, dated 12 October 1995
2, Planning & Zoning Commission Resolution No. 36, Series of 1995, dated
19 December 1995, approving a GMQS Exemption and Special Review
It should be noted that this approval specifically requires an employee audit, two
years following the issuance of a Certificate of Occupancy, to determine if the
lovver level of employment projected for the Isis Theater is in fact correct. Any
additional employee generation determined by the audit 'MJuld require additional
mitigation, The P&Z vvent on to say: "In addition, the approved employee
. Page 4
calculation of five (5) employees is only applicable to the Isis project and any
future uses will require a r~valuation for mitigation purposes:
3. Memo from city planner Dave Michaelson to City Council recommending
approval of the Growth Management exemption for the Isis project, dated
8 January 1995
In response to concerns raised at first reading, Michaelson devotes a substantial
portion of the memo to two specific issues:
(1) Is there a method to ensure that all approvals are contingent on the
continued use of the property as a theater?, and
(2) 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
seating at the Isis?
Michaelson responds that "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-Iieu or off-site buy-down of existing units,
With respect to traffic, he notes: "The Planning commission did not require
specific mitigation for transportation impacts due to the pedestrian nature of the
downtown core and the availability of evenina par1<:ina at the Rio Grande Parkina
Garaae" [emphasis added],
4. City Council Ordinance No, 59, Series of 1995, approving the proposed
affordable housing units in association with the remodel and renovation of
the Isis Theater, dated 8 January 1996,
Conclusions from Document Review
Conclusions from the HPC Review
Reviewing the documents that constitute the historical record of the HPC review
the following conclusions may be drawn:
1. The Isis Theater redevelopment went through an extensive review process
with the Historic PreselVation Commission.
2. The construction as undertaken appears to have satisfied the expectations
and conditions generated through the review process,
3. The applicants made it clear that their intention was to reuse the site as a
theater.
4. While a number of HPC members and the general public expressed the
sentiment that they favored granting the HPC design approvals because of
. Page 5
the reuse of the site as a theater, there are no conditions attached to any of
the approvals that the resulting structure must be used as a theater.
5. The City of Aspen Land Use Code does not support a requirement that an
HPC review be limited to a certain specific use,
6. For purposes of the HPC approval, the structure is not limited to a specific
commercial use. However, any exterior changes including those which might
be needed in the context of a conversion to other uses, would require HPC
review and approval.
7. Maintaining the "Isis" theater sign was a specific condition of approval.
Removal of that sign would require approval by the HPC,
Conclusions from the Open Space Text Amendment and Resolution Review
1, The memos and pertinent resolutions all reference the importance of the
redevelopment of the Isis theater as a continuing theater location,
2, The building permit for the Isis was issued on 15 April 1998. This means that,
according to the Council resolutions, open space cash-in-lieu payments
should begin on 15 April 2003 with the first payment of $50,000,
3, The property was redeveloped according to the site specific development plan
for the renovation of the building as theaters,
4. However, since the entire resolution is predicated upon representations that
the theater use would continue and relief was granted to further support this
purpose, specifically, < in recognition of the value of the theater to the
community," it appears that a cessation of theater use should cause the entire
$250,000 of open space cash-in-Iieu payments to be due and payable
immediately,
Conclusions relatino to the GMOS Exemption and Plannino Commission Special
Review
1. The exemptions granted were based on the specific applicant references to
the theater use. These references impacted employee generation and traffic
issues, which were deemed to be less critical with respect to a theater use,
2. The granting of a GMOS exemption from the competition and scoring process
was based specifically on the assertion by the applicant that 100% of the
employee housing needs were being met. If a different commercial use had
been proposed, an exemption may not have been granted to the project
because 100% percent of the housing needs may not have been met.
3. There is nothing in the approval process or in the code which precludes the
owner from further land use applications for commercial uses other than a
. Page 6
theater. In fact, the Commercial Core zoning provides for the widest variety of
possible commercial uses, including retail.
4. Any such application 'MJuld require a full review process, wtlich could include
GMQS competition and scoring, and the establishment of requirements for
additional employee housing mitigation and additional parking mitigation. A
proposal for a use other than that specified in the original application 'MJuld
require either the re-establishment of a GMQS exemption, or a full GMQS
process.
5. The development of any retail in the Isis Theater structure 'MJuld be subject to
current store size limitations in the Land Use Code,
6. Any exterior changes, including the removal of the "Isis" theater sign, 'MJuld
require review by the Historic Preservation Commission as required in the
Land Use Code.
Code provisions Relating to an Amendment at a Development Order
1. Section 26.470.110, Amendment of development order, provides that "Any
request to change an element of a development order authorizing a
development allotment or any substantial change to a condition or
representation of an original development allotment shall constitute an
amendment subject to the requirements of this Section.
2. A change from the theater use to another commercial use, or any change that
'MJuld convert a portion of the theater use to another commercial use, 'MJuld
constitute a 'substantial change to a condition or representation of an original
development allotmenr as 'NaS originally granted to the Isis.
3. The procedure for review of such an amendment, in Section 26.470.110,
provides for public hearings before the Growth Management Commission and
the City Council. One of the required findings in permitting an amendment is
a finding affirming the original development allotment in the context of the
proposed amendment. It is also possible to determine that an amendment is
inappropriate because the proposed change renders the proposal a new
application. The applicant 'MJuld then be required to file a new application for
the proposed use.
