HomeMy WebLinkAboutcoa.agmc.res.002-01 RESOLUTION OF THE ASPEN/PITKIN COUNTY GROWTH MANAGEMENT
COMMISSION APPROVING A RE~EVALUATiON mD EXEMPTION FROM
THE SCORING AND COMPETITION PROCEDURES OF THE GROWTH
MANAGEMENT QUOTA SYSTEM FOR THE CONVERSION OF THE
GROUND FLOOR OF THE ISIS BUILDING TO RETAIL USE, 408 EAST
HOPKINS AVENUE, LOTS L, M, AND N, BLOCK 87, CITY AND TOWNSITE
OF ASPEN.
Parcel No. 2737.073.30.006
Resolution No. 2
Series of 2001
WHEREAS, the Community Development Department received an application
from Isis, LLC, for a re-evaluation of employee housing mitigation, as required under
Planning and Zoning Commission Resolution 36, Series of 1995, to convert a portion or
all of the ground floor of the Isis Building to retail use; and,
WHEREAS, the current five-screen theater is proposed to be convened to either
a four-screen theater with approximately 3,000 net leasable square feet or a three-screen
theater with approximately 6,000 net leasable square feet; and,
WHEREAS, the subject parcel is located at 408 East Hopkins Avenue and is also
referred to as 406 East Hopkins Avenue; and,
WHEREAS, pursuant to Sections 26.304 and 26.470.070(D)(3)(b) of the City of
Aspen Land Use Code, land use applications requesting an exemption from the scoring
and competition procedures of growth management for expansions of Historic Landmark
buildings increasing both Floor Area and net leasable square footage may be approved by
the Aspen/Pitkin County Growth Management Commission at a duty noticed public
hearing after considering recommendations by the Community Development Director,
and members of the general public} and,
WHEREAS, during a duly noticed public hearing on July 17, 2001, the
AsperdPitkin County Growth Management Commission considered the recommendation
of the Community Development Director, the recommendation of the AsperffPitkin
County Housing Authority Board of Directors, and testimony offered by the general
public, and approved, by a six to four (6-4) vote, the re-evaluation for mitigation purposes
and conversion of the ground floor of the Isis building to retail use, subject to the
conditions of approval listed herein.
NOW, THEREFORE BE IT RESOLVED by the AsperffPitkin County Growth
Management Commission that the re-evaluation for mitigation purposes and conversion
of the ground floor of the Isis Building is hereby exempted from the scoring and
competition procedures of the Growth Management Quota System, subject to the
following conditions of approval:
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10/31/2001 09:22~
1. The Isis Building retail conversion was represented by the applicant to consist of
either a four-screen theater and up to 3,000 net leasable square feet of retail space
or a three-screen theater and up to 6,000 net leasable square feet of retail space.
The actual number of theater screens and net leasable square footage shall be
submitted for further review by the Growth Management Commission. The
employee housing mitigation requirement shall be subject to further review by the
Growth Management Commission according to a proposed use and floor plan
describing the intended business. A mitigation credit of three employees shall be
applied to the new retail use. Substantial variation from the represented scenarios
will require a re-evaluation of the Growth Management Exemption for employee
generation and mitigation purposes. Maintaining the five-screen theater shall not
require any further review. "Retail use" shall allow for the uses within the
Commercial Core Zone District, as amended from time to time, some of which
require conditional use approval.
2. Prior to issuance of a building permit for the Isis retail conversion, the applicant
shall provide employee housing mitigation as determined by the Growth
Management Commission in a subsequent review, pursuant to condition #1, by
either providing the necessary off-site housing units, providing the equivalent
cash-in lieu payment, or a combination thereof. Any off-site employee housing
mitigation shall be deed restricted to Category 3 price and income requirements
and be approved by the AsperffPitkin County Housing Authority. Cash-in-lieu
payment amount shall be based upon Category 3 employee mitigation
f"~, . requirements. The AsperffPitkin County Housing Guidelines in effect Within the
City of Aspen at the time of Building Permit application shall be used to
determine the required price restrictions and/or cash-in-lieu payment.
3. The applicant shall provide an employee audit to the Aspen Community
Development Department for the theater use after two years of reopening the
theater operation. The HOUsing Authority shall review the audit for accuracy.
The purpose of the audit shall be to determine if the five full-time equivalent
employee assumption for theater employee generation employees was justified
and if further employee mitigation is necessary. If the audit determines more than
five full-time equivalent theater employees, a re-evaluation by the Growth
Management Commission shall be required to determine further required
employee mitigation according to the then current requirements and standards for
employee mitigation.
4. The applicant shall provide an employee audit to the Aspen Community
Development Department for the retail use two years after a certificate of
occupancy is issued. The Housing Authority shall review the audit for accuracy.
The purpose of the audit shall be to determine if the employee mitigation required
by the Growth Management Commission was justified and if further emPloyee
mitigation is necessary. If the audit determines a higher rate of retail employees,
further employee mitigation shall be required at the then current standard.
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5. The project shall conform with all other apPlicable development regulations
including, but not limited to, the Uniform Building Code, use square footage
(store size) limitations, open space regulations, and all representations and
decisions concerning the project not specifically amended herein.
6. Before application for a Building Permit, the applicant shall record this Growth
Management Commission Resolution with the Pitkin County Clerk and Recorder
located in the Courthouse Plaza Building. There is a per page recordation fee. In
the alternative, the applicant may pay this fee to the City Clerk who will record the
resolution.
APPROVED by the Aspen/Pitkin County Growth Management Commission at its
regular meeting on July 17, 2001.
APPROVED AS TO FORM: ASPEN/PITI{IN COUNTY GROWTH
MANAGEMENT COMMISSION:
f~ City'Attorney Jasmine Tygre, Chair (,/ ~ --
ATTEST:
a~kie Lothian, Deputy City Clerk