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THE CITY OF ASPEN
ASPEN CITY COUNCIL
CONTINUED MEETING
MONDAY, APRIL 2, 2007
4:00 P.M.
I. Public Hearing and 2nd Reading
Ordinance #6, Series of 2007
P3
MEMORANDUM
TO:
Mayor Klanderud and Aspen City Council
<JPr~
Joyce Allgaier, Deputy Director of Community Development
Chris Bendon, Director ~W1
406 E. Hopkins Avenue, Isis Theater- Growth Management Review for Essential
Public Facility and Enlargement of a Historic Landmark, , Public Hearing on the
2nd Reading of Ordinance No.6, Series of 2007
FROM:
THRU:
RE:
DATE:
April 2, 2007
SUMMARY: The Isis Theater is being acquired in a private/public partnership between the City
of Aspen, the Isis Property Group, LLC, and Aspen FilmFest. This transaction will allow for the
continuation of the use of the Isis Theatre as a movie theatre; film, performance and public
presentation venue; and for other cultural, educational and entertainment uses. While the
primary use will be as a theatre, some physical changes will be made to the building that will
allow for the conversion of one of the upper floor theaters to become retail space, including
interior tenant finishing, reconfiguration of entry points into the building, and window changes.
(Although there have been discussions related to constructing an addition that would fill in the
courtyard "notch" that currently exists at the southeast corner of the property, that is currently off
the table.) Staff's Exhibit A evaluates the application, makes fmdings in favor of the
proposal and therefore, Staff recommends approval.
APPLICANT: Isis Property Group, LLC, represented by Haas Land Planning: Klein, Cote, and
Edwards; and Charles Cunniffe Architects.
PARCEL In: 2737-073-30-006, -011 and -012.
ADDRESS: 406 E. Hopkins Avenue, Lots L, M, and N, Block 87, City and Townsite of Aspen,
Pitkin County, Colorado.
ZONING: CC, Commercial Core.
PROCESS: The application before the City Council requests Growth Management approvals to
allow for space conversion and change in use for an Essential Public Facility and a Historic
Landmark. A public hearing on a minor development application is conducted by the Historic
Preservation Commission, (HPC), taking final action on the design, and a public hearing is also
conducted by the Planning and Zoning Commission (P&Z). P&Z must adopt a resolution that
forwards a recommendation to the City Council regarding the Growth Management requests. The
City Council conducts a public hearing adopting an ordinance, formalizing a final decision.
Isis Growth Management Staff Memorandum
Page 1 of 4
P4
Historic Preservation Commission Review Summary:
The HPC granted final approval to the project with conditions, primarily focusing their
review on the physical and detailed architectural changes to the building. The HPC also
granted a waiver of parking tinding that the additional parking requirement associated with
the conversion of a portion of the theatre to retail can not be met on site without detriment
to the historic integrity of the building. Additionally, the HPC found that the development is
in compliance with the City's Commercial Design Review Guidelines.
The HPC's recommendation strives to bring certain elements of the "old Isis" back to its historic
Victorian store front design. This photo above is post-1920's when the Isis first became a movie
theatre, after having been retail and residential. The application (Exhibit B) shows clear
renderings as to how the existing Isis frontage will be changed to the proposed elevations to
accommodate a partial change in its use.
Planning and Zoning Commission Recommendation:
On March 8, 2007, the P&Z conducted a public hearing and reviewed the GMQS
application. By a vote of 4-0, the P&Z recommended that the City Council approve the
application. Proposed Ordinance No.6, reflects the conditions of approval as recommended
bv the P&Z.
BACKGROUND: The City Council has entered into a Memorandum of Dnderstanding (MOD)
to solidify its goals and conditions of the new use with the other parties to the Isis Theatre
project. The key points of the MOD are included in the application on page 7. Of particular note
are those provisions that deal with maintaining at least four theatres; allowing only one theatre to
Isis Growth Management Staff Memorandum
Page 2 of 4
P5
be converted to retail; future use for movies, film events, performances, speeches and other
community educational/cultural opportunities; and the limitation on restaurant use.
The Isis Theatre has had numerous land use reviews and approvals over the years that bring it to
where it is today. This history is nicely outlined in the Application on pages 4-8, and
substantiates the various uses, previous parking waivers, employee mitigation and speaks to the
current undertaking through the MOD to deed restrict the Isis as a theatre. The subject property
is 9,027 square feet in size and the current Floor Area Ratio (FAR) is 1.8:1. The FAR is not
proposed to change with this application in that the proposed space changes are to internal "net
leaasble" space already contained within the outside walls of the structure.
