HomeMy WebLinkAboutlanduse case.tu.1000 N 3rd St.0004.2008.ASLUIC-c C, ti 1000 N Third St 0004.2008.aslu
273512129809 Temp Use
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THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER
PARCEL ID NUMBER
PROJECTS ADDRESS
PLANNER
CASE DESCRIPTION
REPRESENTATIVE
DATE OF FINAL ACTION
0004.2008.ASLU
273512129809
1000. N. 3RD ST
JENNIFER PHELAN
TEMPORAY USE PERMIT
ASPEN INSTITUTE
12.30.09
CLOSED BY ANGELA SCOREY ON 1/14/10
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Permit Type !raslu Aspen Land Use
Permit # 0004.2008.A5LU
Address 11000 NITHIRD ST
City iASPEN
Apt/Suite
State FCO Zap 8161�ZI
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Permit Information
Master Permit Z�
Routes Queue aslu07 Applied 01115/2008
Project F—
Status pending Approved r
Description TEMPORARY USE PERMIT
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Issued I J
Final)
Submitted
Clock Running Days 0 Expires ,010009
Owner
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Last Name JASPEN INSTITUTE INC Zi
First Name PO BOX 222
Phone
QUEENTOWN MD 21658
Fyo Owner Is Applicant?
Applicant
Last Name JASPEN INSTITUTE INC 21
First Name PO BOX 222
Phone Cust # 25646 QUEENTOWN MD 21658
Lender
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Last Name J
First Name
Phone
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RESOLUTION NO. 11
(Series of 2008)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
GRANTING A TEMPORARY USE PERMIT TO ALLOW FOR THE PLACEMENT OF
A TENT AT THE ASPEN INSTITUTE, 1000 NORTH THIRD STREET, CITY AND
TOWNSITE OF ASPEN, COLORADO
Parcel ID 2735-121-29-809
WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant,
The Aspen Institute, has submitted an application for a Temporary Use Permit to place a tent on
the Aspen Institute campus north of the Koch Seminar Building just east of Anderson Park, 1000
North Third Street; and,
WHEREAS, the Applicant received approval for a Temporary Use Permit to place a tent
on the Aspen Institute Campus in the same location from July 1, 2005 to September 28, 2005,
and from July 1, 2006 to September 28, 2006; and
WHEREAS, the Applicant received approval for a Temporary Use Permit to place a tent
on the Aspen Institute Campus in the same location from June 28, 2007 to August 28, 2007, with
set-up of the tent from June 21, 2007 to June 27, 2007, and tent take -down from August 29, 2007
to September 4, 2007; and,
WHEREAS, the Applicant requests approval for a Temporary Use Permit to place a tent
on the Aspen Institute Campus in the same location from June 30, 2008 to August 20, 2008, with
set-up of the tent from June 22, 2008 to June 29, 2008, and tent take -down from August 21, 2008
to August 28, 2008; and,
WHEREAS, Community Development Department reviewed the temporary use
application and the 2005 referral comments from the Historic Preservation Commission, the
Parks Department, and the Environmental Health Department, and recommends that the City
Council approve the temporary use permit with conditions; and,
WHEREAS, City Council finds that the proposed temporary use is consistent with the
character and existing land uses of the surrounding parcels and neighborhood and that granting
the temporary use will not adversely impact the neighborhood; and
WHEREAS, City Council conducted a duly noticed public hearing on February 11,
2008; and,
Resolution No. 8, Series of 2007
Page 2
WHEREAS, City Council has reviewed and considered the temporary use request under
the applicable provisions in the Municipal Code, has reviewed and considered the
recommendation of the Community Development Director, the applicable referral agencies, and
has taken and considered public comment; and,
WHEREAS, City Council finds that the temporary use permit meets or exceed all
applicable development standards; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO, THAT:
Section 1:
In accordance with Section 26.450 of the Aspen Municipal Code, the City Council of the City of
Aspen, Colorado, does hereby grant the Aspen Institute a Temporary Use Permit to place a tent at
the Aspen Institute campus north with the following conditions:
1. The temporary use is valid from June 22, 2008 to August 28, 2008
2. The Applicant shall erect the tent from June 22, 2008 to June 29, 2008.
3. The Applicant shall disassemble the tent from August 21, 2008 to August 28, 2008.
4. The tent shall only be operable from June 30, 2008 to August 20, 2008.
5. The Applicant shall obtain a building permit before erecting the tent on June 22, 2008.
6. The temporary use shall allow for a Main Tent of sixty (60) feet by one -hundred twenty
(120) feet, and a Catering Wing of twenty (20) feet by forty (40) feet.
7. The Applicant shall obtain all necessary approvals from the Environmental Health
Department for the food service operations.