4. In determining wtlether an amendment to the current development allotment
or a new application is appropriate, the key issues will certainly be those
issues most discussed in the original application, namely, mitigation for
employee generation and mitigation for required parking.
. Page 7
Possible Development Outcomes
Several possible development outcomes are have been reported or discussed in the
media. Following is a brief analysis of mitigation and approval requirements v.tlich
might be applied to the various outcomes:
1. Closure as a theater, no new tenant:
a. Payment of deferred open space cash-in-Iieu
b, Retention of Isis sign and exterior features
2. Public use and/or ownership as a cinema or theater-no change in approvals
or mitigation requirements, same as continued private use as theater
3. Conversion to all retail space:
a. Payment of deferred open space cash-in-Iieu
b, Application for amendment of development order or, if required, new
full GMOS application
c. Affordable housing mitigation provided for at least 6 additional
employees
d. Possible mitigation required for parking
e, HPC review of any exterior changes
4. Conversion to part retail space with partial retention of cinema/theater use:
a. Review of deferred open space cash-in-lieu by Council, possible
retention of some benefit
b. Application for amendment of development order or, if required, new
full GMOS application
c. Affordable housing mitigation provided for additional employees based
on ratio of retail to theater
d. Possible mitigation required for parking based on size of retail
component
e. HPC review of exterior changes
. Page 8
HAAS LAND PLANNING, LLC
January 11, 2001
Mr. Brad Krevoy
Aspen Theatre Assets
1401 Ocean Avenue, #301
Santa Monica, CA 90401
RE: Isis Theatre approvals and remaining development potential
Dear Brad:
As per your request, I have analyzed the land use approval records pertinent to
the above described property as well as the City of Aspen zoning and land use codes.
Based on this somewhat precursory (due to time constraints) review, I have come to
the conclusions outlined below with regard to the property's remaining development
potential for converting the ground floor into two levels of retail space. My
conclusions are reached en route to explaining the existing approvals and the zoning of
the subject property.
EXISTING APPROVALS
The approvals for the Isis renovation/expansion were granted and
memorialized through the approval of three separate documents: Planning and Zoning
Commission Resolution Number 36-95; City Council Ordinance Number 58-95; and,
City Council Ordinance Number 59-95. A fourth approval amending those
previously granted was given by the Planning and Zoning Commission without formal
adoption of a resolution. All four approvals are summarized below.
Planning and Zoning Commission Resolution Number 36-95
This resolution granted a Growth Management Quota System (GMQS)
exemption for the expansion of the Isis Theatre building and Special Review approval
to: a) exceed the property's allowable floor area, b) reduce the minimum required
dimensions of the building's trash and utility area, and c) reduce the minimum open
space requirement of the property's underlying zone district (which is CC,
Commercial Core). These approvals were granted subject to a list of ten (10)
conditions.
The GMQS exemptions were for the enlargement of an historic landmark
structure that added both floor area and net leasable space. In addition, GMQS
201 N. Mill Street, Suite 108 0 Aspen, CO 81611 0 (970) 925-7819' fax (970) 925-7395
o Page 1 of 5 0
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exemptions were granted for the reconstruction of one demolished free market
dwelling unit and the addition of two deed restricted affordable housing units.
The allowable floor area ratio (floor area-to-lot area ratio, a/k/ a FAR) of the
underlying zone district is 1.5:1, which can be increased up to 2:1 by Special Review
provided at least 60% of the additional floor area beyond that allowed as of right is
used for residential purposes deed restricted in accordance with the affordable housing
guidelines. With a lot area of 9,027 square feet, the allowable floor area by right is
13,541 square feet (9,027 times 1.5). The approval granted by the Planning and Zoning
Commission allowed for 16,303 square feet of floor area, or an FAR of 1.81:1. With
this increase, at least 1,657 square feet of the total area was required to be included
within deed restricted affordable housing ([16,303 - 13,541] x 60%). The proposal
provided 2,610 square feet of deed restricted affordable housing and, therefore,
exceeded the requirement by 953 square feet.
Based on the amount of net leasable area (11,216 square feet) within the then
proposed structure, a trash and utility area measuring 24' x 10' would have been
required pursuant to the dimensional requirements of the CC zone district. The
Special Review approval allowed the trash and utility area to be reduced to 20' x 10', a
four foot reduction in the otherwise required length.
The Commercial Core zone district requires that 25% of a site be maintained in
a condition that complies with the City's definition of "open space." Thus,
approximately 2,257 square feet (9,027 x 25%) of the property would have been
required to be left more or less undeveloped. The approval allowed this requirement
to be reduced to just 540 square feet of open space, or just under 6%. A cash-in-lieu of
open space payment was required.
The ten conditions of approval do not detail the approvals as done above but,
instead, refer to the application as being approved as proposed. Most of the conditions
are fairly innocuous and have already been met with the redevelopment. However,
one specific condition (#8) is of particular concern for the desired remodel.
Specifically, condition number 8 states that:
The applicant shall be responsible for providing and audit of employees two years
after the issuance of a C. 0. [Certificate of Occupancy] verifying the employee
assumptions contained in the application. Ibis 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 [full-
time equivalents], the applicant shall be required to mitigate any additional
employees according to the Guidelines in affect at the 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.