The existing three story Isis Theater building includes roughly 770 seats among five movie
theaters. The standing approvals allow for approximately 16,420 square feet of floor area, of
which some 15,670 square feet is allowed for net leasable area. As built, the main/ground level
includes a two-story volume housing two movie theaters with stadium seating as well as stairs to
the level below, a lobby, a ticket sales area, a concession stand, fire exits, and an entryway with
stairs and an elevator providing access to all floors of the building. The lower level includes
three movie theaters, restrooms, lobby and concession stand. In addition, both levels have
mezzanine spaces used as projection rooms and mechanical and storage rooms. The third floor
includes one free market residence and two deed restricted three-bedroom units. These
residential units are not proposed for change with this application.
STAFF INFORMATION: Please see Exhibit A for discussion and findings. With the HPC's &
P&Z's review and approvals completed for the current application, the focus is now on Growth
Management by City Council. The request for Council will focus on the proposal for 1.861
square feet of additional net leasable area pursuant to the review criteria outlined and addressed
by Staff in Exhibit A.
The preferred tenant finish and interior layout has not been solidified by the Applicant (no tenant
is yet chosen), so the application uses, at Staff's suggestion, the largest floor area called the
"Single Tenant Scenario with a 2nd Floor" in the area of the western-most theatre. This is the
only area allowed in the MOD for conversion to retail. While the eventual development may
involve one of the other, lesser scenarios in the application, the "Single Tenant Scenario with a
2nd Floor" is used in response to the growth management standards to ensure that mitigation and
allotment requirements will be appropriately handled. The application goes through a lengthy
narrative of the calculation of the gross area and net leasable and rather than reiterate that
information, Staff confirms that the application appears to be accurate, with the exception of the
final fee amount in the application. The amount of the exact fee for employee mitigation is
determined at the time of building permit application using the fee schedule in place at that time.
The actual fee would be S 195,951.00 if assessed today.
Staff has included conditions of approval in the proposed ordinance that are key to ensuring that
the application meets the Growth Management standards. One condition is the inclusion of a
requirement to pay a fee in lieu for the mitigation of employees generated. Another is the
limitation on the property that a restaurant use is not allowed unless a new application were
Isis Growth Management Staff Memorandum
Page 3 of 4
P6
submitted in order to review and evaluate the use under the Growth Management provisions.
(Restaurants have a greater employee generation than retail, requiring increased mitigation.)
STAFF RECOMMENDATION: Approva1 with conditions.
RECOMMENDED MOTION: "I move to approve Ordinance No.6, Series of 2007, approving
the Gro\vth Management requests for an Essential Public Facility and Enlargement of a Historic
Landmark for Commercial D se and allowing an additional 1,861 of net leasable area for the Isis
Theatre Remodel, with conditions."
Exhibits:
A. Staff Review & Proposed Findings
B. Application-2 parts (Provided at I st Reading)
C. P&Z Minutes of March 8, 2007
D. HPC Minutes of Jan. 10 and Jan. 16,2007
Isis Growth Management Staff Memorandum
Page 4 of4
P7
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 Al"D 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 1 of5
P8
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 arid 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.l8-98 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 of2006.
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
P9
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"; however, any
future proposed conversion to a restaurant use shall be reviewed administratively 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 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 of5
P10
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 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 as provided by law, by the City
Council of the City of Aspen on the 12th day of March, 2007.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved on this 2nd day of April, 2007.
Attest:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
Isis GroMh Management Ordinance No.6, Series of2007
Page 4 of5
P11
Approved as to form:
John P. Worcester, City Attorney
Isis Growth Management Ordinance No.6, Series of 2007
Page 5 of5
P12
Exhibit A- Findings
Growth Management Review for Essential Public Facility
And
Enlargement of a Historic Landmark for Commercial Use
-<}
The development of an Essential Public Facility, Section 26.040(D)(3) upon a
recommendation from the Planning and Zoning Commission shall be approved, approved
with conditions, or denied by the City Council based on the following criteria:
a) The Community Development Director has determined the primary use and/or
structure to be an Essential Public Facility. (See definition.) Accessory uses
may also be part of an Essential Public Facility project.
Staff Finding: In his letter dated December 22, 2006, (attached), Chris Bendon,
Community Development Director finds that the Isis Theatre qualifies as an
essential public facility considering the ownership of the property being public
and then transferring to a non-profit organization; the purpose and use of the
property; and the restriction to additional development on the upper levels of the
building in order to preserve the historic resource. Staff finds that this criterion is
met.
Definition: Essential public facility. A facility which serves an essential
public purpose, is available for use by, or benefit of. the general public
and serves the needs of the community.
b) Sufficient growth management allotments are available to accommodate the
uses, pursuant to Section 26.470.030.C, Development Ceiling Levels and
Section 26.470.030.D, Annual Development Allotments.
Staff Finding; The Isis Theatre will utilize 1,861 square feet of available net
leasable area in accordance with the annual development commercial allotments.
