HomeMy WebLinkAboutcoa.lu.tu.110 E Hallam St.A007-00
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CASE NUMBER
PARCEL ID.#
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
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A007 -00
2737-073-13801
Comedy Festival Temporary Use Permit
110 E, Hallam
Nick Lelack
Temporary Use Permit
Joe Lang
2/9/00
Approved by JAW
2/9/00
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Aspen/Pitkin
Community
Development
Department
1305, Galena 51.
Aspen CO 81611
(970) 920-5090
(970) 920-5439, fax
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MEMORANDUM
TO:
Julie Ann Woods, Community Development Director
Joyce Ohlson, Community Development Deputy Directo~
Nick Lelack, City Planner ~
U,S, 2000 Comedy Arts Festival Temporary Use Permit
Parcel I.D, No, 2737-073-13-801
February 9, 2000
THRU:
FROM:
RE:
DATE:
ApPLICANT: U.s, 2000 Comedy Arts Festival, represented by Joe Lang
LOCATION: Red Brick Arts & Recreation Center (gymnasium)
ZONING: Public/PUD
SUMMARY:
The U,S, 2000 Comedy Arts Festival (Applicant), represented by Joe Lang, is
requesting approval for a temporary use permit for the U,S, 2000 Comedy
Arts Festival at the Red Brick Arts & Recreation Center gymnasium, The
Festival is scheduled for Wednesday, February 9, 2000 through Saturday,
February 12. Over 70 performances are scheduled for venues throughout the
City, This application is specifically for the use of the Red Brick Arts &
Recreation Center; and, the proposed schedule for this venue is as follows:
Satur ay, February 2
1
Date
The Applicant is encouraging walking and public transportation in its press
and publicity, and providing 2-4 shuttles from the St. Regis to the Red Brick
venue,
RECOMMENDATION:
Community Development Staff recommends approval of the temporary use for
the U,S, 2000 Comedy Festival provided that the City of Aspen ordinances are
obeyed and the proper right-of-way and encroachment permits are obtained, with
conditions,
BACKGROUND:
The U,S, Comedy Arts Festival is an annual event in the City of Aspen, After the
1999 Festival, the Applicant explored options for larger venues to accommodate
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larger audiences, The Applicant reached an agreement with the City Recreation
Department Director, Tim Anderson, and John Bakken of Silver City Gymnastics
to use the facility's gymnasimn for this event. Part of this agreement includes the
Applicant making a contribution to the gymnastics club, and paying for the club's
"down time," as well as a fee to the City for use of the facility, Kathryn Koch,
City Clerk, Russell Grance, Building Department Deputy Director, and Ed Van
Walravan, Aspen Fire Marshal, have all approved the venue floor plan,
REVIEW CRITERIA & STAFF FINDINGS:
26.450.030 Criteria applicable to all temporary uses.
When considering a development application for a temporary use or an
insubstantial temporary use, the Community Development Director or City
Council shall consider, among other pertinent factors, the following criteria as
they, or any of them, relate thereto:
A. The location, size, design, operating characteristics, and visual
impacts of the proposed use.
Staff Finding
This application proposes to use the Red Brick Arts & Recreation Center for an
arts related use, The gymnasimn can accommodate the audience the Applicant is
seeking to attract. Visual impacts of the proposed use should be minimal because
the festival will be held for a limited duration inside the facility,
The operating characteristics are a mixed bag, Press and publicity of the event
encourages walking and the use of public transportation to the venue, However,
Tim Ware, Director of Parking Control, has concerns and has received complaints
about some operating characteristics, His specific concerns are as follows:
1, The City has received complaints from neighbors that the idling ordinance is
not being complied with. This ordinance limits idling to five (5) minutes and
must be complied with by all vehicles at all times,
2, The Applicant must request the use of parking spaces a minimmn of 72 hours
prior to the date of use,
3, The Applicant has absolutely no authority to tow or to have vehicles towed
without the presence of a City of Aspen officer.
4, The Applicant must obtain right-of-way and/or encroachment permits to use
these public spaces for any use other than day storage of vehicles, The
Applicant must obtain these permits from the City Engineer,
B. The compatibility of the proposed temporary use with the character,
density and use of structures and uses in the immediate vicinity.
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Staff Finding
The proposed temporary use is in character with the site, a former school campus
and existing Red Brick Arts & Recreation Center, particularly because the event
will be held inside the facility, The gymnasium can accommodate the audience
the Applicant is seeking to attract. The immediate vicinity includes moderate-
density residential housing and the Yellow Brick School and its associated uses,
This criterion has been addressed,
C. The impacts of the proposed temporary use on pedestrian and
vehicular traffic and traffic patterns, municipal services, noise
levels, and neighborhood character.
Staff Finding
The impact of the temporary use on traffic and traffic patterns, municipal services,
noise levels, and neighborhood character will be minimal because of the limited
duration of the activities on site, However, as stated above, Tim Ware, Director
of Parking Control, has received complaints from neighbors that City ordinances
are not being complied with and the required permits have not been obtained for
public right-of-way and. encroachment activities, These ordinances must be
complied with and the proper permits obtained,
D. The duration of the proposed temporary use and whether a
temporary use has previously been approved for the structure,
parcel, property or location as proposed in the application.
Staff Finding
This particular use has not been approved previously for this structure, parcel or
property, The use will occur for only a few hours each day for three days, Again,
the duration of this use for this structure and property is acceptable so long as the
operating characteristics meet City ordinances and the proper pel1I\its have been
obtained,
E. The purposes and intent of the zone district in which the temporary
use is proposed.
Staff Finding
The Public Zone District allows arts, cultural, and recreational activities,
buildings and uses. Therefore, this use is allowed in the zone district.
