HomeMy WebLinkAboutLand Use Case.110 E Hallam St.0066.2005.ASLU
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City of Aspen Community Development Dept.
CASE NUMBER
0066.2005.ASLU
PARCEL 10 NUMBER 2737-07-3-13-801
PROJECT ADDRESS 110 E HALLAM ST
PLANNER
BEN
GAGNON
CASE DESCRIPTION RED BRICK ARTS & RECREATION CENTER PUD AMENDMENT/
REPRESENTATIVE RICHARD SPENCER 970-920-1727
DATE OF FINAL ACTION 9/20/2005
CLOSED BY Denise Driscoll
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MEMORANDUM
TO:
Joyce Allgaier
FROM:
Ben Gagnon
RE:
Red Brick Addition + Remodel-- Insubstantial pun Amendment
DATE:
Sept. 20, 2005
SUMMARY:
Willis Pember Architects, representing the Red Brick Arts and Recreation Center,
is requesting an Insubstantial PUD Amendment for the Red Brick Arts and
Recreation Center at 110 E. Hallam, to allow a conference room, lounge/gallery
and storage area, for an approximate total of 1,018 square feet, located at the west
end of the building, bordering Garmisch Street.
ApPLICANT:
Red Brick Arts and Recreation Center, represented by Willis Pember Architects.
LOCA nON:
Red Brick Arts and Recreation Center; 110 E. Hallam.
ZONING:
PUB
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
REVIEW PROCEDURE:
Insubstantial amendments to an approved PUD may be approved by the Community
Development Director, pursuant to Land Use Code Section 26.445.100 (A), PUD
Insubstantial Amendments.
RECOMMENDA nON:
Staff recommends the Community Development Director approve this Insubstantial
PUD Amendment to allow the Red Brick Arts and Recreation Center to build an
addition to include a conference room, lounge/gallery and storage area.
ApPROVAL:
I hereby approve this Insubstantial PUD Amendment for the Red Brick Arts and
Recreation Center to build an addition and remodel at the west end of the Red Brick
Arts and Recreation building, finding that the review criteria have been met.
~~~; date qj:z.O/05
Joy e Allgaier, ommunity Development Deputy Director
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Exhibit A
Review Criteria & Staff Findings
26.445.100 Amendment of PUD Development Order
A. PUD Insubstantial Amendments
An insubstantial amendment to an approved development order for a final development
plan may be authorized by the Community Development Director. The following shall
not be considered an insubstantial amendment:
1. A change in the use or character of the development.
Staff Finding: The additional conference room, lounge/gallery and storage area are all
enhancements to the existing use and character of the Red Brick Arts and Recreation
Center. The additions are common spaces to be used by existing and future tenants, and
do not represent a change in the use or character of the development. Staff finds that the
proposal does not trigger this criterion.
2. An increase by greater than three (3) percent in the overall coverage of structures on
the land
Staff Finding: The existing square footage of the Red Brick Arts and Recreation Center is
35,227, while the proposed addition is 1,018 square feet, or less than a three (3) percent
increase in the overall coverage of structures on the land. Staff finds that the proposal
does not trigger this criterion.
3. Any amendment that substantially increases trip generation rates of the proposed
development, or the demandfor public facilities.
Staff Finding: This proposal provides additional common spaces, and enhances
communal amenities for existing tenant-space. There is no additional space intended to
accommodate additional tenants. Staff finds the proposal does not trigger this criterion.
4. A reduction by greater than three (3) percent of the approved open space.
Staff Finding: The 1993 PUD for the Red Brick Arts and Recreation Center established
no minimum requirement for open space at this site. Staff finds that the proposal does not
trigger this criterion.
5. A reduction by greater than one (1) percent olthe offstreet parking and loading
.\pace.
Staff Finding: The proposal does not reduce off-street parking. Staff finds that the.
proposal does no! trigger this criterion.
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6. A reduction in required pavement widths or rights-of-way for streets and easements.
Staff Finding: The proposal does not reduce pavement widths or right of way for streets
and easements. General improvements include a continuation of the existing sidewalk on
E. Hallam St. around the southwest corner of the property and onto Garmisch Street.
Staff finds that the proposal does not trigger this criterion.
7. An increase of greater than two (2) percent in the approved gross leasable floor area
olcommercial huildings.
Staff Finding: The additional space is to be used as common space and does not represent
an increase in leasable floor area. Staff finds that the proposal does not trigger this
criterion.
8. An increase by greater than one (1) percent in the approved residential density olthe
development.
Staff Finding: The proposal does not include any residential uses. Staff finds that the
proposal does not trigger this criterion.
9. Any change which is inconsistent with a condition or representation olthe project's
original approval or which requires granting a variationfrom the project's approved use
or dimensional requirements.
Staff Finding: The proposal is consistent with the project's original approval and does not
require the granting ofa variation from the project's approved use or dimensional
requirements. Staff finds that the proposal does not trigger this criterion.
NOTE: Ordinance #37 of August 1,2000 and the Extension of Vested Rights Resolution
#88 of2003 approved a proposal to add a snow-shed canopy and a conference room of
546 s.f. The snow-shed canopy was constructed, but the conference room addition was
never built.
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DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section
26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights",
of the City of Aspen Municipal Code. This Order allows development of a site specific
development plan pursuant to the provisions of the land use approvals, described herein.
The effective date of this Order shall also be the initiation date of a three-year vested
property right. The vested property right shall expire on the day after the third
anniversary of the effective date of this Order, unless a building permit is approved
pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a
revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of
vested property rights, this Order shall remain in full force and effect, excluding any
growth management allotments granted pursuant to Section 26.470, but shall be subject
to any amendments to the Land Use Code adopted since the effective date ofthis Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Citv of Aspen, c/o Red Brick Arts and Recreation Center, 110 E. Hallam St. Aspen, CO 81611,
920-7477
Property Owner's Name, Mailing Address and telephone number
Parcel ro # 2735-073-13-801. at 110 E. Hallam St.
