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HomeMy WebLinkAboutcoa.lu.ca.Aspen Ski Co.A035-99 ~. r\ .. . i". . .: :....1.". ., ..... '"~~Rci.it lD:ln a ...' '.ii~:rE:Rcv~:It.7.9",..#;c~~ili~~'T :CAs.e~OJ!.~?35:~9R ~~SE,.~'~E~ A~pcn 51(, ..~ co-p~ny Li=lId U&~ ~;Ode "\~!:"''=h~cn:5 .' , "".P~NR:'I ,.' , ". Pri:~:A~,~~;jr.,. : C~SE.!~!'::lc:::o Am.n".~"~t . ST~P~J ' . \ \ .... ':ADR r.o R::>x ':;l.g :" :'.~~SIZ: A~pen COBlf~12 ADR" ')0;';' c::: ~'---''''I ~ .... ClS/Z f""'~" CO .,......, . F. ...~. . .....,:,... .....,;" ," , . . ',:' . \......,: ;;J .... . FEES R~~D'4 . PHN:! ~H'~j92~.~j5B '.. S!~T:'J~ ' ',' FEES.. DUE~ I.lEF.~~R\"tSl~O\JNTV Rm.RRAL : ':'" . ' . REF~ ',' ," _.' . t . , Du~:l ';1 .. :1 . .' ' . ". . \ . MTG'DATE'. ET~I I rl ~YI NOTIcED ". ., i .' .': .."' DATE' OF.~'IN,A.I;;ACmFO'N: , " 'CITV COUNCll,_ " PZ: BOA:, DRAC; , :'. ADMIN: r/D (:'(~~l-<"',J'~; ~('UIl,J.'f REMARKllI Cll?SED:1 !i/Z'~:'''': BY:l.'! , l'!-;AT S~:BMITD: 1 ' L--;' ,,'ch p~ T (BK.PG)~I \ ~~I9yAlo O/YJ~~ ~ -to ~--~ ~ r-. ,,-..,, ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5090 FAX (970) 920-5439 MEMORANDUM TO: City Planning FROM: Lance Clarke, Community Development Department RE: Aspen Skiing Company Land Use Code Amendments P18-99 DATE: April 6, 1999 Attached for your review and comments is an application submitted by Aspen Skiing Company. The Pitkin County Planning & Zoning Commission will review this application. Please return your comments to me no later than April 27, 1999. Thank you. ~. ("\ .~ ... Davis HomIne;. ,.. PLANNING & REAL ESTATE CONSULTING February 16, 1999 Lance Clarke AICP Aspen pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: AF-SKI Land Use Code Amendments Dear Lance: Attached to this letter are the proposed AF-SKI Land Use Code amendments. The primary purpose of the proposed Code amendments is to correct inconsistencies in the Land Use Code. For example section 3-40-100 B. identifies "affordable housing including, but not limited to single-family, duplex and multi family housing" as the only "allowed use" in the AF-SKI zone district, while Section 3-40-100 prohibits "duplex dwelling units, employee dwelling units and single family dwelling units." The amendment proposes resolving this problem by entirely deleting the existing listing of Allowed Uses, Special Review Uses and Prohibited uses from the AF- SKI zone. Likewise, the AF-SKI zone would be deleted from the Use Table, Section 3-50.60. The AF-SKI Zone was never included in Section 3-50.50, Area and Bulk Requirements. The Code amendment proposes that uses and dimensional requirements in the AF-SKI zone district be established in the Master Plan. The General Guide to uses and AF-SKI standards are to be used to establish the listing of uses and the dimensional requirements. The following is a list of attachments included with this letter. 1. New Code Section 3-40-100; 2. New Code section 3-230; 3. New Code section 5-140; ALICE DAVIS, A1CP I GLENN HORN, AICP 215 SOUTH MONARCH S1 . SUITE 104 . ASPEN, COLORADO 81611 . 970/925.6587. FAX: 970/925.5180 r--,. ~ . Lance Clarke AICP February 16, 1999 Page 2 4. Letter from Bill Kane Authorizing Glenn Horn to submit AF-SKI Code amendments; and 5. Fee Agreement. Please contact me if I can answer any questions. Thank you. Sincerely, DAVIS HORN INCORPORATED ~~.co AF-SKI !"""'\ (\ , .mACHMENT \ 3-40-100 AF-SKI Agricultural/Forestry/Ski A. Intent: The AF-SKI, Agricultural/Forestry Ski district is intended to provide locations for ski areas and the orderly and efficient planning and review of ski areas. The AF-SKI designation should be applied to lands which are used for downhill and cross-country skiing and a variety of other uses permitted or approved by a Federal or similar public agency, such as grazing, hunting, and passive recreational uses. Development activity on such lands shall be contingent upon the adoption of a master plan. The AF-SKI designation should be applied only to ski areas which are consistent with the Land Use Code policy for Development or Expansion of Ski Areas (Refer to Section 2-50). B. AlIenea Yoes I The fel1auifHjJ Haae are alleueel aD af ri~'E i8 'ERe l..~rieul1:.uFal/Fereatr~iJ/S]ti (llF ~KI) Zens DiDt.E'ie~. 