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HomeMy WebLinkAboutLand Use Case.960 N 3rd St.0041.2019.ASLUCOMMUNITY DEVELOPMENT CITY OF ASPEN CASE NUMBER 0041.2019.ASLU PROJECT ADDRESS 960 & 980 N THIRD ST PARCELID 273512129802 PLANNER JESSICA GARROW CASE DESCRIPTION ASPEN MUSIC SCHOOL BENEDICT MUSIC TENT TEMPORARY AND SEASONAL USE REPRESENTATIVE EARTH'S CALL FOUNDATION DATE OF FINAL 10/9/2019 ACTION CLOSED BY LILLY CULVER Permit type Ikslu Aspen Land Use Permit # 10041.20119ASLU Address 960 & 980 N THIRD ST Apt/Suite City IASPEN State CO Zip 181611 Permit Information Master permit Routing queue aslul5 Project Status pending D escription ASPEN MUSIC SCHOOL BENEDICT MUSIC TENT -TEMPORARY AND SEASONAL USE. Submitted STEPHANIE HOLLAND 508-981-3938 Clock Running Days F70 Submitted via Applied 05107/2019 Approved Issued Closed/Final Expires 05/01/2020 Owner Last name MUSIC ASSOCIATES OF AS First name 2 MUSIC SCHOOL RD ASPEN CO 81611-8500 Phone ( J - Address Applicant © Owner is applicant? ❑ Contractor is applicant? Last name MUSIC ASSOCIATES OF AS First name 2 MUSIC SCHOOL RD Phone ( ) Cust # 29073 ASPEN CO 81611-8500 Address Email Lender Last name First name Phone ( ) Address �zw((xI *- Qor7 � yapzr copy No teb�cals CITYOFASPEN Land Use Application Determination of Completeness Date: April 25, 2019 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 960 & 980 N 3rd St. (Aspen Music School, Benedict Music Tent), Temporary and Seasonal Use(PID 2735-121-29-802) and have reviewed it for completeness (and not compliance). ❑ Your Land Use Application is complete: Please submit the following to begin the land use review process. 1) Digital pdf of the entire application (via thumb drive, emailed files, or file sharing) 2) Review deposit of $650.00 (to be billed hourly). 3) One additional hard copy of the application. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2739 if you have any questions. Thank Yo , Garrett Larimer, <aRwr City of Aspen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No GMQS Allotments Yes No"I--- Qualifying Applications: New PD Subdivision, or PD (creating more than 1 additional lot) Residential Affordabl Housing Commercial E.P.F. P Lodging 130 South Galena Street Aspen, CO 81611-1975 1 P: 970.920.5000 1 F: 970.920.5197 1 cityofaspen.com • CITY OF ASPEN CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow, 429.2780 DATE: 4.2219 PROJECT: Aspen Music School, Benedict Music Tent extension (2019 Request) -PAvz:r .5 CAL-t.- FpuobATto0 REPRESENTATIVE: ag— TYPE OF APPLICATION: Temporary Use DESCRIPTION: The prospective applicant, Aspen Music Festival and School, currently has an approval for the seasonal use of the Benedict Music Tent, allowing events and operations from Memorial Day through Labor Day. An event, Earth's Call, is planning a special event on the Aspen Institute and Music Festival campus on May 18th, and are interested in using the Benedict Music Tent as part of the event. Because this is before Memorial Day, a Temporary Use approval, pursuant to Chapter 26.450, is required. If additional temporary structures are planned on the campus, these would also require a temporary use approval. Both can be approved administratively for seven (7) days. Additional time requires an extension and possibly City Council approval in a public hearing. It's urjportant to.note that this is separate from the temporary use review being completed for the Aspen Institute's Greenwcrld;Pavilion tent for the same event. Because the Benedict Music Tent is an existing structure and no changes are proposed to accommodate theevent, tiie;project is exempt from Commercial Design Review. If changes to the design are proposed , a Commercial Design Review, pursuant to Chapter 26.412 is required. for this tetnporar. period Additionally, depending ort the scope of additional temporary structures, a commercial design review may be. required. Regt�lirementsy Or Tefnpor�al�y Use Structures 26'4150°030. wit' erla app�lkbble to all temporary uses. =When consider`mg develgpment'application for a temporary use or an insubstantial temporary use, the y•1_i Community 1)eveliip"rrient"Director or City Council shall consider, among other pertinent factors, the following it afhy o,r any of them, relate thereto: AI The, 0c�`fiion, size, esign, operating characteristics and visual impacts of the proposed use. B.The compattbllity of=the proposed temporary use with the character, density and use of structures qnd uses ih thediate vicinity. C Thq irripacts 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. tau South Galena Stront Aspnn. CO 81611-197:i I P, 970.920.5000 11�! 9/0.920,5197 1 cilyofnspen.com 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. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.312 Commercial Design Standards 26.450 Temporary and Seasonal Uses Land Use Code: https://www.citvofaspen.com/191/MunicipaI-Code. Land Use Application: https://www.citvofaspen.com/DocumentCenter/View/1835/Land-Use-Application-Packet-2017. Review by: • Staff for complete application and approval, if seven days or less • Public hearing before City Council for approval, if for longer than seven days Planning Fees: $1,300 Deposit for 4 hours of staff time (additional planning hours are billed at a rate of $325/hour) Referral Fees: none Total Deposit: $1,300 To apply, first submit one copy of the following information: ❑ Completed Land Use Application and signed fee agreement. ❑ Pre -application Conference Summary (this document). ❑ Street address and legal description of the parcel on which development is proposed to occur. ❑ A letter or other approval from the property owner indicating they consent to the proposed use. ❑ Proof of ownership in the form of a title commitment or a letter from an attorney licensed in the state of Colorado ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 0 HOA Compliance form • ON1 ASPEN MUSIC FESTIVAL AND SCHOOL April 25, 2019 Jessica Garrow, AICP Community Development Director City of Aspen 130 S Galena St Aspen, CO 81611 Dear Ms. Garrow, This letter is to affirm that the Earth's Call Foundation is permitted to apply for a temporary use permit on the property owned by Music Associates of Aspen, Inc. (MAN at the following address: The Benedict Music Tent and Harris Concert Hall 980 and 960 North 3rd Street Aspen, CO 81611 Earth's Call Foundation has leased the use of (MAN property for the period of May 8-20 with a performance scheduled on May 181h. Terms of the lease have been included with this letter. Thank you, Keith C. Elder Vice President and General Manager Aspen Music Festival and School 225 Music School Road MAIN BOX OFFICE ONLINE Aspen, Colorado 81611. USA 970 925 3254 970 925 9042 AspenMusicFestival.com • • DocuSign Envelope ID: F045B995-FB68-4FFC-B6E8-00349FCFF100 Music Associates of Aspen, Inc. — Facility Lease This LEASE CONTRACT (hereinafter referred to as "Lease") entered into this 3's day of January, 2019 between Music Associates of Aspen, Inc. a Colorado corporation (hereinafter referred to as "MAM) and Earth's Call Foundation located at 3980 Broadway Street, Suite 103, PMB 221, Boulder, CO 80304 (hereinafter referred to as "Lessee"). Venue: Benedict Music Tent & Joan & Irving Harris Concert Hall Purpose: Presentation of Earth's Call Admission Charges: Private Event (No Admission will be charged) Lease Term: Wednesday, May 8, 2019 — Friday, May 17, 2019: Load in, set up, rehearsal Saturday, May 18a', 2019: Earth's Call Performance (Event time TBD) Sunday, May 19s', 2019: Film screening in Harris Hall Monday, May 201h, 2019: Load Out Benedict Music Tent, Film screening in Harris Hall TERMS OF CONTRACT: PREMISES MAA hereby leases to Lessee the premises commonly known as the Joan & Irving Harris Concert Hall and the Benedict Music Tent (hereinafter referred to as the "Hall") for the purposes of presenting Earth's Call and for no other purposes whatsoever, and including the use of the following appurtenances and equipment: stage and dressing rooms, rest rooms, entrance ways and properties (excluding MAA sound amplification equipment, stage lighting equipment, and recording studio) that are, in the opinion of MAA, ordinarily used for presenting as concert. MAA will also provide and supervise a maintenance crew with sanitary supplies. MAA will also provide the use of the front parking lot, and select parking spaces in the back parking lot. 2. PAYMENT. In consideration of the forgoing Lease, Lessee agrees to pay MAA the following amounts a. Rental of Premises —Lessee guarantees and agrees that the minimum amount to be received by MAA under the provisions of this subsection will be Ds; $75,000 plus expenses. To assure compliance with such guarantee, Lessee shall pay to MAA the guaranteed amount of ($50,000) upon execution of this �S contract but no later than February 15, 2019, and the remaining ($25,000) has already been paid to MAA in January 2018. In addition, any addendums or changes to the existing lease period as outlined above for the Hall will need to be made no later than February 28, 2019. b. Additional Charges. These charges which represent•costs incurred by MAA to present Lessee's program along with any remaining charges outlined above will be represented in a final invoice provided to Lessee by MAA following the conclusion of the event. Lessee acknowledges that this final invoice amount will be paid within 30 days of issuance. i. Rental of MAA's Sound Equipment — None provided. ii. Rental of MAA's Lighting Equipment — The use of the standard stage lighting presets of Hall and nothing additional. iii. Piano Usage— Theuse of the MAA Steinway Concert Grand (Model D) shall be available for Lessee use during the term of this lease. Lessee will be responsible for any and all damages that occur to the piano. Piano shall be used "as is". Should Lessee require piano technician services, Lessee must hire a piano technician from the MAA approved list of technicians and be responsible for their fee, travel expenses, and accommodations. iv. Stage Management