A majority of the area being converted to retail will come from previously
allocated commercial area from the gro'W1h management "buckets". Staff finds
that this criterion is met.
e) The proposed development is cousistent with the Aspen Area Community Plan.
Staff Finding: The application before the Planning and Zoning Commission stems
from the coalescing of several community goals in one project confirmed by the
City Council through a memorandum of understanding (MOU) with two other
parties, the Isis Property Group and the Aspen FilmFest. The MOD allows for the
Isis Theatre to be deed restricted for theatre and other film, performance, public
presentations, artistic, educational, nonprofit and other community purposes. A
portion of the theatre is converted to retail space that would be "mid-level" retail
space. With the loss of Stage III Movie Theatre to a changed use, the community
leaders took the opportunity to keep Aspen's only other theatre in operation with
a creative partnership with the Aspen FilmFest, who was seeking a home and a
continued venue. The Isis has long been a social center of movies for all ages,
Exhibit A, Isis Growth Management, Page 1 of 4
P13
film events, comedy events, speeches and other public presentations. This project
is an effort to keep the Isis central to the accessibility by our residents and visitors
to these types of community amenities. In the Arts, Culture and Education
section, the AACP policies state, "Support the continued vibrancy of the arts in
our community", and "Support activities and education for youth". A goal in this
section leads to the public sector involvement, by stating, "Ensure the provision of
public facilities and services to sustain arts, cultures and education in the
community." This project brings the community closer to these goals and policies
through a partnership for a well-known historic building to keep its stature and
position as a community place for various types of entertainment and public
education.
A number of other goals are attained through the project in the areas of Historic
Preservation and Economic Sustainability.
d) A sufficient percentage of the employees expected to be generated by the project
are mitigated through the provision of affordable housing or cash-in-lieu thereof
in a manner acceptable to the City Council. The Employee Generation Rates
may be used as a guideline but each operation shall be analyzed for its unique
employee needs. The City Council may waive, or partially waive, affordable
housing mitigation requirements as is deemed appropriate and warranted for
the purpose of promoting civic uses and in consideration of broader community
goals.
Staff Finding: The Isis Theatre is expected to gain 1.55 Full Time Equivalent
employees (FTE) by virtue of the expansion of the internal building area being
converted to retail area from theatre related uses. The employee generation rate
for retail is 2.6 FTEs / 1000 sq. ft. of Net Leasable Area (NLA). The final
calculated employee generation number for the project is higher than what would
normally be generated based upon the language of the Land Use Code that allows
the applicant to take a 25% reduction in employee generation on upper floors. The
applicants are not taking this reduction. Based on 2007 employee mitigation fees
the fee due at the time of building permit would be $195,951. (With the second
floor discount, the fee would be $77,975.)
It is important to note that the applicants are willing to be restricted to commercial
uses without the allowance to use the space for a restaurant. Restaurants have a
much higher generation rate at 4.1 FTEs 11000 NLA, requiring a higher fee in
lieu. A condition in the resolution notes that, if, in the future a conversion of space
to restaurant use is proposed, the project would need to gain Growth Management
approvals pursuant to the code in place at that time.
The Employee Generation and Fees are as follows:
Total Employee Generation:
. I st floor retail conversion of 3,325 sf will result in 2,826 sf ofNLA (at 85% of
the commercial space will be NLA after netting out areas for storage,
circulation, bathrooms, etc.); @ 2.6 FTE /'I,OOOsf ofNLA = 2.6 x 2.826 =
7.348 FTE
Exhibit A, Isis Growth Management, Page 2 of 4
P14
. 2,400 sf of second level NLA @ 2.6 FTE / 1 OOOsf ofNLA = 2.6 x 2.4 = 6.24
FTE
. Total Generation = 7.348 + 6.24 = 13.588 employees generated
Total Mitigation Requirement: per section 26. 470.040(C)(I)
. First 4 FTE = 0 employee mitigation;
. Next 4 FTE is mitigated at 30% = (4 x .3) = 1.2 FTE to be mitigated;
. Remaining 5.588 FTEmitigated at 60% = 3.353 FTE to be mitigated;
. Total FTE to be mitigated = 1.2 + 3.35 = 4.55 FTE to be mitigated;
. Apply credit for 3 extra FTE already provided with housing = 4.55 - 3 = 1.55
. Category 4 housing in-lieu fee =
$124,307/ FTE = 1.55 x $126,420 = $195,951.00
S tuff finds this criterion to be met.
e) Free-Market residential floor area on the parcel is accompanied by affordable
housing units or mitigation pursuant to 26.470.040.C.6, unless otherwise
restricted in the zone district. The City Council may waive, partially waive, or
establish a different limitation as is deemed appropriate and warranted for the
purpose of promoting civic uses and in consideration of broader community
goals.