8. The Applicant shall follow the approvals from Parks and HPC in Resolution 22, Series
2005 with regards to placement of the tent, site plan, grading plan, and any pathways to
be altered or installed.
9. Prior to any grading work to be done, the Applicant shall place construction fencing
around the extent of the disturbance area in order to delineate the native zones which are
not to be impacted.
10. A native vegetation restoration plan approved by the Parks Department, which includes
the following elements, must be followed:
a. Noxious Weeds: The Aspen Institute will be responsible for the control of
noxious weeds during the entire time period of the temporary use, up until the
area is restored as outlined below. This will require a plan and contract with a
local vegetation management company or provide, for city review, a detailed plan
Resolution No. 8, Series of 2007
Page 3
on how the in-house staff will manage any weed issues. The City of Aspen will
perform inspections of the area.
b. Restoration: All areas disturbed to accommodate the installation of the tent,
events, and or other activities shall be restored to the follow standards:
i. Seeding Procedure: Hand broadcast seed in areas of disturbance. Rake
seed into soil. Cover area with certified weed free straw.
ii. Seed Mix: Indian Rice Grass "Nez Par" — Achnatherum hymenoids "nez
Par" 3.0 lbs/acre, Sideoats Grama Boutelous curtipedula "Pierre" 4.0
lbs/acre, Sandberg Bluegrass Poa secunda "Sherman" 0.5 lbs/acre,
Thickspike Wheat Grass Elymus lanceolatus 2.0 Ibs/acre, "San Luis"
Slender Wheatgrass Elymus trachycalulus 3.0 lbs/acre, Arizona Fescue
Festuca ovina "Arriba" 2.5 lbs/acre, "Arriba" Western Wheatgrass
Pascopyrum smithii "Arriba" 2.5 lbs/acre, Hairy Golden Aster Chrsopsis
villosa 0.25 lbs/acre, Silver Lupine — Lupinus argenteus 1.0 lbs/acre,
Rocky Mountain Penstemon Penstemon strictus 2.0 Ibs/acre, Arrowleaf
Balsam Root Balsamorhiza sagitta 0.5 lbs/acre, Mules Ear Wyethia
amplexicaulis 0.5 lbs/acre. Seed mix can be purchased at" Arkansas
Valley Seed — 303.320.7500, Pawnee Butte Seed — 800.782.5947, or
Granite Seed — 801.768.4422.
iii. Top Soil: All disturbed areas shall be restored with a minimum of six (6)
inched of good organic topsoil.
iv. Irrigation: The irrigation system shall be designed for temporary use and
installed at the time or restoration. The system should be designed to
properly provide coverage to all disturbed areas.
11. The tent shall only be used for events that are sponsored or co -sponsored by the Aspen
Institute. Private events, including but not limited to parties and weddings, are
prohibited
12. All activities in the tent shall be subject to and abide by the Aspen Noise Abatement
Ordinance, Title 18 of the City of Aspen Municipal Code. Prior to erecting the tent, the
Institute shall submit a noise suppression plan to the City of Aspen Environmental
Health Department that addresses the events held inside the tent.
13. The tent erection and disassembly shall be conducted in coordination with all other
events occurring at the Institute. This includes, but is not limited to, the Music Festival.
14. All material representations made in the application and in the hearing by the Applicant
and the Applicant's representative shall be considered conditions of approval, unless
amended by other conditions.
! 9
Resolution No. 8, Series of 2007
Page 4
Section 2•
This Resolution shall not affect 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 construed and concluded under such prior ordinances.
Section 3:
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.
APPROVED, February 11, 2008, at a public hearing before the City Council of the City of
Aspen, Colorado.
Michael C Ireland, Mayor Ci Att ey
ATTEST:
ot * L
Kathryn S. ch, City Clerk
MEMORANDUM N/1 I 14%
TO: Mayor Ireland and City Council FROM: Jessica Garrow, Long Range Plannerdmb
THRU: Chris Bendon, Community Development Director (2r Y V d
DATE OF MEMO: February 1, 2008
MEETING DATE: February 11, 2008
RE: Aspen Institute Temporary Use Permit (Greenwald Pavilion Tent) —
Resolution ��, Series 2008
APPLICANT /OWNER: STAFF RECOMMENDATION:
Aspen Institute Staff recommends approval of the Temporary Use
Permit.
REPRESENTATIVE:
Jim Curtis, Curtis & Associates
LOCATION:
Aspen Institute
1000 N. Third St., Lot 1 — 13, Aspen
Meadows Subdivision
CURRENT ZONING & USE
Academic (A) with an SPA overlay
PROPOSED LAND USE:
Temporary Use Permit for Tent
Academic (A) with an SPA overlay
SUMMARY:
The Applicant requests a temporary use permit for
the Greenwald Tent for the 2008 Summer.