F. The relation of the temporary use to conditions and character
changes which may have occurred in the area and zone district in
which the use is proposed.
Staff Finding
The temporary use is allowed in the zone district and, therefore, directly related to
the conditions and character changes which have occurred in the area and zone
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district in which the D,S, 2000 Comedy Festival venue will take place, This
criterion is addressed,
G. How the proposed temporary use will enhance or diminish the
general public health, safety or welfare.
Staff Finding
The nature of the event, arts - comedy,. and limited duration of the use will
enhance the general public health, safety, and welfare,
RECOMMENDATION:
Staff recommends approval of the temporaliY use for the D,S, 2000 Comedy
Festival provided that the City of Aspen ordinances are obeyed and the proper
right-of-way and encroachment pennits are obtained, with the following
copdition:
1, All material representations made by the applicant in this application shall be
adhered to and shall be considered conditions of approval, unless otherwise
amended by an entity having authority to do so,
EXHIBITS:
Exhibit "A" - Application
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unity Development Director
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Telephone: (970) 7 312' Fax: (970) 704.9313
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MEMORANDUM
TO:
Julie Ann Woods
City of Aspen
Joe Lang Pc:..
January 25;2-000
Temporary Use Permit -
Red Brick Gymnasium
2000 USCAF
FR:
DT:
RE:
Thank you for your assistance with this. I wanted to take the time to layout
the course of events for your records. The 2000 U.S. Comedy Arts Festival is
Wed. February 9th through Sat. February 12th with over 70 performance in
venues throughout Aspen, After the 1999 Festival, we wanted to explore
options for larger venues (in hopes of accommodating a larger local
audience). We started talks with Tim Anderson (City) and John Bakken
(Silver City Gymnastics) about utilizing the Red Brick Gymnasium space
(June 1999). We reached an agreement, with the USCAF making a donation
to the gymnastics club and paying for their down time, as well as paying a City
usage fee. I then went to Kathryn Koch to review, and to Russell Grance
(City) and Ed Van Walraven (Fire) for approval on the venue floorplan
(9/30/99).
The following are other items that I would like to submit with this
"Temporary Use Permit" for the Red Brick Gymnasium:
1. Performance Schedule - (It's light so it's works to all of our benefit.)
-Wed. 2/9 No performance
-Thurs. 2/10 (1) performance @ 4-5:30 pm Barry Levinson
- Fri, 2/11 (2) performance @ 4-5:30 pm Smother Bros.
7-8:30 pm Nichols & May
-Sat. 2/12 (1) performance @ 9-10:30 pm API Star Award
2. Iransportatiml- We are encouraging walking and public
transportation in our press and publicity, so I don't anticipate much
vehicular traffic. Also, we will provide 2-4 shuttles to run from the St.
Regis to the venue. Since it is only 3 blocks to the Hotel Jerome (one of
our venues), we would like to put out (4) "arrow signs" with "Red
Brick Arts & Recreation Center" along the route.
3. Marq1lee Doorway Tents - As we have done through your office the
past two years with the C-Bldg (St. Regis) (not using for '00), we would
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Page Two
1/26/00
Temp. Use Permit
3. Marquee Doorway-Ients - (continued)
like to use a 9'x10' tent at the back door of the gymnasium, and a 15'x20'
at the front entrance. The purpose of the tented entrances would be to
have an area where our ticket takers could be (for hours) without
standing in the cold,
The tented entrances do not inhibit traffic (walk-way) since there is
still 20+' to the street.
We wouid like to put up the tented ~ntrances'on Tues. 2/8 with a strike
on Sun, 2/13.
Lastly, we would like to hang a 4'x4' USCAF logo only banner (no
sponsors) over the entrances for show times to help identify the space
and entrance for attendees.
4. Short Term Lease Agreement - Cit~ of Aspen - I have attached the
current City of Aspen contract that was generated through Tim
Anderson (Recreation Dept.), I will make sure that a signed/ executed
copy is forwarded to your office for your records.
Please let me know if there is any other information that you need me to
provide, Call me anytime at 704-9312 (Carbondale) if you have any questions
or concerns. We look forward to another successful Festival Thanks again,
f
01/01/1994 04:30
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970-9.478
1'"'1
ASPEN RECREATION' I i
PAGE 01
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SHORr TERM LEASE AGREEMENT FOR
USE AND OCCUPANCY OF THE CITY OF ASPEN FACILITY
THIS LEASE AGREEMENT was entered into on ,lan~qry 4. 2000
by and between the City of Aspen, a municipal home rule city,' referred 10 as lessor, and
/IBJ1. referred TO as lessee,
In consideration (lfthe mutual covenants contained in this agreement, the parties
agree as follows:
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I DescripTion of Premises, Lessor leases to lessee and lessee does hereby
rent and take as lessee the following City of Aspenfacility under the terms and conditions
of this lease agreement: Red Brick Gvmnafium to inclp.de. stage area and locker rooms.
ll/lpro:r:imat"(v 10;000 sll. ft. Q/space". .......',..." .' ... .,_.. ,., "_.
2, Ingress and Egress, Lessee shall have the right of ingress and egress illlo
the above reftrenced City facility and the following appurtenant areas within the facility,
but acquires no oTher right in any (Jther part of Ihe building Ihan the paris specified:
GJ'mniuium area to lncludf!! tlu~ f;J./l9~ and l(Jcker room areas~
Apl1roximate!v 10.000 Sq. ft. of 011(" ~na"".