and Stagehands: The use of an MAA Production/Stage Manager is required for the lease term, all work calls and events. In addition, a minimum of four (4) MAA stagehands will be required for all work calls and events at Lessee expense. Additional stagehands maybe requested to fill additional roles such as wardrobe crew and spotlight operators. v. House Manager — The use of an MAA approved house manager is required for any events with an audience. Additional required ushers at Lessee expense for Benedict Music Tent: four (4) ushers at each of the two (2) Hall side doors, eight (8) ushers at main Hall center entrance, eight (8) ushers on the floor (20 total ushers). It will be the responsibility of Lessee to recruit 20 ushers and provide names and contact information for Lessee ushers to the MAA House Manager no later than May 14, 2019. At all times during the terms of this Lease, the Lessee ushers, and Lessee will be responsible for prohibiting ANY and ALL, beverages and/or food items from entering the Hall with the sole exception of securely capped plastic water bottles that contain water. Lessee will be responsible for all expenses for House Management. MAA upon request will provide an estimate of cost. The estimate is an estimate and not what will be charged Lessee will be responsible for all actual charges billed following the event. vi. Paridng Crew: Lessee shall be responsible for all the expenses of parking attendants. MAA upon request will provide an estimate of cost. The estimate is an estimate and not what will be charged. Lessee will be responsible for all actual charges billed following the event. Five (5) parking spaces shall be reserved in the paved lot behind Benedict Music Tent for MAA Staff for all services and performances. vii. FaeWty/Stage Manager — The use of a facility/stage manager is required for the lease term. The facility/stage manager shall be compensated $25 per hour for work associated with Lessee's events. viii. Snow Removal (if needed) — Should snow removal services be necessary, $275 per removal will be charged to Lessee. ix. Cleaning Services —Normal cleaning services will be back charged at a rate of $36.00 per hour + 6.5% of total for an energy surcharge. x. Permits, lieeuses, fees — Lessee is responsible .for all advertising, promotional costs, "royalties, licenses, fees," as well as providing administrative support to assist MAA in obtaining all appropriate and required Citypermits for food, liquor, and any otherrights necessary to legally provide Lessee intended services for patrons and artists during this contract tern. Should the city ofAspen detemvne that separate food and/or liquor permits are required for Lessee's events on MAA grounds, then Lessee assumes all liability for securing said permits. Additionally, Lessee agrees to pay MAA for any fines or penalties assessed by the City of Aspen or other governmental agencies as a result of violations of noise control or any other regulations provided by this lease. 3. REPRODUCTIONS pregiam an agowed: Ne radie or- Wevisisik breade", inefien Vietive, or r-seeFilifig Aghts an 88filbrred by this beffie unless Bush rights an Parties agree Lessee can record and broadcast performance for non-commercial means. Lessee shall secure all rights from all parties and shall indemnify MAA from any litigation or action that stems from broadcast or recording. In the event Lessee wishes to • • DocuSign Envelope ID: F046B995-F868-4FFC-B6E8-CO349FCFF100 commercially use any piece of recording or broadcast, parties agree to negotiate terms separately. 4. ADVERTISING AND RIGHT OF PRIOR APPROVAL a. It is the intent and agreement of the parties that the program presented by the Lessee be advertised, promoted and presented so as not to reflect unfavorably upon the acknowledged long-standing cultural and civic reputation of MAA and the Aspen Music Festival & School. b. Lessee agrees not to use the names Music Associates of Aspen, Aspen Music Festival, Aspen Music School, and Aspen Music Festival & School in advertising or promoting the program and/or Lessee's productions, interest, and activities without prior written approval of MAA. c. MAA shall have the right, power, and authority to cancel this Lease on notice given in writing or orally if, in the sole opinion of MAA, the performances of whatever kind or nature scheduled for presentation on the leased premises contain, speak, or suggest, on or from the stage, or in any advertising, lines or scenes, or exhibitions, which are considered libelous, defamatory, vulgar, obscene, licentious, indecent, immoral, illegal, scandalous, objectionable or contrary to the policy of MAA or endangering the public safety. In forming its opinion, MAA shall employ similar standards of propriety as are employed by the national broadcasting networks under similar circumstances. 