201 N, Mill Street, Suite 108 0 Aspen, CO 816110 (970) 925-7819' fax (970) 925-7395
o Page 2 of 5 0
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In other words, the approvals for employee generation and the level of
mitigation (affordable housing) required were limited to the Isis Theatre project only.
Any expansion or change-in-use will require additional analysis to ensure that an
expansion of employee housing needs will be mitigated. City staff explained in their
memo of January 8, 1995 to City Council that, "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 [Historic Preservation Commission] or staff would support additional
units on the rooftop, which would effectively restrict additional on-site housing to the
interior of the structure."
City Council Ordinance Number 58-95
This ordinance designated the property and building as a local historic
landmark. Designation was required in order to be eligible for the GMQS exemption.
City Council Ordinance Number 59-95
This ordinance approved the project's required on-site affordable housing units.
Finally, as mentioned above, at their March 19, 1996 meeting, the Planning and
Zoning Commission approved a subsequent request to amend their previous approval,
such that an additional theatre (5 instead of the previously approved 4) could be
included within the structure. The approved revisions effectively increased the
allowable floor area (FAR) and net leasable space. The approved floor area was
increased from 16,303 square feet to 16,416 square feet (an increase of 113 square feet),
bringing the allowable FAR from 1.81:1 to 1.82:1. The approved net leasable area was
increased from 11,216 square feet to 15,671 square feet (an increase of 4,455 square
feet). No changes to the employee housing requirements, open space approval, or
trash and utility area were required in connection with the approved revisions.
In effect, the approvals allowed for the following:
FLOOR ORIGINAL APPROVALS 1996 AMENDMENTS
LEVEL FAR N.L. SEATS FAR N.L. SEATS
LOWER --- 4,133 320 --- 4,133 320
GROUND 10,623 7,083 560 10,736 11,538 560
SECOND 5,680 --- -- 5,680 -- --
TOTAL 16,303 11,216 880 16,416 15,671 880
N.L. represents net leasable area in square feet, and FAR represents floor area in square feet
201 N, Mill Street, Suite 108 0 Aspen, CO 81611 0 (970) 925-7819' fax (970) 925-7395
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In addition to the above, the entitlements included approval of the architecture
and site plan by the Historic Preservation Commission (HPC). As part of the GMQS
exemption requests, recommendations were required from the Growth Management
Commission (GMC). The GMC and Planning and Zoning Commission were required
to consider parking demands and mitigation of these demands as part of their approval.
However, the parking standard applicable to the particular GMQS exemption used
states that, "Parking shall be provided according to the standards of Article 5, Division 2
and Division 3 [since amended to Chapter 26.515], 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 [since amended to Chapter 26.415]. Any parking which cannot be located on-
site and which would therefore be required to be provided via cash-in-lieu payment shall be
waived." As a result, no parking was provided on-site, and no payment-in-lieu was
required.
EXISTING ZONING
The property is zoned CC, Commercial Core, and is within the Commercial
Core Historic Overlay District. The zoning has many implications for remodeling
the existing structure to include two levels of retail in the space currently occupied by
just the ground level.
First, and perhaps most importantly, the absolute maximum floor area ratio
(FAR) currently allowed in the CC zone district is 2:1 by Special Review. In other
words, approval cannot be gained for more than 18,054 square feet of FAR floor area
without first obtaining a rezoning to include a Planned Unit Development (PUD)
Overlay, as explained below. I use the term "FAR floor area" to imply an
understanding that many areas of floor area, such as subgrade space, are exempt from
the calculation of FAR. For instance, while there is certainly a good deal of usable
floor space in the lower level of the building, the table above indicates that no FAR
exists on that level.
As explained above, the zoning allows an FAR of just 1.5:1 by right, which can
be increased up to 2: 1 by Special Review provided at least 60% of the additional floor
area beyond that allowed as of right is used for residential purposes deed restricted in
accordance with the affordable housing guidelines. A 2: 1 FAR on the subject site
would allow for a total of 18,054 square feet of FAR floor area. As indicated in the
table above, the existing structure contains 16,416 square feet of FAR floor area,
leaving only 1,638 square feet (18,054 minus 16,416) of additional FAR floor
areal expansion potential.
201 N, Mill Street, Suite 1080 Aspen, CO 81611 0 (970) 925-7819' fax (970) 925-7395
o Page 4 of 5 0
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Thus, to get from 1.5:1, or 13,541 square feet, to 2:1, or 18,054 square feet, at
least 2,708 of the total square feet must be used for affordable housing. The property
already provides 2,610 square feet of affordable housing, which is 953 square feet
beyond the minimum required for the existing square footage/original approval.
Thus, to build out the remaining floor area potential of the site, at least 98 square feet
of additional affordable housing is required. Bear in mind, however, the terms of
Planning and Zoning Commission Resolution Number 36-95, condition number 8,
which will more than likely require substantially more affordable housing than an
additional 98 square feet for the conversion of the ground level to retail along with the
creation of additional net leasable square footage for retail purposes. These numbers
obviously cannot accommodate the level of expansion (5,000 to 5,500 square feet) you
have been contemplating, and the financial viability of undertaking a 1,638 square foot
maximum expansion might become marginal when factoring in the significant costs
likely to be incurred en route to satisfying the probable employee housing mitigation
requirements. Nevertheless, I leave the economic analysis/viability decisions to you,
and make no recommendations in that regard.