3, Purpose, Lessee represents thai the above-described premises are being
rented for the purpose set forth below and for no Olher purpose whatsoever without the
written consent of lessor endorsed on this lease agreemenr:
4, Term, The term oflhis lease agreement shall begin at!i;J!!l (J'dock d",m,
an MondlfJl. February 7.1fl!JIl and terminate at 1..1.;.5.2. o'clock P,m, on Sund/lv,
Februao< 13, lfl!Jfl unless otherwise changed in writing.
5, Quiet El1loyment, Lessor agrees ro permit lessee, upon faithfUl
performance of the terms and covenants of this lease agreement, to peaceably and quietly
have, hold, and enjoy use of the demised premises for the purpose andfor the term stated
above,
6, Furnishing of Serl,ices, Lessor shall fUrnish the following:
. Gymnasium, Stage area (climbing wall) rest rrJOmllocker roomjllci/ities.
Approximately 10,000 sq. ft. of space.
Seating shall be 'arran
les '(ii' uS,h/lows:
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01/01/1994 04:30
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970-9c 478
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ASPEN RECREATION
PAGE 02
. Pet fire ll1IIl buJ1dlng (lode requirements.
Lessee agrees t() furnish the following:
. AU labor, materials, and costs associated with set up and talu down. GymlUlSium shaY be
returned to original set up and state as prior to lease, retz.ooruzbll! wear ll1IIl tI!(JJ' acqtl!d.
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7. Rent, Lessee shall pay to lessor, at lessor's office for the U$e of the demised
premises and facilih"es the sum of UJJ!J!l at least l!2 days prior to the commencement of the
terms of this lease, Lessee shall pay to lessor on demand any sum that may be due tQ lessor fQr
add/tioMl services. accommodatiQns, or mtJterials furnished Qr IQaned by lessQr tQ lessee,
. ..Lesseeshall.permitlessor, i"-erMeaf l{tssee'sfailwf<tQpay @!1Y_si<<i!.t$~!1'I~,lfJta"e from any box
o[fk:e receipts or any other advance receipts belQnging to lessee a sufficient amount to decure
lessor against loss.
8, Surrender of Premises, Lessee shall quit and surrender the demised premises and
all equipment contained on and in the demised premises to lessor at the end of the term of this
lease agreement in the same condition as at the date of the commencement of this lease
agreement, ordinlJry use and wear excepted,
9, Rules and Regulations. Lessee shall abide by and conform tQ all rules and
regulatwns from time to time adopted or prescribed by lessor for the government and
,.,,,,magemeflt of the facilities,
10, Employees of Lessee. Technicians, stagehands. coaches. assistants, and other
personnel, if employed by lessee, are employees of lessee, and lessee is responsible for payment
of workers' compensation, unemployment insurance, social security, and withholding taxes in
connection with all such employees,
11. Compliance with lAw. Lessee shall comply with all laws of the United States and
Qf the State of ColoradQ, all ordinances of the City of Aspen, and all rules, regulations and
requirements of the police and fire departments or other municipal authorities of the City of
Aspen. Lessee will not do or suffer to be dene anything on the demised premises during the term
of this lease agreemellr in violatiQn of any such laws. Qrdmanees, rules or requirements, 11 the
atteMQlI of lessor is called to tmy such violatiQlI on the pan of lessee Qr Qf any person employed
by or admitted to the demised premises by lessee, lessee will immediately desistfrom and correct
Qr Cause to be corrected such violatiQn,
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01/01/1994 04:30
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970-9L. /478
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ASPEN RECREATION
PAGE 03
12. Intoxicating Liquors. Le.'see will nOI cause or allow beer. wine. or liquors
(?lany kind 10 be sold. given awCl}', or used upon Ihe demised premises exceplupon Ihe
express wrillen consent of lessor.
13. Defacemenl. Lessee shall nol injure, nor mar, nor in any manner d~fClce
Ihe demised premises or any equipment contained in or 011 the demised premi.\'es. and
shall not cctuse or permit anything to be done whereby the demised premises or equip-
ment in or on the demised premises shall be in any manner in.;ured, marred or defi(ced
Lessee will nOI drive Or permit 10 be driven nails, hooks, tacks or screws into any part 'if
the building or equipmenl CO/'llained in the building and will /'lot make or ,,/low 10 h~
made any alterations of any kind to Ihe building or equipment contained in the building.
J4: Damage to Premises.
a. If the demised premises, Or allY part of the building on the demised
premises, or any equipment located on Ihe demised premises during Ihe term o.fthis l~a.ve
agreement shall be damaged by Ihe aCI, default, or negligence of lessee, or oflessee's
agents. employees, patrons. guests. or any person admitled 10 Ihe demised premises by
les.'ee, lessee will pay to lessor- upon demaru-l such sum as shall be necessary f(J restore
the demised premises or equipment contained in 0, on the demised premises to their
present condition.
b. Lessee assumes fit/I responsibiliry for the character, acts. and
conduclof all persons admifled to the demised premises by Ihe consent o.flessee or by or
with consent of any person actingfor or on behalf of lessee. Lessee agrees to have on
h,md at all times. at lessee's own expense. such police andfireforce as is determined
necessary by the Aspen chiefof police 10 maintain order and 10 prolect persons and
property. .
J 5. Loss of Equipment. All equipment enlrusted to the wre 'illessee or on the
demised premises during the term of this leClse Clgreement which shall become losl, slolen.
(If' disappear shall be the sole responsibility of lessee. Lessee shall be f'esponsiMe to pay
full replacement costs to lessor.