Legal Description and Street Address of Subject Property
Insubstantial Planned Unit Development (PUD) Amendment for the construction of an addition
including a conference room, lounge/gallerv and storage area at the west end of the Red Brick
Arts and Recreation Center, 100 E. Hallam St.
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Citv of Aspen, Communitv Development Deputv Director, administrative approval of
Insubstantial PUD Amendment on Sept. 20. 2005: 26.445.100.
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
Sept. 25, 2005
Effective Date of Development Order (Same as date of publication of notice of approval.)
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Sept. 26. 2008
Expiration Date of Development Order (The extension, reinstatement, exemption from
expiration and revocation may be pnrsued in accordance with Section 26.308.010 of the City
of Aspen Municipal Code.)
Issued this 20th day of September, 2005, by the City of Aspen Community Development
Deputy Director.
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To: City of Aspen
From: Ed Sadler, Asst. City Manager
Subject: Authorized agent for Red Brick remodel
Date: September 1,2005
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Please accept this memo as authorization for Willis Pember Architects to act as the agent
for the City of Aspen (owner) to act as the agent for the owner for the specific purposes
of the proposed remodel and addition work for the west end of the Red Brick building
(110 E Hallam), in Aspen, CO.
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PRIVACY POLICY NOTICE
PURPOSE OF THI.S NOTICE
Title V of the Gramm-Lcach-Bliley Act (GLBA) gcnerally prohibits any tinancjpJ instimtion, directly
or through its affiliate., from sharing nonpublic personal infonnation about you with a nonaffiliated
third party Wl.less the institution provides you with a notice of its privacy policies and practices, such
as the type of information that it collects about you and the categories of persons or entities to whom
it may be disclosed. .In compliance with the GLBA. we are providing you with thIS document, which
notifies you of the privacy policies and practices of Stewart Title of Aspen, Ine. and Stewart Title
Guaranty Company
We may collect nonpublic personal infonnatioD about you from the following source.:
. Information we receive from yout such as on applications or other fonns.
. Information about your transactions we secure from our files, or from our affiliates or others.
. Information we receive from a consumer reporting agency.
. Information that we receive from otbers involved in your transaction, such as the real estate
agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal infonoation will be collected about you.
.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or fonner customers to the following
types of nonaffiliated companies that pcrfonn marketing services on our behalf or with whom we have
joint marketing agreements:
. Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
. Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLlC PERSONAL INFORMATION ABOUT YOU WITH
ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know
that infonnarioD in order to provide products or services to you. We maintain physical. electronic,
and procedural safeguards that comply with federal regulations to guard your nonpublic personal
infnrmation..
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rill.' Number: 44(XJI
Srev...-nn litle of Aspim Inc,
Privacy Polie)' Notice
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To: Richard Spencer.N\PA Pe.ge 9 of 10
2005-07-2915:41:251 (GMT)
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DISCLOSURES
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Pursuant to C.R.S. 10,11-122, notice is hereby given that:
A. The subject real property may be located in a Special Taxing District;
B. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained fonn the County Trcasltrer or the County
Trca,urer's authorized agent;
C. Infonnation regarding Special Districts and the boundaries of such districts may be obtained from the Board of
COllllty Commissioners, the County Clerk and Recorder, or the County Assessor.
Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity
shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity
conducts the dosing and is responsible for recording or filing of legal documents resulting from the transaction
which was dosed." Provided that Stewart Title of Aspen, Inc. conducts the dosing of the insured transaction and
is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the
Owner's Title Policy and the Lender's Title Policy when issued.
Note: Affmnative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No.4
of Schedule B, Section 2 of the Commitment form the Owner's Policy to be issued) upon compliance wiih the
following conditions:
. A.
B.
C.
D.
E.
The land descrihed in Schedule A of this cmnmitment must be a single family residence, which includes a
condominium or townhouse unit.
No labor or materials have been furnished by mechanies or materialmen for purposes of construction on the
land described in Schedule A of this Commitmcnt within the past 6 months.
The Company must receive an appropriate affidavit indemnifying the Company againstlillfiled mechanic's
and materialmen's liens.
The Company must receive payment of the appropriate premium.
If there has been construction, improvcmcnts or major repairs undertaken on the property to be purchased,
within six months prior to the Date of Commitmcnt, the rcquiremcnts to obUlin covemge for unrecorded
liens will include: disclosure of certain construction information; fInancial infonnation as to the seller, the
builder andlor the contractor; payment of the appropriate premium; fully executed Indemnity agrcements
satisfactory to the company; and, any additional requirements as ma} be necessary after an cxamination of
the aforesaid information by the Company.
No coverage will be given under 3IlY circumstances for labor or material for which the insured has contracted for OJ
agreed to pay.
NOTHl]~G HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPA.."iY TO PROVDE ANY
OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY
SATISFIED,
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File NUBllwr. 44001
St~wart Title of Abpe~ Int;.
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To: Richl!l.rd SpencerN\PA Page e of 10
2005-07-2915:4129 (GMT)
18667280291 From: Stewert Title of Aspen
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affecting the following described property: Properties found in Block 64 and 71 of the City
and Townsite of Aspen.
II. Terms, conditipns, obligations and provisions of Resolution No. 00-35 (Series of 20(0) of the
City of Aspen Planning and Zoning Commission recorded May 30, 2001 as Reception No.
454916.
12. Terms, conditions, obligations and provisions of Ordinance No. 29 (Series of 1978) vacating
the alley in Block 64, Original Aspen Townsite and a portion of the alley in Block 71,
Original Aspen Townsite recorded December 10, 2001 as Reception No. 461615.
NOTE: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Aniele VII
requires that "Every title entity shall be responsible for all matters which appear of record
prior to the time of recording whenever the title entity conducts the closing and is responsible
for recording or filing oflegal document~ resulting from the transaction which was closed."
Provided that Stewart Title of Aspen, Inc. conducts the closing of the insured transaction and
is responsible for recording the legal documents from the transaction, exception number 5
will not appear on the Owner's Title Policy and the Lender's Policy when issued.