The only potential way of allowing for an FAR of greater than 2:1 would
involve approval of a request to rezone the property to Commercial Core with a
Planned Unit Development overlay (CC/POO). That is, PUDs allow for the
establishment of site specific dimensional requirements, including but not limited to
FAR, as part of the review and approval process. Along with the rezoning, approval
of an actual POO proposal for the expansion would also need to be obtained, as would
approval of the same type of GMQS exemption used for the original theatre expansion.
The rezoning, POO, and GMQS exemption requests would all need to be reviewed by
the HPC, the GMC, the Housing Board, the Planning and Zoning Commission, and
the City Council. It would involve a long process and a relatively high degree of
uncertainty with regard to the outcome. The biggest issues would likely be loss of
three theatres, a perceived reversal from representations made by the previous
applicant, provision of affordable housing, parking needs, design concerns, and public
opposlt1on.
While the zoning also requires off-street parking at a rate of 2 spaces per 1,000
square feet of net leasable area and the provision of cash-in-lieu of unmet parking
demands at a rate $15,000 per space via Special Review, both the parking requirement
and the need for cash-in-lieu should be waived. The waiver would be part of the
GMQS exemption using the standard described above. The CC dimensional
requirements would also require an expansion of the utility and trash area for the
development of additional net leasable space, unless waived through Special Review or
POO review.
The GMQS exemption, however, would be subject to a criterion which
establishes the level of affordable housing mitigation required for commercial! office
201 N, Mill Street, Suite 108 0 Aspen, CO 81611 0 (970) 925-7819. fax (970) 925-7395
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uses in the Commercial Core zone district. That is, pursuant to Section
26.470.070(C)(3)(b) of the Code, the Commercial Core zone district housing
mitigation requirement for commercial and office uses is based on a ratio of 3.5 to 5.25
employees per 1,000 square feet of net leasable area, with the determination of what
exact level in that range to be made by the Aspen Pitkin County Housing Authority
(APCHA) and the Housing Board. The GMQS exemption requires 100% mitigation
for use of the total potential FAR. It is likely that the entire project (not just the net
increase in net leasable space) would be subjected to this review as if built without
using existing space, although credit would have to be given for the existing affordable
housing. I would expect this because of the terms contained in condition number 8 of
Resolution No. 36-95.
The foregoing analysis is based on a review of the available facts and regulations
pertinent to the property in question, inasmuch as such facts were available without
compromising the confidential nature of this investigation. The City's land use
regulations are highly subjective, and interpretations of relevant provisions of the
Aspen Land Use Code may vary with changes in staff or elected and appointed officials.
Consequently, no warranty of facts, opinions, or interpretations contained herein is
either expressed or implied by Haas Land Planning, LLC.
If you should have any questions, or if I can be of further assistance, please do
not hesitate to contact me at the numbers or address provided below.
Truly,
Haas Land Planning, LLC
Mitch Haas, AICP
Owner/Principal
201 N, Mill Street, Suite 1080 Aspen, CO 81611 0 (970) 925-781g. fax (970) 925-7395
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JUL. 17.2001 2:00PM ASPEN HOUSING OFC
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MEMORANDUM
Housing Board
f FROM;
Cindy Christensen
THRU:
Mary Roberts
DATE:
July 17, 2001
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~ ISSUE: The applicant is requesting approval to remodel the Isis.
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1~~: Currently, the Isis contains five theaters. Three theaterll are
" located In the lower level and two th8Gter. are located on the main level. The
,I appllco..+t'" "roposlng two alternctlves for the upper level, The first alternctive i. to
! maintc.,. t, ,';' theater in the main level and convert 3,000 square fset into retail
i space, The second alternctive Is to remove both theaters on the main level and
i' convert 6,000 squore feet Into retail space.
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ISIS 1iMQ5 APPLICATION
When the applicant first approached City Council to convert the one theat!/' Into
five theaters, the review hinged on the property staying a theater. The applicant
was given approVCII due to the certain Items stated In the previous application. The
applicant also stated that the theaters would generate only five employw and that
i they were Willing to mitigate for 100"1. of those employees. The applicant provided
t two three-bedroom units located above the Isis, These two units mitigate for 100"1.
't of the employees that the applicant stated would be employed.
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, The L.and Use Code states that In this ;zone district, mitigation should be supplied
\ between 3.5 to 5.26 FTE's per 1,000 square feet of net leasable space. At the time
t' . of~.'"proVCII, the Housing Board approved 5 FTE's, per the request of the
applicant, with an audit to be completed two Y8Grs after Certlflcats of Occupancy.
r',', The I!lIT did not remain open for two year. after Certificate of Occupancy,
, thuef. t . an audit was not completed.
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! The application statu that IT\Qintainlng either three of four theaters will require the
t same level of naffing as the original five theaters.