1. Afferelal91c IIeuai}l~, iROl1::lsiBrjJ Sl;1:t Bat limit.ed 'Ee, cilllJle family I 6t:1131eu, alia Ift'tilt.i fal'f\il~f heasiPlrjJ. C.. E:Bce~al Re"..~eu Uace: The felleuiFlrjJ a8es are SliSj ee't te cI3ee~o.l re.l~e~:: 1. Aeeeasary BHileliRrjJS aRa Uoec 2. Lgrieult.ure C'taRaa 3 .. 1..1~ine 01e1 Areas aRE! S1:1:ppert 4. }~aemeRt aRa Entert.aiameR'E Ea~aBlicftmCRt.o s.. Caretalrcr D'i.w"clliREJ UBi t.a g.. Cemeteries 7 .. CRl:irea.ea 8.. Clus IIe1:iscs er Reereat.ienal BailEiiFUjO Uses in ea}u~eatie:a Ui'tlR ana aeec6Dery t.e a permit:tcd eateleer rcereat.ienal ~se 9. Csmmcreial Alit.smesilc rarltiRfJ Lets 10. Csmmereial Cam~iRfJ Areas 11. CeHU'Rcreial Firc\leea C191it:.tiRlJ, C'teralJe uRa Caleo 12. Csmmcreial KeRnels aRa ~eterinary CliRiea 13. Cemmcreial RiaiR~ Ctaslca 14. CslRlftURity Health Faeilitics 1 ,.. 15. H. 17. 18. 19. 29. 21- 22. 23. 24. ~ ,~ Bay Sare Senters FiHaRsial IRa~i~a~ieRe Calf Caurse.s Cl:leet. Ranehes I.e,giRg Uiaoral Enplerat.iaRt'UiBiBg' CeReret.e Ba'Esh rlaRt.a lJarsie E]ti !'J.reae eftS Sl:l~per't Faeili'ties Gffieee Out:aaer Reereat.ieRal Yeas rerc8Bal ECr\.ioc Outlets: Feea at.arcs, arag stares, pest: affiee sl:lsotat.ieB, self ze~.iee la~Rarie.s, ary elcaniag eut.lets aRa li~er ztereOI pre.iaea t:hat., iR the B 2 e6BC aist.riet, Be ilUiii;iaaal ase shall eueeea 19, eee sEf'olare feet: in tot.alfleer area, t.he. 'Eat.al spaee. ahall so limit.ed te 88 s~are fee't af ~reao leasaBle spaee pcr ~:elling unit. iR the aistriet. 25. rrefessienal Offieco 26. Radia Transmitting ctatien 27. Rcstal:lraRts aRa Bars 28. Gat.e.llit.e Reee~tien B&:ieco 29. Cehaels/Uni.....ersit.ies 30. Ee.i."afJe Disp6so1 1l.re.as/Lanafillo/Wat.cr rlantc 31. Yzaz, ho~ivit.ieo ana Faeilities rormittca BY EfJ6sial Uoo rcrmit Isaaca BY Fcacral AfJcneico. 32. Water Creasing ana Di~eraian D. rrehi19iteEi Bsee, Thc felleuin~ liaes are ]?reaisi'tea iB the ]..CJrielil'tural/Feres'try/E]ci CAP CKI) ZeRe Diotriet. 1. AirfJsr't 2. Darmi 'ta:ry IIeb1.sin~ 3. Dupleu: D\J~llinr:J URits 2 r---.. ,.-" t.. Empleyee l),;elliRtJ YRito 5. E~i~meR~ Ga~~liea aRaeeR~rae~ieR sr Sl::lsesnt.raet.isR 6. Essential CS7srRmeRt aRa FaBlis utilit.y YDca, Faeilitiea aRa ~er~ieee 7. Ceneral Ge~-iees B. lIesflitala 9 .. 3"1:1.8][ Yarae 18. rteelieal" De:atal Clinies 11. Uesile lIames 12. Het.els, IIstels, Leages 13.. UtiI ti Yamil}" D'4y"el1ing 'ETRita 1 i.. l:ll::lrSiR'j, CSM"aleseeRl1, Rest., Ret.ircment. I1ameo 15. rlaeea fer Ret.aifliR~ af Casas (st.rl::let.l:1.res ana basiflc6acs liB\i~ca 1:5 12,990 square feet. af fleer area per suildiR9) 16.. Uafll:lfaet1:lrca. Usmc 17. Rezcarch Faoilit.ies, inaeero 18. Rezeareh Faeilities, O~aer 19. ReBert Casino 29. Eingle Family Due.l1ifttj uflit,s 21. TilReshariR~'Frae~iaRal Fcca 22. Uscznet Listed 23. ~ehieleaRa Aireraft CaleD aRa Eer:iec E. Uaot:~r rlaF! Uoeeu The felleuiRfJ uses are Jlentlit.t.ea. as 1.i6CD alleucei Jll;lrSl:1aRt. te 'the Uaster rlaF! iF! thE: AfJric1:l1 t.1.iral/Fercot.ry/Clri CAP CKI) ZeF!O District. 1. l.i.llJiRC Clti Areas S. ~l:1ll.f3ert: Faeilit.ies 2. NarEiie Clci Areas S. E:l:1Jlpert: Facilit.ies 3 !""'. !""'. B. Listing of Uses: The outcome of the master plan review process will be a detailed listing of uses and activities which are allowed all year or during the t:raditional ski season, uses and act:ivities requiring further review prior to their implementat:1on, and others which are prohibited. sect:1on 3-230 of the Code establishes the applicability of the AF-SIa Master Plan, general standards and standards for listing of uses. The applicant and the Board shall utilize the general standards and standards for listing of uses in addition to the general guide to listing of uses (see section 3-40-100. D. below) to establish the AF-SIa Master Plan listing of uses. FT C. Dimensional Reauirements: The dimensional requirements permitted in the Agricultural/Forestry/Ski (AF-SKI) Zone District are established by the Master Plan. ~ D. General Guide to Listina of Uses in AF-SKI Master Plan: The eli'tesmc af. t.he mast.er pIeR re":iClI presaGe lw.ill sa a det.ailea lifl'tling af uaes aRa aet.i7ities l.~iea are alls'tw"ea all year er elliripuJ t.he traelt tiaRal a]e1 SeageR, l:lses ana aet.! i;i t.iea relJUirillfjJ fartherrcviC'irw. prier t.a t.aeir ilRfllemcFl'ta'tisn, ana others l.