NOTE: Policies issued hereunder will be subject to the terms, conditions, and exclusions set
forth in the ALTA 1992 Policy form. Copies of the 1992 fonn Policy Jacket, setting forth
said terms, conditions and exclusions, will be made available upon request.
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SCHEDULE B - Section 2
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EXCEPTIONS
Order Number: 44001
The policy or policies to be issued will contain exceptions to the following unless the same
are disposed of to the satisfaction of the Company:
] . Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts
which a correct survey and inspection oftbe premises would disclose and which are not
shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing
in the public records or attaching subsequent to the effective date hereof, but prior to the date
the proposed insured acquires ofrewrd for value the estate or interest or mortgage thereon
covered by this commitment.
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6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the
issuance thereof; water rights, claims or title to water.
7. Any and all unpaid taxes and assessments and any unredeemed tax sales.
The effect of inclusions in any general or specific water conservancy, fire protection, soil
conservation or other district or inclusion in any water service or street improvement area.
8. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for
tbe City and Townsite of Aspen recorded March I, 1897 in Book 139 at Page 216 as
Reception No. 60156.
9. Easement and right of way to construct, maintain and repair underh'l"Ound sewer collection
pipelines as granted to Aspen Sanitation Dist.ict by School District No. I, RE in the
instrument recorded September 4, 1957 in Book 182 at Page 251 as Reception No. 105513,
affecting the following described property: Lots A-I, Block 64 and Lots A and B, Block 71,
City and Townsite of Aspen.
10. Easement and right of way for installing, operating maintaining, replacing and improving
public utilities as granted to The City of Aspen by Aspen School Distric! RE-l in the
instrument recorded December 18, 1978 in Book 359 at Page 900 as Reception No. 210024,
.
To: Richard SpencerMIPA Page ti ot 1U
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SCHEDULE B - Section]
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REQUIREMENTS
Order Number: 44001
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagoJ"ll of the full
consideration for the estllte or interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed
and duly filed for record, to wit:
I. This Title Commitment is for information purposes only and no Policy will be issued.
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To: Richard Spe'1cerf'/IEJA Page 6 of 10
2005-07-2915:41:29 (GMT)
19667280291 From: Stewart TItle of Aspen
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EXHIBIT "A"
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PARCEL A:
Lots A through I and Lots K through S, together with and including a certain strip ofland as an
alley extending through or between said lots,
Block 64,
CITY AND TOWNSITE OF ASPEN
PARCEL B:
Lots E, F, G and Fractional Lots A, Band C, EXCEPT that portion of Lot G conveyed to the City
of Aspen by Deed recorded October 16, J 973 in Book 177 at Page 606 as Reception No. 100504.
Block 71,
CITY AND TOWNSITE OF ASPEN
County of Pitkin, State of Colorado
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To: Richard SpencerlV\oPA Page 4 of 10
200&-07.2915:41:29 (GMT)
1 8667280291 F~om: Stewen I rtle O~ p.,spen
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COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Effective Date: July 26, 2005 at 7:30 a.m.
2. Policy or Policies To Be Issued:
Order Number: 4400]
(X) AL T A (1992) Owner's Policy
Amount:
TOBE
DETERMINED
( ) Standard ( ) Extended
Premium:
oposed InsUl"ed:
To Be Determined
( ) ALT A 1992 Loan Policy
( ) Stundard ( ) Extended
Amount:
Premium:
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title 10 the estate or interest in said land is at the effective dale hereofvesled in:
The City of Aspen, a municipal corporation
5. The land referred to in this Commitment is described as follows.
See "Exhibit A" attached hereto
Statement of Charges
Policy premiums shown above, and
any charges shown below are due and
payable before a policy can be issued.
Examiner Name: Tom Twitchell
Standard Rate
Search Fee $ 125.00
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CONDITIONS
1, DEFINITIONS
(a) "Mongage" means mongage, deed of trust or other security instrument. (b) "Public Records"
means title records that five constructive notice of matters affecting your title - according to the
state statutes where your land is located.
2. LATER DEFECTS
The Exceptions in Schedule B - Section n may be amended to show any defects, liens or
encumbrances that appear for the first time in the public records or arc created or attached between
the Commitmcnt Date and the date on wbich all of the Requirements (a) and (e) of Schedule B -
Section I are met. We shall bave no liability to you because of this amendment.
3. EXISTING DEFECTS
If any dcfects, liens or encumbrances existing at Commitment Date arc not shown in Schedule B, we
may amend Schedule B to shown them. If we do amend Schedule B to show these defects, liens or
encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this
infonnalion and did not tell us about it in writing.
4.
LIMITATION OF LlABlLITY
Our only obligation is to issue to you the policy rcferred to in this Commitment when you have met
its Requirements. If we have any liability to you for any loss you incur because of an error in this
Commitment, our liability will be limited to your actual loss caused by your relying on this
Commitment when you acted in good faith to:
Comply with the Requirements shown in Schedule B - Section L
or
Eliminate with our written consent any Exceptions shown in Schedule B - Section II.
We shall not be liable for morc than the Policy Amount showo in Schedule A of this Commitment
aod our liabilirj is subject to the tenns of the Policy foml to be issued to you.
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim whether or not based on negligence. which you may have against us concerning the title
to the land must be based on this Commitment
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Order Number: 44001
Pa"'c 2 ('If 2 COlT1milmcnt -~ 23: W10 Di:lClosure
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To: Richard SpencerN\tPA Page 2 of 10
20~5-07.29 15A1:29 (GMT)
1 eS67280291 From: Stewert Title of Aspen
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Arne-nean Land Title ASSt1Ciation Commitment - 1982
TITLE L"lSU~'1CE COMMITMENT
BY
i--stewart
l______.. title guaranty company
Order Number:
4400]
We agree to issue policy to you according to the tenns of the Commitment. When we show the policy
amOlmt and your name as the proposed insured in Schcdule A, this Commitment becomes effective as of
the Commitment Date shown in Sehednle A.