16. Advertisements. Lessee willllot post or exhibil or allow to be posted or
'exhibited signs. advertisements. shol1,'-hill.., lithographs. posters. Or cards olany
de,fcription inside or infronl or on any parr of the building !!xc:epl upon the regular
hillhmn-ds provided by l~ssor Iher~fi>r. and will use, post. or exhibit only such sign.<,
",h'e"lisemcnls, ."how-bills. lithographs. poslers. or cards upon rh~ 'wilding os relol~d 10
th~ performance 01' exhibition to he given In the demised premise.\', "ndfi),' sllch p<1rlod (it
lime "s df/signtJtrtd by lessor. Lessee shall lake do.wn cmd remollt! al! si!(n.\'.
adverlisement.,', .fhow-hills, lithographs. posters. or eards olcm)' d~scriplioYl o1;ected II!
hy le.I'sl)/'.
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970-9~ 1478
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01/01/1994 04:30
ASPEN RECREATION
PAGE 04
17. Audience. Lessee shall not admil to the demised premises a larger numher
afpersons than the seating capaciry thereof will accommodate Or that can safely or.fr~ely
move ahout the demisedpremis~s. The decision ofthefaciliry manager (!fles.\'or in fhi.\'
respect .'halJ be final.
18, Lost Property Lessor sha/l have sole righlto co/l~ct and have CU.'IOdy of
arlides l~ft, lost, Or ch~cked in the building hy persons atrending any pecfimnance,
~:xhihition, or entertainment given or held in the demised premises. Lessee or any per.wm
in lessee 's ~mploy ;'hall not collect or interfere wilh the collection or cuslody of such
articles.
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19, Sales on Premises. Lessor reserves, and at all times shall have, Ih~ sole
right -10 sell 'Or give away-refreshments, beverages; candies;semdwiches,' and other
merchandise, and to rent and se/l opera glasses, and other articles, 10 conduct
checkrooms, to control programs and to supervise the contents Ihereo.f. 10 take
pholographs, to control and supervise rodio 01' television broadcasting or recording and
transcription rights and equipment, alld other privileges. Lessee shallnOI engage in or
undertake the sale of any oflhe above-Slated articles or privil~ges, wilhout the prior,
written consent of lessor.
20. Fire Hazards.
a, Lessee shall no! do or permit to be done anything in or on any part
"f'the building, or bring or keep anything in the building, whi~h will in any way Increase
conditions of any insurance policy upon the building or any part of the buildi/'lg, or in
any way increase the rate of fire or public liabHiry insurance upon Ihe building or
property kept therein, or in any way conflicl with the regulations of the fire departmenl or
with any of the rules, regulations, Or ordinances of Ihe City oj'Aspen or in any way
obstruct or interfere with the rights ofolher lenants in the building or in.;ure or annoy
them.
o. Lessee shall not, without the prior, written consent of lessor, put
up or operate any engine or mOlor Or machinery on Ihe demised premises or use oi!.v.
hurningfluitls, camphene. kerosene, naphtha. or gasolinefor.either mechanIcal or oth~r
purposes or any olher agent than gas or electricity for illuminating the demised premises,
21. Assignment, Lessee shall not assign this leas~ agreement wilho!ll the
prior, written consenr 'if lessor nor suffer any use of the demised premises olher Ihan (IS
-"pet'died in this lease agreement.
22. Rei'll R~fUnd ff'lessee. heing entitled 10 possession und~r this l~"se
af..1Teement, .fails for any reason /olClke possession afor to use the demised p/"emises, 170
rent refimd shall be made and thefull rent calledfor by this lea.1'e "greern~nI, including
any disbursements or expen$~S incurred by lessor in connection therewith. shall he
payable by lessee to lessor, as liquldaled damages and no! by way 'if penalty
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01/01/1994 04:30
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970-9~ 478
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ASPEN RECREATION
PAGE 05
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23, Staff. Lesseeuru/erstands and specifically agrees that lessor does not furnish any
st(tjf1Wt otherwise providedfor in this lease agreement,
24. Dumage to Building. In case the building or any part of the building shallbe
destrqyed or damaged by fire or any other cause, or if any other casualty or unforeseen
occurrence renders the fulfillment of this lease agreement by lessor impossible, including, but
not limited to, reqUisitioning of the demised premises by the United States government or any
arm or instrumentality of the United States Government. thislease agreement shall terminate and
lessee shall pay rental for the demised premises only up tc the time of such terminalu", at the
rate specified. Lessor hereby waives any claims for damages or compensation should this lease
agree1ll4nt be so tenninated.
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25, Evacuatiol/.^oj BIdldlng, Lessor re;~:;Ves the ri-ghtto";vai:zmte the building during
any tu'tivity in progress when it is deemed necessary for the safety of the general public,
26. Control of Building, The building, including the demised premises and the keys
thereof, shall be at all rimes under the control of the facility manager who shall be appointed by
lessor.
27, Default in Rent Payment, Lessee covenants that if any default is made in payment
of rent at the rimes specified above, or if any default is made in any covenant or condition
contained in this lease agreement, then this lease agreement and the. relation of lessor and
lessee, at the option of lessor, shall cease and terminate and the relation of the parties shall be
the same in all respects as if the term had{ully expired. Under such circumstances, lessor may
reenter the <kmised premises and hold them as of its former estate, remove all persOlls from the
demised premises, and resort to any legal proceedings to obtain possession, Lessee, shall in spile
of such entry, pay the full amount of rental as agreed to be paid in this lease agreement.