~ieh arc prehieit.ea. As a guide 1;.8 ~Be iFlt.eat. sf t.he AF eKI BeRe t.his scat.teR eeR~aiRs a lis~iFlg af lises fer t.he AF CKI seRe. This section contains a listing of uses for the AF-SIa zone which is intended to be used as a representative guide for AF-SIa master plans. The final approved listing of uses will be established in the Master Plan land use review process based upon site specific considerations. 1. Uses Allowed All Year The uses which are anticipated to be allowed all year may inel~ael are typically associated with year round recreational use of the ski area and may include: a. outdoor recreational uses and facilities set in natural environmental conditions, including but not limited to, ski racing and organized group events, playgrounds and outdoor environmental education areas, clubhouses or recreation buildings (when used in conjunction with outdoor recreational uses); b. communication transmission sites; c. Ski lifts - construction of new lifts; d. Water lines, compressed air lines, and other such utilities required for the operation of man-made snow-making machinery; 4 r-. 0 e. Vehicle and equipment maintenance and storage shops; f. Hunting, fishing and grazing; aM g. Affordable Hhousing for the employees of the ski area and its support servicesT: h. Hiking and biking: 1. Day care schools and children' s nurseries: j. Res~auran~s including indoor and ou~door eating and drinking es~ablishmen~s: k. Offices: 1. Places for re~ailing of goods and: m. Parking. 2. Uses Allowed during the Traditional Ski Season The uses anticipated to be allowed during the traditional winter ski season may include the fOllowing uses provided such uses are in direct support of and of a scope necessary for the ski area operation: a. Day care schools and children's nurseries; b. Ski schools; c. Restaurants including indoor and outdoor eating and drinking establishments; d. Offices; e. Places for the retailing of goods; f. Automobile parking lots and garages; g. Personal service outlets including ski repair shops; h. Public restrooms; i. Ski lifts-operation of existing lifts; j. Ski trails; k. Accessory buildings including, but not limited to, ski patrol stations, warming 5 3-40-100 ,-.., ~ huts, indoor recreational facilities (including video games, table games and movie houses containing less than twenty-five [25] seats; 1. Ticket sales areas; afld m. Accessory uses to ski area operations not otherwise specifically identified: and n. Parking. 2. Uses Requiring Further Review a. Site-specific snow-making proposals; b. High-explosive storage caches; c. Overnight e~ess eeaR~F). alpine, nordic, hiking or biking accommodations including huts and dormitories; d. Uses not otherwise listed as allowed or prohibited; and e. Uses proposing development or the conduct of Activities of Local and State Interest. 3. Prohibited Uses: a. Retail, office, restaurant or other commercial activities which are not operating directly in support of the operation of the sl,i area recreational area; b. All dwelling or lodging uses (other than e~e55 eeaR~ry alpine, nordic, hiking or biking huts and ~leyee fteasiR~ affordable housing); and c. All other activities not directly in support of and compatible with the operation of the aId a~ea recreational area. Seasonal approvals or prohibitions and specific time constraints of certain uses may be appropriate (Ord. 95-6 SS 10 (part), 1995; prior code SS 3-410). 6 1"".. ~A1TJDlMEHT 0.. section 3-230 AF-SKI MASTER PLANS AND MAJOR AMENDMENTS (Ord. 95-3 (part), 1995: PC 3-22) Subsections: 3-230-010 Applicability 3-230-020 General Standards 3-230-030 Standards for Listing of Uses 3-230-040 Standards for Mineral Exploration, Mining or Uses and Activities not Under the Control of Ski Area Operator 3-230-010 Applicability. An approved master plan is required for any development in the AF-SKI zone to occur. The master plan shall comprehensively address all existing facilities and all proposed future development within land zoned AF-SKI. Major amendments to a master plan shall be reviewed for compliance with these standards pursuant to Section 4-60.70. Refer to Section 4.60.70 