If the Rcquiremep!s shown in this Commitment have nor been met within six months after the
Commitment Date, our obligation under this Commitment will end. Also, our obligation Imder this
Commitment will end wben the Poliey is issued and then our obligarion TO you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A-
The Requirements in Schedule B-1.
The Exceptions in Schedulc B-IL
The Conditions on Page 2.
This Commitment is not valid withour SCHEDULE A and Sections I and II of SCHEDULE B.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to
be hereunto affIxed by its duly authorized officers on the date shown in Schedule A.
stewart
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Counter>igned:
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Authorized C - t'el'S~runure
Stewart Title of Aspen. 1m.
620 East Hopkins Avenue
A!>pen. CO 81t-ll
Ordcr Number: 44001
PaJ/.e I on Commitment ,." 235 Wia DisclCEOute
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Al!reement for Payment of City of Asnen Develooment Aoplication Fees
CITY OF ASPEN (hereinafter CITY) and ~ \l.U~ fO'\ ea fJctJI..lftZLtS I (AJ {
(hereinafter APPLICANT) AGREE AS FOLL?~S:
APPLICANT has submitted to CITY an a~.
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(hereinafter, THE PROJECT).
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2. APPLICANT understands and agrees that City of Aspen Ordinance No. 38 (Series of 2004)
establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent
to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY fu11her agree that it is. in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly' basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
. ofrecovering its full costs to pr,ocess APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning
Commission and/or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
su: ,"-1\f1U.V<'I'..al CPN~ $~tJ1 . ='
5. Therefore, APPLICANT agreeS that in consideration of the CITY's waiver of its right to collect r
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the _
amount of$ P.Oo which is for - hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for tlle processing of the application mentioned above, including post approval review at a rate of$210.00
per planner hour over the initial deposit. Such periodic payments shall be made within 30 dayS of the billing date.
APPLICANT fimher agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and
in no case will building permits be issued until all costs associated with case processing have been paid.
CITY OF ASPEN
APPLICANT
By:
By:
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Chris Bendon
Community Development Director
nate:
Mailing Address:
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ATTACHMENT 2 -LAND USE APPLICATION
APPLICANT:
Parcel ill # (REQUIRED
Name:
Location:
REPRESENTATIVE:
Address:
Phone #:
jJ,w~ fp\~
~IZ N. nUL
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Ar111o\1'r:~S lINt.
Sf. A-c;f8\.\ CD
fAr": 'i'tO. 't4b \
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Name:
PROJECT:
Name:
_~ 'BtlO\ . 'f,,~
Address: ~M..uc1I\ streeT
Phone#: en 0 . '1'20 - 7 ~ 77
TYPE OF APPLICA nON: (please check all that apply):
M>~t> ~eJT
Mfo.1-
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(D
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D Conditional Use D Conceptual PUD D Conceptual Historic Devt.
D Special Review !8" Final PUD (& PUD Amendment) D Final Historic Development
D Design Review Appeal D Conceptual SPA D Minor Historic Devt.
D GMQS Allotment D Final SPA (& SPA Amendment) ~ Historic Demolition
D GMQS Exemption D Subdivision Historic Designation.
D ESA - 8040 Greenline, Stream D Subdivision Exemption (includes D Small Lodge Conversion!
Margin, Hallam Lake Bluff, condominiumiZlltion) Expansion
Mountain View Plane
D Lot Split D Temporary Use D Other:
D Lot Line Adjustment D TexVMap Amendment
ltJ
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of
ro osed buildings, uses, modifications, etc.)
G
o
~ou attached the following?
re-Application Conference Summary
Attachment #J, Signed FeeAgreement
D Response to Attachment #3, Dimensional Requirements Form
D Response to Attachment #4, Submittal Requirements-Including Written Responses to Review Standards
FEES DUE: $
a.ooC t11, fltja.1)
All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electmnic copy of all written
text (Microsoft Word Format) must he submitted as part ofthe application.
AUG,26 2005 8: 34AM
.
"--rl,Ar..'NER:
PROJECT;
REPRESENTATIVE:
OWNER:
TYPE OF APPLICATION:
DESCRIPTION:
"-"
Land Use Code Section(S)
26.304
26.445.100(AI
Review by:
Public Hearing:
PJanniug Fees:
Total Deposit
COMMUNITY DEVELOPMENT
NO, 3418
[, 2
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CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
James Lindt, 429-2763 DATE: 8/25i05
Red Blick- Pun Amendment
Richard from Willis Pember Architects
City of Aspen
Insubstilll1ial PUD Amendment
The Applicant would like to construct an addition of a lotUlgelga11e~y sp""e (0 the Red
Brick Arts Building in conjlmction with constrocting the expanded ccmference ro~m that
was approved pursuant to Ordinlll!ce No. 37, Series of :Woo. The lounge space was not
determined to be net leasable space by definition of the code and thus does not require
GMQSapprovals, but does require an insubstantial PUD amendffient to be handled by
Staff.
It has been standard practice in the past to get referral comments from the Historic
Pre.,ervation CommiBsiClll (HPC) when making exterior changes to ilie Rill! Blick building.
That being the case, Staff would like to refer the proposed addition to the HPC for
comments on the design prior to making a final determination on the insubstantial pun
amendment.
In conjunction with this HPC referral, staff believes that it would be appropriate for the
HPC to make a determinatioll as to whether the structure should be designated to the Aspen
Inventory of Historic Landmark Sites and Structures.' If HPC detennines that the building
.hould be designated, the City would be expected to make an application to designate the
structure. In which case, the Community Development Director would defer judgment on
the ins\lbstantial PUD amendment until the completion of the designation application.
*. This has beeD an ambiguous situation since the City's aequisitioD of the building.
In order to rl'$olve that issue and to ensure that the City is properly addressing
HPe regulations, the bOal'd should determine if landmark criteria do or do not
appear to be met.