Staff Finding; No additional free-market housing (one exists in the building
today) is being proposed as part of this project, therefore, no mitigation is
necessary.
f) The project represents minimal additional demand on public infrastructure or
such additional demand is mitigated through improvements proposed as part of
the project. Public infrastructure includes, but is not limited to, water supply,
sewage treatment, energy and communication utilities, drainage control, fire and
police protection, solid waste disposal, parking, and road and transit services.
Staff Finding: The Isis Theatre relies on adequate infrastructure currently serving
the uses contained with the site. Any changes to utilities .serving the site, such as
additional water fixtures, etc. would need to pay appropriate fees for additional
services in accordance with the regulations governing such services.
~
Enlargement of a Historic Landmark (Section 26.470.040 (C) (I). The enlargement of
a historic landmark building for commercial, lodge, or mixed use development shall be
approved, approved with conditions, or denied by the City Council based on the
following criteria. Some of the criteria are the same as those under Essential Public
Facilities and staff discussions are not repeated.
a. Sufficient Growth Management - See b, above.
b. Consistency with the AACP - See c, above.
c. Employee Mitigation - See d, above.
d. Free Market Residence - See e, above.
Exhibit A, Isis Growth Management, Page 3 of 4
P15
e. All necessary approvals are obtained, pursuant to Section 26.415,
Development Involving the Inventory of Historic Sites and Structures.
Staff Finding: On January 16, 2007, the Historic Preservation Commission
granted Minor Historic Preservation approval to the Isis Remodel application
through Resolution No.2, Series of 2007, finding that it meets the Historic
Preservation Guidelines. Through this resolution the HPC also granted a waiver of
parking and finding of compliance with the Commercial Design Guidelines for a
commercial building.
d. Demand on Infrastructure - See f, above.
Exhibit A, Isis Growth Management, Page 4 of 4
. P16
,""
"-
December 21', 20M
Mitj;:h tlaas
E~ Land Planning
J~tPtp.C Profession,al Building
201 Nortfi Mill Street
Aspen,CO 81611
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A,rEN /l'lTKlf<
C::'..l~1:J:-<rr,y,Dl,vf.L0?S[s..,.;'O':!i11'A~IlW"
.Re: Isis Redevelopment
Dear Mitch:
Pursuant to our qngoing liiscussiol1s and the ;Wle,~lQ.f.'!tllium of Understanding eoncemmg
the redevelopl}lentoftIle Isj:;: Theater into a four,tliearer-opcration to be o\vned.b~ a,. .
public agencj; and deed restricted in ptlrpetuitj( lis li lheilter'Qr similarpilb1icly acc~ssJ~1li1:
use, it is the Community Developmejit'Depaitinefit'.!l'Q1ri{on, and my opinion as the'
Director, that thc proJ"CCt co~temprated in the . " as a E~sential Public
Facility. as the term is defined in the City's L:' indepC'!ldent ofwheth<;r t:l:!I:
"notch." as:the tennis used hi the MatI, iS1i1lft:;~ftl'ted~Velopm~nt application. A?:,~;it\;;
all elements t>{ tfte;ptojcct,' including then\tk.4 p"m,{Qhtifthll project; sl1aU be prcC:eS;5,!#,~
an Essential PutiHeFadlity. . .
W.e have cmne tel thi'~ 'conclusion afterrev~ngtl.~~Ic<finition o[Essential PubliC'
. faci}itylp the f:~d'UseCode; thereyie\v-eri~ria,app1icabfe to such facilities, and
considerinKtl,e pro,?isions of the MOUwhich contemplate public ownership (tlu:6~iA
, non-pro fit coiPoratioo), the' future transfer ilf:Qw~iJ,(lJ the th eaters to Asperi J:Um .
Fest - a non profit corporation. serving a j;J1iliiicJIl1tl;:ies.t, perpetual deed r<'strictioh~
theater orptib(ic',isc of the foun:cmaimng thc,atct'!m)tl!i;wrthiTI the bufliling, anijii4iVt4'l!~'
public ownership lriterest;ill:the affi:1I~dabieh9cUsm!fr'~\JIithln. tbe\')fll)eet, al1da,"
perpetual resttlctiPD"nguiI,stiil,iditio\lal dcvc)!J.,pmCJl.t'~'\'lWCJ:bds ofthc buildirlg,lillojj
wh.ich .~erv~llp\lrrlie ihte~st ~nd lhiJ~;'eed,s.l\fi:h~~nmiiiiity;. ,'.
Please contact me if'you any questiQns reg~ctl!")"g!);ie ~llentia1 Public Facility stJifu1i1\ii
this project.
Sincerely,
~W\.Wl..
Chris Bcndon, AIel>
Community Deve[opment Director
Cityof Aspen
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