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HomeMy WebLinkAboutcoa.lu.tu.300 E Hyman Ave.0088.2012 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0088.2012.ASLU PARCEL ID NUMBERS 273707338005 PROJECTS ADDRESS 300 E. HYMAN AVE PLANNER JESSICA GARROW CASE DESCRIPTION TEMP USE LIGHTING REPRESENTATIVE DEBRA DYLE - EVENTWORKS DATE OF FINAL ACTION 2.14.13 CLOSED BY ANGELA SCOREY ON: 2.14.13 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: ��►,G� ��, Q ,Aspen, CO SCHEDULED PBLIC HEARING DATE: t-t)o t 16? 5':6 D v,n , 20,112_ STATE OF COLORADO ) } ss. County of Pitkin ) 1' (name, please print) being or rep'esentmb an Applicant to the City of Aspen, Colorado, hereby personally certify that 1 have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the_day of 20_ to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property mvners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the o miners and governmental agencies so noticed is attached hereto. (Continued on next page) OVA Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However,the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen(15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this /7 day o „f�,r.v� , 20 , by PUBLIC NOTICE HAND A ,�*T T T RE: AMENDMENT TO THE CITY OF ASPEN WITNESS SS MY ,KIND tit V D OFFICIAL SEAL LAND USE CODE YY 1 NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday,February 11,2013,at a meeting to begin at 5:00 p.m.before the Aspen City Council,Council Chambers,City Hall,130 S. My commission expires: Galena St.,Aspen,to determine if amendments to the text of the Land Use Code should be pursued. The potential amendments would address making business friendly amendments to the Land Use Code. For further information,contact Jim Pomer- o at the 130 S.Galena St.,Aspen,CO,(970) 429-2745,jim.pomeroy @cityofaspen.com No ary Public M heel Ireland Mayor AgP uoC C ncll Published 2012 [ s he eAspen Times Weekly on Novem- ber ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL • APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 NOTICE OF APPROVAL For a Temporary Use Permit at 300 E. Hyman Ave, Aspen, CO Parcel ID No. 273707338005 REPRESENTATIVE: Debra Doyle—Aspen Eventworks APPLICANT: Viva Beverage Co. —Mathew Shiftman SUBJECT & SITE OF APPROVAL: Temporary Use Permit for 300 E. Hyman Ave, involving the short-term rental of the subject unit to be used for Private Athlete VIP Safe House during the X-Games event (January 25 — 27, 2013). The applicant is requesting a Temporary Use Permit, pursuant to Land Use Code Chapter 26.450, Temporary and Seasonal Uses. SUMMARY: The Applicant has requested a Temporary Use Permit from January 25 — 27, 2013, from the hours of 6pm — lam, to allow the subject unit to be used for a variety of activities such as food & beverage, games, graffiti wall art and an athlete gifting suite. All activities will occur inside the premise, and there will be no sales of any kind. STAFF EVALUATION: Pursuant to Chapter 26.450, Temporary and Seasonal Uses of the City of Aspen Land Use Code, Staff finds the request meets the requirements of an Insubstantial Temporary Use, with conditions. The approval conditions are as follows: • The applicant will coordinate with the City's HPC Officer on all items to be attached to the building to ensure that they are attached in a manner that will not damage the historical structure. • The parks department has the following conditions in order for Viva Beverage to use the trees in front and on the side of the building: 1. All City of Aspen holiday lights must remain in place 2. damage to the tree, removal of branches or trimming is prohibited 3. x-games replace or repair any damage to existing holiday lights 4. x-games staff is responsible for plugging in the city of aspen holidays lights after the x-games lights are removed 5. consult with the parks department (city forester or downtown core manager) on the location and installation of the GoBo light • The applicant will coordinate with the City's Engineering department on the placement of the stone lions on the sidewalk, and follow any requirements they deem appropriate. The property exists