: tlue to the nature of the request, Staff sees thiS application as a request for 3.000
, to 6,000 square feet of retail space. The theaters have been mitigated Clnd will,
A theretore, be taken out of the equation. Since the mitigation ~cept&d In the
~ original .pllccrtlon was for 100'0 of ClCtual employees, but no audit was completed,
~,' Staff feel. that the original mitigation supplied should remain associated exclusively
\ with th.. :Iolp,aters. Therefore. the use of the two three-bedroom unit. should not
, be use- :., any credit for mitigation of the 3,000 to 6,000 square feet of retail
[ space, Under this assumption, the applicant would have to mitigate for the following:
3,000 sq. ft. + 1,000 = 3 X 3.5 = 10.5 FTE's X 60% = 6.3 to
3,000 'q. ft. + 1,000 = 3 X 5.25 ; 15.75 FTE's X 60~ = 9.45
or if the aver<lge Is used
3,000 sq. f1'.'" 1.000 = 3 X 4.375 = 13.125 FTE's X 60'. = 7.87!5
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6,000 sq. ft. ... 1,000 = 6 X 3.5 = 21 FTE's X 60% = 12.6 to
6,000 sq. ft. + 1,000 = 6 X 5.25 = 31.5 FiE's X 60% = 18.9
or if the average Is used
6,000 sq. ft. + 1.000 = 6 X 4.375 = 26.25 FTE's X 60%. lEl.7El
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'~ ./nltfgate'between 6.3 to 18.9 FTE's.
I The ap..I~....tlon proposes using the lowest employee generation rate of 3.5 FTE for
" the re'. _; _,;ace Clnd mitigating for 60'. of the five "actual" theater employees, They
,j propose mitigating for 11.3 In the 3,000 square foot alternative and 17.6 for the
!i 6.000 square foot alternative. In each case, they then subtract the existing 6
~ mitigcrtlQn bedrooms for a total amount of mitigation required to be 5.3 for the
~ 3,000 sq\ ft. alternative or 11.6 for the 6,000 square foot alternative.
1 R~ENtMTION: The HOl.lSing Board met on this issue on July 11, 2001, and
l recommended the following;
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1. Tn'; ...pplicant shall mitigate for !5.! FTE's for the 4-scrHn, 3.000 square foot
retail space, or 11.6 FTE's for the !-scrun, 6,000 square foot retailllpace.
This takes Into consideration the six credit, from the exlstin9three-bedroom
units. ~k1 ~ ~.c;lttW fllI,-Ie..
2. The three credIts are allowed CIS long CIS the use is straight retail. Should the ?
spau be used for any other retail. additional mitigation may be required. ,
3. An audit of the entire bulldlng.shall be completed two years after certificate
of occupanq'. If it is found that the FTE's Is higher than approved. the owner
.MlI be required 1'0 mitigate for the additional FTE's.
:i 4. The mitigation shall be satisfied by either off-site, buydown "for-sale" type
~.' tUhnit. approveclf eabYtthe H02USlngd ;>fftiCe, odr a Pt~~n~-inh.licGu :dcel,calculatfedf at
~ e average 0 egory an ~ ra s an as s at_ In t e UI. Ines In s set
\ at ~he time of building permit approval.
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RESOLUTION OF THE ASPEN/PITKIN COUNTY GROWTH MANAGEMENT
COMMISSION APPROVING A RE-EV ALUATION AND EXEMPTION FROM
THE SCORING AND COMPETITION PROCEDURES OF THE GROWTH
MANAGEMENT QUOTA SYSTEM FOR THE CONVERSION OF THE
GROUND FLOOR OF THE ISIS BUILDING TO RETAIL USE, 408 EAST
HOPKINS AVENUE, LOTS L, M, AND N, BLOCK 87, CITY AND TOWNSITE
OF ASPEN. \ ~
Parcel No. 2737.073,30.006 A)\}v \ \'C/"-'
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WHEREAS, the Community Development Department received an application
from Isis, LLC, for a re-evaluation of employee housing mitigation, as required under
Planning and Zoning Commission Resolution 36, Series of 1995, to convert a portion or
all of the ground floor of the Isis Building to retail use; and,
WHEREAS, the current five-screen theater is proposed to be converted to either
a four-screen theater with approximately 3,000 net leasable square feet or a three-screen
theater with approximately 6,000 net leasable square feet; and,
WHEREAS, the subjcct parcel is located at 408 East Hopkins Avenue and is also
referred to as 406 East Hopkins Avenue; and, ~,
WHEREAS, pursuant to Sections 26.304 and 26.470.070(D)(3)(b) of the City of
Aspen Land Use Code, land use applications requesting an exemption from the scoring
and competition procedures of growth management for expansions of Historic Landmark
buildings increasing both Floor Area and net leasable square footage may be approved by
the Aspen/Pitkin County Growth Management Commission at a duly noticed public
hearing after considering recommendations by the Community Development Director,
and members of the general public; and,
WHEREAS, during a duly noticed public hearing on July 17, 2001, the
Aspen/Pitkin County Growth Management Commission considered the recommendation
of the Community Development Director, the recommendation of the Aspen/Pitkin
County Housing Authority Board of Directors, and testimony offered by the general
public, and approved, by a _ to _ L-~ vote, the re-evaluation for mitigation
purposes and conversion of the ground floor of the Isis building to retail use, subject to
the conditions of approval lis led herein,
NOW, THEREFORE BE ['I' RESOL VEl) by the Aspen/Pitkin County Growth
Management Commission thell the re-evaluation for mitigation purposes and conversion
of the ground floor of the Isis Building is hereby exempted from the scoring and
competition procedures of the Growth Management Quota System, subject to the
following conditions of approval:
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I. The Isis Building retai I conversion was represented by the applicant to consist of
either a four-screen theater and 3,000 net leasable square feet of retail space or a
three-screen theater and 6,000 net leasable square feet of retail space. The actual
number oftheater screens and net leasable square footage shall be determined at
the time of building permit review by the Zoning Officer. The employee housing
mitigation requirement shall be calculated according to the following formula:
~et Leasable Square Feet x 3,5 emplovees x 60~ = employees to be mitigated
I: 1,000 square feet I
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Substantial variation from the represented scenarios will require a re-evaluation of
the Growth Management Exemption for employee generation and mitigation
purposes, The retail conversion may be accommodated in phases by using the
above formula, Maintaining the five-screcn theater shall not require any further
review, "Retail usc" shall allow for the uses within the Commercial Core Zone
District, as amended ['rom time to time, some of which require conditional use
approval.
