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HomeMy WebLinkAboutcoa.lu.gm.406 E Hopkins Ave.A048-012737-07 3=` =-006 A048-01 Isis Theatre GMQS Exemption 406 E. Hopkins COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: -n ( 1041 Deposit J 1042 Flat Fee 1043 HPC 1046 Zoning and Sign _ Referral Fees: 1163 City Engineer _ 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit _ 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection 1079 Aspen Fire _ Other Fees: 1006 Copy 1165 Remo Fee 1302 GIS Maps 1303 GIS Fee 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1 164 School District Land Ded. � U TOTAL NAME: -- yL-- L. `` ADDRESS/ PROJECT:__ _ PHONE: CHECK# 1-7 �?r CASE/PERMIT#: A �' U _ # OF COPIES: DATE: /c Z INITIAL: __ JPL.17.2001 2:OOPM ASPEN HOUSING OFC G MEMORANDUM TO: Housing Board FROM: Cindy Christensen THRU: Mary Roberts NO.002 P.2 DATE: July 17, 2001 i RE: r5T5 6MQ5 APP"CAT.CON p 1 ISSUE: The applicant is requesting approval to remodel the Isis. BACurrently, the Isis contains f ive theaters. Three theaters are located in the lower level and two theaters are located on the main level. The applic�M*.'Q proposing two alternatives for the upper level. The first alternative is to main{_._ _ ;`heater 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 rl 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 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 two three -bedroom units located above the Isis. These two units mitigate for 100% F, 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. The Tr' Aid not remain open for two years after Certificate of Occupancy, there. � , _.i audit was not completed. JUL.17.2001 2:00PM ASPEN HOUSING OFC N0.002 P.3 The application states that maintaining either three of four theaters will require the some level of staffing as the original five theaters. 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% of actual employees, but no audit was completed, Staff feels that the original mitigation supplied should remain associated exclusively with the 44+ raters. Therefore, the use of the two three -bedroom units should not be u=_ _.:y 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: 30000 sq. ft, j 1,000 = 3 X 3.5 = 10.5 FTE's X 60% = 6.3 to 3,000 sq, ft. j 1,000 = 3 X 5.25 = 15.75 FTE's X 60% = 9.45 or if the average is used 3,000 sq, ft. 1,000 = 3 X 4,375 = 13.125 FTE's X 60% = 7,875 f 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% = 18.9 or if the average is used 6,000 sq, ft. _ 1,000 = 6 X 4,375 = 26.25 FTE's X 60% = 15.75 P Under the calculations show in the Land Use Code, the applicant would be required to mitigate between 6.3 to 183 FTE's, R The aM. II--A*'^n proposes using the lowest employee generation rate of 3.5 FTE for the rc. ze and mitigating for 60% of the five "actual" theater employees. They r 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. R OM A7201V: The Housing Board met on this issue on July 11, 2001, and recommended the following: FF T111.17.2001 2:00PM ASPEN HOUSING OFC NO.002 P.4 G N .,,,Acant 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 takes into consideration the :7' Se six credit from the existing three -bedroom units. It av . 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. 4. The mitigation shall be satisfied 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. M Avordr0ermOslsmk.doc I. I 3 PARCEL ID: 12737-073-30006 DAl CASE NAME: Isis Theatre GMQS Exemption r. PROJ ADDR: 406 E. Hopkins OWN/APP:IIsi REP: F,as Lanc FEES DUE: REFERRALSF MTG DATE REV BO SE TYP:IGMQS Exemption 308 S. Galena St. C/S/Z: 201 N. Mill St., ste 108 C/S/Z: REF:— BY DUE: REMARKS CLOSED:— BY: PLAT SUBMITD: F PLAT (BK,PG): CASE NO A04&01 R:�� CITY COUNCIL:) PZ: li— BOA: DRAC: ADMIN J AGENDA FOR THE SPECIAL MEETING OF THE HOUSING AUTHORITY BOARD OF THE CITY OF ASPEN AND PITKIN COUNTY WEMES[)AY, JULY 11, 2001 The Meeting will be held in the Sister Cities Meeting Room, City Hall 130 South Galena Aspen, Colorado 4: 00 P. m. I. WORKSESSION: Review of Guidelines (4:00 - 5:00) II. Call Regular Meeting to Order at 5:00 p.m. III. MINUTES: Regular Meeting on June 20, 2001 IV. PUBLIC COMMENT V. EXECUTIVE DIRECTOR'S COMMENTS 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, DULY 18, 2001 TIMES ARE APPROXIMATE MEMORANDUM TO: Housing Board FROM: Cindy Christensen THRU: Mary Roberts DATE: July 11, 2001 RE: ISIS 6MQS APPLICATION ISSUE' The applicant is requesting approval to remodel the Isis. The Board needs to recommend the mitigation requirement for this remodel. SACK6POUND: 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 100% of those employees. The applicant provided two three -bedroom units located above the Isis. These two units mitigate for 100% 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. oil 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% 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% = 6.3 to 3,000 sq. ft. - 1,000 = 3 X 5.25 = 15.75 FTE's X 60% = 9.45 or if the average is used 3,000 sq. ft. - 1,000 = 3 X 4.375 = 13.125 FTE's X 60% = 7.875 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% = 18.9 or if the average is used 6,000 sq. ft. - 1,000 = 6 X 4.375 = 26.25 FTE's X 60% = 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% 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 -lieu. 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. /wordreferral/isismit. doc Ell JUL.17.2001 2:00PM ASPEN HOUSING OF-C NO.002 P.2 i. I j TO: FROM: THRU: I MEMORANDUM Housing Board Cindy Christensen Mary Roberts DATE: July 17, 2001 RE: ISIS AMQ5 APPLICATION I5.5UE. The applicant is requesting approval to remodel the Isis. ��IGK6ROi1ND: Currently, the Isis contains five theaters. Three theaters are located in the lower level and two theaters are located on the main level. The applic,-M+;1Q proposing two alternatives for the upper level. The first alternative is to moint,; ;heater 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. I 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 w was given approval due to the certain items stated in the previous application. The io 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 two three -bedroom units located above the Isis, These two units mitigate for 100% f. 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. The TQi�, elid not remain open for two years after Certificate of Occupancy, there, , ,-n audit was not completed. l� JLJL.17.2001 2:00PM ASPEN HOUSING OFC NO.002 P.3 a The application states that maintaining either three of four theaters will require the some level of staffing as the original five theaters. 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 l00% of actual employees, but no audit was completed, staff feels that the original mitigation supplied should remain associated exclusively with tl— E �—inters. Therefore, the use of the two three -bedroom units should not be us:._ _ny 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 sq. ft. + 1,000 = 3 X 5.25 = 15.75 FTE's X 600/. = 9.45 or if the overage is used 3,000 sq. ft. 1,000 = 3 X 4,375 = 13,125 FTE's X 60% = 7.875 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% = 18,9 or if the overage is used 6,000 sq, ft. + 1,000 = 6 X 4,375 = 26,25 FTE's X 60% = 15.75 Under the calculations show in the Land Use Code, the applicant would be required to Aitigate between 6.3 to 18.9 FTE's. The proposes using the lowest employee generation rate of 3.5 FTE for the re-. _r::ce and mitigating for 60% 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. RECOMMENDATION- The Housing Board met on this issue on July 11, 2001, and recommended the following: 2 n a 17.2001 2: OOPM ASPEN HOUSING OF C NU. UUZ N 1 � r 4 1. „vplicant shall mitigate for 53 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 three -bedroom i 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 sholl 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. 4. The mitigation shall be satisfied by either of f -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 of fect at the time of building permit approval. f AwdreferralAtfsmtt. doo Ll J IV RESOLUTION OF THE ASPEN/PITKIN COUNTY GROWTH MANAGEMENT COMMISSION APPROVING A RE-EVALUATION 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. I Parcel No. 2737.073.30.006V�'k.:k ..E 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, yepw>_ 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: M a- 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 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 _ 3 .C" 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 I'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 IS;t/G and be approved by the Aspen/Pitkin County Housing Authority. Cash -in -lieu payment amount shal I be based upon Category 3 employee mitigation .Z . 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. 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.1Thc 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 "qOk +D '�e-J!ct- determines more"ffidl-time equivalent theater employees than the six mitigated on- � tiV\ ✓nGONm46Aj. site, a re-evaluation hN the Growth Management Commission shall be required to 1 determine further requ i red 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. k fhe 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 emplo\ cc mitigation is necessary. If the audit determines a higher rate of retail employces, further employee mitigation shall be required_at4hg then ey J(A ( P' iG(,wy TCA 5. The project shall confOrm with all other applicable development regulations including, but not limited to, the Uniform Building Code, use square foot�a e� 04 04eUe' cur s (store size) limitations. open space regulationsrnd all representations one cerning the project not specifically amended 6. Before application fora Building Per►nit, 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 FORA: ASPEN/PITKIN COUNTY GROWTH MANAGEMENT COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair RESOLUTION OF THE ASPEN/PITKIN COUNTY GROWTH MANAGEMENT COMMISSION APPROVING A RE-EVALUATION 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 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 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 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 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 if the 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. 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: ASPEN/PITKIN COUNTY GROWTH MANAGEMENT COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair 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 III. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS A. 1490 RED BUTTE STREAM MARGIN REVIEW & DRAC VARIANCES, 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 1 1210 RED BUTTE STREAM MARGIN REVIEW, STEVE CLAY — RESO. #33, 2001 E\ MOORE FAMILY PUD AMENDMENT- BUS BARN LANE HEIGHT. STEVE CLAY — RESO. #34, 2001 F. BOOMERANG PUD AMENDMENT, FRED JARMAN — RESO. #35, 2001 IV. ADJOURN A e) 0 t * �� i! � ��l dre ri V)�p -177 pgt5v�� 6�- � r2-). �- a,,,� C��4 Ell ca ma;44 �` d "L�vwye�� ran 5�•du� �� LUG 4D -W,� IVI �. lw1�M154^ cif SGw- V.o S�eG{�c5. uric, V)�AO,� -�> eqal04�- a& 4?:> . w6l5 e&lf- �u,Gv1- {w C� v-0 c4ectr �kv &'Veotc �— c dam(, c { - cirmr- C�� N06�, -,-I ae CONQ- llN1' il�� JUL.17.2001 2:OOPM ASPEN HOUSING OFC NO.002 P.2 A k MEMORANDUM TO: Housing Board i FROM: Cindy Christensen THRU: Mary Roberts h DATE: July 17, 2001 RE: .T5TS 6MQ5 APPLICATION ISSUE., The applicant is requesting approval to remodel the Isis. S,4: Currently, the Isis contains f ive theaters. Three theaters are located in the lower level and two theaters are located on the main level. The epplick-"+`1e proposing two alternatives for the upper level. The first alternative is to maint-.. '_ _ 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 application. The 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 two three -bedroom units located above the Isis, These two units mitigate for 100% 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, The Tc;e, tiid not remain open for two years after Certificate of Occupancy, There, - _n audit was not completed, JUL.17.2001 2:00PM ASPEN HOUSING OFC NO.002 P.3 w t The application states that maintaining either three of four theaters will require the some level of staff ing as the original five theaters. 