in the Commercial Core (CC) zone district and although it would not be permitted as an ongoing use in the zone district, it is temporary in nature. Staff believes the applicant's requested use is appropriate in that it will add interest to the area, help to create a vibrant environment and celebrate the festivities of the X-Games, and will have minimal impact upon the surrounding area. Staff feels the applicant's request will have no significant impact on vehicular traffic, noise levels or the current character of the neighborhood. Furthermore, this request will not negatively impact general pg. 1 public health, safety or welfare. The projected lights on the Crystal Palace building were approved by Council by consent at their January 11 th, 2013 meeting. DECISION: The Community Development Director finds the request for Private Athlete VIP Safe House during the X-Games at 300 E. Hyman Ave. as noted above is consistent with the review criteria (Exhibit A) and thereby,APPROVES the temporary use as specified above. APPROV BY: Chris Bendon F Date Community Development Director D oy e Date Aspen Eventworks, Inc. Attachments: Exhibit A - Review Standards Exhibit B - Application Exhibit A Review Criteria and Staff Findings Sec. 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 Response: The proposed use will operate from January 25— 27, 2013,from the hours of 6 pm — 1 am, to allow the subject unit to be used for a variety of activities such as food & beverage, games, graffiti wall art and an athlete gifting suite. The majority of activities will occur inside the premise and will not create visual impacts. The portions that are outside of the building were either approved by the appropriate City departments, or by City Council. Staff finds this criterion met. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. Staff Response: The surrounding uses in the immediate vicinity are primarily lodge and commercial in the area. The proposed temporary use is found to be compatible with the character, density and use of these structures. Staff finds this criterion met. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. pg. 2 Staff Response: It is anticipated that the proposed use will have minimal impact on vehicular traffic, municipal services, and neighborhood character. There will likely be an increase in pedestrian traffic throughout the area in general due to the X-Games event and visitors to Athlete VIP safe house; however, this is not anticipated to be significant due to the proposed temporary use. Staff finds this criterion met. 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 Response: The temporary use is proposed to take place from January 24th—27th 2013,from 6 pm — I am. No other temporary use has been previously proposed for this structure, parcel, property or location during these dates/times. Staff finds this criterion met. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Response: The temporary use is located within the Commercial Core (CC) zone district. The purpose of this district is to allow for retail, service commercial, recreation, and institutional purposes. Although the temporary use would not typically be permitted on a permanent basis within this zone district, the short time period is not anticipated to negatively impact the zone district. Staff finds this criterion met. 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 Response: There are no changed conditions in the CC zone district that would affect this proposal. The proposed temporary use will bring interest and help encourage pedestrian traffic in the area. Staff finds this criterion met. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. Staff Response: It is not anticipated that the proposed temporary use will in any way diminish the healthy, safety, or welfare of the general public. This use is intended to enhance the atmosphere of the City during the X-Games event. Stafffinds this criterion met. pg. 3 MEMORANDUM TO: Mayor and City Council THRU: Chris Bendon, Community Development Director am FROM: Jim Pomeroy, Code Enforcement Officer RE: 300 E. Hyman, (Crystal Palace), Temporary Use permit—Consent Agenda DATE: January 14, 2013 REQUEST OF COUNCIL: This memo provides information on a proposed temporary use permit. Staff has approved most of the requests and seeks direction on one remaining aspect of the proposal. If approved on consent this last item will be approved. SUMMARY: Viva Beverages,through a local representative Debra Doyle, plans on using the old Crystal Palace building for a private function aimed at the athletes during X-Games from January 25`n -27`n The building will be decorated in "Rastafarian"fashion, and includes outdoor lights in trees, decorations including banners and lights on the building, and projected lighting on the outside of the building. The attached exhibits give a clearer sense of what is proposed. Staff has approved the following items: • 2—6'x12' red, green and yellow striped flags hanging on the outside of the building. • Windows will be curtained and lit from inside in red,yellow and green. • The applicant will coordinate with the Engineering department on putting 2 "stone lions" on the sidewalk flanking the entrance. • Following the approvals of the Parks department,the applicant plans on hanging colored lights on the trees in front of the building on Hyman and Monarch, and attaching light projecting"leko lights"to the trees projecting words on the sidewalk surface. The applicant has agreed to the recommendations Parks has made to ensure that these activities do not damage the trees. • The applicant plans on hanging burlap panels on the outside of the building and hanging colored lights over the "owl"painting on the Monarch side of the building. Amy Guthrie has reviewed the method being proposed to attach these elements, and deemed them to be acceptable for an historic building. 1 SUMMARY(cont.): Staff seeks direction from Council on one item. If approved on consent,this item will be implemented: • The applicant has proposed lighting features that would involve gobo lights projected on the outside of the building. These would consist of projected words 15' high and 30' wide and be projected from a 12' high pole mounted to the roof of the one story element of the building. These lights would be the words RASTAFARI and RESPECT on alternating nights. Added to these words,would be 3 lights up-lighting the wall where the words are projected in color— red,yellow and green. All of the light effects would be static, and all components and lights would be on private property only. EXHIBIT A: Application 2 l Green, yellow and red Exhibit A— ContinUedvscrolling around building Front of Crystal Palace { 16� .Artistic burlap covering Red/White stripes -- �• �,..-. �,:: , . 6'x1.2`flag hung over main doorway. Pipes ratchet strapped to tree To hold lights projecting go , Green,.yellow an red Holl daylights in,trees Gobos projected on sidewalk ..1 9 , Flag measuring 6'x12' Exhibit A— Windows.scrolling Hung from roof Green, yAl ow, and red left side of Crystal _ Palace A-P f • / 1tl �t� Y' tD!/16 'r fit, 'J.Xz :. �'a�*s.6`i;s, ". ._'r ud'<--mai(. �: ,7: x}3bs � 3•- !w.a; aK p s,af1 v x Aa5og x� Ar tl * y - -19 Trees with green,yellow red oliday li is Holiday lights strung tight together 1 green,yellow, and red S.Prolling across wall right d- of Two gobos projected.. s r .S_+. - of A r-,���•f�l �r � 4.�'_,- t_ _ Jim Pomeroy From: Brian Flynn Sent: Thursday,January 03, 2013 2:43 PM To: Jim Pomeroy Cc: Dan Nelson Subject: X-games request to use City ROW trees for event Jim, please accept the following as conditions of approval for the request to use the trees located adjacent to the old crystal palace building, on both Monarch and Hyman. 