2, Prior to issuance of a building permit for the Isis retail conversion, the applicant
shall provide employee housing mitigation as determined by the above formula by
either providing the necessary off-site housing units, providing the equivalent
cash-in lieu payment. or a combination thereof. Any off-site employee housing
mitigation shall be deed restricted to Category 3 price and income requirements
and be approved by the Aspen/Pitkin County Housing Authority. Cash-in-lieu
payment amount shall be based upon Category 3 employee mitigation
requirements, The Aspen/Pitkin County Housing Guidelines in effect within e
City of Aspen at the time of Building Permit application shall be used to
determine the required price restrictions and/or cash-in-lieu payment.
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3. The applicant shall provide an employee audit to the Aspen Community
Development Department for the theater use after two years of reopening the
theater operation,~Tk purpose of the audit shall be to determine if the five full-
time equivalentemplo\ee assumptioo I()r theater employee generation employees
was justified and if fnrther employee mitigation is necessary, If the audit
determines morefull-time equivalcnttheater employees than the six mitigated on-
site, a re-evaluation by the Growth Management Commission shall be required to
determine further r<:.qqired employee mitigation,
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4. The applicant shall provide an employee audit to the Aspen Community
Development Department for the retail use two years after a certificate of
occupancy is issued...The purpose of the audit shall be to determine if the 3.5
employees per 1,000 square feet of net leasable space assumption was justified
and if further employee mitigation is necessary, If the audit determines a higher
rate of retail employ""s. further employee mitigation shall be required--at t1lll tlllm
~r"rrp'll ~t3l1cl~ C1CLO{d '2, -\-0 t'Ct x:r\ L.. ,~'\ ('("<:{,,h~ tl I ~ I R f'oA,
+-\..J_ ";-(\(\\(Cr ;:h, /",;,.S
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5. The project shall conform with all other applicable development regulations
including, but not limited to, the Uniform Building Code, use square foota~___o"'0 c\€G,I,,'tUf
(store s.ize) limitatiOl:s. open space rcgulations[md all ~epres~f1tations-eoncerning
the project not spectllcally amended herem, 6\UO'o'"J k: 1USD,'f2Y 13
6. Before application fix a Building Permit, the applicant shall record this Growth
Management Commission Resolution with the Pitkin County Clerk and Recorder
located in the Courthouse Pleva Building, There is a per page recordation fee. In
the alternative, the applicant may pay this fee to the City Clerk who will record the
resolution,
APPROVED by the Aspen/Pitkin County Growth Management Commission at its
regular meeting on July 17.2001.
APPROVED AS TO FORM:
ASPEN/PITKIN COUNTY GROWTH
MANAGEMENT COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
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JWL.17.2001 2:00PM ASPEN HOUSING ore
NO. 002 P.2
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, MEMORANDUM
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i: TO: Housing Board
FROM; Cindy Christensen
THRU: Mary Roberts
DATE:
July 17, 2001
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I5r$ 6MQ5 APPUCAT.ION
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ISSUE: The applitClnt is requesting approval to remodel the Isis.
~t:K~D: Currently, the Isis contains five theaters. Three theaters are
locat~ In the lower level and two theaters are located on the mQln level. The
appllco"+ ,I. "roposll'lg two alternatives for the upper level. The first alternative i. to
maintc... t, ,:;. theater in the main level and convert 3,000 square feet Into retail
space. The second alternative is to remove both theaters on the main level and
convert 6,000 square fut Into retail space.
When the applicant first approached City Council to convert the one theater Into
five theaters, the review hinged on the property staying a theater. The applicant
was given approval due to the certain Items stated In the previous application. The
P applicant also stated that the theaters would generate only five employees and that
; they were willing to mitigate for 100'. of those employees. The applicant provided
t two three-bedroom units located above the Isis. These two units mitigate for 100'.
't of the employees that the applicant stated would be employed.
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The Land Use Code states that in this ;zone district, mitigation should be supplied
betwun 3.5 to 5.25 FTE's per 1,000 square feet of net leasable space. At the time
of-#le'"1:ipproval, the Housing Board approved 5 FTE's, per the requut of the
applicant, with an audit to be completed two years after Certificate of Occupancy.
The I("l~ did not remain open for two years after Certificate of Oecupancy,
theref, t . an audit was not completed.