5. REHEARSALS Arrangements to use the leased premises for rehearsals are subject to rehearsals and/or programs previously scheduled and must be made with the Director of Production of MAA whose decision will be binding. MAA reserves the right to limit the number ofpersons who may come on the leased premises during any rehearsal. Unless otherwise provided in writing, no rehearsal may extend beyond 11:00 p.m. on any given night. Sound levels at rehearsals are subject to the same limits as sound levels at concerts as provided for under subsection 6.a of this Lease. 6. SOUND EQUIPMENT, SOUND CONTROL, AND CURFEW a. The following is an excerpt from the Municipal Code of the City of Aspen pertaining to specific sound standards and sound controls. The Lessee hereby assumes full responsibility for strict compliance with these requirements. Sec.16-4 Use district noise levels. (a) Maximum permissible sound levels: It shall be a violation of this chapter for any person to operate or permit to be operated any stationary source of sound in such a manner as to create a ninetieth percentile sound pressure level (L90) of any measurement period (which shall not be less than ten (10) minutes unless otherwiseprovided in this chapter) which exceeds the limits setforth forthefollowing receiving land use districts when measured at the property boundary or at any point within the property affected by the noise. Night Day Use District 10: 00 p.m.-7: 00 a.m. 7: 00 a.m.-10: 00 p.m. Residential 50 dB(A) SS dB(A) b. No rehearsal, performance, or event may extend beyond 11:00 pm. c. Lessee agrees that this Lease is subject to the foregoing provisions relating to sound control and curfew quoted above and to fully comply therewith, and agrees to hold MAA and the City of Aspen and their respective agents and employees harmless from any liabilities or damages resulting from a violation thereof, including specifically, but without limitation, any penalties imposed as a result of any allegations by the City of Aspen that such provisions have been violated, and any damages resulting directly or indirectly from a shutdown of the sound system or other termination of the performance by reason of the above provisions. Lessee authorizes MAA to withhold any funds of Lessee held byMAA until the City has confirmed that no violations have occurred, and to deduct therefrom the amount of any penalty imposed by the City of Aspenpe4%nt �t�It of an alleged failure of Lessee to comply with the restrictions set forth relating to sound controls or ci0r, whether or not the Lessee is in a with such allegations. d. Lessee, bywriting the word "yes" in the space provided herein: and its initials: acknowledges and confirms to MAA that it has read and fully understands the provisions with respect to its sound control and curfew set forth above and the potential liability resulting to MAA and Lessee from a failure to comply therewith. INDEMNIFICATION AND INSURANCE a. Lessee hereby agrees to indemnify and to save and hold harmless MAA, and its agents and employees, against all lossand/or damages to the leased premises, the buildings thereon and fiamishings thereof, incurred while said premises are used by or are under Lessee's control, and against all claims by any person for personal injury and or damage to property occasioned by and/or in connection with Lessee's use of said premises. b. Lessee agrees to take out and keep in full force and effect during the term hereof, at Lessee's expense, commercial general liability and property damage insurance with limits for bodily injury and property damage of no less than $1,000,000. The said policies shall name MAA as an additional named insured as its interest may appear, and certificates stating such coverage shall be provided to MAAno. later than the la of May, 2019. Lessee agrees to pay all premiums, costs, and expenses of providing such insurance. Lessee will provide MAA with evidence of Workers Compensation Insurance policies covering persons employed by Lessee. 8. RESTORATION OF PREMISES Lessee shall be responsible for all costs of cleaning and clearing the stage area immediately after performance. Lessee agrees that within twelve (12) hours of the expiration, or sooner termination of this Lease, any and all equipment erected on the leased premises by Lessee will be removed and Lessee will quit and surrender the premises to MAA clean and in as good order and condition as when taken. MAA shall have therightto charge Lessee a storage charge for equipment or other items not removed from the premises within that time: All storage will be at the risk of the Lessee. 9. POSTPONEMENT AND TERMINATION a. If the premises are rendered unfit for occupancy by Lessee during the term of this Lease by reason of fire, earthquake, flood, or other action of the elements, public calamity, war, or by order of competent civil or military authority, this Lease may be terminated by either party and MAA shall refund to Lessee all sums paid under this Lease except such portions of the amounts paid pursuant to Paragraph 2 of this Lease as MAA may have expended or committed. For the purpose of this subsection, rain, snow or bail shall not be deemed an "action of the elements." b. If Lessee fails to presentany performance or programs for reasons other than those listed above in section 9.a, the amounts paid or owed pursuant to Paragraph 2 of this Lease shall be nonrefundable to Lessee. In any event, the amounts paid pursuant to subsection 2.a of this Lease shall be retained by MAA as consideration for the execution of this Lease. 