1. all City of Aspen holiday lights must remain in place 2. damage to the tree, removal of branches or trimming is prohibited 3. x-games replace or repair any damage to existing holiday lights 4. x-games staff is responsible for plugging in the city of aspen holidays lights after the x-games lights are removed 5. consult with the parks department (city forester or downtown core manager) on the location and installation of the GoBo light Brian Flynn Open Space and Special Projects Manager (P)970-429-2035 (F)970-920-5128 OAPAAREN ** Please note my new email address: brian.flynn@cityofaspen com 0 7 33 700 S COS% -2012 --� Permms R RI Remai Nar�a;e fprm R" fv mai Tab help v A _ o � ............. ............. ...:.,. kllwSknfi N iFees4rw. Fl nA—'- AM-ema"lasx2 *xm N mg'DupnEdd pemms NHS c Femmt a u sssLandCsa Famm=7.88.2612 uW 7s ' aid2S 66 EHYfm(E o wPJJ 3 Femmasmmatim p Master emd— Rag ,a.P 2252312 F � Wsngpn n°PtCIJ HN T},{p1JsE A Ju 0 SHY PndJFi$&G?fdARL�r id SAFE HIS- UArG T-.E s AN 24 JAI,2' �uneG C 29U w C E t 213 LaKrm 17STALPVCECO�OF Fdm nama FJ EJ!a2 YEP CNIS12 Ihm dire Ap rOweensapEdica� Cormadnns�imol7 Aname Y`iSi�P prG "PCB.i imea a��F EJ.:32 SP.h M 81612 RUE Ear, 6 to Lunde lag name 91 no? F*aa J I 3G�es i l i t a�lays>hepemal�derseddreas December 24, 2012 Community Development Department City of Aspen 130 South Galena Street Aspen, CO 81611 Street Address and Legal Description of the parcel on which the lighting effects are proposed: 300 E. Hyman Avenue (Crystal Palace Building) Aspen, CO 81611 Parcel: 273707338005 Subdivision: CITY AND TOWNSITE OF ASPEN Block: 81 Lot: K AND: - Lot: L ATTACHMENT 2—LAND USE APPLICATION PROJECT: j (vvf !.` i " �'�� � l�� f l9-( l G' �L'VL�E-�, ��t � (c;�=(' r, Name: C S GG E f Ca 1 a -e L51 tA 1'1 C[ `r1 Location: ' C:'L` L 1 4 L, ✓vt to v-� K : L i k' �d L Indicate street ad ress, lot&block number, legal description where appropri ate Parcel ID#(REQUIRED) r 3 3 c" C c 5 APPLICANT: Name: ' � r r '7U 1 ?� w?G,') Address: Phone#: REPRESENTATIVE: Ldd �l l S �', i/E':'l f v�Y^✓ ;� cj �C' — J S TYPE OF APPLICATION:(please check all that apply): WGMQS Exemption ❑ Conceptual PUD Temporary Use GMQS Allotment ❑ Final PUD(&PUD Amendment) �J \ Text/Map Amendment Special Review ❑ Subdivision ❑ Conceptual SPA ESA—8040 Greenline, Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA Margin,Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Conditional Use El Other: EXISTING CONDITIONS: descri tion of existing buildings,uses,previous approvals,etc. Of J 41 / L 5 L t I i {{ �� PROPOSAL: (description of proposed buildings,uses,modifications,etc. ! k�✓1/� 2( (. 1 r� 1 G; (� i�l �YG'✓1 yes' 1-,C Have you attached the following? FEES DUE:$ re-Application Conference Summary -Attachment#1, Signed Fee Agreement ❑ Response to Attachment 0,Dimensional Requirements Form ❑ Response to Attachment#4, Submittal Requirements-Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5"X 11"must be folded. A disk with an electric copy of all written text (Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. Agreement to Pay Application Fees Anagreement between the City of Aspen ("City") and Phone No.: Property Owner("1"): 49 061 1 Email: A�. �-�� �, s 2t Address of Billing Address: Property: 3 C C` L I ���' �`� 1;1 (send bills se`T �� �' �'� IC c� (subject of here) J}� r c 0 '�q application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ flat fee for $ flat fee for $158 flat fee for Administrative Temporary Use Review. $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $00 deposit for 0 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at$315 per hour. $0 deposit for 0 hours of Engineering Department staff time.Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: [,y Chris Bendon ✓ Community Development Director Name: "ra AA �- City Use: Title: ✓1 5 1 l ifs.-� L u ,,� Fees Due:$158 Received:S `' THE CITY OF ASPEN Land Use Application Determination of Completeness Date: December 27, 2012 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0088.2012.ASLU — Marley Safe House — Temporary Use. The planner assigned to this case is Jim Pomeroy (429-2745). ❑ Your Land Use Application is incomplete: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. our Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, elan, Depu ty Director Cen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes No_y-- Subdivision, SPA,or PUD(creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No� Commercial E.P.F. December 24, 2012 Community Development Department City of Aspen 130 South Galena Street Aspen, CO 81611 Attention Community Development Department: This letter is to provide the contact information for the applicant, building owners