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Home My WebLink Aboutresolution.council.082-07 RESOLUTION NO. 82, SERIES OF 2007 A RESOLUTION OF THE CITY COUNCIL AMENDING THE OCCUPANCY AND USE DEED RESTRICTION, AGREEMENT, AND COVENANT FOR A PORTION OF COMMERCIAL UNIT ONE OF THE ISIS THEATER BUILDING, 406 E. HOPKINS AVENUE, LOTS L, M, AND N, BLOCK 87, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO WHEREAS, the applicant, Isis Property Group, LLC, represented by Courtney Lord has requested an amendment the Occupancy and Use Deed Restriction, Agreement, and Covenant as recorded at reception no. 534579 to allow a restaurant to occupy a portion of Commercial Unit One of The Isis Theater Building, 406 E. Hopkins Avenue, Lots L, M, and N, Block 87, City and Townsite of Aspen, Pitkin County, Colorado; and, WHEREAS, the City Council may, at its sole discretion, amend the restaurant prohibition if the appropriate affordable housing mitigation is paid to the City of Aspen; and, WHEREAS, the Community Development Director, pursuant to Ordinance No.6, Series of 2007, may approve an amendment to the Growth Management Approvals for the Isis Theater Building regarding restaurants pursuant to the affordable housing mitigation requirements in effect at the time of application; 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: Section 1: Amendment to Occupancy and Use Restriction The City Council approves an amendment to the Occupancy and Use Deed Restriction, Agreement, and Covenant as recorded at reception no. 534579 to allow a restaurant to occupy approximately 700 to 800 square feet of Commercial Unit One of The Isis Theater Building, 406 E. Hopkins Avenue, Lots L, M, and N, Block 87, City and Townsite of Aspen, Pitkin County, Colorado, as depicted in Exhibit A. Section 2: Amendment to Growth Manal!ement Approval Restaurant use shall be and is hereby permitted as part of this approval as a use in approximately 700 to 800 square feet of Commercial Unit One of The Isis Theater Building, 406 E. Hopkins Avenue. 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: . 4.1 FTE per 1,000 square feet ofNLA restaurant space; Resolution No. 82, Series of2007 Page I of2 . 2.6 FTE per 1,000 square feet ofNLA non-restaurant space; . 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: The Applicant shall comply with all local and State liquor laws. Section 5: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in verbal or written documentation presented before the 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 6: 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 7: If any section, subsection, sentence, clause, phrase, or porti"on 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 8: 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. FINALLY, adopted, passed and approved on this Jjjq, day of 8~'t:'/ ,2007. Attest: Michael C. Ireland, Mayo Approved as to form: . //{/ha~ Citf Attorney Resolution No. 82, Series of 2007 Page 2 of2 Exhibit A: Map of Isis Retail Space. \ w\~ f.r..-~ ~ 10 awfA1 ~I\ ~. Arr'l.,w.~ '1to-lo eco ~. of. -to t:ae. "r61~"~ .{i.r WMe, t;lW. W- ~~,~'2tl--\I. t:l. ~~ it' tvi~ fM"i~. "r &~~'I~A ac;o ~t. W:r r--~~~ ~ J fih ivi~~ I I I ] J~, i I I __'0.-4-- I 'I l! - __1'1 ~ 1 ~ I ff'~I\ A ~. ~I\ 'e)' ~CoMwe.Uttl U~l\:- D/'L ..~.~ Iw. ' te. ~vJII;\\ ~ fttaCl A lMJ. ~l~.