for review procedures and Section 5-140 for submission contents. Minor amendments to AF-SKI master plans may be permitted subject to compliance with the standards in section 3-200.80. (Ord. 95-3 (part), 1995: prior code S 3-2201) 3-230-020 General Standards AF-SKI master plans shall comply with the standards in this section. A. The master plan shall be prepared in the standardized format as shown in A!'l!'lel'lail! A seotion 5-140. The community Development Direotor may approve modifioations to the standardized format provided that the Plan inoludes the oontent identified in Seotion 5-140.020. B. The time frame of the master plan shall be no less than five (5) years, nor more than ten (10) years. C. Activities that have substantial impact on County or City capital facilities, such as increases in the daily ski area capacity, shall be identified. D. If there is any substantial variance between a proposed activity and actual construction thereof, the proposed activity will be subject to further review pursuant to the.special review procedures in Section 4-60 of the Code. E. Unless the Growth Management Quota System, by its terms, is inapplicable to the proposed development, or unless a growth management exemption is obtained at the master plan review stage, a growth management allotment is required for any development to 1 ~ r>, occur. Lifi replacement:s whic:b do not: increase ski area capacit:y and 1:he demolit:ion and replacement: of exist:inq st:ruct:ures are upgrades whic:b t:ypically qualify for Growth Mana91llent: Quot:a Syst:em exempt:ions. F. Area and bulk requirements in the AF-SKI zone district shall be as set forth in the master plan. C. '!IRe aeiEJh't af priaeipal \iS6S aaa BuilelilllJS ahall Rat. susses 1luent.y eight. (28) fee.t., 1;'lflless 'ERe mas-eer plaR ahal1 86lRSaat.rate 'that the. Has SF 13ailtiiRg' eaR118'k f\illet.ien :preperly ~i'EhiR said limi~at.iefl SF aRIses et.her lJ8SS plaRRiRg parpesea ha~e seeR aemsast.ratea. (Ora. 95 3 (part), 1995: prier eeele S 3 2292) 3-230-030 Standards for Listing of Uses The outcome of the master plan review process shall be a detailed listing of activities and uses which are allowed all year, activities and uses which are allowed during the traditional winter ski season, activities and uses which are allowed by further review, and activities and uses which are prohibited. This section establishes standards for the listing of uses. A. Activities and Uses which are Allowed All Year: Those uses and/or activities which are typically associated with the year-round recreational use of the mountain and have little or no environmental and service related impacts. . B. Activities and Uses which are Allowed During the Traditional winter Ski Season: Those uses and/or activities which provide basic support services for skiers and ski area operations and have little or no environmental and service-related impacts. C. Activities and Uses which are Allowed By Further Review: Those uses and/or activities which support the operation of the ski area and have significant environmental and service-related impacts which can be mitigated, including uses and/or activities which are found by the united States Forest Service to increase the overall capacity of the recreation area. The further review category shall also include uses and/or activities for which an applicant cannot supply or has not supplied sufficient detail, at the master plan stage to enable the county to approve D. Activities and Uses which are Prohibited: Those uses and/or activities that are not directly in support of the operation of the ~ recreat:ional area and/or those which ,have significant unmitigatable service or environmental impacts and which have been specifically prohibited at the master plan review stage. (Ord. 95-3 (part), 1995: prior, code s 3-2203) 3-230-040 Standards for Mineral Exploration, Mining or Uses and Activities not Under the Control of Ski Area Operator 2 r--. 