Common Development Review Procedures
Insubstantial PUD Amendment
Staff for complete application, referral agencies for technical considerations, Historic
Preservation Commission for refert&l comments, CcmrnWlity Development DireCtor for fmal
review of insubstantial PUD amondment.
No, insubstantial pun amendment should not require a public hearing.
City Case- No Fees
City Case- No Development Reyiew Fets Required
To apply, submit the following information:
Total Deposit for review of application.
ApplicilIlt's lliUlle, address and telephone number, contained within a letter signed by the City of kpen
Asset Management Department consenting to the application and stating the name, address, and
telephone number of the representative authorized to act on behalf of the applicant
Proof of Owners!rip.
Signe.d fee agreement.
Completed land use application form.
Pre-application Conference Summary, An 8 112" x 11" vicinity map locating the subject parcels within the City of Aspen.
I.
2.
3.
"--S.
6.
7.
AUG, 26. 2005 8: 35AM
COMMUNITY DEVELOPMENT
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8. Survey of the property completed by 11 Licensed Surveyor in the State of Colorado.
9. Approved and proposed site plan that includes a parking plan.
1. Existillg, approved, and proposed floor plans.
'11. ExIsting, apprpved, and proposed elevations.
12. A written description of the proposal and a written explanation of how a proposed development
complies with the re\iew standards relevant to the development application,
20 Copies of the complete application packet (items 2-12) (20 11" x IT plan sets and 2 24" x 36" plan
sets for presentation purposes.)
Di,claimer:
The foregoing summary is advisory in nature only and is not binding Oll the City. The slll11I11al'Y is based on cw"rent zoning~ which is
E-ubjec:t to change in the future, and 'l.'lpCln faC1:ual representations that mayor may not be e.ce~. The summary does not create i\ legal
or vested right.
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MEMORANDUM
TO:
fAirIES LINDT, COiVIMUNITY DEVELOPMENT DEPT.
':.~
FROiVI:
TIM ANDERSON, RECREATION DIRECTOR
DATE:
AUGUST 22,2003
RE:
EXTENSION OF RED BRiCK VESTED RiGHTS
James,
I am formally requesting an extension of the Vested Rights of the Red Brick Arts and
Recreation Center. More specifically, the request for and extension in vested rights
pertains to the West End Improvements of the building.
At this time the Red Brick Committee and myself have met with City Manager Steve
Barwick who has requested that we identify a I O-year capital plan and revenue stream for
the building before moving forward with the request from City Council to pursue these
improvements. We want to insure that the facility has ample funds to maintain the
existing conditions before moving forward on any new improvements. The Red Brick
Committee is currently seeking a company to provide information on needed
infrastructure improvements and pricing over a 1 O'year period. At this time we can
provide a capitalization plan for the facility to include the West End Improvements.
Our time line at this time is to complete the study and capitalization plan in time to
present Council with the West End Improvement Plan during the 2004 budget process:
We would continue to plan on beginning the improvements in the spring to early summer
2004.
Please advise of any other necessary considerations for this request of an extension or the
continuation of this process.
Thank you,
Tim Anderson
City of Aspen
Recreation Director
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P128
staff believes that the additional storage space that would be provided in the eXlstlllg
conference room would aid the tenants of the building, which are primarily non-profit and
arts related organizations as is consistent with the Aspen Area Community Plan goals relating
to Arts, Culture, and Education. Moreover, staff believes that the addition of the conference
room on the west side of the building as was approved, would still enhance the exterior
esthetics of the structure. Therefore, staff recommends that the City Council approve the
proposed extension of vested rights for one year.
ST AFF RECOMMENDATION: ..'
Staff recommends approval of the extension of vested property rights for one year to
establish an expiration date of September 22, 2004 to allow fOr the construction of the
conference room that was apprpved pursuant to City Council Ordinance No. 37, Series
of 2000, with the following condition:
1. That the establishment herein of a vested property right shall not preclude the
applications or regulations which are general in nature and are applicable to all
property subject to land use regulation by the City of Aspen including, but not limited
to, building, fire, plumbing, electrical and mechanical codes. The developer shall
abide by any and all such building, fire, plumbing, electrical and mechanical codes
that are in affect at the time of building permit, unless an exemption therefrom is
granted in writing.
RECOMMENDED MOTION:
"I move to approve Resolution No. ~3, Series of2003, approving with a condition, a one
year extension of vested property rights for the Red Brick Arts and Recreation Center PUD
as was originally approved by Ordinance No. 37, Series of2000. The new expiration date
will be September 22, 2004."
CITY MANAGER'S COMMENTS:
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ATTACHMENTS:
Exhibit A ,- Review Criteria & StatIfindings
Exhibit B -- Ordinance No.37, Series of2000 Approving the Red Brick Arts and
Recreation Center PUD
Exhibit C -- Plans Approved Pursuant to Ordinance No. 37, Series of2000
Exhibit D -- Application Letter
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Mayor and City Council ~PV-C;iJ~
~ Thv~.e- YV-ctV'
Julie Ann Woods, Community Development Director I ~)( t"eiiSIDv;t ,
James Lindt, Planner:IL- oP v{!..sr-ed I~ '.SlA.l
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Red Brick Arts and Recreation Center ExtensIOn of Vested Rights-.pubhc
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MEMORANDUM
P127.
To:
THRU:
FROM:
RE:
Hearing
DATE:
September 22,2003
ApPLlCANT:
City of Aspen Parks and Recreation
Department
REPRESENT A TIVE:
Tim Anderson
PARCEL ID: 2735-073-]3-801
ADDRESS:
110 E. Hallam St.
.ZONING:
Public with a PUD Overlay
ApPROVED LAND USE:
Approval obtained to constmct a
conference room on the west end of the
Red Brick Arts and Recreation Center
pursuant to City Council Ordinance No. 37,
Series of2000.
REVIEW PROCEDURE:
Extension of Vested Rights. City Council
may by resolution at a public hearing approve
or approve with conditions an extension of
vested rights.