28. Indemnification. F..xcqt far cb:1.imflllririn.p from ~~sor'g nef!ligence. Jessee
agrees to indemnify altd hold harmless the City of Aspen. its officers, employees, insurers, and
self-insurance, from and against all liability, claims, and demands, on accounl of injury, loss, or
damage, including without limitation claims arising from bodily injury, personal injury, sickness,
disease, death. property loss or damages, Or any other loss of any kind whatsoever. which arise
out of or are in any manner connected with this lease, if such injury, loss, or damage is caused in
whole or in parr by, or is claimed to be caused ill whole or in parr by, the act, omission, error,
professional error, mistake, negligence, or olher faull of Ih.e lessee, Lessee agrees to investigate,
handle, respond to, and to provide defense for and defend against, any such liability, claims or
demands at the soU! expense of the lessee, or at the option of the lessor, agrees 10 pay lessor or
reintbllrse lessor for the defense costs incurred by lessor in connection with, any such liability,
claims or demands. The lessee also agrees to bear all other costs and expenses related thereto,
including court costs and attorney fees, whether or not any such liability, claims, or demands
alleged are groundless, false or fraudulent.
5
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ASPEN RECREATION
PAGE 05
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29. Insurance.
(a) The parties hereto understand and agree Ihatlessor i.\' relyin8 em.
anddoes nol waive or intend 10 waive by ,my pmvision o/thi.. lea,ve agreement, Ihe
monetary limitations or any other rights, immuniti~s, and protections provided by the
Colorado Governme711al Immunity ACI, Seclion 24-10-101, et.\'eq.
(b) The parries hereto jirrther understand and agree tharlessor is a
member o/the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such
parlicipates in the CIRSA ProperlY/Casualty Pool, Copies o.f the CIRSA policies and
manual are kept at the City 0/ Aspen Finance Department and are available to lessee for
impection during normal business hours. Lessor makes no representations whatever
with respecl to specific coverage's offered by CIRSA,
;;,,-,,,, "...".
.!.^...~. ". ......... .".~.: . .:...~
(c) All insurance policies carried by lessee, its officers, ar its
~mployees, shall be primary insurance, and any insurance carried by lessor, its officers,
(II' its' employees, or carried by or provided by lessor shall be excess and nOI contributory
insurance to that provided by lessee.
30, Lien on Box Office Receipts. Any sum due lessor from lessee for le,vsee~'
u.\'. (?f'the demised premises or any accommodations, services. or materials shall he a
first lien (m box qffice receipts of lessee.
31, Management of Funds. In the handling, control, custody. and keeping of
receipts andjimds, whether they are received through the box office or otherwise. lessor
i.v acting/or the accommodation and full benefit 0.( lessee. As 10 such receipts andfimds,
l~s.\'or shall be respcm;'ible only/or gross negligence or badfaith
32. Manager of Building, Any matters not expressly provided/or in this l~ase
agreement shall be in the discretion ofthefacility manager.
33. Binding E;lfect. This l~ase agreement shall bind and inure to the henefit 'd'
the respective heirs, personal representatives. successor.\'. and assigns <'!rth~ parti~s
34. Governing Law. It is agreed that this lease agreement shall he governed
hy. ,'onstrued and enforced in accordance with the laws o/theState qlColol'lldo.
35. En/ire Agreement. Thi.~'lease agreement shall COf1StitUtt! th~ entire
ll,r.:1:eement hetwef!n the parties. Any prior understanding or representation qf'any kind
I',,'ecttding the dateqlthi,v te",~'e agreement sh(.tllnof he hindil1g upon either party except
/() {he extent im.:mporufed ih ,his leCl,wt "MreC:!ttUtHl.
6
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A
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ASPEN RECREATION
PAGE 07
36. Modificailon of Agreemenl, Any modification qf'lhis lease agr~em~nt Or
uddltional obligation assumed by eilher parry in connection with this agr~ement shull he
hinding only ilevidenced in a writing siglled by each party or an authorlo~d repre- .
senlative of each parry.
37. Waivers. Waiver by lessor C{f any breach of any covenant or dury (!f lessee
under this lease agreement is not a waiver of a breach of allY other covenant or dury of
1~.I'see, or o/any subsequenl breach qj'the same covenant or dury.
" ;., '...~ .
38. Remedies of Lessor Cumulative. The remedies given to lessor in this lease
agreement shan be cumulative, and the exercise of any one remedy by kssor shall not he
/() the e.:tclu.'ion of any other remedy,
39, Time of the Essence. It is .pecifically declared and agreed that lime is (!l
the essence of this lease agreement.
40. Paragraph Headings, The title to the paragraphs of this lease C1greem~nt
are solely for Ihe convenience of the parries and shall 1'101 be us~d to explain. modify.
simplifY, or uid in the interpretation of the provisions of this lease agreement,
IN WiTNESS WHEREOF, each party to this agreement has caused It to he
executed on the date Indicated hereinabove.
LESSEE:
By:
Title:
LESSOR:
CiTY OF ASPEN, COLORADO
By:
City Manuger
7
01/81/1994 04:30
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..
A.
ASPEN RECREATION
Reviewed and Approved by:
Approved as 10 form:
"--"".'''''''.';'''''',..... ",',. ,,""..
PAGE 08
Facility Manager
City AltorneY'J (Jffice
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8
,
01/01/1994 04:30
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A
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ASPEN RECREATION
PAGE 09
o.
EXHIBIT ''A''
- llJlO,WCfS'}:JJY{; {).R TJiLEF'!Sm.7t.7 .KjerI :r:.T!ES'
.:"...
. Due to the public nature of the Red Brick Arts & Recreation Cemer, Shows held at
thefacility must be accessible by ticket 10 the general public, Any deviation from this
format must be approved in writing.
. Use afthe Red Brick Arts & Recrealion Cemer by HEO mllSI be approved in wriling
by the building andfire departments aflhe City of Aspen,
. Shows shall not exceed J 1:00 P.M due to the Ilall/re oflhe residemial area the
facility sits within. Any shows exceeding Ihis lime must be approved in wriling fi'Oln
the Recreation Director, and Ihe Police Chief
01/01/1994 04:30
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970-9~ 1478
A
ASPEN RECREATION
PAGE 10
..