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~ Th~ application states that maintaining ~ither three of four theaters will require the
~ sam~ level of staffing as the original five theat~rs.
i Due to th~ nature of the reque.st, Staff se~s this application as a request for 3,000
, to 6,000 square f~et of retail space. The theaters have been mitigated and will,
~ therefore, be taken out of th~ equation. Since the mitigation accepted In the
~ original application was for 100% of actual employees, but no audit was completed,
~ Staff fuls that the original mitigation supplied should remain associated excluslv~1y
\ with th.. :heoters. Ther~fore, th~ us~ of th~ two three-bedroom units should not
r b~ usee. : _, any credit for mitigation of the 3,000 to 6,000 square feet of retail
: space. Under this assumption, the applicant would have to mitigate for the following:
3,000 sq. ft. + 1,000 = 3 X 3.5 = 10.5 FTC's X 60% = 6.3 to
3.000 sq. ft. + 1,000 = 3 X 5.25 = 15.75 FTE's X 60%" 9.45
or if the avera9~ Is used
3,000 sq. ft. + 1.000" 3 X 4.375" 13.125 FTC's X 60'. = 7.87e
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6,000 sq. ft. .;. 1,000 " 6 X 3.5 = 21 FTE's X 60% " 12.6 to
6,000 sq. ft. + 1,000 = 6 X 5,25 " 31.5 FTC's X 60'. = 18.9
or If th~ average is used
6,000 sq. ft. + 1.000" 6 X 4.375" 26.25 FTE's X 60% = 15.75
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1, Under the calculations show in th~ Land Use Code, the applicant would be requir~d to
~ltlgGte'b~tw811n 6.3 to 18,9 FrE's.
The o"..I\........'on propose.s using th~ lowest emploY811 generation rate of 3.5 FTE for
the re';~; c:;;:!ce and mitigating for 60'. of th~ five "actual" theater employees. They
~ propos~ mitigating for 11.3 in the 3,000 5quar~ foot alternatlv~ and 17.6 for the
II 6.000 sqU4re foot alternative. In each case, they then subtract the existing 6
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f mitigation bedrooms for a total amount of mitigation required to be 5.3 for the
J 3,000 sqt ft. alternative or 11.6 for th~ 6,000 square foot alternative.
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'~ RECOM6fENbA770N: The Housing Board met on this Issue on July 11, 2001, and
! recommended the following:
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1. T",E '-'Ilplicant shall mitigate for 15,3 FTE's for the 4-screen, 3,000 square foot
retail space, or 11.6 FTE's for the 3-screen, 6,000 square foot retail space.
This takes Into consideration the six credits from the existing thru-bedroom
units.
2. The thru credits are allowr.d as long as the use is straight retail. Should the
space be used for any other retail, additional mitigation may be required,
3. An audit of the entire building .shall be completeel two years after certificate
of occupancy. If it is found that the FTCs Is higher than approved, the owner
shQ\1 be requlrr.d to mitigate for the additional FTE's.
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4. The mitigation shall be satisfir.d by either off-site, buydown "for-sale" type
units approved by the Housing Office, or a payment-In-lieu fee calculated at
the average of Category 2 and 3 rate and as stated in the Guidelines In effect
at the time of building permit approval.
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AGENDA
ASPEN PLANNING & ZONING COMMISSION
4:15 PM PUBLIC DISCUSSION WITH STAFF
4:30 PM
GROWTH MANAGEMENT COMMISSION MEETING
(5:00 PM)
TUESDAY, JULY 17, 2001
SISTER CITIES ROOM
I. COMMENTS
A. Commissioners
B. Public
II. DECLARATION OF CONFLICTS OF INTEREST
Ill. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS
A. 1490 RED BUTTE STREAM MARGIN REVIEW & DRAC V ARlANCES,
STEVE CLAY, CONTINUED FROM 7/10 - RESO. #32, 2001
B. ISIS GMQS EXEMPTION (GROWTH MANAGEMENT COMMISSION),
CHRIS BENDON - RESO. #2, 2001
C. 302 E. HOPKINS GMQS EXEMPTION (GROWTH MANAGEMENT
COMMISSION), CHRIS BENDON - RESO. #3, 2001
D) 1210 RED BUTTE STREAM MARGIN REVIEW, STEVE CLAY -RESO. #33,
2001
E~ MOORE F AMIL Y PUD AMENDMENT-BUS BARN LANE HEIGHT. STEVE
CLAY - RESO. #34, 2001
F. BOOMERANG PUD AMENDMENT, FRED JARMAN - RESO. #35, 2001
IV. ADJOURN
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AGENDA FOR THE SPECIAL MEETING
OF THE HOUSING AUTHORITY BOARD
OF THE CITY OF ASPEN AND PITKIN COUNTY
WEDNESDAY, JULY 11, 2001
The Meeting will be held in the
Sister Cities Meeting Room, City Hall
130 South Galena kt r!
Aspen, Colorado /'
4 00 /. .:::Afcut;..
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WORKSESSION: Review of Guidelines (4:00 - 5:00)
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II. Call Regular Meeting to Order at 5:00 p,m,
III. MINUTES: Regular Meeting on June 20, 2001
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IV. PUBLIC COMMENT
V. EXECUTIVE DIRECTOR'S COMMENTS
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VI. DIRECTORS' COMMENTS
VII. ACTION ITEMS:
1. Public/Private/Partnership Presentation and Request (5:20 - 6:30)
2. Isis GMQS Exemption (6:30 - 7:00)
VIII. WORKSESSION - Guideline Review Continued (if needed and time warrants)
NEXT REGULAR MEETING, JULY 18, 2001
TIMES ARE APPROXIMA TE
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MEMORANDUM
TO:
Housing Board
FROM:
Cindy Christensen
THRU:
Mary Roberts
DATE:
July 11, 2001
RE:
ISIS GMQS APPLICATION
ISSUE: The applicant is requesting approval to remodel the Isis. The Board needs
to recommend the mitigation requirement for this remodel.