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% of actual employees, but no audit was completed, . Staff feels that the original mitigation supplied should remain associated exclusively with the 4 haters. Therefore, the use of the two three -bedroom units should not be usc- _ _ . ._ny credit for mitigation of the 3,000 to 6,000 square feet of retail j space. Under this assumption, the applicant would have to mitigate for the following: 3,000 sq. fit. + 1,000 = 3 X 3.5 = 10.5 FTE'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 average is used 3,000 sq. ft. _ 1,000 = 3 X 4,375 = 13.125 FTE's X 60% = 7.875 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% = 18.9 or if the average is used 6,000 sq, ft, T 1,000 = 6 X 4,375 = 26.25 FTE's X 60% = 15.75 Under the calculations show in the Land Use Code, the applicant would be required to mitigate between 6.3 to 18.9 FTE's. i� The proposes using the lowest employee generation rate of 3.5 FTE for the _r=e and mitigating for 60% 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. REC041M&A ON: The Housing Board met on this issue on July 11, 2001, and recommended the following: 2 17.2001 2:OOPM ASPEN HOUSING OFC NV.01JZ F1.4 r 1. ",plicant shall mitigate for 5.3 FTE's for the 4-screen, 3,000 square foot -screen, 6,000 square foot retail space. retail space, or 11.6 FTE's for the 3 This takes into consideration the six credits from the existing three -bedroom ! units. F 2. The three credits are allowed as long as the use is straight retail. Should the P 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. ' 4. The mitigation shall be satisfied 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. 4 f Awrdreferrn117s1sm1t doc j u t k �1 w i I'. t r 3 r. N t N k A &h — li,?,f ff W ps�/ blio 4moa we'� RESOLUTION OF THE ASPEN/PITKIN COUNTY GROWTH MANAGEMENT COMMISSION APPROVING A RE-EVALUATION 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 �r 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 — (_-_) 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 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: N.L.S.F. x 3.5 employees x 60% 3 employees = employees to be mitigated 1,000 N.L.S.F. 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. 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 *h-A^ tho mitigated o fw-, 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 r'J 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. If the audit determines a higher rate of retail employees, further employee mitigation shall be required -A* the then purrent tandard 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: ASPEN/PITKIN COUNTY GROWTH MANAGEMENT COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair ISIS Theater 1997 Expansion: Employee Mitigation using 3.5 employees per 1,000 net leasable square feet Net Leasable Square Employee 60% Minimurn Mitigation Housing Provided Footage Generation requirement Increase over 3.5 empl. per Employees to Total percentage of Total one -screen 1,000 s.fof net be mitigated Employees Employees theater leasable Housed housed One -Screen 5,767 - - - - - Theater Original Application (4 11,216 5,449 19.1 11.4 6.0 31.5% screens) Amended Application (5 15,671 9,904 34.7 20.8 6.0 17.3% screens) ISIS Theater 1997 Expansion: Employee Mitigation using 5.25 employees per 1,000 net leasable square feet Net Leasable Square Employee 60% Minimum Mitigation Housing Provided Footage Generation requirement Increase over 5.25 empl. per Total percentage of Total one -screen 1,000 s.f. of net Employees to be mitigated Employees Employees theater leasable Housed housed One -Screen 5,767 - - - - - Theater Original Application (4 11,216 5,449 28.6 17.2 6.0 21.0% screens) Amended Application (5 15,671 9,904 52.0 31.2 6.0 11.5% screens) ISIS Theater 1997 Expansion: Employee Mitigation using 5 employees for entire theater operation (approved method) Net Leasable Square Employee 60% Minimum Mitigation Housing Provided Footage Generation requirement Increase over 5 employees for Employees to Total percentage of Total one -screen entire operation be mitigated* Employees Employees theater Housed housed One -Screen 5,767 - - - - - Theater Original Application (4 11,216 5,449 5.0 3.0 6.0 120.0% screens) Amended Application (5 15,671 9,904 5.0 3.0 6.0 120.0% screens) Application proposed to mitigate more than 100% of the employees generated with the 6 employees housed in the project. The minimum requirement of 3 employees to be mitigated was not used. Background Exhibit A - page 1 ISIS Theater Retail Conversion: Re-evaluate Whole Project Employee Employee Employee Net Leasable Square Housing Employees to Generation Generation for Mitigation Footage Provided be Mitigated for Theater Retail Requirement Increase over 3.5 empl. per 5.25 per 1,000 Total Square Credit (-) or feet one -screen 1,000 s.f. of s.f. of net 60% Minimum Employees Deficit theater net leasable leasable Housed Remaining Theater 12,671 6,904 24.2 - 14.5 6.0 8.5 (4 screens) Retail 3,000 3,000 - 15.8 9.5 0.0 9.5 Operation Total 15,671 9,904 39.9 23.9 6.0 17.9 ISIS Theater Retail Conversion: Re-evaluate Whole Project Employee Employee Employee Net Leasable Square Housing Employees to Generation Generation for Mitigation Footage Provided be Mitigated for Theater Retail Requirement Increase over 3.5 empl. per 5.25 per 1,000 Total Square one -screen 1,000 s.f. of s.f, of net 60% Minimum Employees Credit or feet Deficit theater net leasable leasable Housed Remaining Theater 9,671 3,904 13.7 - 8.2 6.0 2.2 (3 screens) Retail 6,000 6,000 - 31.5 18.9 0.0 18.9 Operation Total 15,671 9,904 45.2 27.1 6.0 21.1 #1 Re -Evaluate Whole Project: Exhibit A - page 2 U4AY0 t5*116 f1w ISIS Theater Retail Conversion: 4 screens + 3,000 square foot retail space. No credit for "excess" theater mitigation. Employee Employee Mitigation Net Leasable Square Footage Generation for Requirement Retail Square feet New net 5.25 per 1,000 s.f. of 60% Minimum leasable net leasable Retail Operation 3,000 3,000 15.8 9.5 ISIS Theater Retail Conversion: 3 screens + 6,000 square foot retail space. No credit for "excess" theater mitigation. Employee Employee Mitigation Net Leasable Square Footage Generation for Requirement Retail Square feet New net 5.25 per 1,000 s.f. of o 60 /o Minimum leasable net leasable Retail Operation 6,000 6,000 31.5 18.9 #2 Theater is iiiitigatetl, evaluate retail only Exhibit A - page 3 ISIS Theater Retail Conversion: 4 screens + 3,000 square foot retail space. Credit for "excess" theater mitigation. Employee Employee Employee Employees Net Leasable Square Housing Generation Generation for Mitigation to be Footage for Theater Retail Requirement Provided Mitigated Square Increase over 5 for entire 5.25 per 1,000 Total Credit or feet one -screen Theater s.f. of net 60% Minimum Employees Deficit theater leasable Housed Remaining Theater 12,671 6,904 5.0 - 3.0 6.0 -3.0 (4 screens) Retail 3,000 3,000 - 15.8 9.5 0.0 9.5 Operation Total 15,671 9,904 20.8 12.5 6.0 6.5 ISIS Theater Retail Conversion: 3 screens + 6,000 square foot retail space. Credit for "excess" theater mitigation. Net Leasable Square Employee Employee Employee Housing Employees Footage Generation Generation for Mitigation Provided to be for Theater Retail Requirement Mitigated Square Increase over 5 for entire 5.25 per 1,000 o Total Credit (-) or feet one -screen Theater s.f. of net 60 /o Minimum Employees Deficit theater leasable Housed Remaining Theater 9,671 3,904 5.0 - 3.0 6.0 -3.0 (3 screens) Retail 6,000 6,000 - 31.5 18.9 0.0 18.9 Operation Total 15,671 9,904 36.5 21.9 6.0 15.9 #3 Applj, theater mitigation credit to retail Exhibit A - page 4 ISIS Theater Retail Conversion: Re-evaluate Whole Project Employee Employee Employee Net Leasable Square Housing Employees to Footage Generation Generation for Mitigation provided be Mitigated for Theater Retail Requirement Square Increase over 3.5 empl. per 3.5 per 1,000 Total Credit or feet one -screen 1,000 s.f. of s.f. of net 60% Minimum Employees Deficit theater net leasable leasable Housed Remaining Theater 12,671 6,904 24.2 - 14.5 6.0 8.5 (4 screens) Retail 3,000 3,000 - 10.5 6.3 0.0 6.3 Operation Total 15,671 9,904 34.7 20.8 6.0 14.8 ISIS Theater Retail Conversion: Re-evaluate Whole Project Net Leasable Square Employee Employee Employee Housing Employees to Footage Generation Generation for Mitigation provided be Mitigated for Theater Retail Requirement Square Increase over 3.5 empl. per 3.5 per 1,000 Total Credit or feet one -screen 1,000 s.f. of s.f. of net 60% Minimum Employees Deficit theater net leasable leasable Housed Remaining Theater 9,671 3,904 13.7 - 8.2 6.0 2.2 (3 screens) Retail 6,000 6,000 - 21.0 12.6 0.0 12.6 Operation Total 15,671 9,904 34.7 20.8 6.0 14.8 #1 Re-IEnalitate Whole Project: Exhibit A - page 2 IA�Ifib $0451MV 1 ISIS Theater Retail Conversion: 4 screens + 3,000 square foot retail space. No credit for "excess" theater mitigation. Employee Employee Mitigation Net Leasable Square Footage Generation for Requirement Retail Square feet New net 3.5 per 1,000 s.f. of 60% Minimum leasable net leasable Retail Operation 3,000 3,000 10.5 6.3 ISIS Theater Retail Conversion: 3 screens + 6,000 square foot retail space. No credit for "excess" theater mitigation. Employee Employee Mitigation Net Leasable Square Footage Generation for Requirement Retail Square feet New net 3.5 per 1,000 s.f. of 60% Minimum leasable net leasable Retail Operation 6,000 6,000 21.0 12.6 #2 Theater is iiutigatetl, evaluate retail mill, Exhibit A - page 3 ISIS Theater Retail Conversion: 4 screens + 3,000 square foot retail space. Credit for "excess" theater mitigation. Net Leasable Square Employee Employee Employee Housing Employees Footage Generation Generation for Mitigation Provided to be for Theater Retail Requirement Mitigated Square Increase over 5 for entire 3.5 per 1,000 s.f. Total Credit (-) or feet one -screen Theater of net leasable o 60 /o Minimum Employees Deficit theater Housed Remaining Theater 12,671 6,904 5.0 - 3.0 6.0 -3.0 (4 screens) Retail 3,000 3,000 - 10.5 6.3 0.0 6.3 Operation Total 15,671 9,904 15.5 9.3 6.0 3.3 ISIS Theater Retail Conversion: 3 screens + 6,000 square foot retail space. Credit for "excess" theater mitigation. Net Leasable Square Employee Employee Employee Housing Employees Footage Generation Generation for Mitigation provided to be for Theater Retail Requirement Mitigated Square Increase over 5 for entire 3.5 per 1,000 s.f. Total Credit (-) or feet one -screen Theater of net leasable o 60 /o Minimum Employees Deficit theater Housed Remaining Theater 9,671 3,904 5.0 - 3.0 6.0 -3.0 (3 screens) Retail Operation 6,000 6,000 - 21.0 12.6 0.0 12.6 Total 15,671 9,904 26.0 15.6 6.0 9.6 #3 Apply theater ntiti;;atioii credit to retetil Exhibit A - page 4 ISIS Theater Retail Conversion: Re-evaluate Whole Project Net Leasable Square Employee Employee Employee Housing Employees to Generation Generation for Mitigation Footage provided be Mitigated for Theater Retail Requirement Increase over 3.5 empl. per 4.375 per 1,000 Total Square Credit (-) or feet one -screen 1,000 s.f. of s.f. of net o 60 /a Minimum Employees Deficit theater net leasable leasable Housed Remaining Theater 12,671 6,904 24.2 - 14.5 6.0 8.5 (4 screens) Retail 3,000 3,000 - 13.1 7.9 0.0 7.9 Operation Total 15,671 9,904 37.3 22.4 6.0 16.4 ISIS Theater Retail Conversion: Re-evaluate Whole Project Employee Employee Employee Net Leasable Square Housing Employees to Generation Generation for Mitigation Footage provided be Mitigated for Theater Retail Requirement Increase over 3.5 empl. per 4.375 per 1,000 Total Square Credit (-) or feet one -screen 1,000 s.f. of s.f. of net o 60 /o Minimum Employees Deficit theater net leasable leasable Housed Remaining Theater 9,671 3,904 13.7 - 8.2 6.0 2.2 (3 screens) Retail 6,000 6,000 - 26.3 15.8 0.0 15.8 Operation Total 15,671 9,904 39.9 23.9 6.0 17.9 #1 Re -Evaluate bi hole Pi-oject: Exhibit A - page 2 ISIS Theater Retail Conversion: 4 screens + 3,000 square foot retail space. No credit for "excess" theater mitigation. Employee Employee Mitigation Net Leasable Square Footage Generation for Requirement Retail Square feet New net 4.375 per 1,000 s.f. of o 60 /o Minimum leasable net leasable Retail Operation 3,000 3,000 13.1 7.9 ISIS Theater Retail Conversion: 3 screens + 6,000 square foot retail space. No