and representative. Debra Doyle is the authorized representative for the applicant and building owners. Location 300 E. Hyman Ave—Crystal Palace Building *Applicant's Debra Doyle Representative Aspen Eventworks, Inc. 309 Pitkin Iron Road Aspen, CO 81611 Ph: 970-618-5750 Fax: 970-922-2351 Email: debra(aspeneventworks.com Building Leasers/ Viva Beverages/Marley Beverage Company Applicants Contact: Matthew Shiffman 27777 Franklin Road, Suite 1640 Southfield, Michigan 48034 Phone: 248-746-7051 Email: mshiffinan a viva beverages.com Building Owners Crystal Palace, Acquisitions, LLC Linden Nelson 2100 E Maple Rd, Ste 200 Birmingham,MI 48009 Sincerely, Matthew Shiffinan December 24, 2012 Community Development Department Attn: Jessica Garrow City of Aspen 130 South Galena Street Aspen, CO 81611 Dear Jessica, This letter is to inform you of my consent for the outdoor lighting application submitted by the Viva Beverage Company for the Crystal Palace building at 300 East Hyman Ave during the X Games from January 24—27, 2013. Regards, Linden Nelson Owner, Crystal Palace Building (300 East Hyman Ave, Aspen CO 81611) Crystal Palace Acquisitions, LLC 2100 E Maple Rd, Ste 200 Birmingham, MI 48009 Dec-26-2012 12:41pm From-STONESR'"'� CONDOS 9709232602 T-619 P.001/001 F-042 December 24,2012 Community Development Department City of Aspen 130 South Galena Sweet Aspen,CO 81611 Attention Community Development Department. This letter is to provide the contact information for the applicant,building owners and representative. Debra Doyle is the authorized representative for the applicant and building owners. Location 300 E.Hyman Ave--Crystal Palace Building *Applicant's Debra Doyle Representative Aspen Eventworks,Inc. 309 Pitkin Iron Road Aspen,CO 81611 U E C 2 b 2W t Ph: 970-618-5750 Fax: 970-922-2351 01-rY OF ASPEN Email: debra0aspeneventworks.com COMMUNITY DEVELOPMENT Building Leasers/ Marley Beverage Company LLC Applicants Contact: Matthew Shiffman 27777 Franklin Road,Suite 1640 Southfield,Michigan 48034 Phone: 248-746-7051 Email: mshiffman(4vivabeveragescom Building Owners Crystal Palace,Acquisitions,LLC Linden Nelson 2100 E Maple ltd, Ste 200 Birmingham,MI 48009 Sincerely, Matthew Shifftman Dec-28-2012 12:20pn From-GARY SHE"'-''4N . 9708287834 T-087 P.001/001 F-774 "=-a ber 24,2012 • _ Comm _ Atta: Je ica o�,�"t nom. RECEIVE 130 South G*Iena Street _ DEC 2 _ ASM CO 81611 Cj-( Y OF ASPEN �0MMUNITY DEVEi.QPMEN R lkar JeS This Jettia is t0.iao� the Viva You of my chit the X. � Comfy a�cir the C fvr the o�9r� � li _. ding at 300 H° ve tiY Jerry 24 27,2Q1�3 W P buil . • - ' Lindcn Nets - - Owner,p SW Palace� (3� CM M LL+C - HYUM Am;AVM CO 81611) P Stye 200 _ M1480o9 - CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow, 970.429.2780 PROJECT: Temporary light display in the Commercial Core for private party DATE: 12/18/2012 REPRESENTATIVE: Debra Doyle, 618-5750, d_e_b_r_a p _ as _eneventworks.com TYPE OF APPLICATION: Temporary Use DESCRIPTION: The applicant is interested in a light display as part of the Bob Marley Safe House event during X-Games. The event is planned to be held at the Crystal Palace and will run each evening from Jan 24 - Jan 27. A Temporary Use approval is required for the lighting display. This is an administrative application. Land Use Code Section(s) RECEIVED 26.304 Common Development Review Procedures 26.450 Temporary and Seasonal Use Review b DE l' 2 b 2012 y= Staff for complete application Administrative decision CITY 01 ASPEN Public Hearing: No COMMUNITY DEVEL®PMENT Planning Fees: $158 Flat Fee Total Deposit: $158 Total Number of Application Copies: 2 Copies To apply,submit the following information EZ'Total Deposit for review of application. [EfPre-application Conference Summary. 0 A letter from the property owner consenting to the application 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. dStreet address and legal description of the parcel on which the signs are proposed and owner consent. ED-C-ompleted Land Use application and signed fee agreement. [�!['An 8 1/2"x 11"vicinity map locating the subject parcels within the City of Aspen. [2-Elevations or photographs of the storefronts with the proposed screen/lighting locations. L'57 A rendering of the proposed screen with dimensions. 