. A notice shall be sent by mail to all neighbors within 1 block o.f the Red Arts &
Recreation Center nOlifying them of the scheduled shows and times.
. BEO .~hall obtain in wriringfrom the Aspen Police Departmenr the approval of
adequate security for all shows. .
. Th~ Aspen Recreation Department shall opel"ate normal office hours from the Red
BrickArrs &; Recreation Center. Normal office hours will be defined as 8:00 A.M to
5:00 P.M, Monday through Friday unless olherwise agreed to in writing.
'n..'."._,..,....'"
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01/01/1994 04:30
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ASPEN RECREATION
PAGE 11
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2000 U.s COMEDY ARTS FESTIVAL
STANDARD LOCATION ADDENDUM
..:'::..,;,<.J,.;,...;....;..,
The undersigned hereby grants to U.S. Corned" Am F....tival- DBO (hereinafter
referred to as "Producer") the right to enter, remain on and to use the property and
adja;:ent area located at Red BrI()k Am & ReCreAtion Center. 110~. Hallam. ARnen.
CO 1I16t1 (the "Property") for the purpose of filming molion pictures, with the right (but
noitbe-obllglt!ion)tO eihlblfaricllicense olheiStil-i::iliibiflill oiany~piirtof Sliidscei1es iil.
motion pictures throughoul the world, Said permission sball include the righllo bring
penonnel and equipment (including props and temporary sets) onlo said Property, and to
remove the same therefrom after completion of work,
The above permission is granted for one or mon; days, as may be necessary, for which
the said location is used, commencing on or about Monday. FehruaT'V 7,2000 throu1Jb
Sun..,., Fehrua'1' 13. 2.1!00 (subject 10 change in case of changes in the production
schedule or weather conditions), and continuing until completion of all filming and work
required, Further, Producer and prOduction personnel may, prior to screenings, visit or
otherwise inspect said Property at n;asonable times to plan and set up for screenings,
Producer shall be the sole and exclusive owner of all rights of whatever nature, including
all copyright, in all films, photographs and recordings made of or on said Property.
Producer hereby agrees to hold the undersigned harmless of and from any and all liability
and loss which the undersigned may suffer or incur by reason of any incidents or any
other damage to said Property negligently caused by Producer.
The undersigned does hen;by warrant and represent thar the undersigned has full right
and authority to enter into this agreement concerning the Property, and that the consent or
permission of no other person, rmn or corporation is necessary in order to enable
Producer to enjoy full rights to the use of the Property, and that the undersigned does
hereby indexnnify and agree to hold Producer free and harmless from. and against any and
all loss, costs, liability, damages or claims of any nature arising from, growing out of, or
concerning a breach of the above warranty,
Producer:
Title:
The City of Aspen
Title:
Address:
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
LAND USE ApPLICATION PACKET
Included with this Land Use Application are the following attachments:
I, Development Application Fee Policy, Fee Schedule and Agreement for Payment Form
. 2. Dimensional Requirements Form
3, Description of Minimum Contents of Development Application
4, Description of Specific Contents for Submission of your Application, (may be more than
one attachment depending on number of reviews required)
5, Copy of Review Standards for Your Application. (may be more than one attachment
depending on number of reviews required)
6, General Summary of Your Application Process
7. Public Hearing Notice Requirements Summary
8, Affidavit of Notice
Generally, to submit a complete application, you should fill in the application form and attach to it
that written and/or mapped information identified in Attachments 2-5, Please note that all
applications require responses to the review standards in attachment 5 for that particular
development type, Also note that there may be more than one attachment 4 and 5, depending on
the number of reviews required,
You can detennine if your application requires public notice to be given by reviewing Attachment 7
and Table I. Table I will tell you if your application requires notice and in what form the notice
should take place.
We strongly encourage all applicants to hold a pre-application conference with a Planner in
the Community Development Department so that the requirements for submitting a complete
application can be fully described. Also, depending upon the complexity of the development
proposed, submitting one copy ofthe development application to the Case Planner to
determine accuracy, insufficiecies, or redundancies can reduce the overall cost of materials
and Staff time.
Please recognize that review of these materials does not substitute for a complete review of the
Aspen Land Use Regulations, While this application package attempts to summarize the key
provisions of the Code as they apply to your type of development, it cannot possibly replicate the
detail or the scope of the Code, . If you have questions which are not answered by the materials in
this package, we suggest that you contact the staff member assigned to your case or consult the
applicable sections of the Aspen Land Use Regulations,
1"""'\ LAND USE ApPLICATION f\
, ,
PROJECT:
Name: _Ills, COMTi:OY ~ FE.crrll4L...
Location: eel) ~c.j( M-U' 8 fl€'~,.J cE7JT\,,-Q - c.lr"'f tJ....&Z>>1
(Indicate street address, lot & block number, legal des ription whete appropriate)
ApPLICANT:
Name:
Address:
Phone #:
...-
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70 - 'l?:.i
~."'~, Co 814 23
,
REPRESENTATIVE:
Name:
Address:
Phone #:
y"1 e 4-' _M,,,e-
. ----;:::::;:::-
TYPE OF ApPLICATION: (please check all that apply):
0 Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt,
0 Special Review 0 Final PUD (& PUD Amendment) 0 Final Historic Development
0 Design ReviewAppeal 0 Conceptual SPA 0 Minor Historic Devt.
0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition
0 GMQS Exemption 0 Subdivision 0 Historic Designation
0 ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion!
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
0 Lot Split ~ Temporary Use 0 Other:
0 Lot Line Adjustment 0 Text!Map Amendment
exiSTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc,)
I U/"CI-.;-r?1A/6- G-YI'1NJltS1:VI1 sl4<~ nL Pf'flP6~ (ffES ,/0 t 1/ +/"2..)--
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
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EVo; t.