credit for "excess" theater mitigation. Employee Employee Mitigation Net Leasable Square Footage Generation for Requirement Retail Square feet New net 4.375 per 1,000 s.f. of 60% Minimum leasable net leasable Retail Operation 6,000 6,000 26.3 15.8 #2 Theater is iiiitigated, evithiate retail Dirty Exhibit A - page 3 ISIS Theater Retail Conversion: 4 screens + 3,000 square foot retail space. Credit for "excess" theater mitigation. Net Leasable Square Employee Employee Employee Housing Employees Footage Generation Generation for Mitigation provided to be for Theater Retail Requirement Mitigated Square Increase over 5 for entire 4.375 per 1,000 Total Credit (-) or feet one -screen Theater s.f. of net o 60 /o Minimum Employees Deficit theater leasable Housed Remaining Theater 12,671 6,904 5.0 - 3.0 6.0 -3.0 (4 screens) Retail 3,000 3,000 - 13.1 7.9 0.0 7.9 Operation Total 15,671 9,904 18.1 10.9 6.0 4.9 ISIS Theater Retail Conversion: 3 screens + 6,000 square foot retail space. Credit for "excess" theater mitigation. Employee Employee Employee Employees Net Leasable Square Housing Footage Generation Generation for Mitigation provided to be for Theater Retail Requirement Mitigated Square Increase over 5 for entire 4.375 per 1,000 Total Credit (-) or feet one -screen Theater s.f. of net o 60 /o Minimum Employees Deficit theater leasable Housed Remaining Theater 9,671 3,904 5.0 - 3.0 6.0 -3.0 (3 screens) Retail 6,000 6,000 - 26.3 15.8 0.0 15.8 Operation Total 15,671 9,904 31.3 18.8 6.0 12.8 #3 theater- n ti, atioit cr-edit to retail Exhibit A - page 4 MEMORANDUM TO: Aspen/Pitkin County Growth Management Commission THRU: Julie Ann Woods, Community Development Director, City of Aspen Joyce Ohlson, Deputy Director, City of Aspen` A-6 FROM: Chris Bendon, Senior Planner, City of Aspe *M 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: I 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: 1) 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 of 3.5 employees per 1,000 square feet (Commercial Core range is 3.5 to 5.25) be used to calculate employee generation for this project. 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. 4 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 of 3.5 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. W 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 Landmark for 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 Hopkins Avenue, subject to the conditions of approval listed in Resolution No. ,)_ , Series of 2001. RECOMMENDED MOTION: "I move to approve Growth Management Commission Resolution 0 1 -_ approving the ground floor conversion to retail of the Isis Building, with conditions." ATTACHMENTS: Exhibit A -- Housing Mitigation Spreadsheets Exhibit B -- Review Criteria and Staff Comments Exhibit C -- Development Application Exhibit D -- Aspen/Pitkin County Housing Authority Recommendation (to be distributed at meeting) 4 RESOLUTION OF THE ASPEN/PITKIN COUNTY GROWTH MANAGEMENT COMMISSION APPROVING A RE-EVALUATION 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-j 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: 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 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 ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair ISIS Theater 1997 Expansion: Employee Mitigation using 3.5 employees per 1,000 net leasable square feet Net Leasable Square Employee 60% Minimum Mitigation Housing Provided Footage Generation requirement Increase over 3.5 empl. per Employees to Total percentage of Total one -screen 1,000 s.f. of net be mitigated Employees Employees theater leasable Housed housed One -Screen 5,767 - - - - - Theater Original Application (4 11,216 5,449 19.1 11.4 6.0 31.5% screens) Amended Application (5 15,671 9,904 34.7 20.8 6.0 17.3% screens) ISIS Theater 1997 Expansion: Employee Mitigation using 5.25 employees per 1,000 net leasable square feet Net Leasable Square Employee 60% Minimum Mitigation Housing Provided Footage Generation requirement Increase over 5.25 empl. per Total percentage of Total one -screen 1,000 s.fof net Employees to be mitigated Employees Employees theater leasable Housed housed One -Screen 5,767 - - - - - Theater Original Application (4 11,216 5,449 28.6 17.2 6.0 21.0% screens) Amended Application (5 15,671 9,904 52.0 31.2 6.0 11.5% screens) ISIS Theater 1997 Expansion: Employee Mitigation using 5 employees for entire theater operation (approved method) Net Leasable Square Employee 60% Minimum Mitigation Housing Provided Footage Generation requirement Increase over 5 employees for Employees to Total percentage of Total one -screen entire operation be mitigated" Employees Employees theater Housed housed One -Screen 5,767 - - - - - Theater Original Application (4 11,216 5,449 5.0 3.0 6.0 120.0% screens) Amended Application (5 15,671 9,904 5.0 F3.0 6.0 LL screens) Application proposed to mitigate more than 100% of the employees generated with the 6 employees housed in the project. The minimum requirement of 3 employees to be mitigated was not used. Background Exhibit A - page 1 ISIS Theater Retail Conversion: Re-evaluate Whole Project Net Leasable Square Employee Employee Employee Housing Employees to Footage Generation Generation for Mitigation Provided be Mitigated for Theater Retail Requirement Square Increase over 3.5 empl. per 4.375 per 1,000 Total Credit (-) or feet one -screen 1,000 s.f. of s.f. of net o 60% Minimum Employees Deficit theater net leasable leasable Housed Remaining Theater 12,671 6,904 24.2 - 14.5 6.0 8.5 (4 screens) Retail 3,000 3,000 - 13.1 7.9 0.0 7.9 Operation Total 15,671 9,904 37.3 22.4 6.0 16.4 ISIS Theater Retail Conversion: Re-evaluate Whole Project Employee Employee Employee Net Leasable Square Housing Employees to Footage Generation Generation for Mitigation provided be Mitigated for Theater Retail Requirement Square Increase over 3.5 empl. per 4.375 per 1,000 Total Credit or feet one -screen 1,000 s.f. of s.f. of net 60% Minimum Employees Deficit Deficit theater net leasable leasable Housed Remaining Theater 9,671 3,904 13.7 - 8.2 6.0 2.2 (3 screens) Retail 6,000 6,000 - 26.3 15.8 0.0 15.8 Operation Total 15,671 9,904 39.9 23.9 6.0 17.9 #1 Re -Evaluate Whole Project: Exhibit A - page 2 ISIS Theater Retail Conversion: 4 screens + 3,000 square foot retail space. No credit for "excess" theater mitigation. Employee Employee Mitigation Net Leasable Square Footage Generation for Requirement Retail Square feet New net 4.375 per 1,000 s.f. of o 60 /o Minimum leasable net leasable Retail Operation 3,000 3,000 13.1 7.9 ISIS Theater Retail Conversion: 3 screens + 6,000 square foot retail space. No credit for "excess" theater mitigation. Employee Employee Mitigation Net Leasable Square Footage Generation for Requirement Retail Square feet New net 4.375 per 1,000 s_f. of o 60 /o Minimum leasable net leasable Retail Operation 6,000 6,000 26.3 15.8 #2 Theater is mitigated, evaluate retail only Exhibit A - page 3 ISIS Theater Retail Conversion: 4 screens + 3,000 square foot retail space. Credit for "excess" theater mitigation. Net Leasable Square Employee Employee Employee Housing Employees Footage Generation Generation for Mitigation provided to be for Theater Retail Requirement Mitigated Square Increase over 5 for entire 4.375 per 1,000 o Total Credit - or � ) feet one -screen Theater s.f. of net 60 /o Minimum Employees Deficit theater leasable Housed Remaining Theater 12,671 6,904 5.0 - 3.0 6.0 -3.0 (4 screens) Retail 3,000 3,000 - 13.1 7.9 0.0 7.9 Operation Total 15,671 9,904 18.1 10.9 6.0 4.9 ISIS Theater Retail Conversion: 3 screens + 6,000 square foot retail space. Credit for "excess" theater mitigation. Net Leasable Square Employee Employee Employee Housing Employees Footage Generation Generation for Mitigation provided to be for Theater Retail Requirement Mitigated Square Increase over 5 for entire 4.375 per 1,000 o Total Credit (-) or feet one -screen Theater s.f. of net 60 /o Minimum Employees Deficit theater leasable Housed Remaining Theater 9,671 3,904 5.0 - 3.0 6.0 -3.0 (3 screens) Retail 6,000 6,000 - 26.3 15.8 0.0 15.8 Operation Total 15,671 9,904 31.3 18.8 6.0 12.8 #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. (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 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 Finding: 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 Finding: 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. l (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 Finding: 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 Finding: The applicant has represented that any affordable housing provided will comply with the requirement of the 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 Finding: 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 Finding: 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 Finding: 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. �rNni� TW E ISIS 71-fEt1Tf2 A �MQS ExEMPrroN APPL.rcArroN izm6fivol A 4. --') ��"A HAAS LAND PLANNING, LLC 201 NO2T}f MILL SVI2EE1", SUITE 108 ASPEN, COLORADO 81611 (970) 925 -7819 MAY, 2001 AN APPLICATION FOR APPROVAL OF A ■ GMQS EXEMPTION RE-EVALUATION FOR ■ THE iSiS THEATER PI Submitted by: Isis, LLC c/o Sam Houston, Manager 308 South Galena Street 1 Aspen, CO 81611 Prepared by: ' HAAS LAND PLANNING, LLC 1 Planning Consultants 201 North Mill Street, Suite 108 Aspen, CO 81611 r (970) 925-7819 fax: (970) 925-7395 nihaas@sopris.net I I PROJECT CONSULTANTS PLANNF R Mitch Haas, AICP Haas Land Planning, LLC 201 North Mill Street, Suite 108 Aspen, CO 81611 (970) 925-7819 ARCHITECT Charles Cunniffe Architects 610 East Hyman Avenue Aspen, CO 81611 (970) 920-6871 1 1 11 1 THE ISIS THEATER GMQS EXEMPTION APPLICATION TABLE OF CONTENTS PAGE I. INTRODUCTION........................................................................... I II. PREVIOUS APPROVALS................................................................3 III. PROJECT SITE (EXISTING CONDITIONS)........................................7 IV. PROPOSED DEVELOPMENT ALTERNATIVES.................................8 V. REVIEW REQUIREMENTS............................................................ l l V .17 VI. VESTED PROPERTY RIGHTS.. ..................................................... EXHIBITS Exhibit #1: Proof of Ownership Exhibit #2: Land Use Application Form �j ■ Exhibit #3: Exhibit #4: Pre -Application Conference Summary Letter of authorization to Represent the Owner/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 1 I. INTRODUCTION: 1 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 Ithe City of Aspen could be without any true movie theaters in the foreseeable future I 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. 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. 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 Isis Theater Land Use Application Page 1 I 1 L I 7 L 1 Ll I 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 of five (S) employees is only applicable to the Isis project, and any future uses will require re-evaluation for mitigation purposes." 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 26.470.070(D)(5). Although the process associated with Section 26.470.070(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 Cour l after receiving a recommendation from the Growth Management Commission in recognition of the fact that the associated review process has changed since the previous a�pfovals were granted. t eods aye 6✓VI�A If approved, the ballot measure proposing a 0.2 percensal'e?sStax 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. 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 Isis Theater Land Use Application Page 2 I I I 11 1 L and an executed application fee agreement are attached as Exhibits #6 and #7, respectively. 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 of the application. 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. H. PREVIOUS APPROVALS: The approvals for the Isis renovation/expansion were granted and memorialized over eight separate steps: 1) 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. 1. Planning and Zonin, 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: Isis Theater Land Use Application Page 3 0 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 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. 