1✓14- A-written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application � 2 copies of the Land Use Application and all additional letters, maps, and agreements. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 521 F. 14vman Actmin Temnnrary Ilse Review/ ASTJT December 24, 2012 Community Development Department Attn: Jessica Garrow City of Aspen 130 South Galena Street Aspen, CO 81611 Dear Jessica, This letter is to inform you of my consent for the outdoor lighting application submitted by the Viva Beverage Company for the Crystal Palace building at 300 East Hyman Ave during the X Games from January 24—27, 2013. Regards, Linden Nelson Owner, Crystal Palace Building (300 East Hyman Ave, Aspen CO 81611) Crystal Palace Acquisitions, LLC 2100 E Maple Rd, Ste 200 Birmingham, MI 48009 December 24, 2012 Community Development Department City of Aspen 130 South Galena Street Aspen, CO 81611 Attention Community Development Department: This letter is to provide the contact information for the applicant, building owners and representative. Debra Doyle is the authorized representative for the applicant and building owners. Location 300 E. Hyman Ave—Crystal Palace Building *Applicant's Debra Doyle Representative Aspen Eventworks, Inc. 309 Pitkin Iron Road Aspen, CO 81611 Ph: 970-618-5750 Fax: 970-922-2351 Email: debra(:aDaspeneventworks.com Building Leasers/ Viva Beverages/Marley Beverage Company Applicants Contact: Matthew Shiffman 27777 Franklin Road, Suite 1640 Southfield,Michigan 48034 Phone: 248-746-7051 Email: mshiffman(�i)vivabeverages,com Building Owners Crystal Palace, Acquisitions, LLC Linden Nelson 2100 E Maple Rd, Ste 200 Birmingham, MI 48009 Sincerely, Matthew Shiffrnan December 24, 2012 Community Development Department City of Aspen 130 South Galena Street Aspen, CO 81611 Street Address and Legal Description of the parcel on which the lighting effects are proposed: 300 E. Hyman Avenue (Crystal Palace Building) Aspen, CO 81611 Parcel: 273707338005 Subdivision: CITY AND TOWNSITE OF ASPEN Block:81 Lot: K AND: - Lot: L ATTACHMENT 2­LAND USE APPLICATION (Indicate street ad(iress,lot&block number, legal description where appropriate TYPE OF APPLICATION: (please check all that apply): El GMQS Exemption El Conceptual PUD Temporaly Use El GMQS Allotment El Final PUD(&PUD Amendment) 1011_� Text/Map Amendment D Special Review [I Subdivision El Conceptual SPA El ESA—8040 Greenline,Strearn El Subdivision Exemption(includes 0 Final SPA(&SPA Margin,Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane El Commercial Design Review El Lot Split 0 Small Lodge Conversion/ Expansion Residential Design Variance El Lot Line Adjustment El Other: Q Conditional Use EXISTING CONDITIONS: (description of existi--buildings,uses,previous Rprovals,etc.) JG 0-pre-Application Conference Summary 01 ,Attachment#1,Signed Fee Agreement rl Response to Attachment#3,Dimensional Requirements Form EF] Response to Attachment#4, Submittal Requirements-Including Written Responses to Review Standards ] 3-D Model for large project All plans that are larger than 8.5"X 11"must be folded. A disk with an electric copy of all written text (Mcrosoft Word Format)must be submitted as part of the applimtion. electronic 3 lArge scale Projects should include an -D model. Your pre-application conference summary wiH indicate if you must submit a 3-D modeL COMIMUNrry O . Agreement to Pay Application Fees Anagreement between the City of Aspen ("Ci ") and Property 1 Phone No.: Owner("I"): s f �, � � ) �' L; E ci //G Email: 4e t,-10' 12 t -, %a, w;,!< Address of Billing Address: Property: 3 0 0 t� (�� v14a n Iq ? (subject of (send bills application) here) J �. I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ flat fee for $ flat fee for $158 flat fee for Administrative Temporary Use Review. $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. deposit for 0 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at$315 per hour. $0 deposit for 0 hours of Engineering Department staff time.Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: i if -' v\ _rZ4 f Chris Bendon Community Development Director Name: jti City Use: Title:_ }� �2e� G��, �� ".'c"=' Fees Due:$158 Received:$ a ` .. opkins v - � s • r: EHy anAv �} S vo f n Vicinity • Green d Exhibit A— ,, yellow and red �k �. Continued scrolling around building Front of Crystal Palace r r.= I ` f Artistic burlap covering Red/White stripes ,. 6'x12'flag hung over main doorway , Pipes ratchet strapped to tree �"` � To hold lig is projec ing gobo �I Green. yellow and red • , �. , " Holiday lights in trees Gobos projected on sidewalk c Scrolling across right • of Pipe and base on roof b M .1, 1+' m a• a Flag measuring 61x12' Exhibit A— Wlndows sc�,crollng� Hung from roof left side of G,, r,w�n,,yellow;and rod' Crystal .. Palace �I �I • klV 1 f�r �r,JGrtr k�al�wy+�b�ir �� a!f i/i� gax.. �vi Trees with green, And red holiday lights Holiday lights strung tight together In green, yellow, and red Description of Proposal and explanation of how proposed lighting effects comply with the review standards relevant to the development application: PROJECT: Private Athlete VIP Safe House during X Games Location: 300 E. Hyman Ave(Crystal Palace Building) Dates: January 24-27,2013 Hours: 6 pm— 1 am Temporary Use Only DESCRIPTION: Viva Beverage Co./Marley Beverages has leased the Crystal Palace Building during the X Games as a private X Games Athlete VIP House,known as the"Marley Safe House". Viva Beverages/Marley Beverage Co. along the Marley Family will be hosting invited VIP guests for 3 nights,January 25—27,2013. The house will feature an upscale lounge atmosphere with entertainment, food&beverage,games,graffiti wall art by Mad Steez,a collection of Bob Marley framed photos,and an athlete gifting suite. There will be no sales of any kind and security will be provided by Specialized Security Services. There will be no commercial signage of any kind. There will be 2—6'x12' Red,Green,and Yellow striped flags. One would hang horizontally over the front entrance from the 2nd floor balcony and the other would hang vertically from the 3rd floor roof above the"Owl painting". Windows will be curtained and softly lit from inside in red,yellow and green colors. There would be 2 concrete Lion statues flanking the entrance door on the sidewalk. The Lion statues would come out 2 feet onto the sidewalk and be approximately 12"wide. They would not impede foot traffic on the sidewalk and would be brought inside each night and put back outside at 11 am so not to impede snow removal. #14RLIT 1 - L MELLOWMOOD- 300 I PROPOSED REQUESTS: Approvals are being requested for the following exterior lighting features Q -4 below). All visual effects are being provided by Alchemy Audio Visual,Co. Contact: Justin Kosow Lighting Designer Alchemy Concert Systems www.AlchemyAVCS.corn Justin(,ci-)alclhem,yavcs.corn (970) 927-0515 Office (970)274-2141 Cell Exterior Lighting(see attached renderings—Exhibit A) 1. The 1 st of the proposed lighting features would be a gobo light projected on the right side of the Crystal Palace building,2nd floor. The gobo effect would be 15' high by 30' wide. It would be lit from 2 Leko Lights (SEE EXHIBIT B) mounted on a 12' pipe attached to the roof of the Crystal Palace annex building. 2 of the Leko Lights would project the words—RASTAFARI and RESPECT(on alternating nights). It would be a static projection with no moving lights. There would also be 3 (quantity)x 375 Watt Opti Par Lights(SEE EXHIBIT B) underneath the gobo up-lighting the wall in the colors red, green and yellow. Power for these lights would come from the Crystal Palace building 2nd floor balcony and be run via a single weatherproof cable 2. The 2nd of the proposed lighting features would be projected on the sidewalk in front of the Crystal Palace building. The effects would be 3' high by 8' wide. The effects would be lit from 2 Leko Lights mounted with brackets strapped to the tree in front of the Crystal Palace front door. The 2 Leko Lights would project the words—PEACE and LOVE. It would be a static projection with no moving lights. Power for these projectors would come from the Crystal Palace building 2nd floor balcony and be run via a single weatherproof cable, 12' over the sidewalk. The straps and lights will not hurt the trees and will be removed on January 28`h 3. The 3`d of the proposed lighting features would be to add colored twinkle lights to the 3 trees in front of the Crystal Palace building on Hyman Ave and to the 3 trees on the left side of the building on Monarch Street.These lights would go over the existing twinkle lights and be colored in alternating colors red, green, and yellow. The existing clear twinkle lights would be unplugged and the colored lights would be plugged into the power source at the base of the trees. 