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,J;)1 tvJIJGtSo"/ c:IAY-f2Ec..9t: f ....."J'b..vV B~/"'sr:;Lve-t. 4 G-Y~CS \ TO i"'4'J..t= .
Have you attac ed tHe followin . C\ FEES OUE:4.
o Pre-Application Conference Summary ~
o Attachment #1, Signed Fee Agreement p~ ce Sc._"t>.
o Response to Attachment #2, Dimensional Requirements Form i'J-I uti, '2. J I 0 -"") i./ - ~ '30'''''
o Response to Attachment#3,Minimum Submission Contents PlL. 2./11 4 '-/-~: 30'''''''
o Response to Attachment #4, Specific Submission Contents 7 - (5 : ?o P"'1
o Response to Attachment #5, Review Standards for Your Application ~~ ~J G
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ATTACHMENT 1
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen Development Application Fee Policy
The City of Aspen, pursuant to Ordinance 45 (Series of 1999), has established a fee structure for
the processing ofland use applications, A flat fee or deposit is collected for land use applications
based on the type of application submitted. Referral fees for other City departments reviewing
the application will also be collected when necessary, One check including the deposit for
Planning and referral agency fees must be submitted with each land use application, made
payable to the AspenJPitkin Community Development Department. Applications will not be
accepted for processing without the required application fee,
A flat fee is collected by Community Development for Administrative Approvals which
normally take a minimal and predictable amoUnt of staff time to process, The fee is not
refundable.
A deposit is collected by Community Development when more extensive staff review is required,
as hours are likely to vary substantially from one application to another. Actual staff time spent
will be charged against the deposit, Several different staff members may charge their time spent
on the case in addition to the case planner. Staff time is logged to the case and staff can provide
a summary report of hours spent at the applicant's request.
After the deposit has been expended, the applicant will be .billed monthly based on actual staff
hours, Applicants may accrue and be billed additional expenses for a planner's time spent on the
case following any hearing or approvals, up until the applicant applies for a building permit,
Current billings must be paid within 30 days or processing of the application will be suspended,
If an applicant has previously failed to pay application fees as required, no new or additional
applications will be accepted for processing until the outstanding fees are paid, In no case will
Building Permits be issued until all costs associated with case processing have been paid.
When the case planner determines that the case is completed (whether approved or not
approved), the case is considered closed and any remaining balance from the deposit will be
refunded to the applicant,
Applications which require a deposit must include an Agreement for Payment of Development
Application Fees, The Agreement establishes the applicant as being responsible for payment of
all costs associated "vith processing the application, The Agreement must be signed by the
party responsible for payment and submitted with the application and fee in order for a
land use case to be opened.
The current complete fee schedule for land use applications is listed on the reverse side,
~.
~
ASPEN/PITKIN
CO~TYDEVELOPMENTDEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinaftetCITY) and 11.5. C"Mef)f~ h,,~
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an app.lication for
Tf?MJ. lJS(::'- - (lG'O 8n.c.< M.fJ"-I'DO'8.IM'r'IA;,j - '111~WI'1
(hereinafter, THE PROJECT),
2, APPLICANT understands and agrees that City of Aspen Ordinance No, 49 (Series of 1998)
establishes a fee strucmre for Land Use applications and the payment of all processing fees is a condition precedent
to a detennination of application completeness,
3, APPLICANT and CITY agree that because of the size, nature 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 CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter pennit additional costs to be billed to APPLICANT on a monthly basis,
APPLICANT agrees additional costs may accrue following their hearings andlor apptovals, APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred, CITY agrees it will be benefited through the greater certainty
oftecovering its full costs to process APPLICANT'S application,
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient infonnation to the Planning Commission andlor City Council to enable the Planning
Commission andlor City Council to make legally tequired findings for project consideration, unless current billings
are paid in full prior to decision,
5, Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a detennination of application completeness, APPLICANT shall pay an initial deposit in the
amount of $ t.f 8 [) which is for hours of Community Development staff time, and if actual
tecorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to teimburse
the CITY 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, and in no case will building permits be issued until all
costs associated with case processing have been paid,
CITY OF ASPEN
APPLICANT
By:
. t:L-cJ.
By: <?-;( c=;
Date: [ 'I,~t!oo
f f
Mailing Address:
ie Ann Woods
ommunity Development Director
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ASPEN/PITKIN COMMUNITY DEVELOPMENT
2000 LAND USE APPLICATION FEES
CATEGORY
HOURS
Major
Minor
Staff Approvals
Flat Fee
12
6
Exempt HPC
Minor HPC
Significant HPC <1000 sq, ft.
Significant HPC >1000 sq, ft,
Demolition, Partial Demolition, Relocation
Referral Fees - Environmental Health
Major
Minor
Referral Fees - Housing
Major
Minor
Referral Fees - City Engineer
Major
Minor
Hourly Rate
DEPOSIT
, 2,310.00
1,155,00
480,00
FLA T FEE
265,00
65.00 /"
r480,OO~
......, 155,uu
2310,00
2310,00
330,00
170.00
330,00
170,00
330,00
170.00
195.00
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ATTACHME:NT.2
DIMENSIONAL REQUIREMENTS FORM
Project:
Applicant:
Location:
Zone District:
Lot Size:
Lot Area:
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes, Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable:
Number of residential units:
Number of bedrooms:
Existing:
Existing:
Existing:
Proposed:
Proposed:
Proposed:
Proposed % of demolition (Historic properties only):
DIMENSIONS:
Floor Area: Existing: Allowable: Proposed:
Principal bldg. height: Existing: Allowable: Proposed:
Access, bldg. height: Existing: Allowable: Proposed:
On-She parking: Existing: Required: . Proposed:
% Site coverage: Existing: Required: Proposed:
% Open Space: Existing: Required: Proposed:
Front Setback: Existing: Required: Proposed:
Rear Setback: Existing: Required: Proposed:
Combined FIR: Existing: Required: Proposed:
Side Setback: Existing: Required: Proposed:
Side Setback: Existing: Required: Proposed:
Combined Sides: Existing: Required: Proposed:
Existing non~conformities or encroachments:
Variations requested:
r\
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ATTACHMENT 3
MINIMUM SUBMISSION CONTENTS
1. Applicant's name, address and telephone number, contained within a letter signed by the
applicant stating the name, address, and telephone number of the representative
authorized to act on behalf of the applicant.