BACKGROUND: Currently, the Isis contains five theaters. Three theaters are
located in the lower level and two theaters are located on the main level. The
applicant is proposing two alternatives for the upper level. The first alternative is to
maintain one theater in the main level and convert 3,000 square feet into retail
space. The second alternative is to remove both theaters on the main level and
convert 6,000 square feet into retail space.
When the applicant first approached City Council to convert the one theater into
five theaters, the review hinged on the property staying a theater. The applicant
was given approval due to the certain items stated in the previous applciation. The
applicant also stated that the theaters would generate only five employees and that
they were willing to mitigate for 100ro of those employees. The applicant provided
two three-bedroom units located above the Isis. These two units mitigate for 100ro
of the employees that the applicant stated would be employed.
The Land Use Code states that in this zone district, mitigation should be supplied
between 3.5 to 5.25 FTE's per 1,000 square feet of net leasable space. At the time
of the approval, the Housing Board approved 5 FTE's, per the request of the
applicant, with an audit to be completed two years after Certificate of Occupancy.
2
.'
The Isis did not remain open for two years after Certificate of Occupancy,
therefore, an audit was not completed.
The application states that maintaining either three of four theaters will require the
same level of staffing as the original five theaters.
I have included a table that was completed by Chris Bendon in the Community
Development Department. This table details the mitigation required under the two
alternatives by using an average of the 3.5 to 5.25 FTE's required in this zone
district (4.375 per 1,000 square feet of net leasable). This table takes into account
the theaters, the number of FTE's (5) that the applicant stated would be needed to
run the theaters, and the total FTE mitigation of 6 that the two three-bedroom
units mitigated. The table states that under the 4-screen, 3,000 square foot retail
space alternative, the applicant would have to mitigate for an additional 4.9 FTE's.
For the 3-screen, 6,000 square foot retail space alternative, the applicant would
have to mitigate for 12.8 FTE's
Due to the nature of the request, Staff sees this application as a request for 3,000
to 6,000 square feet of retail space. The theaters have been mitigated and will,
therefore, be taken out of the equation. Since the mitigation accepted in the
original application was for 100'Yo of actual employees, but no audit was completed,
Staff feels that the original mitigation supplied should remain associated exclusively
with the theaters. Therefore, the use of the two three-bedroom units should not
be used for any credit for mitigation of the 3,000 to 6,000 square feet of retail
space. Under this assumption, the applicant would have to mitigate for the following:
3,000 sq. ft..;- 1,000 = 3 X 3.5 = 10.5 FTE's X 60'Yo = 6.3 to
3,000 sq. ft..;- 1,000 = 3 X 5.25 = 15.75 FTE's X 60'Yo = 9.45
or if the average is used
3,000 sq. ft..;- 1,000 = 3 X 4.375 = 13.125 FTE's X 60'Yo = 7.875
6,000 sq. ft..;- 1,000 = 6 X 3.5 = 21 FTE's X 60'Yo = 12,6 to
6,000 sq. ft..;- 1,000 = 6 X 5.25 = 31.5 FTE's X 60'Yo = 18.9
or if the average is used
6,000 sq. ft..;- 1,000 = 6 X 4.375 = 26.25 FTE's X 60'Yo = 15,75
3
.
.
These calculations show that the applicant must mitigate between 6.3 to 18.9 FTE's.
If the average were used, the applicant would have to mitigate for 7.875 FTE's for
the 4-screen, 3,000 square foot retail space alternative or 15.75 FTE's for the 3-
screen, 6,000 square foot retail space alternative.
The application proposes using the lowest employee generation rate of 3.5 FTE for
the retail space and mitigating for 60'Yo of the five "actual" theater employees. They
propose mitigating for 11.3 in the 3,000 square foot alternative and 17.6 for the
6,000 square foot alternative. In each case, they then subtract the existing 6
mitigation bedrooms for a total amount of mitigation required to be 5.3 for the
3,000 sq. ft. alternative or 11.6 for the 6,000 square foot alternative. This approach
lowers the mitigation provided for the theater employees.
RECOMMENDATION: The Housing Board needs to recommend to the approving
body what mitigation amount is required. Staff is recommending the following:
1. The applicant shall mitigate for 7.875 FTE's for the 4-screen, 3,000 square
foot retail space, or 15.75 FTE's for the 3-screen, 6,000 square foot retail
space. Staff feels that the average FTE figure is appropriate since the actual
retail use can change over time with no further review required.
2. The Board has a priority system for how the mitigation should be satisfied: 1)
on-site; 2) off-site; 3) payment-in-Iieu. Staff realizes that it is impossible for
the applicant to satisfy the mitigation required on-site, therefore, staff
would recommend that the mitigation be satisfied with off-site, for-sale type
units. If off-site, for-sale type units cannot be found, the mitigation can then
be satisfied through payment-in-lieu. If payment-in-lieu is the mechanism to
satisfy the mitigation requirement, the mitigation amount shall be determined
at the time of building permit application, at an average of the Category 2 and
3 requirement.
3. An audit shall be completed of only of the theater portion two years after
Certificate of Occupancy. If it is found at that time that the theaters' FTE's
exceed 5, then further mitigation shall be required.
Iwordreferrallisismit. doc
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