4. The 4`r'of the proposed lighting features would be to add colored twinkle lights to the left side of the building covering the"Owl Cigar painting". The lights would run horizontally like a curtain approximately 6"apart for each strand. Each strand would alternate red, green and yellow colors. They would be attached along the ledge over the painting and at the bottom of the building. Power for these lights would come from the 2nd floor balcony and be run via a single weatherproof cable along the ledge of the building. l EXHIBIT B LEKO LIGHT TO PROJECT LIGHTING EFFECTS ON SIDE OF BUILDING AND SIDEWALK—20"L x 8" W lop 375 WATT OPTI PAR LIGHT TO UPLIGHT GOBO EFFECT ON RIGHT SIDE OF BUILDING 2ND FLOOR,ABOVE ANNEX BUILDING.— 10"L x 6"W Sec. 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. See specs above in descriptions I -4 and in attached rendering(exhibit A). The size, design and visual impacts will be appropriate for the size of the 3 story building and will add vitality to the Crystal Palace building while sending a positive message. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. The proposed effects will compliment the character, density and use structures and uses in the immediate vicinity. There are currently fun colored lights in the trees in the area and holiday decorations on the buildings. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns,municipal services, noise levels and neighborhood character. The proposed temporary lighting effects will not impact pedestrian or vehicular traffic or municipal services, noise levels or neighborhood character. There will be no noise effects and the lighting effects will not be too bright. 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. The lights would be set up on January 24`"in the afternoon and taken down the morning of January 28th. They would be utilized for 4 nights from @ 6 pm—I am. E. The purposes and intent of the zone district in which the temporary use is proposed. 26.710.140. Commercial Core(CC). A. Purpose. The purpose of the Commercial Core (CC)Zone District is to allow the use of land for retail, service commercial, recreation and institutional purposes within mixed- use buildings to support and enhance the business and service character in the historic central business core of the City. The district permits a mix of retail, office, lodging, affordable housing and free-market housing uses oriented to both local and tourist populations to encourage a high level of vitality. Retail and restaurant uses are appropriate for ground floors of buildings while residential and office uses are not permitted on ground floors. 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. The Crystal Palace building has not had a long-term tenant in place recently so the lighting effects will add character and vitality to the area and zone district to help draw business and create buzz. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. The proposed lighting effects will enhance the general public health, safety and welfare by sending a positive message during the craziness of the X Games. It may keep people from acting in a negative manner or lift the spirits of locals and visitors in times of economic downturn. It is beneficial for the community to encourage companies to bring business to Aspen during the X Games and spend money on events and promotions with local restaurants and retailers which the applicant is also doing. Thank you very much for your consideration! Please let us know of any other information we can provide.