BACKGROUND:
The Applicant, City of Aspen Parks and
Recreation Department, represented by
Tim Anderson, requests an extension of
the vested property ri,ghts on the Red Brick
Arts and Recreation Center PUD
.
Amendment that was approved in
September of 2000. Initially, City Council
granted a PUD amendment for the
Applicant to constmct a snow-shed canopy
roof and a new conference room in the Red
Brick Arts and Recreation Center (please
see approved plans attached as Exhibit
"C"). The snow-shed canopy was
constructed shortly after' approval was
granted, but the conference room has yet to
be built.
The project's vested rights expired on
September I] th However, the Applicant
submitted an application for the extension
prior to the expiration deadline. The
Applicant is requesting that City Council
extend the vested rights granted by
Ordinance' No. 37, Series of 2000 to
construct the approved conference room of
546 square feet on the west end of the Red
Brick Arts and Recreation Center.
ST AFF COMMENTS:
In reviewing the proposed request for an extension of vested rights, staff believes that the
approval granted by Ordinance No. 37, Series of 2000 is still consistent with the Red Bnck
Master Plan that was created in ] 997, in that the proposal would allow for storage to take the
place of the existing conference room as was called for in the Master Plan. Additionally,
RETAIN FOR PERMANENT r.!!:t'./\Dn
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P129
RESOLUTION NO. U
(SERIES OF 2003)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A ONE YEAR
EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 37,
SERIES OF 2000, FOR THE DEVELOPMENT APPROVALS GRANTED TO THE
RED BRICK ARTS AND RECREATION CENTER, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel No. 2735-073-13-801
WHEREAS, the Community Development Department received an application from
the City of Aspen Recreation Department (Applicant), represented by Tim Anderson, for a
one year extension of vested rights approved pursuant to Ordinance No. 37, Series of2000 to
allow for the addition of a conference room at the Red Brick Arts and Recreation Center;
and,
WHEREAS, City Council adopted Ordinance No. 37, Series of 2000, which
approved a PUD amendment for the addition of a snow-shed canopy and a 546 square foot
conference room to the Red Brick Arts and Recreation Center located at 110 E. Hallam (Lots
A-I, and K-S, including the alley of Block 64, and lots E, F, and G, and part of lots A, B, and
C, of Block 71) City and Townsite of Aspen, Colorado; and,
WHEREAS, pursuant to Section 26.308.01 O(C), Vested Property Rights of the Land
Use Code, City Council may grant an extension of vested rights; and,
WHEREAS, the Community Development Directorhas reviewed the application and
recommended approval of a one year extension of vested rights for the Red Brick Arts and
Recreation Center, finding that the review criteria have been met; and, .
WHEREAS, the Aspen City Council has reviewed and considered the extension of
vested rights for the red Brick Arts and Recreation Center under the applicable provisions of the
Municipal Code as identified hereln, has reviewed and considered the recommendation of the
Community Development Director, and has taken and considered public comment at a public
hearing; and,
WHEREAS, the City COLlncil finds that the extension of vested rights proposal meets or
exceeds all applicable land use standards and that the approval of the extension of vested rights
proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the City Council fmds that this Resolution furthers and is necessary for the
promotion of PLlblic health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
P130
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Section 1:
The Aspen City Council does hereby approve a one,year extension of the vested rights
granted by Ordinance No. 37, Series of 2000, to allow for the addition of a 546 square foot
conference room and the conversion of the existing conference room within the Red Brick
Arts and Recreation Center. to a storage area for use by the tenants, with the following
conditions:
1. The establishment herein of a vested property right shall not preclude t11e applications
or regulations which are general in nature and are applicable to all property subject to
land use regulation by the City of Aspen including, but not limited to, building, fire,
plumbing, electrical and mechanical codes. The developer shall abide by any and all
such building, fire, plumbing, electrical and mechanical codes, unless an exemption
there from is granted in writing.
Section 2:
All material representations and commitments made by the applicant pursuant to the
development proposal~ approvals as herein awarded, whether in public hearing or documentation
presented before the City COlmcil, are hereby incorporated in such plan development approvals
and the same shall be complied with as if fully set forth herein, unless amended by an authorized
entity .
Section 3:
This Resolution shall not effect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending lmder or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof
Section 5:
A duly noticed public hearing on this Resolution was held on the 22nd day of September, 2003,
at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
FINALLY, adopted, passed and approved this 22nd day of September, 2003.
Approved as to form:
Approved as to content:
John Worcester, City Attorney
Helen Kalin Klanderud, Mayor
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P131
Attest:
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Kathryn S. Koch, City Clerk
P132
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EXHIBIT A
REVIEW CRITERIA & STAFF FINDINGS
SECTION 26.308.010 VESTED PROPERTY RlGHTS
Extension or Reinstatement of Vested Ri!?hts In reviewing a request for the extension or
reinstatement of a development order and associated vested rights, the City Council
shall cpnsider, but not be limited to, the following criteria:
a. The applicant's compliance with any .conditions reqUIring
performance prior to the date of application. for extension or
reinstatement;
STAFF FINDING:
The conditions of approval that were established in approving the original development
proposal are all to' take effect in conjunction with the building permit submittal.
Therefore, staff does not believe that there are any outstanding conditions of approval that
have to be met prior to applying for an extension of vested rights. Staff finds this
criterion to be met.
b. The progress made in pursuing the project to date including the
etIort to obtain any other permits, including a building permit, and the
expenditures made by the applicant in pursuing the project;
STAFF FINDING:
The Applicant has constnlcted the snow-shed canopy that was approved as part of the
PUD amendment granted pursuant to Ordinance No. 37, Series of 2000. The Applicant
has indicated that they would like to pursue funding for constructing the conference room
this year. Staff finds this criterion to be met.
c. The nature and extent of any benetits already received by the City
as a result of project approval such as impact fees or land dedications;
STAFF FINDING:
Other than the improved safety of the snow-shed canopy that was constructed over the
walhvay into the Red Brick, the City has not already received benefits from this
approval. However, StatJ believes that the approval of the conference room and the
vested rights that were afforded the Applicant are still in keeping with goals that were
outlined in the Red Brick Master Plan that was adopted in 1997. The Master Plan called
for the creation of a storage area in the location where the current conference room exists.
ln order to allow for the existing conference space to be converted to storage for use by
the tenants of the building, the new conference space would have to be constructed to
create a meeting area for the tenants of the building. Staff finds this criterion to be met.
