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Home My WebLink Aboutresolution.apz.005-07 _"'.......v,~,.,...,....".....~_'..-,.....".",',_",.. RESOLUTION NO.5, SERIES OF 2007 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THE CITY COUNCIL GRANT GROWTH MANAGEMENT APPROVAL PURSUANT TO SECTION 26.470.040 (C)(I) & (D)(3), ENLARGEMENT OF A HISTORIC LANDMARK AND ESSENTIAL PUBLIC FACILITY AND FOR AN EXPANSION AND CHANGE IN USE, ALLOWING RETAIL, FOR A PORTION OF THE ISIS THEATER, 406 E. HOPKINS AVENUE, LOTS L, M, AND N, BLOCK 87, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO PARCEL ID: 2737-073-30-006, -011 and -012 WHEREAS, the applicant, Isis Property Group, LLC, represented by Haas Land Planning, KIein, Cote, and Edwards; and Charles Cunniffe Architects, has requested approval for Growth Management in order to enlarge, partially remodel and change the use of a portion of The Isis Theater, 406 E. Hopkins Avenue, Lots L, M, and N, Block 87, City and Townsite of Aspen, Pitkin County, Colorado; and WHEREAS, the applicant submitted an application to the Community Development Department for a Minor Historic Preservation Development, Commercial Design Review and Parking Waiver specifically from the Historic Preservation Commission (HPC), and Growth Management Review for an Enlargement of a Historic Landmark and Essential Public Facility specifically from the Planning and Zoning Commission (P&Z); and WHEREAS, the application has identified that, due to the fact that no specific tenant has been identified and that tenants will change, the proposed space configuration within the building is not set but will change over time within the old "Theatre One" area (the western-most ground floor theatre); however the, application proposes to establish a total of 1,861 additional square feet of new net leasable area, for a total gross retail area of 5,725 sq. ft., with 5,226 sq. ft. allowable as net leasable area; and WHEREAS, the HPC through its Resolution No.2, Series of 2007, granted approval for a Minor Development Application for changes primarily to the doors and windows of the Isis Theatre building, approved a waiver of the parking requirements and fees associated with the additional commercial area, and approved the Commercial Design Review; and WHEREAS, the Community Development Director has found and decided in his letter of December 22, 2006, that the Isis Theatre qualifies as an Essential Public Facility, because of its ownership by a public entity with a future transfer to a non-profit corporation serving a public interest, perpetual deed restriction for a theatre or public use, and undivided public ownership interest in the affordable housing units and a perpetual restriction limiting additional development on upper levels of the building, all of which serve a public interest and the needs of the community; and Isis Growth Management Resolution No.5, Series of2007 Page 1 of4 ~._".,~,..-- WHEREAS, the application is considered exempt from Ordinance No. 19, Series of 2006 and Ordinance No. 51, Series of 2006, otherwise known as the "Moratorium Ordinances", because the project is considered an Essential Public Facility; and WHEREAS, the Isis has a long history of land use approvals that have allowed for various approvals, uses and dimensions for the building including the following: 1) Planning and Zoning Commission Resolution No. 36-95; 2) City Council Ordinance No. 58-95; 3) City Council Ordinance No 59-95; 4) A March 19, 1996 amendment to Resolution No. 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 No. 45-96; 6) Final approval by the HPC on March 12, 1997; 7) Council adoption of Resolution No.18-98 approving the deferral of payments in-lieu of open space for a five year period (such payment has been made); 8) A pair of minor HPC amendments to the final approval were approved on March 10, 1999 and September 8, 1999; 9) Growth Management Commission Resolution No. 2-01, approving a re-evaluation and exemption from the scoring and competition procedures of the GMQS for the conversion of the ground floor of the Isis building to retail use; and 10) MOU executed pursuant to City Council Resolution No. 99, Series of 2006. WHEREAS, the P&Z, according to Section 26.470.040 of the Land Use Code, must review the Growth Management application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the applicable criteria and the P&Z may recommend approval, disapproval, or approval with conditions; and WHEREAS, the Community Development Director, pursuant to his authority under Section 26.304.060(B)(1), finds that the Growth Management reviews for Enlargement of a Historic Landmark for Commercial Use and for an Essential Public Facility should be combined finding that the combination would eliminate or reduce duplication and ensure economy of time, expense and clarity; and final approval rests with the City Council; and WHEREAS, at a duly noticed public hearing on March 6, 2007, the Planning and Zoning Commission considered the application, considered the recommendation of the Community Development Director, conducted a public hearing and took public testimony, and at which time they found the application was consistent with the review standards and recommended approval to the City Council of the application, with conditions, by a vote of 4 to 0 (4-0). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Isis Growth Management Resolution No.5, Series of2007 Page 2 of4 -,"'---'~-""""'-"''-<''''''''--~-~'~''"'''''''-- Section 1: Enlan!ement of a Historic Landmark for Commercial Use and Essential Public Facility Growth Manal!ement Allotments The Planning and Zoning Commission hereby recommends City Council grant a Growth Management Allotment for an Enlargement to a Historic Landmark and for an Essential Public Facility finding that the project meets the applicable criteria. The Growth Management approval allows for an area of new gross leasable of 1,861 sq. ft. and a gross retail area of 5,725 sq. ft., with 5,226 of that area allowable as net leasable area, as such term is defined in the Land Use Code. Section 2: Limitation for Restaurant Use A restaurant use is not permitted as part of this approval as a use in the "retail area"; however, any future proposed conversion to a restaurant use shall be reviewed in accordance with the Land Use Code in place at the time of application, especially with regard to employee generation and mitigation. A cash in lieu payment shall be accepted. Section 3: Affordable Housinl! Mitil!ation Affordable housing mitigation requirements shall be satisfied by payment of a cash-in-lieu fee at the time of building permit application; the payment due shall be based on the actual amount of Net Leasable Area (NLA) provided for in the building permit application, and the following formula: . 2.6 FTE per 1,000 square feet ofNLA; . First 4 FTE = zero employee mitigation; . Next 4 FTE mitigated at 30%; . Remaining FTE mitigated at 60%; . Apply credit of three (3) FTE already housed; . Access cash-in-lieu fee based on Category 4 requirement in place at time of building permit application Section 4: Buildinl! Permit Application The building permit application shall include the following: I. A copy of the final Ordinance and P&Z Resolution. 2. The conditions of approval printed on the cover page of the building permit set. 3. Documentation of applicable approvals and permits for changes to the water and sanitation services (if any) due to the remodel. 4. A construction management plan pursuant to the requirements of the Community Development Department. 5. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. Section 5: Exterior Lil!htinl! Lighting shall be pursuant to the Historic Preservation Minor Development approval pursuant to Resolution No.2, Series of2007. Isis Growth Management Resolution No.5, Series of 2007 Page 3 of 4 ~ ',....~",_,'^",n'. Section 6: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 7: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 8: 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 thereof. Section 9: The City Clerk is directed, upon the adoption of this resolution, to record a copy in the office of the Pitkin County Clerk and Recorder. APPROVED BY THE COMMISSION at its regular meeting on the 6th day of March, 2007. Approved as to Form: Planning and Zoning Commission: "- - - ~~ 1 ~:.::-~-" James R. True, Special Counsel ATTEST: Isis Growth Management Resolution No.5, Series of2007 Page 4 of 4