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 U, 1 1 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. One specific condition (#8) is of particular concern for the current proposal. Specifically, condition number 8 states that: Isis Theater Land Use Application Page 4 1 1 1 0 does +�1L_) 4� The applicant shall be responsible for providing and audit of employees two y cars after the issuance of a C.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 (S) employees is only applicable to the Isis project, and any future uses will require a re-evaluation for mitigation purposes. 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." 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. 2. 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. Isis Theater Land Use Application Page 5 1 11 1 a 1 3. City Council Ordinance Number 59-95 This ordinance approved the project's required on -site affordable housing units. 4. Amendment of Resolution 36-95 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 5. City Council Ordinance 45-96 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." Isis Theater Land Use Application Page 6 Ll 6. Final IIPC Approval 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. Z City Council Resolution 98-18 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. ' 8. HPC Amendments to Final Approval 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 Ianother amendment relating to the free market residential unit. IIII. PROJECT SITE (EXISTING CONDITIONS): 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. Isis Theater Land Use Application Page 7 I �i C! L� Ll ISISTHEATER, L� 11 7 111 I 1 1.0UxlR Iz-r/EL I 1 11 1 As indicated by the chart above, the existing two story Isis Theater building (a/k/a 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. 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 4,135 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. IV. PROPOSED DEVELOPMENT ALTERNATIVES: 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. 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 3 -l6 -0/ ATEKAATivE oc- SCALE: /6 „ = /,-a, AM 3 - /6 - 0/ ALX� v TWO SCALE: %6 " _ /'-0" II 71 Ll I 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. 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. 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). 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. 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 ' Isis Theater Land Use Application Page 9 1 n 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). 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. 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. 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. 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 I ' 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. nII V. REVIEW REQUIREMENTS: 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, "The approi,ed employee calculation cf five (5) employees is only. applicable to the NL oject, and any future uses will require re- ' evaluation for mitigation purposes. 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 26.470.070(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 Growth Management Commission in recognition of the fact that the associated review process has changed since the previous approvals were granted. Isis Theater Land Use Application Page 11 Ll I ' 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: ' (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 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) [incorrect citation, should instead refer to Section 26.470.100(C)(3)J 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 affordable 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 fixture, additional floor area is requested, the owner shall provide affordable housing mitigation at the ' then current standards. (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 affordable ' housing set forth in the Aspen/Pitkin County Affordable Housing Guidelines. I As the existing structure already exceeds the 1.5:1 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. 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. 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. ' 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 11.6 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. - ALTERNATIVE ONE: (3,000 square feet - 1,000) 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 1 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). 3.5 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 15• 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). J.f , 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 standards.I 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. 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. 1 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. ' (b) Parking. Parking shall be provided according to the standards of Chapter 26515, 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. 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. 1 (e) 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. Isis Theater Land Use Application Page 15 All existing utilities and drainage improvements were established in a manner rwhich 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. 1 (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. 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. 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. 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 Isis Theater Land Use Application Page 16 1 1 �J 1 I 1 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. VI. VESTED PROPERTY RIGHTS: 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. 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. 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 Isis Theater Land Use Application Page 17 11 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 ivesting 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, I should such leasehold become a reality I� Ll 1 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. Isis Theater Land Use Application Page 18 1 1 1 1 1 1 1 1 t 1 1 1 EXHIBITS Exhibit # 1: Proof of Ownership Exhibit #2: Land Use Application Form Exhibit #3: Pre -Application Conference Summary Exhibit 44: Letter of authorization for both Haas Land Planning, LLC, Planning Consultants, and Cunniffe Architects to represent the applicant/owner Exhibit #5: Summary and Copies of Previous Approvals Exhibit #6: List of Property Owners Within 300 Feet of Subject Property Exhibit #7: Signed and Executed Fee Agreement I EXHIBIT # I F1 1 F1 Q ........ ................................................. ............................................. ............................................... ................................ m O m O 0 <n a ° E in Q :' m w m LU co LU d W ::. a U U Q O m cpo 3` �n LO Ll c o j Cn M M N N O O O M €Q o 0 «� c o g4:: co 0o A m W QI: a' a of m > >m ai3iii p y Q O U m m a a O N r z = O U (0 O. Q N a m N O Z Z ._ U _ X _ L) (D OJ 0/ a o m p J 00 0 a O z Q -n c M W O O d d o > E o m E M 0 z :) M O o z O CD Z - d cZi ^ ami a U M Co m O a N ti d J Q OQ M.O 00 O a` c v U Co O, o r--A o 0 Z Cc Cc m ale a� m U W W Z p = Om koo O Ir_ Z Z r Z W W 2 m O W U 00 U Q J Q o Q O Q a co .Ld I��321 1 ' E I 1 EXHIBIT # 2 J IPROJECT: LAND USE APPLICATION I 1 1 1 1 1 1 1 r Name: 13K I e Ta—*op FIr�(jRA—rt o►) Location: l., mOt Rpex CY9t (owtsrmpF�S 1 (indicate address, lot & block number, legal description where appropriate) APPLICANT: Name: 1, 51 �� PLC Address: 3CR) S. & &AN 9E Phone #: R-IU) 92.S - 6OX REPRESENTATIVE: Name: OAP6 W9PLAtj9I0& LLC Address: 201 M. MI i 1, S1 # b( Phone #:(TTO)2;6--f(51� Y OF APPLICATION: (please check all that apply) ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD/PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition [GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA - 8040 Greenline, ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Stream Margin, Hallam Lake condominiumization) Expansion Bluff, Mountain View Plane ❑ Lot Split ❑ Temporary Use 12f Other: X`(EMIOE17 ❑ Lot Line Adjustment ❑ Text/Map Amendment Vr3`rb1> P06gTs EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) J5 5czr 151 M(J I C ' 32[i a2 PROPOSAL: II(IIdescription of proposed buildings, uses, modifications, etc.) At,T D `t cGtr��l MoJIE �gTcfL + ApPRAY. ?J,Oz) (�MM zc4kt- SAAt,� AL-r. Tvv: 3scgeW mck I - 1- t x 6,00 of owlet, 00 Have you attached the following? FEES DUES [� re -Application Conference Summary Attachment # 1, Signed Fee Agreement Response to Attachment #2, Dimensional Requirements Form esponse to Attachment #3, Minimum Submission Contents Response to Attachment #4, Specific Submission Contents [✓Response to Attachment #S, Review Standards for Your Application Ali EXHIBIT # 3 I J I 17� PLANNER: PROJECT: REPRESENTATIVE: OWNER: TYPE OF APPLICATION CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY Chris Bendon, 920.5072 Isis Theatre Retail Conversion Mitch Haas Isis, LLC. Sam Houston, managing partner 1 step — GMQS exemption DATE: 4.26.01 DESCRIPTION: 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 if the theatre use discontinued were expressed in the approvals. Staff and applicant agree that this "re -review" should utilize the same GMQS exemption provision as originally used for the project. 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. 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 analysis will replace the Land Use Code range noted above or that decision -making boards will be bound be any results determined by such analysis. 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. 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 Review by: Staff for Completeness, Community Development Director for recommendation, Growth Management Commission for approval, City Council for vested rights extension beyond normal 3 years. Public Hearing: 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. Referral Agencies: Housing Planning Fees: $2405 (deposit) Referral Agency Fees: Housing $345 Total Deposit: $2,750 (additional hours are billed at a rate of $205/hour). ' To apply, submit the following information: 1. 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 of the 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 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. 10. Description of employee generation method used for previous approval and mitigation provided. Description of employee needs for remaining theater operation. 11. Copies of prior approvals. Notes: t• A site improvement survey is not required. • 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. • 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 of the 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. • 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 may or may not be accurate. The summary does not create a legal or vested right. [ I 1 Ll EXHIBIT # 4 I L� May 1, 2001 Isis, LLC c/o Sam Houston, Manager 308 South Galena Street ' Aspen, CO 81611 ' Aspen Community Development Department 130 South Galena Street Aspen, CO 81611-1975 Re: Isis GMQS Re -Evaluation Application To whom it may concern: 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. 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. Sincerely, Isis, LLC Sam Houston, Manager Ll LJ 9 EXHIBIT # 5 1 l AP-14-01 4VFD 1 : '�6 F'M HOIJ� i UK GOLD�1vII TH FA;+ 110, 97091?0=00: F. 1 I Memo To: Julie Ann Woods, City of Aspen Community Development Director From: CC' Stan Clauson, AICP, ASLA John Worcester, City Attorney ' Date: 27--Dec-00 Re: Isis Theatre Approval Review I 1 Annotated Documents List HPC A4pprovals Slav CLAUSON A»4XNTE5, LLC Plauuzing • Urban Design Traruporrark+n Srudies Project VIdnage►nent 21?0 FA,5I MAIN STREET ASPEN. GDLO;L. Ct) ,i1611 TELEMONE: 970.923.2323 FAx: 970 920,1628 E- LAIL: clauson(Acji.c,:,rn 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 concerned 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" Minute s—Workses s ion, 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 i F-� i"(L: ITT- k .-. ^�:�'. ITS jE,_-,:- f lYl�r;-1 -111 Y t) 1 N4 HOU�,TON r, G(:)LU1MITH FA,X; 110. 