1""'\ A. Mineral Exploration and mining shall be subject only to the procedures of Section 4-60.40, submission contents of section 5-130 and standards of section 3-250. B. If the right to the use of property located within the boundaries of the AF-SKI zone district comes under the control of a person other than the proponent of a master plan required under this section, and where such person is unsuccessful after reasonable efforts in securing approval with the master plan review process, such person may apply for review and approval of such proposed development as if the property were located in the AFR-10 zone district, and in accordance with the procedures, submission contents and standards applicable thereto. (Ord. 95-3 (part), 1995: prior code ~ 3-22). 3-230 3 r-\ r"""',. A"I'TMHMENT .3 5-140 AF-SKI MASTER PLAN AND MAJOR AMENDMENTS, DEVELOPMENT IN TIlE PUBLIC ZONE AND PUB (PUBLIC) MASTER PLANS AND MAJOR AMENDMENTS (Prior code S 5-14) 5-140.10 General A land development application for an AF-SKI Master Plan, PUB (Public) Master Plan or major amendments to approved plans shall include the minimum submission contents for all land development applications listed below. AF-SKI Master Plans and PUB (Public) Master Plans or major amendments shall contain a written report explaining how an application complies with the applicable review standards in Sections 3-230 and 3-240 in addition to the submission contents identified in this section of the Code. Refer to Section 4-60 for the applicable review procedures. A. General: All development applications shall include, at a minimum, the information and materials specified in this section of the Code. During the pre-application conference, the Planning Office staff may authorize modifications to the required submission contents. B. Applicant's Background Information: A letter signed by the applicant containing the applicant's name, address and telephone number, or if applicable, the name, address and telephone number of the representative authorized to act on behalf of the applicant. C. Parcel Description: The street address, and current legal description of the parcel on which the development is proposed to occur and a 83;" x 11" vicinity map locating the sUbject property within Pitkin County. D. Disclosure and Proof of Ownership: A disclosure of ownership of the parcel on which the development is proposed to occur, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgages, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application. This shall normally require proof of complete ownership or written consent from all owners. The staff may also request the applicant to supply a title history for the subject property and contiguous property demonstrating the chain of rifle. E. Legal Access:, Sufficient information to demonstrate that the applicant has adequate legal access to the parcel for the development proposal. 1 ,,",,,, ~ F. Standards Report: A written report demonstrating that the proposed development complies with the applicable substantive review standards. G. Pre-Application Conference Summary Sheet: A copy of the pre-application conference summary sheet provided to the applicant at the pre-application conference. H. site Utilization Maps: Twenty-four 24" x ,36" and two 8- 1/2" X 11" site utilization maps specified by the staff during the pre-application conference. During the pre-application conference, the Planning Office may authorize an applicant to consolidate or delete specific maps which may not be applicable to a particular development proposal. The 24" x 36" site utilization maps must be folded to fit within a legal sized folder with the name of the application visible. Rolled site plans will not be accepted. I. Copies of Application: Twenty-four (24) application copies. (Prior code ~ 5-1401) 5-140.020 Master Plan Format and Content An AF-SKI Master Plan shall be prepared using the format in this section. The Community Devleopment Director mllY approve modifications to the format provided that ~he content of the Master Plan must include the items described in this sectionTT hetfcver, eAdditional information may be included at the applicant's discretion or may be required by Pitkin County. A. Table of Contents B. vicinity map and reduced base map. Vicinity map will show relationship of area to other ski. areas in Pitkin County Area. Indicate skiers-at-one-time (SAOT) for the other ski areas. C. Master Plan Narrative 1. Description of the proposed development in summary form, by phases. a. General 1) Description of existing and proposed facilities a) Public service and maintenance buildings b) Employee housing c) Trails d) Lifts e) Parking areas f) Lifts and terminal structures 2 . ,1""\ ~ . g) Areas covered by snowmaking 2.