10. ASSIGNMENT AND SUBLETTING 0 DocuSlgn Envelope ID:F046B995-F868-4FFC-B6E6-CO349FCFF100 Lessee shall not have the right, without written consent of MAA, to assign this Lease, or any part thereof, or any of Lessee's rights thereunder, nor sublet the whole or any part of the leased premises or to assign space or rights on the leased premises to any person, firm or corporation, for concession purposes. Any attempt by Lessee to do so shall constitute a breach of this agreement. MAA reserves the right to exclude from the premises any and all persons attempting to exercise any right or privilege under any attempted assignment by Lessee. 11. REMEDIES This Lease shall be deemed to have been made in the State of Colorado and its validity, construction, performance, any breach thereof, and its operation, shall be governed by the laws of the State of Colorado applicable to contracts to be performed in Colorado. All persons comprising Lessee, together with assignees, should MAA elect to treat said assignees as tenants, are to be held and hereby agree to be held jointly and severally responsible for the payment required hereunder and faithful fulfillment of all the covenants, terms and conditions of this Lease. In the event of litigation involving this Lease, the prevailing party shall be entitled to reasonable attorney's fees and all costs. 12. COMPLIANCE WITH LAWS a. Lessee shall acquaint itselfwith all laws, ordinances and regulations which affect or relate to the rehearsals and/or performances contemplated, including those rights of adjoining property owners and residents, and any agreements between MAA and home owners adjacent to the Premises, and shall comply with all such laws, ordinances and regulations as may be in effect when Lessee uses the leased premises. All decorations, drapes, curtains, electric wiring structures, scenery, etc. furnished or erected by Lessee shall comply with all laws, ordinances and regulations related thereto. b. Lessee shall comply with all labor laws and regulations of labor as are applicable to operations on and related to the premises and agrees to hold MAA harmless and to indemnify MAA for any and all liabilities incurred by reason of Lessee's non-compliance. 13. CONSTRUCTION AND EFFECT a. Time is of the essence hereof. Each and every condition and covenant of this Lease and addenda or exhibits attached hereto is a material part of the consideration of this Lease. Lessee acknowledges that it has read all such provisions (the titles of which are not deemed to limit or extend said provisions) and agrees to be bound by the provisions included therein. Any violation of any of the conditions or covenants by Lessee shall entitle MAA to forthwith enter upon the leased premises and remove all persons and property therefrom. b. The terms set forth in this Lease and addenda or exhibits attached thereto constitute the entire agreement between the parties hereto. Lessee represents that no person acting or purporting to act on behalf ofMAA has made any promises or representations upon which Lessee has relied except those expressly stated herein. This Lease may only be altered by written instrument executed by both Lessee and MAA. 14. PROHIBITIONS. Lessee shall not: a. Drive any nails, screw, tacks, pins, or other objects into the floors, walls, ceilings, partitions, doors, door or window casings or wood work of the buildings, or improvements on the leased premises, and shall not in any manner change or move any fixture, exceptthose authorized inwriting by MAA. b. Change the topography or the buildings or improvements on said premises, or erect or install any stand, platform, booth, partition, railing, enclosure, structure, sign or decoration, or post or publish any signs or placards, or arrange for the distribution of heralds, cards, or literature of any kind, unless a plan or description thereof has been supplied to MAA and approved by it in writing. c. Permit alcoholic beverages to be bought, sold, consurned or brought upon the leased premises during the time said premises are used or are under control of Lessee, other than allowed by law. d. Sell tickets of admission to any areas not customarily used for the public or permit the public to enter the stage or backstage area of the premises. e. Overload any floor, ceiling or wall thereof or the gridiron or hanging equipment or any other fixture therein. L Place any additional lock of any kind upon any window or interior or exterior door of the Premises or make any change in any existing door or window lock or the mechanism thereof unless expressly permitted in writing to do so and unless a key therefor is maintained by MAA. 15.NHSCELLANEOUS MAA reserves free access to all parts of the leased premises during the term of this Lease for all employees it may use and/or in connection with the operation of its concessions and/or for such employees, officers and directors as MAA deems necessary for the proper control and management ofsaid premises. IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed in Aspen, Colorado the day and year first above written. LESSEE: EARTH' S CALL FOUNDATION BY: DoouStpned by: CANGE00958845A.