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P133
d. The needs of the City and the applicant that would be served by
approval of the extension or reinstatement request.
STAFF FINDING:
The Aspen Area Community Plan (AACP) encourages actions that promote the Arts,
Culture, and Education. The existing conference room is to be converted into a storage
area for the tenants of the Red Brick, which are primarily non-profit and art related
organizations. Therefore, because the addi!ion of the conference room that was approved
pursuant to Ordinance No. 37, Series of 2000 allows for the existing conference room to
be converted into storage for use by the tenants of the Red Brick, staff believes that the
proposed extension of vested rights would benefit the local arts and non-profit
communities that utilize the Red Brick Arts and Recreation Center. Therefore, Staff
believes that the proposed extension of vested rights would benefit the City by
encouraging the Applicant to pursue the approved development in the future that furthers
several of the AACP's goals. .Stafffinds this criterion to be met.
4
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P134
ORDINANCE NO. 37
(SERIES OF 2000)
AN ORDINA1'/CE OF THE ASPEN CITY COUNCIL APPROVING THE RED BRICK
ARTS AND RECREA TI ON CENTER PLAi'1NED UNIT DEVELOPlYIENT
AlYIENDlYIENT TO CONSTRUCT A CONFERENCE ROOM Ai~D SNOW-SHED
CANOPY ON THE RED BRICK ARTS AND RECREATION CENTER, CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
ParcellD: 2735.\24-36-850
WHEREAS, the Community Development Department received an application from
the City of Aspen Recreation Department, represented by Tim Anderson, Recreation
Director, for an amendment to the Red Brick Arts and Recreation Planned Unit Development
(PUD) to constnlct a conference room on the west end of the stmcture and construct a snow-
shed canopy on the east end of the structure; and,
WHEREAS, the subject property is a located in the Public (PUB) Zone District; and,
WHEREAS, the Aspen City Council approved Ordinance No. 22, Series 1993 that
granted rezoning from R-6 to Public, Growth Management Quota System Exemption for
Essential Public Facilities, and approval for a Final PUD Develo.pment Plan for the Aspen
Arts and Recreation Center (F. K. A. The Red Brick Elementary School) located at 110 East
Hallam (Lots A-I and K-S, including the alley in block 64, and lots E, F, G, and part of lots
A, B, and C, Block 71) in the Townsite of Aspen, Pitkin County, Colorado;
WHEREAS, pursuant to Sections 26.445, the City Council may approve an
amendment to an approved Planned Unit Development, during a duly noticed p'ublic hearing
after considering a recommendation from the Planning and Zoning Commission made at a
duly noticed public hearing, comments from the general public, a recommendation from the
Community Development Director, and recommendations from relevant referral agencies;
WHEREAS, the Community Development Director reviewed the PUD amendment
and recommended approval; and,
'WHEREAS, the Historic Preservation Committee offered a unanimous endorsement
of the proposed developments during a special meeting on July 13,2000; and
WHEREAS, during a dLtly noticed public hearing on August I, 2000, the Planning
and Zoning Commission approved Resolution No. 00-35, Series 2000, by a seven to zero (7-
0) vote, recommending City Council approve the Red Brick Arts and Recreation PUD
Amendment; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the 'Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, during a dLtly noticed public hearing on September 11,2000, the City of
Aspen City Council approved a second reading of Ordinance No. 37, Series 2000, by a four
to zero (4-0) vote, approving the Red Brick Arts and Recreation PUD Amendment; and,
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P135
WHEREAS, the City COtillcil fInds that the development proposal meets or exceeds all
applicable development standards and that the approval of the development proposal, with
conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council frods that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOL YED BY THE ASPEN CITY COUNCIL AS
FOLLOWS: .
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Red Brick Arts and Recreation PUD Amendment to construct a conference room on the west
end of the stn\cture and construct a snow-shed canopy on the east end of the structure is
approved with the following conditions:
1. This project shall meet all of the codes and requirements of the Aspen Fire
Protection District. This includes but is not limited to maintaining fire alann
coverage in the new conference area;
2. Site development approvals must include the requirement meeting runoff design
standards of the Land Use Code Section 26.580.020(A)(6)(a) and a requirement
that, prior to the building penrut application, a drainage mitigation plan (24"x36"
size plan sheet or on the lot grading plan) must meet the requirements of the
Engineering Department Interim Design Standards and must be submitted for
review and approval by the Engineering Department. The mitigation plan must also
address the temporary sediment control and containment plan for the construction
phase. The drainage may be conveyed to existing landscaped areas if the drainage
report demonstrates that the percolation rate and the detention volume meet the
design storm;
3. That a full soils report and drainage report are needed prior to the application of a
building permit;
4. That the applicant receive approval from the City Engineering Department for
design of improvements, including grading, drainage, transportation /streets,
landscaping, and encroachments within public right of way;
5. That the applicant receive approval from the Streets Department for mailboxes,
finished pavement, surface materials on streets, and alleyways;
6. That the applicant obtain either right-of-way pennits or encroachments licenses as
required for any work or development in the public right-of-way, from the
Engineering Department; and
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7. That the current drawings submitted are insuffIcient to detennine if the proposed
additions meet the height, setback, and floor area requirements of the PUD. The
2
P136
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applicant shall provide adequate and scaled site plans indicating exact locations of
all proposed structures so that they do not exceed the height, setback, and floor area
requirements of the PUD prior to the approval oUhe PUD lllnendment and the
application for building permits.
Section 2:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or documentation
presented before the Planning and Zoning Commis,sion or City Council, are hereby incorporated
in such plan development approvals and the same shall be complied with as if fully set forth
herein, unless amended by an authorized entity.