9709^01)(1 materials for the new portions. HPC member Sven Alstrom 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 vve 1 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. �I u 7. Menlo, 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. Merno and Resolution amending Final HPC Approval, 10 March 1999 F. _ MRU-14-01 `WEU flvf HG11 TOhi I- GOLK-MITH FA;; IdO, 9709`,0;iiii= P, 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 which would have eliminated the requirement for a cash -in lieu payment when "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 ' would be consistent with the current possibility of waiving the parking cash -in -lieu 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, which was approved by Council as Ordinance No. 45, Series of 1996. This change to the code permitted the Planning 8 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. I• Page 3 1Y! if-ii1 J�ED l :i P1d g��1iSTUt� it GttLD 1�IT?1 F'-%ii9='0=pii. �I 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 when 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 were met because a theater uses inherently fewer 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. However, 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 wa's 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 would require parking in the evening when more spaces were available in the Rio Grande Garage and when on -street parking needs were generally less severe. Thus the theater use was considered to be complementary to the downtown 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: 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, Nvo years following the issuance of a Certificate of Occupancy, to determine if the lower level of employment projected for the Isis Theater is in fact correct. Any additional employee generation determined by the audit would require additional mitigation. The P&Z went on to say "In addition, the approved employee ' 0 Page 4 I,] MAF.-I -01 `!HI! 1_ _- YbF Hi11;Trir4 �JULD'IvII�I F'.;t: Ii�J. 9 iiy_ii:pii: I' calculation of five (5) employees is only applicable to the Isis project and any future uses will require a re-evaluation 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 -lieu 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 ttie downtown care and the availability of evening barking at the Rio Grande Parking Garage" [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 Preservation 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 1 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION ' APPROVING A GMQS EXEMPTION, AND SPECIAL REVIEWS TO EXCEED THE ALLOWABLE FLOOR ARE IN THE CC ZONE DISTRICT, THE REDUCTION OF DIMENSIONS OF REQUIRED TRASH AND UTILITY SERVICE AREA, AND A REDUCTION IN THE MINIMUM OPEN SPACE REQUIREMENT IN THE CC ZONE ' D7STRICT FOR THE ISIS THEATER (LOTS L,M AND N, BLOCK 87) CITY AND TOWNSITE OF ASPEN ' RESOLUTION (SERIES OF 1995) WHEREAS, Section 24-8-204.B.c. of the Aspen Municipal Code allows the Planning and Zoning Commission;to grant a GMQS Exemption for the enlargement of a historic landmark to be used for commercial and residential purposes which increases both the t building's existing floor area and its net leasable square footage; and ' WHEREAS, Section 24-5-209.D.11 of the Aspen Municipal Code allows the Planning Commission to grant Special Review approval to exceed the allowable floor area of 1,:5:1 to 2.0:1 in the CC Zone ' District; and WHEREAS, Section 24-5- 209.D.6. of the Aspen Municipal Code allows the Planning Commission to grant Special Review approval to I 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 Zoning Commission reviewed the ' development proposal in accordance with those procedures set forth at Section 24-6-205(A)(5) of the Municipal Code and did conduct a public hearing thereon on December 5, 1995; and WHEREAS, upon review and consideration of the plan, agency and public comment thereon, and those applicable standards as contained ' in Chapter 24 of the Municipal Code, to wit, Division 2 of Article 8 (Growth Management Exemption), Division 2 of Article 5 (Special Use Review Floor Area and Trash/Utility Area) and Division 4 of 1 I Article 7 (Special Use Review - Reduction in Open Space) the Planning and Zoning Commission has recommended approval of the ISIS Theater's above mentioned requests; and NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF 'ASPEN, COLORADO as follows: That the Commission approves a GMQS Exemption for the enlargement of a historic landmark to be used for commercial and residential purposes which increases both the building's existing floor area and its net leasable square footage, and approves the special use review requests to exceed the allowable, floor area of 1.5:1 to 1.8:1 in the CC zone district, the reduction of the required trash and utility service area, and the reducftion of the minimum open space in the CC zone district, with the foillowing conditions: ' 1. All representations made in the application or by the applicant at the Planning and Zoning Commission meeting shall be adhered to during development. 2. The final development plans shall include a drainage plan prepared by a registered engineer that provides for no more than historic flows to leave the site as described n Section 24-7- 1004.C.4. of the Municipal Code. No drainage shall be allowed to enter the alley. 3. If sidewalk repair work is deemed necessary by the Engineering Department, it must be performed prior to an issuance of a certificate of occupancy. 4. The building permit application shall include a site improvement survey. A note shall be provided on the survey that "all easements of record as indicated on Title Policy No. ( ), dated ( ), have been shown hereon." 5. Any proposed landscaping shall be shown on the final ' development plan in the building permit application. The landscape design shall be approved by the Parks Department and must meet streetscape guidelines. 11 6. The applicant shall agree to join any improvement district formed for the purpose of constructing improvements in the public right-of-way. 7. The applicant shall consult city engineering (920-5088) for design considerations of development within the public right-of- way, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, with public rights -of -way from the City Streets Department (920- 5130). E 8. The applicant shall be responsible for providing an audit of employees two years after the issuance of a C.O. verifying the employee assumptions contained in the application. This audit must be done via an independent report supplied by the applicant and reviewed by the Housing Office for accuracy. If the audit ' determines that employment has oxceeded the five FTE's, the applicant shall be required to mitigate any additional employees according the Guidelines in affect at that time. In addition, the approved employee calculation of five (5) employees is only applicable to the Isis project, and any future uses will require a re-evaluation for mitigation purposes. , ' 9. Prior to the issuance of building pEfrmits for the free market and two affordable units, deed restrictions shall be filed for approval and review by the Housing Office consistent with ' representations within the application. 10. Prior to issuance of a building permit, the applicant shall pay the applicable cash -in -lieu for open space, consistent with the requirements of Section 7-403.A.3. APPROVED by the commission at its regular meeting on December 5, 1995. Attest: Plann�'ng, and Zoni Commission: ' h h cm Q}UtW 6 I a—t q -q S _ /J Sharon Carrillo, Sara Garton, Chair ' Deputy City Clerk 11 3 ORDINANCE NO. 58 (Series of 1995) 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 "H," HISTORIC LANDMARK PURSUANT TO SECTION 24-7- 703 OF THE MUNICIPAL CODE. WHEREAS, the Isis LLC, with the permission of the owners of the property, Dominic and Kathryn Linza, have filed an application for Historic Landmark Designation of their property, 406 E. Hopkins Avenue, Lots L, M, and N, Block 87, City and Townsite of Aspen, pursuant to Section 24-7-704 of the Municipal Code; and WHEREAS, the Historic Preservation Commission recommended Historic Designation 7-0 for the subject property at a duly noticed public hearing on August 9, 1995; and WHEREAS, the Planning and Zoning Commission recommended Historic Designation 6-0 for the subject property at a duly noticed public hearing on December 5, 1995; and WHEREAS, pursuant to Section 24-7-702 of the Municipal Code, the City Council has found that the subject property meets standards B (architectural importance), D (neighborhood character), and E (community character); and WHEREAS, City Council wishes to affirm those recommendations as rendered by the Historic Preservation Commission and Planning and Zoning Commission and complete the Landmark Designation process. I L� NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO SPr_tinn 1 That the structure and property at: 406 E. Hopkins Avenue, Lots L, M, and N, Block 87, City and Townsite of Aspen be granted "H," Historic Landmark Designation. Section 2 That the Zoning District Map be amended to reflect the rezoning described in Section 1 and the Community Development Director shall be authorized and directed to amend said map to reflect said rezoning. Section 3 That the Community Development Director s4all 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. Section 4 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. Section 5 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. I 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. ATTEST: Kathryn S. Koch, City Clerk r3 John S. Bennett, Mayor I 0 FINALLY adopted, passed, and approved this day of 1996. ATTEST: 1 Kathryn S. /Och, City Clerk 0 John S. Bennett, Mayor Ordinance No. 95-S ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING THE PROPOSED AFFORDABLE HOUSING UNITS IN ASSOCIATION WITH THE REMODEL AND RENOVAtTION OF THE ISIS THEATER (LOTS L, M, and N BLOCK ' 87) CITY AND TOWNSITE OF ASPEN 1 WHEREAS, Section 24-8-209.J. 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 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 ' WHEREAS, on August 23, 1995 the applicant received Conceptual Approval from the Historic Preservation Commission; and / 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 ' 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 1.5:1 to 1.8:1 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 WH EREAS, 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 ' 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. F-7 u 1 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 Commission, the Aspen Historic Preservation ' Commission, the Joint Growth Management t Commission, the Aspen/Pitkin County Housing Office and has taken public comment at public hearing; and WHEREAS, the City Council finds that the proposed affordable housing units meet or exceed all applicable development standards and are consistent with fhe goals and elements of the Aspen Area Community Plan; and WHEREAS, the City Council finds that this Ordinance. furthers and is necessary for public health, safety, and welfare; and ' NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO: ' Section 1: Pursuant to Section 24-7-60I.D. of the Municipal Code, the City Council finds as follows in regard to the proposed affordable housing units: ' I. The City of Aspen has an adopted plan to develop affordable housing with monies from payment of affordable housing dedication fees; and ' 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 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 ' 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 ' 5. That the development itself requires the provision of affordable housing on -site to meet its service needs; and ' 6. That the proposed units as set forth in the application are not in conflict with the provisions of Chapter 24 of the Municipal Code or the Aspen Area Community Plan. 1� ,7 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 ordinances. i 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 and shall not affect the validity of the remaining portions hereof. 