•. Roger Saillant President LESSOR: MUSIC ASSOCIATES OF ASPEN, INC. BY: L Docuuftnedd by: {rllW ej' ,� fln7CiNSPAMPAGS Keith Elder Vice President and General Manager 1/29/2019 Date Ds GS Ekni6us6 Dwuftnedby: ���(� y 1/29/2019 " 4 1/29/2019 2573AOBECDC8405... Date Christopher Slaughter Date Director of Production • 0 � Parcel Detail http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumbe... i i Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Man I GIS Help Basic Building Characteristics I Value Summary Parcel Detail I Value Detail Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax I Parcel Property 2018 Mill Area I Number Type Levy 001 R013680 273512129802 DPT EXEMPT 36.047 Primary Owner Name and Address Additional Owner Detail Business Name HARRiS HALL & MUSIC TENT Legal Description Subdivision: ASPEN MEADOWS Lot: 2 Location Physical Address: 960 N THIRD ST ASPEN Physical Address: 11980 N THIRD ST ASPEN Subdivision: ASPEN MEADOWS Land Acres: 18.270 1 of 2 4/24/2019, 3:48 PM •"ASPEN MUSIC FESTIVAL AND SCHOOL Street address and description: The Benedict Music Tent 980 North 31d Street Aspen, CO 81611 This venue is a performance venue space owned by Music Associates of Aspen, Inc. intended for presenting a variety of different productions for the public. Ownership letter matches ownership on record as depicted on the Amended Plat, Amendment #8, recorded in Book 92, Page 97. -Garrett Larimer 4/25/19 COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE PACKET Tiu: Cris• ov Asl�n Attached is an Application for review of Development that requires Land Use Review pursuant to The City of Aspen Land Use Code: Included in this package are the following attachments: Development Application Fee Policy, Fee Schedule and Agreement to Pay Application Fees Form 2. Land Use Application Form 3. Dimensional Requirements Form (if required) 4. HOA Compliance Form 5. Development Review Procedure All Application are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the internet at www.cityofaspen.com, City Departments, City Clerk, Municipal Code, and search Title 26. We require 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. This meeting can happen In person or by phone or e-mail. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, inefficiencies, 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, contact Planner of the Day, or consult the applicable sections of the Aspen Land Use Code. November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090 • ❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. ❑ Pictures of the proposed structure. ❑ 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. ❑ An 81/2" by 11" vicinity map locating the parcel within the City of Aspen. Once the copy is deemed complete by staff, the following items will then need to be submitted: ❑ A complete digital copy of the application, including all items listed above. ❑ Total deposit for review of the application. 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. • • Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City Departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative — meaning an application with multiple flat fees must be pay the sum of those flat fee. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff time is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amount may be reduces if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount.shall be made during the pre -application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant's request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final and recordation of approval documents shall be handled as individual cases for the purpose of billing. Upon conceptual approval all billing shall be reconciled and past due Invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final submission. Upon final approval all billing shall be again reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 days or more past due may be assessed a late fee of 1.7% per month. An unpaid invoice of 120 days or more may be'subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, and unpaid invoice of 90 days or more days may result in cessation of building permit processing or issuance of a stop work order until full payment Is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 509U LAND USE APPLICATION Project Name and Address: �AizTNJS L RU5aJJT 1T'1oJJ 4+ q60 Parcel ID# (REQUIRED) ra 0a1rd.1.1Yfl Name: Address: Phone #: Earth's Call Foundation c/o Reback Lee & Company, Inc 1275 