Section 3:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
COlillcil of the City of Aspen on tills 14th day of August, 2000.
Attest:
R chel Richards, May
FINALLY, adopted, passed and approved this II th day of September, 2000.
Attest:
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Red Brick Arts and Recreation Center West End Addition
Re: P.D.D. Insubstantial Amendment Application
Project Description:
The West End Addition to the Red Brick Arts and Recreation Center shall provide the
addition of vital communal space for the current center's occupants. The three spaces in
the new addition are as follows:
I. A conference room. This room will be used for meetings, film screenings, small
group lectures or other gatherings that the occupants of the center have always
had and will continue to have in the future. This space will serve the entire facility
on a sign-up basis, much in the same way as the current conference room does.
The additional square footage dedicated to this room is 492 s.t: +/-.
2. A gallery/Iobby. This will function as the Formal "West End" entry into the
center and provide additional gallery space for the artists in residence. The
occupants of the building have always expressed a desire for a more
multidimensional entry to the building and the new lobby will function in this
manner. The additional s.f. of 426 allotted for this space.
3. A storage room. A dedicated place to keep a.v. equipment, extra furniture etc.
This room predominantly serves the conference room only. The additional square
footage dedicated to this room is 100 s.f. +/-,
The attached plans and elevations show the addition in its' entirety. The board members
have approved the buildings modifications and the director (Shirley Tipton) has attached
a letter to verify the (RBCA) board's intent (see attached).
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pun Insubstantial Developments
Re: Red Brick Arts and Recreation Center West End Addition
Willis Pember Architects, Inc.
Listed conditions and changes to the approved Ordinance #37 of August ],2000 and the
extension of vested rights Resolution #88 of2003 in accordance with section 26,445.]00
of the land use code: Amendment ofPUD development order.
]. A change in use or character of development: The scope of the project shall
remain the same, ie. The addition shall include a conference room of 492 s.f. (less
than 546 s.f. approved in ordinance #37 (2000). The additional spaces to be
added include a galleryllounge of 426 s.f and a storage room of ] 00 s.f. A net
increase of 472 s.f. of useable space.
2. Increase of 3 percent in the overall coverage of structures on the land: The
approved 546 s.f. conference room yielded a gross] .8% increase to the existing
building footprint. The modified addition at ]0]8 s.f, represents a 3% increase
(total) and a ] .2% increase from the approved coverage on the land.
3. Any amendment that substantially increases trip generation rates ofthe
proposed development, or a demand for public facilities: N.A.
4. A reduction by greater than 3% of the approved open space: See item #2 N.A.
5. A reduction by greater than 1 % of off street parking: Not affected N.A.
6. A reduction In required pavement widths or right of way for street and
easements: N.A. general improvements will be made which include a
continuation of the sidewalk from Hallam St. and a new defined curb on
Garmisch St. There will be no interference with existing easements or right of
ways.
7. An increase of greater than 2% in the approved gross leasable floor area of
commercial buildings: The added spaces are to be used communally amongst the
current/future tenants. No new leasable space, except for possible special events,
shall be added.
8. An increase by greater than 1 % in the approved residential density of the
development: N.A.
9. Any cbange which is inconsistent with a condition or representation of the
project's original approval or which requires granting a variation from the
project's approved use or dimensional requirements: In essence the project is
the same as approve by Ordinance #37 (2000) it just has increased slightly in
scope. The additional spaces added to the design only provide for more
"common" space to be shared amongst the tenants and the public. All the noted
dimensional requirements such as setbacks, building height, etc. shall be adhered
to.
8.23.2005 RED BRICK
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Red Brick Center for the Arts
Pat Fallin, PresJdent
Bennett Bramson, v.P.
Lisa Blunt, Secratar\:
Brent Reed, Treasure,
August 25, 2005
Tim Anderson
Cindv Curlee
Belty Farson
Rich Hailev
Patricia Neeb
Mi ke Otte
Torre
To Whom It May Concern:
The expansion planned for the west end of the Red Brick Center for the Arts and
Recreation (RBCA) was first contemplated by the City of Aspen in 1996. City Council
has been involved since that initial approval of the concept with their most recent
conceptual review this spring. As a City asset, it is appropriate for Council to provide
direction on the future of the building and to direct any improvements or expansions to
the City-owned facility. The RBCA, a 501(c) 3 Colorado Corporation, manages the
building by contractual agreement with the City of Aspen.
The building was purchased by the City of Aspen from the Aspen School District. The
purchase and subsequent bond issue were approved by the voters of the City. The
terms of the bonds, require that the property NOT be used for commercial purposes.
The RBCA conducts no commercial endeavors. Retail sales by our tenants are
specifically prohibited in their leases. Our tenants are ten artists-in-residence and ten
arts and community based non-profits. Artists-in-residence and artists exhibiting in our
gallery are professional artists. As professionals, they clearly offer their works for sale.
Those sales are private transactions and do not take place at or through the RBCA.
The resident non-profits do conduct charitable fund-raising from their offices; this
sometimes involves the sell of tickets and/or promotional items.
It has been a stated goal of City Council to use the RBCA as an incubator for the
professional development of artists and a home with affordable rents for non-profits. It
is our mission to provide a place where artists can work and grow their careers as
producing artists. It is clearly not our mission; in fact it is prohibited, to conduct retail
or commercial operations from this facility. Our non-profit status would be in jeopardy
should we violate those agreements. As important, our contract with the City would be
revoked. For all of these reasons, we do not have a gift shop or other sales outlet. We
will, in fact, not contemplate the addition of any type of sales effort.
Please contact me directly should you have any further questions or need for
information. We would be most happy to work with you as needed.
(
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Shirley Tiptotf
Executive Director
110 E. Hallam Street. Suite 118 . Aspen, Colorado 81611
Phone: (970) 920-7477' Fax: (970) 920-5700' aspenart@rof.net'www.aspenart.org
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