} circulation conflicts identified 3) Architectural theme established 5) Grading and drainage needs determined 6) Establish Total Potential Capacity SAOT a. Base area capacity b. Lifts capacity c. Ski terrain capacity d. Major support facilities capacity 7) Support Facilities a. utility lines and locations b. Construction access roads 2. conducted to development. . History of development or feasibility studies date. Include use statistics and chronology of 3. statement of goals and objectives 4. A summary of key issues and concerns relative to the winter sports site and its future growth a. Area description and analysis. 1) Total acreage involved and use restrictions. 2) Slope analysis, net skiable terrain by skier a],ill slass ability level. 3) Relationship between private land, National Forest land, and other Federal and State lands. 4) Reports on utilities, water supply and power. 5) Soil studies. 6) Visual management plan. 7) Effects of project on transportation systems, bedroom facilities and adjacent communities. 8) Vegetation types. 3 . t"". .,-." , . 9) Identification of potential avalanche paths. 10) Other existing uses. 11) Constraints on development, water quality, cultural resources, threatened and endangered wildlife species, etc. 12) Identification of area and bulk requirements for proposed structures and buildings. b. Graphics Section 1) Scale should not be less than one inch equals five hundred feet (1"=500') with twenty foot (20') contours. 2) The Base Map shall include locations for: * Lifts * Runs * Roads * Buildings * utility Lines * Other existing development 3) Development phasing (Prior code s 5- 1402) 5-140 -4 1"""\ ",\ 1""'\[ ATTACHMENT y ASPEN SKIING COMPANY February 9, 1999 Lance Clarke Community Development Department Pitkin County 130 S, Galena Street Aspen, CO 81611 Dear Lance, This letter authorizes Glenn Horn to submit the attached proposed AF-SKI code amendments on behalf of Aspen Skiing Company. Please contact Glenn directly if you have any questions pertaining to the AF-SKI code amendments. Sincerely, ,:];/" ,/ - / ~'d/ ~tt(i;)Z~~J William G. Kane Vice President, Planning and Development Encl. Post Office Box 1248 . Aspen, CO 81612-1248 Telephone 970.925.1220 , . . . - .1""1 ~ ATTACIIIENT .S' ASPENIPITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment ofeitJcin Coun(y ~opment Application &= PITKIN COUNTY (hereinafter COUNTY) and j\ ::'f~ S, .~~ ~\ . '~ Co~ "'..... "'-1 (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. . APPLICANT has submitted to COUNTY an application for Lo...""'..Au..')~' c.oc\.-"~-c.i-c\J...~~r.,,",',.-:;o 1\1=- ~k-::s:::. - ". -.- - -,~.~.- .- - -. ",. - (hereinafter, TIrE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Resolution No. 96-52 establishes a fee strUcture for Planning applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. 'APPLICANT and COUNTY agree that because of the size, nanu-e or scope of the 'proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and COUNTY further agree that it is in the interest of the parties to all APPLICA.~'T to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. ' . COUNTY agrees it will be benefiied through the greater certainty of recovering its full costs to process APPLICANT's application. 4. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. ! (""'., I~, , 5. Therefore. APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior toa detennination of application completeness. APPLICANT shall pay an initial deposit in the amount of $ which is for _ hours of Planning staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to COLJ'NTY to reimburse the COUNTY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. " ,I J-,' , -, (' ;'n? 0!.-..~-,,-- Cindy Houben Community Development Director ~(~ , I I, I , I \ , Qt~\S ~\LfY PITKIN COlJNTY Signature Dme: r~?V~~Y \G lq~9 Mailing Address: I'ffiN ~~\V~G-- c::oMW\NY , KJ BD~ /Z4g AsttN I Co Stb\2- 2