Los Angeles CA 90025 3108207600 email: _ earthscallevent@gmail.com REPRESENTIVATIVE: Name: Stephanie Holland - Address: 272 M. St Sw, Washington DC 20024 Phonem 508.981.3938 email: sholland 1 WEDgmail.com Description: Existing and Proposed Conditions Opening the Benedict Music Tent May 8th. Set up an rehearsals for an event on Saturday, May24. Review: Administrative or Board Review Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? FEES DUE: $ 1300 1771 Pre -Application Conference Summary 0 Signed Fee Agreement 0 HOA Compliance form Q All Items listed in checklist on PreApplication Conference Summary November 2017 City of Aspen 1 130 S, Galena St. 1 (970) 920 S090 NOTICE OF APPROVAL FOR AN INSUBSTANTIAL TEMPORARY USE APPROVAL FOR USE OF THE BENEDICT MUSIC TENT EARLIER THAN PREVIOUSLY APPROVED, AT THE ASPEN MUSIC FESTIVAL CAMPUS, LEGALLY DESCRIBED AS LOT 2 OF THE ASPEN MEADOWS SUBDIVISION, COMMONLY KNOWN AS 960 & 980 N. THIRD STREET Parcel ID: 2735-121-29-802 APPLICANT: Earth's Call Foundation, 3980 Broadway St., Suite 103 PMB221, Boulder, CO 80304 REPRESENTATIVE: Earth's Call Foundation, 3980 Broadway St., Suite 103 PMB221, Boulder, CO 80304 SUBJECT & SITE OF APPROVAL: Temporary and Seasonal Use, Lot 2, Aspen Meadows Specially Planned Area (SPA), 960 & 980 N. Third St., Aspen, CO 81611 SUMMARY: The applicant is requesting Temporary and Seasonal Use approval to allow for use of the Benedict Music Tent for the "Earth's Call 2019" event on May 18th. Ordinance no. 38, Series of 1998 approved seasonal use of the Benedict Tent between Memorial Day and Labor Day every summer season. Since the "Earth's Call 2019" event falls outside the approved seasonal approval, temporary use approval is required. STAFF EVALUATION: The applications requested Temporary and Seasonal Use review and approval for an event on May 181h with set-up and tear down before and after the event. The event is less than seven days and may be approved by the Community Development Director as an Insubstantial Temporary Use. Staff has found the application to meet the review criteria for a temporary use structure and finds the request to be consistent with the purpose and use of the Aspen Music School and surrounding properties. The impacts on the surrounding neighborhood will be minimal, only one event is included in the request and the event is consistent with what one would expect at the the Benedict Music Tent. • • The Aspen Music School and the Events held on the Aspen Institute Campus are beneficial to the community and this request helps to further the purposes of this Specially Planned Area. Commercial Design Review is exempt for this request as no design alterations are proposed. The Aspen Meadows Specially Planned Area (SPA), which included the Aspen Music School property and Benedict Music Tent, are considered essential public facilities and no affordable housing mitigation is required for the temporary use approval. DECISION: The Community Development Director finds the Administrative Application for an Insubstantial Temporary and Seasonal Use as noted above to be consistent with the review criteria (Exhibit A) and thereby, APPROVES the request. A PROVED BY: AV Z� jdmmunity sica Garro Date D elopment Director Attachments: Exhibit A — Temporary and Seasonal Use Review Criteria (not recorded) Exhibit B — Growth Management Review Criteria (not recorded) Exhibit C — Commercial Design Review Criteria (not recorded) Exhibit D — Commercial Design Exemption Form (not recorded) Exhibit E — Application (not recorded) W AM'AMA AOWNWA LL ,WWWWO /A U ri cy �V L 1F. MA� E O LL O a E w X LU -o Q Q U a a f L- a) c 0 N O m w 0 M W o. 0 u to 0 z O 41 u a) c a) E Q. O 41 a) >. c 7 E E O Cj c v L m Os O-0 �•� Cs L � N N , C Co O-0-0 Q'> 3 m r- mw oc O y m OO 3�'N O a_o N c C N V N V C_ 6 L U E 0--u In . C '^+ O O._ Q) �U i OOt L L U O 0 O N •� c O QO O u > x U '- T U Q c a) O y Q O yo H C ` C C •� V O m � EOp� m X Q.- O O a) a°' V)s0T O m O O E u In osUO°1 0 Z • T U cc� O 70 � O (n O O Q CL O (z -0-r- O U c _�� T O O W (z .T) O N Q Q Q c � O � N O O U Q U — O C:cz Q c Q G Q) U O 6 T5 O Q) -0 Co _0 (1) a) U) V) Q) =3 O O U •� U) 0 CZ Z (1) cOn —Q Q N T ON N a D�cl C O +� 0 c y N m cLo N C 0 N V Q y LO C N y i a Y Q C l y N E N O N O y X 3 � •C l 'O N O O U) W ya°)y Em O a) d — V J O L N O N •� ` a cc c N 0 X a) w w v o M m- p y U y c c E �L Q a+ cr E s u 0) C m o c c O m N N 7 E v -0 C J m N v rn C _C � 0 0 u C O N m O O u m T u T m a) L O ; -O —T a > E E E �° �° c o v E O a d C v y L � � J t N � 2 L y d C N N > 0 > m 'V >. C > O E °- U N 0 X N C V O 'u � Q E C O r .Q m E 4 m x .. d v L Q Y N a; E za u • 0 Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and ^I � !9 �i�� ASt' N, eo Ple set a or rint In all caps Address of Property: �� Al/�/ Property Owner Name: M1AS IC- ASSA-,i IQs or-*P epresentative Name (if different from Property Owner) Billing Name and Address - Send Bills to: Earth's Call Foundation c/o Reback Lee & Company, Inc. 1275 Los Angeles, CA 90025 Contact info for billing: e-mail: tvbubbles@me.com Phone: 917-817-2320 1 understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and 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. $, fiat fee for $. flat fee for $. flat fee for $. 