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 shall be held on the day of 199b�!at 5:00 pm in the City Council Chambers, Aspen City Hall, Aspen Colorado, 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 as provided by law, by the City Council of the City of Aspen on the day of/ i%t �'x—rLt-✓ > 1995. John Bennett, Mayor ATTEST: Kathryn S. och, City Clerk 9� FINALLY, adopted, passed and approved this � day of C.C� 1 %3> ohn Bennett, Mayor ATTEST: Kathryn S. KIch, City Clerk 4 VANN ASSOCIATES Planning Consultants March 25, 1996 HAND DELIVERED Mr. Dave Michaelson Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Isis Theatre Renovation and Expansion Dear Dave: The purpose of my letter is to confirm my understanding 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, ATES CP cc: Sam Houston c:\bus\city.]trUtr2839S.dm2 230 East Hookns Avenue • Aspen. Colorado 8 16 1 1 • 970/925-6958 • Fax 970/920-9310 l� EXHIBIT # 6 I 5 I '16 EAST HOPKINS LP OLORADO LIMITED PARTNERSHIP 15 E HYMAN AVE STE 105 SPEN, CO 81611-1945 j5/S 434 EAST MAIN LLC 314 S GALENA ST #200 ASPEN, CO 81611-1818 IRCHDIOCESE OF DENVER SAINT ASPEN ARCADE LTD LLLP MARYS 4020 PALOS VERDE DR N STE 206 300 S STEELE ST ROLLING HILLS ESTATES, CA 90274- 1ENVER, CO 80210 2525 ISPEN DRUG INC ASPEN FIRE PROTECTION DISTRICT O BOX 11468 420 E HOPKINS AVE ASPEN, CO 81612 ASPEN, CO 81611 HARLEY A II BANK OF ASPEN IALDWIN 05 S GALENA ST C/O AUTAX INC ASPEN, CO 81611 PO BOX 2798 LITTLETON, CO 80161 ENTLEYS AT THE WHEELER O BOX 10370 SPEN, CO 81612 BULLOCK G E GRANDCHILDRENS PTNRSHIP 1/6 ff /O SUZETTE GOODMA 00 E MARKHAM STE 305 ITTLE ROCK. AR 72201 OLE MARGARET M /O FIRST NATIONAL BANK OF CEDARIDGE O BOX 8455 SPEN, CO 81612 IOOTLOOSE MOCCASIN MAKERS INC 0SMILLSTSTE201 ASPEN, CO 81611 OLDSTEIN PETER & ALAN 0 METRO PK #2 OCHESTER. NY 14623 HILLIS OF SNOWMASS INC 070 E GORE CRK AIL, CO 81657 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 C/O PO BOX 1247 ASPEN, CO 81612 HABATAT GALLERIES ASPEN INC HAGOPIAN SANDY C/O 213 S MILL ST ASPEN, CO 81611 HINDERSTEIN FAMILY REVOCABLE TRUST P O BOX 1576 MERCER ISLAND, WA 98040 ALH HOLDING COMPANY INC 435 W MAIN ST ASPEN, CO 81611 ASPEN ART INVESTMENTS LTD 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 C/O 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 /s is HOTEL JEROME ASSOCIATES L P PARTNERSHIP 30 E MAIN ST SPEN, CO 81611 JANTZER TAYLOR MICHAEL FAMILY TRUST #1 501 VISTA DEL MAR ILAYA DEL REY, CA 90293 OMA ALTA CORPORATION 210 N CENTRAL EXPWY DALLAS, TX 75206 ILL STREET PLAZA ASSOCIATES LLC /O M & W PROPERTIES 05 S MILL ST STE 301A ASPEN, CO 81611 SCHAEFER WIDO L rA 1SURFVIEW DR CIFIC PALISADES, CA 90272-2915 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 C/O HILLIS OF SNOWMASS 170 GARE CRK DR VAIL, CO 81657 SCHAINUCK LEWIS 1 5750 DOWNEY AVE STE 206 LAKEWOOD, CA 90712-1468 UNDELIN ASSOC WHEELER BLOCK BUILDING LLC A NEW YORK GENERAL PARTNERSHIP TKG MANAGEMENT INC C/O N0 METRO PARK 1001 CHERRY ST STE 308 OCHESTER, NY 14623 COLUMBIA, MO 65201 1ILLIAMS DEXTER M 51% 230 S MILL ST SPEN, CO 81611 n 1 J 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 P O BOX 114 ASPEN, CO 81612 EXHIBIT # 7 L, i �l ' ASPEN/PITKIN COMMUNITY DEVFI OPMENT DEPARTMENT A urccrr►ent for Payment of City oof Aspen Development Application Fecs ' CITY OF ASPEN (hereinafter CITY) and r2115 Qiereinaftcr APPLICANi) AGREE AS FOLLOWS: ' 1. rAA�PPLICANT has submitted t CIS' an Wplicatiolfol Fl L I �I (hereinafter, THE PROJECT), 2. APPLICANT understands and agrees that City of Aspen Ordinance: No. 43 (Series of 1999) establishes i fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness" 3. APPLICANI' and CiTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CiTY further agree; that it is in the intcrust of the parties that APPLICANT make payment of an initial deposit and to thereafter pentlit additional costs to be biiled to APPLICANT on a Inonthly hasis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs ate incurred. CiTY agrees it will be benefited through the greater ccrminty of recovering its full costs to process APPLICANT'S application. , ' 4. CiTY and APPLICANT further agree that it is impn4cticable for CIIY staff to complete processing or present sutllcient information to dic Planning Cottunission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless cuiTent billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in considcratiott of the CiTY's waiver of its right to collecr full fees prior to a determination of apvlicatiot► completeness, APPLICANT shall pay an initial deposit in the amount off 2 50-�vhich is for?W�hours of Community Development staff time, and if actual recorded texts exceed the initial deposit. APPLICANT shall pay additional monthly billings to CITY to reimburse the CiTY for the processing of the appiication mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure: to pay such accrued costs shall be grounds for suspension of processing, and in no cast will building permits be issued until all costs associated with case processing have been paid CITY ON ASPEN By' -- Julie Ann Woods Community Development Director Igtlst►pportkformslagrpayas.doc 12/27/99 APPLICANT B}u Mailing Address: 6 10 W11Wl MilI�I?NIN MEETING DATE: July 17, 2001 NAME OF PROJECT: ISIS THEATER RETAIL CONVERSION GMQS EXEMPTION CLERK: Jackie Lothian STAFF: Chris Bendon WITNESSES: (1) Mitch Haas (2) Sam Houston (3) 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 7/17/01 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 ROGER HANEMAN YES _x_ NO RON ERICKSON YES NO PETER MARTIN JOHN HOWRD YES _x_ NO YES _ NO JASMINE TYGRE YES _ NO MICHAEL AUGELLO YES _x_ NO ERIC COHEN STEVE WHIPPLE JOE KRABACHER YES_ NO_x_ YES _x_ NO 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. 1 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 of 3.57 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 2 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 of the 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 of this 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. 3 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 if there 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 of the 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 of the 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 1, 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 2"d alternative with a credit. Haas stated that the alternative 1 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 1 free-market unit. Bendon stated that there was no representation of the 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 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 -lieu or expanding the deed restricted unit to a two -bedroom on site unit without cash -in -lieu. 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 ✓C'7l'AV A&- �p8 - 28•� 2 Z✓%krlimn Gdii* (�? 3 d% ar. -= 44. - a�/ as 4;-: � - �ly.a - /5G 234 e �la�eK &k rev /���,�1. 14c. rr�w 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 May or 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 $$$ goal to make an offer 6. Other discussion items 7. Group select a chair for future meetings a. Form Financial Group b. Form Ideas Group O M v W 0 Y N Q H W z O a. z O Q J LL LL. 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N N N N N N N N i N N N N N N U O O N C O (d c U N C C O_ cn U C C (n to U c O 7 cn O = c c O aJ O U U LL. a) E E O U U U- O O U U L L U U O .0 U U L L o Q 0 Q U 0 c O 0 0 c c Q c Up_ c IL M c c a) c a) U a� c c U U d c U c Cn (n d cn rn a) C c m d 0) a cn L E Q n. = (n (n (n Q U Q Q Q rr, U Q O Q Q Q LL << c 0 a) L to U M U L ) _ C L E M C a)c C T -O U> c C C y6 L L U U L -0_ C N o 7 m W O O O O O Y 0 X U) U) cn (n 7 3: U)cn M m L 7 FM—� F— 1— m m U LL. LL. LL. CD = 2 2 Y J 0- E �n c U T 3 a) M -0 a) a) a) L a > O L O m C cn . E V L iu 4) m m O a) m a) m U w N LO w� tCp c0 . Ux Un.w2Yx �cnQ(DQ(D�(nin,f-UnwozJYY 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 or` Aspen. • CofA through Wheeler is city subsidized. VVe could not afford to do it in commercial space. • Nick DeWolfe - film nut, value of space. seating, surrounded by magic of Film. learn cuitures, save the experience • What are we looKing at? Subsidize or purchase 'building • Isis will sell building. • Many theatres are c!osing across the country -what is the usage of these spaces? • Bill Sterling - Nice to see so many people gathered =or 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 S17 million with cash flow Sale: 312 million — The Partners are willing to sell at present This should include a 35 million tax write-off. Price not negotiabie. 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 oartners in approximately one week. Intend on going forward with -P!an B" as stated in the above intent. TIME: Conversion approvals and conversion construction for Plan 3 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 may or may not work. They are looking for possibie 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(q-) aol.com What were the gross revenues? He never received any reports. Richard Lawrence, RTA President Phone discussion 1/12/01 1. Total attendance 1/1-10/12100 97,844 2. Highest month July 19,000 lowest month Sept. 5,000 3. Projected to loose 3700,000 first year 4. Occupancy costs — Rent, Taxes, CAM. ins. 3750.000 5. RTA invested 33 mil into the project as part of their contract with ISIS LLC. $400,000 into the building shell carpet, walicovering, sound system, screen, projectors. etc. rent - $35 per sq. ft. which is very high for theatre labor costs doubled - 312.50 per hr compared to 35 & 36 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, El 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 FIFE 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. RTA 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 Fiimfest • 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 door. • Stage III should buy Isis Isis should become a Performing Arts Center • Isis should become a PAC with a few movie theatres Private Foundation Private funding form users, enforcing a monthly fee. 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 oniv responsible for the exterior. We need to create a mission statement for ?he 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 S1500. The St. 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 S100 to 3125 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 thelectures and here because'ngs. Most events of the size of the hall, t occur at the Wheeler are presented 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 Number of Performances Number of Rehearsals Number of Meetings Total Events Number of days booked Local Nonprofit Usage For -profit Usage 169 179 98 30 476 356 323 days or 91 °'o` 33 days or 9% *Locai Nonprofit usage is subsidized by 70-80"o 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 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 St. Regis 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 overflow to other hotels • Going rate is 5100 to S125 per person which includes food and beverages. l rooms that will accommodate groups • They have board rooms and bal 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 Nida Tautvydas 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. (con'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 356 Local Nonprofit Usage 323 days or 91 %* For -profit Usage 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/1) 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 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. 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; lumberyard-, 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 th square footaq@ 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. 4hlell-� M)ew, ef-1,n WVe a Ja ✓h�W/5*lhr- 4 � el"qle/ hcf ah spit (oamdPAfwr( 4w saov, vz, ( llG �i�fn+ S�a✓`� �! /7�.,ON ✓j l/5E . � f iwd a �1 i �i�Wrre•� � i � 5 � I NONjwI-, f5/ Gwwtf fiAd C SUS cif ll,�rP�) 7 lei ,�i ��Gvi✓iu-Yc ? Jo���� �til`(�;r��� , C��, v s ttttt� L rA R� lotr � Jaw AN oz J � _ 3 �..'C. 07 s IM �Q y -� ^��•—... Gas :s ..� ��... �•�N a�t� G�_�` C:ommunitX debates Isis tuture By Kathleen Carlson Apt 08ft Mew. sue WF"W With a $60.000 monthly mortgage note. the Isis building owners' financial clocks are ticking, and part of the beloved theater couldbe converted to retail space. That's what; Sam. Houston. principal with Isis LLC, which owns the building, said in a town meeting Tuesday night. Houston's remarks came after the Isis Theater closed in December when its owner and operator. 