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Home My WebLink Aboutordinance.council.006-07 11111111111I1111111111 ~:~~~~;; ~ \ :3\ JA~HCE K vas CAUDILL PITKIN COUNTY CO R 26.00 D 0.00 ORDINANCE NO.6, SERIES OF 2007 AN ORDINANCE OF THE CITY COUNCIL GRANTING GROWTH MANAGEMENT APPROVAL PURSUANT TO SECTION 26.470.040 (C)(l) & (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 In: 2737-073-30-006, -011 and-012 WHEREAS, the applicant, Isis Property Group, LLC, represented by Haas Land Planning, Klein, 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 both of these boards have reviewed and handled the applications in accordance with their purview; and WHEREAS, the HPC, through its Resolution No.2, Series of2007, 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 P&Z, through its Resolution No.5, Series of 2007, recommended that the City Council approve the Growth Management allotments for an Enlargement of a Historic Landmark and Essential Public Facility Minor Development Application allowing 1,861 sq. ft. of net leasable area; 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 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 Isis Growth Management Ordinance No.6, Series of 2007 Page I of 5 11111111111I1111 111111 ~~~~1:;~ ~ 1 : 31 JFlNICE K VQS CAUDILL PITKIN COUNTY CO R 26.00 0 0.00 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 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: I) 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 ofthe 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 City Council, 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 City Council 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, The Council finds that the applicable development review standards are met by the proposal, provided that the conditions established herein are complied with. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Isis Growth Management Ordinance No.6, Series of2007 Page 2 of5 11111111111I11111111 II ~:~~~~:;; ~ 1 : 31 JANICE K vas CAUDILL PITKIN COUNTY CO R 26.00 D 0.00 Section 1: Enlarl!:ement of a Historic Landmark for Commercial Use and Essential Public Facility Growth Manal!:ement Allotments The City Council grants 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" and any future proposed conversion to a restaurant use must gain approval by the Aspen City Council in accordance with the deed restriction recorded at Reception No. 534579, in the offices of the Pitkin County Clerk and Recorder. Such conversion, if approved by the City Council, may gain its Growth Management Review and approval administratively in accordance with the Land Use Code in place at the time of application. 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 issuance for the tenant finish of the retail space; the payment due shall be based on the actual amount of Net Leasable Area (NLA) provided for in the tenant finish 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: 1. 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. A construction management plan pursuant to the requirements of the Community Development Department. 4. 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. 20, Series of2007, and the City's lighting regulations. Isis Growth Management Ordinance No.6, Series of 2007 Page 3 of 5 ,~"--",,,",,,,-.,.-.~-_...---,,_.,,~...,. . 11111111111I1111 111111 ::~~~:;; ~ 1 : 31 Section 6: J.NICE K VOS COUDILL PITKIN COUNTY CO R 26.00 0 0.00 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 ordinance, to record a copy in the office of the Pitkin County Clerk and Recorder. Section 10: A public hearing on the ordinance shall be held on the 2nd day of April, 2007, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED Council of the City of Aspen on the Ith day of March, 2007. Attest: FINALLY, adopted, passed and approved on this 2nd day of April, 2007. Attest: Isis Growth Management Ordinance No.6, Series of 2007 Page 4 of5 Approved as to form: ~4 ,f?~Af~~ '~p \\forcester, City Attorney Jonnr. liIIW~llrIUI~II~ ~~1~~ :." JANICE K vas CAUDILL PITKIN COUNTY CO R 26.00 0 0.00 Isis Growth Management Ordinance No.6, Series of 2007 Page 5 of5