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Home My WebLink Aboutminutes.apz.20070308 ,....".">'.,."'''__'''''''''''~'"'"''' . .M"''-''_~'_,,,,_,,~,~,"""-_,_,_,.+,, ..-...-_...""-'",,, ASPEN PLANNING & ZONING COMMISSION MEETING - MINUTES - MARCH 08. 2007 COMMENTS ............................................................................................................ 2 COOPER STREET PIER MOTION TO RECONSIDER........................................ 2 ISIS THEATRE GROWTH MANAGEMENT REVIEW....................................... 2 1 ASPEN PLANNING & ZONING COMMISSION MEETING - MINUTES _ MARCH 08. 2007 Ruth Kruger opened the special meeting of the planning and zoning commission at noon in Sister Cities. Members John Rowland, Steve Skadron, LJ Erspamer and Ruth Kruger were present. Dylan Johns, Liz Atkins, Brian Speck and David Guthrie were excused. Staff present were Jim True, Special Counsel; Jessica Garrow and Chris Bendon, Community Development; Jackie Lothian, Deputy City Clerk. COMMENTS Jessica Garrow said that she will give a presentation to HPC on the 14th relating the planning and zoning comments regarding the cabin and its location and ask HPC if they were interested in reconsidering their decision. CONTINUED PUBLIC HEARING: COOPER STREET PIER MOTION TO RECONSIDER Jessica Garrow eXplained that the applicant and staff were requesting a change in the continuance to March 20th because April 3rd was Passover. Ruth Kruger opened the Cooper Street Pier and requested a motion to reconsider. MOTION: Steve Skadron moved to reconsider Cooper Street Pier Hearing date; seconded by John Rowland. All infavor, APPROVED. MOTION: Steve Skadron moved to continue to Cooper Street Pier Hearing to March 20'h; seconded by U Erspamer. All infavor, APPROVED. CONTINUED PUBLIC HEARING: ISIS THEATRE GROWTH MANAGEMENT REVIEW Ruth Kruger opened the continued public hearing for the Isis Theatre Growth Management Review. Jim True reviewed the notice and postings and they were in order. Chris Bendon stated that it was a conversion of the upstairs western most theatre to retail so the building was currently a 5 theatre complex with 2 theatres on the ground floor and 3 theatres in the basement. Bendon said the entrance to the theatres would be through the side with the notch. The partnership project was between the City of Aspen, the Isis Property Group LLC and Aspen Filmfest; the City was in the process of purchasing the building through a complicated financing process. Aspen Filmfest will be responsible for the theatre side of the operation with an attendant to run the theatres and Filmfest will have a permanent home for their spring and fall film fests. The Isis Property Group will have the retail portion and run it for I or 2 retailers. Bendon said the project was considered an Essential Public Facility outlined in the application with a letter from Chris Bendon; there 2 ,-~.",-,'''----------'-~'''''--'''~'''~~~ ASPEN PLANNING & ZONING COMMISSION MEETING - MINUTES - MARCH 08. 2007 was clearly public ownership, a restriction on the public use of the 4 theatres, public ownership was proposed for the affordable housing units on the top floor that exist today and a restriction against additional development on the upper levels of the building. Bendon said P&Z was to make a recommendation to City Council on conversion of this western most theatre. Bendon said that the employee mitigation was for the theatres; they mitigated twice as much as was needed. Bendon stated that there was a partial request at the time of original development for retail and the over mitigation would be used for retail at this application. Bendon said at the time of building permit the 1.55 mitigation numbers would be checked; Section 4 the phrase for each of the residentiallli'lits should be stricken from the resolution. Staff recommended approval. Mitch Haas stated that they tried to explain that they did not know if there would be one or two tenants. Haas said they figured out what the scenarios would be with the mezzanine and without the mezzanine with one tenant and two tenants and requested the growth management allotment on the highest ofthose net leaseable square footage scenarios. Haas said the affordable housing units will go to public ownership from APCHA. Haas said that there was a request that the retail space not be used as restaurant use; should anyone in the future want to retrofit the space for a restaurant they would have to come back to the city for reevaluation of employee generation. Haas stated there were many physical requirements of a restaurant use. Haas noted that they have already been to HPC and they have approved different schemes for the facades for the retail front, one or two tenant scheme. The actual appearance of the outside of the building will change very little and the second floor will not change at all. Jeff Lester brought three proposed drawings of the architecture with the final result from HPC with the one tenant versus the two tenant scenario. LJ Erspamer asked if the indented area was being removed. Lester replied the right side of the building was the same in the future. Erspamer asked if the building was condominiumized. Haas replied that it will be re-condominiumized with an amended plat. Erspamer asked if there was an alternative for parking. Bendon replied there was a provision for historic land-marked buildings that HPC could waive or reduce the parking requirement when there was no physical 3 ASPEN PLANNING & ZONING COMMISSION MEETING - MINUTES - MARCH 08. 2007 parking. Bendon said that was a big discussion when the building was being redeveloped. Lester said that this was an internal change in the building for the first level fenestration; the outside building shell remains the same. Haas said the HPC approval was a minor development for the fa9ade changes, commercial design review and a waiver of the changes in the parking requirements. Steve Skadron asked if there was a negative impact on the Wheeler now that Filmfest would be part of the Isis. Kruger and Bendon replied that Filmfest used all of the theatre venues in town. Skadron asked if the Isis Group owned this space. Haas responded that at the end of 30 years the Isis Group will own the retail space and the Filmfest will own the theatres until then a non-profit body set up by the City will be the owner sub-leasing to these groups. Bendon noted that it could be as long as 30 years but as quick as 10 years. Skadron asked to whom revenues flow through during the 30 years. Bendon replied they flow through the city to pay off the bonds. Ruth Kruger asked why HPC wanted to move the door over. Lester replied HPC thought the eastern most bay had historic precedence for additional doors for other businesses and a more rational entry for the theatre lobby. Kruger asked ifby eliminating the restaurant use that it might limit the success of the space. Bendon replied that he did not like having individual approvals for each commercial space; there was the simplicity of creating commercial space that allows for everything that was in the land use code. Kruger said that she was not comfortable limiting the uses of a property. Kruger asked if it could be a staff review for the mitigation and use as a restaurant. John Rowland agreed with Ruth even though he said there was a serious challenge placing the mechanical equipment. Lester agreed that the mechanical would be a challenge. Erspamer said that he liked the expedited process. Skadron also agreed. The commission agreed on the essential public facility for this property. No public comments. MOTION: Steve Skadron moved to approve Resolution #5, series of 2007, recommending the City Council approve the Growth Management requests for an Essential Public Facility and enlargement of a Historic Landmark for Commercial Use allowing an additional 1,861 of net leasable area for the Isis Theatre; replacing Section 3 with housinz mitization reauirement shall be satisfied bv vavment of cash-in-lieu at the time ofbuildinz vermit avplication; amending Section 2 shall be reviewed administrativelv and Section 4 J/{;;r each ef the residential b/nits. Seconded by John Rowland. Roll call: Erspamer, yes; Rowland, yes; Skadron, yes; Kruger, yes. APPROVED 4-0. ~~uL 4