'Janic- rupt Resort Theaters of America. could not, remain committed to its lease. The shutdown by the Los Angeles -based company was sudden. prompting community outcry and the town meeting. The discussions, held at the Isis, attracted. high- powered attorneys. commu- nity arts representatives and concernedcitizens. as Houston told them he wants to keep three of five screens- operating. He also told -the audience he and his partners intend to con- vert the main. level of the building to retail space. Adding the retail space would malre the building's :Wue..51 a million, Houston said: _. "I could ger, a; buyer for 31 S million and I'm happy m do it," Houston said. LOCAL Community, arts interested i*n Isis ISIS from page Audience members expressed shock and Aspen real estate mo,ul Harley Baldwin stood up, put its jacket on. said "that's ridiculous" and left. Houston said he'd 6e willing to take a $1 million loss on the build- 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 $18 million figure and with a $5 million tax deduction, the owners will be willing to swallow $1 million and offer the building 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 and 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 building if a fundrais- ing effort could buy the venue for the arts or if the city would somehow become involved. The _own loesn'' appear '.argt enough to suoport .'.i;iit movie screens. ttiree of which are at Sta,e 3. accordine -o Houston. "The economics don" work. We were toil :hey would. apparenti,: thev don'"" said Houston, who repeatedly said he is not an expert .n the movie business. Ideas such as reiocating.the aspen Art Museum to the main level, creat- ing a film center, having a live the- ater stage, operating storefronts such as a bookstore or coffee shop were suggested. all would allow for the 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?" Kole asked. But any plan created to verve a community need must be concocted quickly with the owners paying a monthly mortgage of S60.000. "I can see a couple of people worth several million dollars. I would like to see you stand up at some point in time." Houston said. A task force has been created to generate ideas that would best serve the community. another meeting has been scheduled for Feb. 1. stomer) • www.aspentimesxom Radio host airs plan for the Isis ■ Kole says 'ne NH put forward ballot question to save vacant theater Sy Janet Urquhart Aspen Times Staff Writer At least one film fan believes the public may be willing to shell out more than the cost of movie tickets and popcorn to save the Isis Theatre. Local radio talk show host Andrew Kole said Tuesday he .: petftward_a.ballot quesdotr '''for the May election that proposes a new sales tax or T property tax to raise money to buy the theater. In i "worst -case scenario." Kole said he figures it would cost 512 ,trillion 'o huv the HopKins -kvenue movie ;louse. Ideally. he added. organizations that :ouid use the tive-screen theater and philanthropists will put forth money to whittle :sown what the city would actually have to bor- row. ''That number hopefully will come down." he said. Kole said he wiil push the .aspen City Council to put the ref- erendum question on the 'iallot. The number of people that nave already signed circulating "Save the Isis" petitions reflects support forrsU6-j ballot treasure, he con- tends. Aspen Rmfest has collected ■ see Isis on page 13-A CoMnfry page 1-A mote than 1_00 signatures on the petitions, according; m Laura Thielen. Rudest executive direc- tor. if Kole wants to put a question on ;be ballot through : cluzen's ittitiaave, he must collect the sig- natures of 806 registered city 1/01- em —. l3 percent of the number of votes cast in the last re,uiar -ity eiectlon. accorain, :0 �av C:etc Kathryn Kocn. ••Lf •ilev, force 7ne :0 ao OUE .:nu get 806 signatures. !es. ` vtil ;o ,,et them. but [ son ::mnti 've :1 need them:' Koie ;aid. But some C.Ev (.June:! Znem- bets are 110E ready :0 put :ne '.»ue before the voters memseives. 1t I east not yet. Koie's push ,s _)remaEure. <alu .flavor Rachei tic"azCs. "You don't ;o :nto these %un; uptiv.' she saki. .You :on ,e• people :0 SUDOOM :axes awv. Richards -.:Ails he :r; chase .)f me Rea 3nc:c .iris rtld Recreation 'enter in :9Q-. ;11e city .lad a business olan -a �nac.. paying users for the buuiding lined up, and the ability to taxe on the debt. The 0roposal .0 Ise »•p million in tax -supported conds t0 buy and renovaEe :he former school passed by three 'Dotes. Richards said she `lopes :Om- munity discussion on :he fate Jt the Lsis. to begin next Tuesday with a town meeting, produces wa*nble plan to preserve the the atec The Isis closed IasE mon after Resort Theaters of .-timeric closed its operation here. chin mounting ririanciar losses. Since the shutdown. specula lion ioout ttte :onversion if di theater to yen -end -etas! spac ,lag ;)een rampant. Sam :iousto spokesman :or .he )uilding' owner's. -Ias' airs -be ,tooes to ;its a new operator for the Isis. gut warned that maintaining rile entire building is 1 cheater may not �e feasible. Richards said she does not rile out municipal invoivemenE in -urure ownership )f he Isis. but predicted it 'mould eature strong support trom ioi.-ai ursani- zations :hat .vans :he .•enue ^re- ;erved. '!'o gee the ,:Av r)articmale :n .-aoiiai inve iftm � 1 "Ore — ,nould Me :tv gut �a .:ommumty ?uts in — :s �rooa- olv morounate." ine ;alp. wouid be zreat to .;et :o me 0otnt Where :here's 1 ')ubiicTnvaEe ownersma got he luildine-.. Ideally. *he :ac1i[y :Quid e used 'or ^om '.ocai programs me -nowm2 �t . ommerc:m 'ilms. i e 'aid. '.ng me revenues h1E :OWL1 :Ome .Vim "anous 'ises .)f Me -heat' ,:Coming 'J Z:caares. hates xlii �z .:valiao:e :or "les- 1aY = ,neean_. + C:Ev )rtic.als 11so :ODC "0 ,auge cuok suoport :or =V zuv- ztrnment :nvotvement :n reserva- tion of the theater .a that meeting_. 3v Koie's estimate — ul(h :he aeiD. ne ;aid. )f m �)uEsiue win- ger cruncner — a ;ails ax increase of ., or ercem Jr i property :ax hike 4 1.3 miss would pay off 1 _o-;;ear pond :o buy the property for 31= Imllion. i He's not .ikely to rind support on the Clty Council for'Jroposuig th that kind of :debt m the voters. a though. -We have so many other press- ing issues. I don't feel it would be. resoonsible 10 bond for that:' said e Cjtincilman Tony Hershey. " t don't think ?Ou can take the n. favored cause of the moment and > out _veil 'esource 'oward :E. �i.'. RiiirdF:+'..'.... .. . one valley, one Newspapeer The Last Picture Show As i he sls Struggles To Stav .4ficat, The CommurTii�� Speaks Cut BY CABBIE CLICK �fT`:ea ater c:oseLi sown :ssi :::cnm after less than a year n business. nlnv .e:t �:eai `ense Jt -3 s. dill:_ ethers °metered •t to►d you :o:' %aLL acw. dkC Cates Qv2r ar%rd;+e'trcWins ow the -ever - changing qki en. kv-Lnter snort : dt:s- a,,, the _sis = become another of asoen's „ot -oeics. `�[ary iocais .00k at the new :s.lde�_,s about '.JZ`'CC''.' -Ai "Se L.�lle ....U:'.Jr.* Z8S CC::1 .rir�d t0 !JOIi 1rt5 Or31II17a- nors. froDance-, m the Aspen Da !:, ►lrlcc tioa to the aspen Comedy arts cestl- vaL to look at multi -use options for the building. So now with- the `scant Isis Movie Theater staring us in the face. what do we do? . Onc things for sure. There's a sort spot is the ;Ommu mty.s Cart - +,he,Fsis and what it has means to the Roaring Fork -Valley: " here s what ittneans: said Emmy -award wring filmmaker Gre; °oschm.n. xho was born imd raised in Asper, "My earliest memo- ries of the Isis were when I was 6 years oid.. I grew up going to that movie theater_ I usedto help Dominic �I.:nzal pmiect -movies apstairs. And the thought of yet more retail shops ending -1p there. to me. is just tragic. See ISIS, P"o A4 ro H L. c • 7 7 3 w = > y '� y .�. a y T 3 "J t" v00. '� v a�U ca _ � "to n. m 'c 3•-a >:� ac c.�.,_. ti �" = y'd - a v ,ry a� � ::15 > > = c 3 3' �•- � ti 6. as 6. CS -Z'`�s 3�� "'wa CA + =ate M a yF-.c �, cam. a c°= b c,,, c x'. �'__ 3 =�.- 4 F _ n J 0 A • rmw 1 LJ 1>1 ZI Ep 21 7:5- I ;j J J � J r J� J J n�� J 1. , ,_ /' ..L1 l �✓ J �_ _ ( just don't get it;' said one long-nme [ocat. w nen airy QUILL non-prottt or commercial business iias :o raise monev, they raise it on their own. i just don? >e� `.�it�' t i� the ry > responsibility to bail those partners out. 'Nhen did the ��;tv of aspen become so socialist'' int It really irritates me:' (cons of the past have tailen before. 'Mere are only a few build- ings in town that are soil housing their onginai businesses. Count- less others have changed hands multiple times through the years. The Amen Wardv store at Hyman and Galena .vas once the aspen post office. then Toms \/tarket. Across the street. (:te City Bar & Grill was once a bank. Even on the block of Hookins .-venue where the Isis Sits idle. there have been numerous changes. even in the past few decades. Across from the movie theater. Sardy's and aspen Hardware sold light bulbs and hammers. Now. :hat buildings basement is home to the glitzy -ritzy Caribou C,ub. Down the street. :he Smuggler restau- rant and :aspen Mountaineering _gave way :o nium-end clothing and home furnishing stores. Zeie, the -or%e oar at Hopkins and Galena. used to be an ice rink ;n the minin_ days. and was home to Little Cliff's Bakery t<x Fears nefore its green ,:oncrete block building was razed. Still. there appears to be a strong *ee:ing against turning the movie theater — i.e. Something :hat can oe used by virtually every member of society — into Jewelry and sweater stores. '`It's too valuable to turn into high -end retail shops:' Poschman said. "But I don't necessarily feel that the responsibility for the Isis lies with the City of aspen. zither. I think :here's an opportunity here for some angels to become heroes. Now the time for another Walter Paepcke or another Fritz Benedict or (Joan and Irving] Har- ris [who led the campaign and contributed significantly to the con- struction of Harris Concert Hall] to come to the forefront:' And Poschn= feels that the Isis could become both a nonprof- it film and arts center and a viable commercial business. He noted that Steamboat and Telluride have recently opened Mate -of -the -art. satellite conference facilities. "What I see:' he continued "is either an individual or a group of people forming a consortium who want the Isis to not only remain a theater, but to become an overall community arts and con- ference center — and one that snakes economic sense. That means if it's more feasible to make a portion of the building a commercial conference center that could be rented out..hen we should look at that. Other areas could contain movie theaters. stages and a. cinema cafe. Conceivably, it could be a combination of commercial and public use. "I'm optimistic:' Poschman added. "it's important to keep that building as a theater. And just like those community ladies in 191 who transformed the Isis from a hardware store to a theater, it's time for the community to transform the Isis again." Currie Crick can he reached 11f Click"dsoprfs.tier. A "ISIS TOWN MEETING" AGENDA I. WELCOME, INTRODUCTIONS & PURPOSE OF MEETING IL HISTORY & BACKGROUND INFORMATION a. CITY'S PERSPECTIVE b. DEVELOPER'S PERSPECTIti'E 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 1. City Council Chambers, 5:00 p.m.) 7Lj THE CITY OF ASPEN PRESS RELEASE Contact: _inda —'3erden,ic,"i. Director of Community ReiationsiCommunications 910I920-5082 mail: iindageeci.asoen.co.us FOR IMMEDIATE RELEASE ISIS TOWN MEE T JNG - 1116i01 Aspen, Colorado — 8 JANUARY, 2001 - The community is 'Invited to a TOWN MEETING regarding the isis Theatre on Tuesday. January 16, from 6 to 8pm at the 1SIS 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 oast several weeks researching and (Con't) z 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 oe a large part of the solution to keep part or hopefully all of the Isis as a `heater, comments Sam Houston, Manager of Isis, L LC. he partnership began with the idea of saving the ',sis 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 LL C 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 Fiimfest. For questions, please tail 920-5082 W W n W O Z W W W .