2, The street address and legal description of the parcel on which development is proposed
to occur,
3. A disclosure of ownership of the parcel on which development is proposed to occur,
consisting of a current certificate from a title insurance company, or attorney licensed to
practice in the State of Colorado, listing the names of all owners of the property, and all
mortgages, judgments, liens, easements, contracts and agreements affecting the parcel,
and demonstrating the owner's right to apply for the Development Application,
4, An 8 1/2" x II" vicinity map locating the subject parcel within the City of Aspen.
5, A site improvement survey including topography and vegetation showing the current
status of the parcel certified by a registered land surveyor, licensed in the State of
Colorado. (This requirement, or any part thereof, may be waived by the Community
Development Department if the project is determined not to warrant a survey document.)
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ATTACHMENT 4
Specific Submission Contents
Development Application for Temporary Uses
An application for a Temporary Use Permit shall include the following:
1, A sketch plan of the site showing property lines and existing and proposed features
relevant to the temporary use and its relationship to uses and structures in the immediate
vicinity.
2. If the application involves development of a new structure, or expansion or remodeling
of an existing one then proposed elevations of the structure must be provided.
3, Written response to the review criteria (attachment 5).
4, Such other information as deemed necessary by the Planning Director for purposes of
evaluating the application.
att4\tempuse,doc
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Attachment 5
Review Standards: Application for Temporary Use
Section 26.96.030
When considering a development application for a temporary use, City Council shall
consider, among other pertinent factors, the following criteria as they, or any of them relate thereto,
A. The location, size, design, operating characteristics, and visual impacts of the proposed use.
B, The compatibility of the proposed temporary use with the character, density and use of
structures and uses in the immediate vicinity,
C, The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic.
patterns, municipal services, noise levels, and neighborhood character,
D, The duration of the proposed temporary use and whether a temporary use has previously
been approved for the structure, parcel, property or location as proposed in the application,
E, The purposes and intent of the zone district in which the temporary use is proposed,
G. How the proposed temporary use will enhance or diminish the general public health, safety
or welfare.
att5\tempuse,doc
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Attachment 6
One Step Commission or Council Development Review Procedure
}, Attend pre-application conference. During this one-on-one meeting, staff will determine
the review process which applies to your development proposal and will identifY the materials
necessary to review your application.
2. Submit Development Application. Based on your pre-application meeting, you should
respond to the application package and submit the requested number of copies of the complete
application and the appropriate processing fee to the Community Development Department.
Depending upon the complexity of the development proposed, Staff may suggest submitting only
one copy, This way any corrections that may be necessary can be accomplished before making
additional copies
3. Determination of Completeness. Within five working days of the date of your
submission, staff will review the application, and will notifY you in writing whether the application
is complete or if additional materials are required, Please be aware that the purpose of the
completeness review is to determine whether or not the information you have submitted is adequate
to review the request, and not whether the information is sufficient to obtain approval,
4. Staff Review of Development Application. Once your application is determined to be
complete, a date for the Commission or Council review will be set. Applications are scheduled for
review on the first available agenda given the requirements for public notice,
During the staff review stage, the application will be referred to other agencies for
comments, The Planner assigned to your case or the agency may contact you if additional
information is needed or if problems are identified, The Planner will prepare a review memo which
addresses the proposal's compliance with the Land Use Code and incoIporates the referral
comments, The planner will recommend approval, denial or tabling of the application and
recommend appropriate conditions to this action, You will be called to pick up a copy of the memo
and the agenda at the end of the week before your hearing, or we can mail it to you if you so
request.
During the period of staff review, it is essential that public notice be given, when required
for your development application, The requirements for notice of your application are provided in
Attachment 7.
5. Commission or Council Review of Development Application. Your project will be
presented to the Commission or Council at a regularly scheduled meeting. The typical meeting
includes a presentation by staff, a presentation by you or your representative, questions and
comments by the review body and the public, and an action on the staff recommendation, unless
additional information is requested by the review body.
r.;
~
Final approval of any Development Application which amends a recorded document, such
as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of
that document for review and approval by staff, Staffwill provide the applicant with the applicable
contents for the revised plat, while the City Attorney is normally in charge of the form for recorded
agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing
these documents until the staffhas determined that your application is eligible for the requested
amendment or exemption.
6, Receipt of Building Permit. Once you have received final approval of your development
application, you may proceed to building permit review, During this time, your project will be
examined for its compliance with the Uniform Building Code, It will also be checked for
compliance with applicable provisions of the Land Use Regulations which were not reviewed in
detail during the one step review (this might include a check of floor area ratios, setbacks, parking,
open space and the like). Fees for water, sewer, parks and employee housing will be collected if
due. Any document required to be recorded, such as a plat, deed restriction or agreement, will. need
to be reviewed and recorded before a Building Permit is submitted.
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