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HomeMy WebLinkAboutminutes.council.20070402 Continued Meetinl! Aspen City Council April 2. 2007 ~' Mayor Klanderud called the meeting to order at 4:05 p.m. with Councilmembers Torre, DeVilbiss, Tygre and Johnson present. ....... ORDINANCE #6. SERIES OF 2007 - Growth Management Review - Isis Theatre Change in Use Joyce Allgaier, community development department, told Council HPC reviewed the changes to the outside of this building and P&Z reviewed and recommended approval of a growth management approval for additional square footage of net leaseable area of 1,861 square feet. Council has been involved in preserving the Isis as a theatre and community space and has entered into a memorandum of understanding about the Isis. The current Isis has two theatres on the main floor and 3 theatres below grade. The change will be to eliminate the west theatre of main level and it will be converted to retail space. Ms. Allgaier noted the ceiling in the theatre is very high and a mezzanine space could be created. Ms. Allgaier said final details have not been completed so the proposal is for one floor of retail on the main level and one floor of retail on the mezzanine. The outside footprint will not change. _. HPC approved minor changes to the doors and windows in order to provide a separate access for the retail component. HPC granted a waiver of parking. There is currently no parking associated with the Isis. HPC granted final approval after their review. Ms. Allgaier reported P&Z found this to be an essential public facility on the recommendation of the community development director. P&Z also granted a growth management exemption as an essential public facility as well as approval for a historic landmark. Ms. Allgaier told Council this application meets the growth management criteria. The ordinance locks the applicants into mitigation requirements which allow the applicants to meet the criteria. Ms. Allgaier said the applicants need to mitigate for affordable housing. Ms. Allgaier noted restaurant use is not part ofthis approval and conversion to a restaurant will need to be reviewed and mitigated. Mayor Klanderud asked why enlargement of a historic landmark is necessary when the footprint of the building is not being increased. Ms. Allgaier said the net leasable square footage is increasing, which requires approval. Councilwoman Tygre asked if a restaurant were to be approved, did Council negotiate that cash-in-lieu would be the only mitigation. John Worcester, city attorney, said the deed restriction specifically prohibits a restaurant use unless approved by Council. Councilwoman Tygre asked why the ordinance states a cash-in-lieu payment shall be accepted if restaurants are not allowed. Chris Bendon, community development department, explained P&Z did not want to limit a future tenant's ability to open a restaurant and not to send restaurant users through an elaborate land use review so P&Z said they are okay with a restaurant subject to whatever mitigation the applicants would have to meet at that time. Bendon said there is a deed restriction with the city as owner of the property and there is growth management land use review which precludes a restaurant. P&Z said if this is reviewed in the future, it should be a simple administrative revIew. I Continued Meetinl! Aspen City Council April 2. 2007 ,,- ....... Worcester said if the applicants want to change to a restaurant use, they would have to get consent of Council because of the deed restriction and Council as an owner would decide whether they want a restaurant use or not. The applicants would also have to go through the land use process. Worcester said he could add language to that condition in the ordinance that would refer to the deed restriction on restaurants. "A restaurant use is not permitted as part ofthis approval as a use in the retail area; however, any future proposed conversion meeting the Council's approval in accordance with the deed restriction shall be reviewed for growth management administratively in accordance with the'land use code". This identifies there are two separate reviews. Councilwoman Tygre said she does not see how the cash-in-lieu payment should be part of the condition. Councilman Johnson agreed the language about a restaurant use is problematic. Councilman Johnson said cash-in-lieu shall be accepted should be stricken from the ordinance. Worcester noted this section makes it clear that this cannot be converted to restaurant use without review and approval. Councilman DeVilbiss said the ordinance should refer to the deed restriction and that restaurant use is not permitted. Councilman DeVilbiss stated he strongly objects to the language that "cash-in-lieu shall be accepted". That should be at the discretion of a future Council. Worcester suggested Council delete reference to cash-in-lieu and to adopt the language suggested by Ms. Allgaier. "-- John Olson, representing the applicant, said there is no place to build employee housing on-site which is why the cash-in-lieu choice is in the ordinance. Phil Holstein, applicant, said this is a historic building with no possibility of adding affordable housing. Charles Cunniffe, architect, said the plans identify where a mezzanine could occur and this would be part of a tenant finish. Olson told Council they have a short construction window in order to have the lobby finished and the theatres back open for the summer season. Olson said to date they do not have a retail tenant. Holstein said in the affordable housing mitigation, the applicants do not know whether there will be a mezzanine or not. The applicants are trying to find tenants that do not want a mezzanine. The applicants would like to pay the mitigation on what is built and if there is a mezzanine in the future, then pay the mitigation on the current calculations. Holstein requested the fee-in-lieu be locked in because this is a fixed price project with fixed price rent. Mayor Klanderud opened the public hearing. Laura Thielen, Aspen Film, thanked Council, staff and the Isis property group for the opportunity for the town. Toni Kronberg said development proposals do not give enough square footage for affordable housing. Mayor Klanderud closed the public hearing. .,.P"'" Councilman DeVilbiss said even if affordable housing cannot be built on site, it does not mean the applicants should not be required to build it. Bendon suggested the cash-in-lieu amount could be locked in for a period of time. Holstein said there are costs not anticipated by the applicants. The applicants would agree to lock in for a limited period - 2 Continued Meetinl! Aspen City Council April 2. 2007 ,~. of time. Councilman Torre stated he is not in favor oflocking in any prices as all developers deal with this issue. Councilman Torre said this deal has been under scrutiny from the public to make sure the result is in the public benefit. ....... Councilman DeVilbiss moved to go into executive session at 4:40 p.m. pursuant to C.R.S. 24-6-402(4) (a) the purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest that Council will be discussing a contractual obligation with the applicant; seconded by Councilman Johnson. All in favor, with the exception of Mayor Klanderud. Motion carried. Councilman DeVilbiss to come out of executive session at 5: 10 p.m.; seconded by Councilman Torre. All in favor, motion carried. Councilman Johnson moved to adopt Ordinance #6, Series of2007, amending it to add Allgaier's suggested language; seconded by Councilman DeVilbiss. Councilwoman Tygre requested that Isis theatre renovation March 5, 2007 interior layout main level be entered into the record as what is being approved. Roll call vote; Councilmembers Torre, yes; Tygre, yes; DeVilbiss, yes; Johnson, yes; Mayor Klanderud, yes. Motion carried. Councilman Torre moved to adjourn at 5:20 p.m.; seconded by Councilman Johnson. All in favor, motion carried. """ 3