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 no -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 and 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 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Jessica Garrow, AICP Community Development Director City Use: Fees Due: $ Received $ Case # Signature: PRINT Name: Stephanie Holland Title: Acting CEO (November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the Property owner or Attomey representing the property owner. Property Name: Mt.(sTG Owner ("I" ): Email: !, P Phone No.: �7 ,) Z05 —50f-0 Address of 0 N �j^"BIZ-�:E`4" Property: q � s� Co$l iv I i (subject of application) I certify follows: (pick one) This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. +� Owner signature: ���'—� — f date: 2 ` Owner printed name: J<eXTH Lt>�R or, Attorney signature: date: Attorney printed name: November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090 DEVELOPMENT REVIEW PROCEDURE 1. 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 application and the appropriate processing fee to the Community Development Department. 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, it will be reviews by the staff for compliance with the applicable standards of the Code. 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. A memo will be written by the staff member for signature by the Community Development Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. 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. Staff will 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 staff has determined that your application is eligible for the requested amendment or exemption. 5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The applicant will be required to nail notice (one copy provided by the Community Development Department) to property owners within 30 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) .days prior to the hearing date (please see Attachment 6 for instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staffs memo approximately 5 days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public comment, and the reviewing board's questions and decision. (Continued on next page) November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 .5090 0 0 6. Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed into Building Permit Application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, 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 be reviewed and recorded before a Building Permit is submitted. November 2017 City of Aspen 1 130 S. Galena St, 1 (970) 920 5090 n �J r� Stephanie Holland Earth's Call Foundation 12400 Wilshire Boulevard Suite 1275 Los Angeles, CA 90025 Thursday, April 25, 2019 Jennifer Phelan Community Development Department Deputy Planning Director City of Aspen 130 S. Galena St. Aspen, CO 81611 Dear Jennifer Phelan: The "Temporary Use Permit Application" currently under review is requesting temporary use of the Benedict Music Tent (same tent, tent location) to use the tent for the May 2019 Earth's Call event. The event days will be from Tuesday, May 14`' — Monday, May 20'', with the primary event in the Benedict Music Tent taking place on Saturday, May 18'. Load -in to Benedict Music Tent May 8`' — May 17' Concert May 18`h Event Load Out May 19' 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. i. Benedict Music Tent, 960 + 980 N Third Street, Parcel ID#: 2735- 12121-9802, Aspen, CO ii. Existing. iii. Operating Characteristics are for the use of concert or presentation style events for up to 2,000. 0 0 Jennifer Phelan Thursday, April 25, 2019 Page 2 B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. i. During the summer season, there is regular public use of this tent. Opening it one week early does not impact the character, density or use of the structure other than allowing the tent to be in use prior to the dates as written. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. i. Same as regularly scheduled events at the Benedict during summer months. 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. i. The request is to begin load -in to the tent on Wednesday, May 8"', with setup and rehearsals taking place through Friday, May 17"', with the event taking place on Saturday, May 18`h and load -out on Sunday, May 191'. The tent will remain intact for regularly scheduled summer events. E. The purposes and intent of the zone district in which the temporary use is proposed. 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. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. i. The Earth's Call event is supported by the use of the Benedict Music Tent, like many other summer public events are beneficial to and supportive of the Aspen Community. Sincerely, Stephanie Holland Earth's Call Foundation