� > 7 U1 > > > v N J= > O J co m Q n ? C!l ? _ Z + u + I � CU'CU W n W W W W '� w w w �Q w co U- Z Z + w O O ¢ + O 3 Q U w O IZ a w J w W � U 0 17 I © I Q LiLLLij i --- Z O wQ U- UJ z W . W U �z w 1 1 Q W rM ± i � i I IJ u U W W Z 2 U h 5 w J Q z LU s- L J) LU 1 I LL UJ O Q co I -X— 0-,0-,bZ �l a ILn w 0 � � J n r-T- W ._ O W m w J 2 i ti 7 - -j L O co tj LU LLI ry J � J 6 z ti Ln G Dol rr wow �w on � W 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 Art 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 retrofit 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 art/performance space would have to be carefully considered. Retail such as a bookstore or coffee shop may be appropriate verses dry goods retail. M 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 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.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 potential development scenarios include the 'ollowing: Maintain all five theatres in theatremerformance use: This scenario .vouid not zhanae 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. Mixed Use - Maintain two theatres on ground level for 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 convened to 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 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 for theatre usage. SMALL GROUP VISIONING SESSIONS 1. Visioning of preferred usage and less desirable uses. 1 a. Other information needed 2. What do you see as !ogicai 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? Rif ' - w Ziele/Anmerkunger Goals/Notes Objectify/Notes S�-S Obiettivi/Note r- Objetos/Notas �— • w. •� �lG / C • • i Ziele/Anmerkungen .0 Goals/Notes Object it's/Notes Obiettivi/Note Objetos/Notas -it w° • A. 4 Ziele/Anmerkungen "oafs/Notes Objectifs/Notes Obiettivi/Note Objetos/Notas / Jivti (A) I� A <�T-1 IM-M L � ♦ ' i� NIBi I E R� � G 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: 1. 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. 26575.070 Use square footage limitations. Within the Commercial Core (CC), Commercial (C-1), and Service/CommerciaUIndustrial (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; 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 (?,seen 4M) 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 Q nting and publishina 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. 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 com- bination of more than one of the above uses; provided, however, ed above, of the same type which occur individually or jointly in asing a structure bor combinationofstructures 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 -steel, 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. 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: 1. 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. 26575.090 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; (Aspen 4.W) 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.f. 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. r 1 -� .ems/s In To: johnw@co.pitkin.co.us Subject: Isis Theater C of O lei Cc: juliew@co.pitkin.co.us John, Partial C of O was issued for the Commercial areas on Dec 17, 1999. Partial C of O was issued for 406 East Hopkins , Units C&D on Dec 29, 1999. (AH Units) Partial C of O was issued for 406 East Hopkins, Unit B on Jan 21, 2000 (Free Market 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> PLANNING & ZONING COMMISSION MARCH t , 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. 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. Hunt commented that if there 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 Staff s call. 161.1 WORIM0104M • 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 ADU 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 ADU'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 ADU'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. is 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 ADU study on the next P&Z agenda with new/additional information from Staff showing that the intent of the ADU program is being complied with. Seconded by Buettow. All in favor, motion carries. Michaelson responded that George Krawzoff did finish the ADU 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 AA 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: 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 area. Floor area will increase from 16,303 square feet to 16,416, an increase of 113 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 4" 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 reconfiguration of the lobby 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. _.;1: =Si �:'.klnc .-.../�,.8 • .�i.?r:. .. SIC'?C'.0 3 O� • ., _ .._„'COJ': • -� .a/r'iQ7fJ._"'�. A 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, VANSASSOCIATES ann. AICP SV Enffosure c:\bus\city.1tr\1tr28395.dm i VANN ASSOCIATES Planning Consuitants 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: 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 area. Floor area will increase from 16,303 square feet to 16,416, an increase of 113 Ac' 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 4' 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 reconfieuration of the lobby 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 past Hcokins Avenue • Aspen.. Colcracc 31611 • ?-: =ax 970/920-9310 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 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, VANNASSOCIATES AICP SV EntTosure c:\bus\ciry.ltH tr28395.dm 1 1—ky \ ko% eyt �1/`-C,& 1�/�'�� hti THE CITY OF ASPEN K14" PRESS RELEASE Contact: Linda Gerdenich, Director of Community Relations/Communications 970/920-5082 Email: Iindage(a)-ci.aspen.co.us FOR IMMEDIATE RELEASE ISIS TOWN MEETING - 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 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 IF% MEMORANDUM TO: Mayor Richards and City Council THRU : Steve Barwick, City Manager FROM: Julie Ann Woods, Community Development Director DATE December '?8, 2000 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 5, Mr. Clauson draws conclusions from the document review. On page 8, he outlines the various additional reviews that may be necessary if the theatre use is terminated and other uses take over the space. It is important to note that -anv substantial change to a condition or representation of an original development allotment shall constitute an amendment" to the development order. This would require a public hearing before both the Growth 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 SrA.N CLkLso-, Assoc►AFES, LLC Memo To- Julie Ann Woods, City of Aspen Community Development Director From: Stan Clauson, AICP. ASLA CC. John Worcester, City Attorney Date: 27-Dec-00 Re: Isis Theatre Approval Review Annotated Documents List HPC Approvals Planning • Urban Design Transportation Studies Project Management 200 EjiT 'AAIN STREET .OPEN, C.`.LJRADO 8 16 11 TELEPHO-:E: 970.925 2323 FAx: ) i 0.920.1628 E-mu[L. clauson(S)csl.corn The HPC approval record begins with a Conceptual Approval Public Hearing on 23 August 1995, carries through a number of worksessicns 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 concerned 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 0 Page 1 materials for the new portions. HPC member Sven Alstrom states: 1 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 PBZ." 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 Wrest 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 0 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 which would have eliminated the requirement for a cash -in lieu payment when `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 would be consistent with the current possibility of waiving the parking cash -in -lieu 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, which was approved by Council as Ordinance No. 45, Series of 1996. This change to the cede 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 foilowing 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. 0 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 when 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 ail affordable housing requirements were met because a theater uses inherently fewer 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. However, 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 :ode, 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 would require parking in the evening when more spaces were available in the Rio Grande Garage and when on -street parking needs were generally less severe. Thus the theater use was considered to be complementary to the downtown 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 lower level of employment projected for the Isis Theater is in fact correct. Any additional employee generation determined by the audit would require additional mitigation. The P&Z went on to say: "In addition, the approved employee 0 Page 4 calculation of five (5) employees is only applicable to the Isis project and any future uses will require a re-evaluation 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 -lieu 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 evening parking at the Rio Grande parkirg Garage„ [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 Preservation 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 0 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 speck 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 -lieu payments to be due and payable immediately. Conclusions relating to the GMQS Exemption and Planning 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 GMQS 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 0 Page 6 theater. In fact, the Commercial Core zoning provides for the widest variety of possible commercial uses, including retail. 4. Any such application would require a full review process, which 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 would 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 would be subject to current store size limitations in the Land Use Code. 6. Any exterior changes, including the removal of the "Isis" theater sign, would require review by the Historic Preservation Commission as required in the Land Use Code. Code Provisions Relating to an Amendment of 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 would convert a portion of the theater use to another commercial use, would constitute a "substantial change to a condition or representation of an original development allotment" as was 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 would then be required to file a new application for the proposed use. 4. In determining whether 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. 0 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 which might be applied to the various outcomes: 1. Closure as a theater, no new tenant: a. Payment of deferred open space cash -in -lieu 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 -lieu b. Application for amendment of development order or, if required, new full GMQS 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 GMQS 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 0 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 o Aspen, CO 81611 o (970) 925-7819 • fax (970) 925-7395 o Page 1 of 5 o 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.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. 201 N. Mill Street, Suite 108 o Aspen, CO 81611 o (970) 925-7819 • fax (970) 925-7395 oPage 2of5o M 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 roof -top, 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 --- -- 53680 — --- 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 o Aspen, CO 81611 o (970) 925-7819 • fax (970) 925-7395 oPage 3of5o W 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 S, 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 area/expansion potential. 201 N. Mill Street, Suite 108 o Aspen, CO 81611 o (970) 925-7819 • fax (970) 925-7395 oPage 4of5o 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/PUD). 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 PUD 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, PUD, 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 opposition. 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 PUD 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 o Aspen, CO 81611 o (970) 925-7819 • fax (970) 925-7395 oPage 5of5o 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 108 o Aspen, CO 81611 o (970) 925-7819 • fax (970) 925-7395 oPage 6of5o