The proposed temporary use would allow the same tent as is
shown above. The tent is proposed for the same location and
would operate for a shorter amount of time than it did in the
summers of 2005, 2006, and 2007.
REQUEST OF COUNCIL: City Council is asked to grant a Temporary Use Permit, pursuant
to Land Use Code Section 26.450.030, for the assembly of a temporary tent at the Aspen
Institute.
BACKGROUND: In 2005, the City Council approved a Temporary Use Permit for the
Greenwald Pavilion tent at the Aspen Institute for the summers of 2005 and 2006.1 In 2007, the
' The Council passed Resolution 22, Series 2005, attached as Exhibit B. This approved a tent to be in use from July
1" through September 28'h 2005 and 2006.
Aspen Institute Temporary Use Permit
Staff Report, Page 1 of 4
Institute requested a Temporary Use Permit to allow the tent to again be erected and operate
while the Institute determined if a permanent tent was needed to accommodate summer events.2
After the 2007 summer, the Institute determined that the existing facilities do not accommodate
larger events, and determined that a permanent structure was needed. The Institute made an SPA
(Specially Planned Area) Amendment Application on December 12, 2007. This did not allow
enough time for hearings at the Planning and Zoning Commission and the City Council to be
held before the summer events, so the Institute requested this Temporary Use Permit in order for
the scheduled summer events to occur. The Council can expect to see the SPA Amendment at an
upcoming meeting.
The Institute held a number of events in 2005, 2006, and 2007 that used the tent, including: The
Aspen Ideas Festival, the Brainstorm Fortune Conference, and the Aspen Institute Summer
Celebration. If the temporary use permit is approved, the tent would be used for these events this
summer.
DISCUSSION:
The Applicant is requesting a Temporary Use Permit for the same tent with the same dimensions
and operating characteristics as the Temporary Use Permit approved in 2005, 2006, and 2007.
The temporary use now proposed is the same as was originally approved for the previous
summers, with the exception of the time period. The time period proposed for the 2008 summer
is from June 22 — August 28, which is slightly shorter than the 2007 approval and one month
sorter than in the 2005 and 2006 approval.
The tent consists of a steel structure covered with a white canvas cover. The Applicant has
proposed leaving the steel structure up for the duration of the temporary use permit, but taking
the white canvas cover off when there is a two (2) week of more "gap" in events. This is
intended to minimize the visual impacts on the neighbors. Staff does not recommend approval of
this canvas set-up and take -down scenario.
The Institute is pursuing this Temporary Use Permit because there is not enough time between
the time of application and the summer events to have an SPA Amendment (which proposes
making the tent permanent) heard at the Planning and Zoning Commission and at City Council.
If this canvas set-up and take -down scenario is approved, the Institute has requested that the
permanent floor be constructed instead of the temporary wood floor for fear that weather will
damage the temporary wood floor when the canvas is removed.3 Because this is a temporary
permit, Staff cannot support installing the permanent floor when it is part of the SPA
Amendment request to make the entire tent permanent. To do so would move toward making
this tent a percent structure without undertaking the appropriate SPA review. Further, the
Institute was identified in Ordinance 48 as a property that should potentially be designated.
Because it is on the Ordinance 48 list, Staff cannot support any construction that would make
this tent permanent before an Ordinance 48 review has occurred.
Because Staff cannot support the permanent floor, Staff does not support the removal of the
white canvas cover during "gap" periods due to weather concerns with the temporary floor. Staff
z Council passed Resolution 8, Series 2007, attached as Exhibit C. This approved a tent to be in use from June 28 —
August 28 with set-up and take -down the week before and after the operational time period.
3 This request is outlined in an email to staff, dated January 23, 2008, and is attached as Exhibit D.
Aspen Institute Temporary Use Permit
Staff Report, Page 2 of 4
also does not support the removal of the canopy during "gap" times because of the negative
impacts the noise could have on other events at the Institute (i.e. Music Festival), and what Staff
considers to be excessive labor involved.
The Applicant has agreed to prohibit private events in the tent in an effort to minimize noise.
The Application outlines "Tent Improvements" that are requested .4 Because of the temporary
nature of this approval, Staff does not believe the permanent floor, the entrance and walkway
canopy, of the utilities are appropriate for this approval. These are issues that should be
addressed through the SPA Amendment process.
The Temporary Use review criteria are outlined in band Use Code section 26.450.030; Staff
Review is attached as Exhibit A.
REFERRAL AGENCY COMMENTS:
The Historic Preservation Commission has been notified of the proposed temporary use permit
for the tent. The Commission has not expressed concern to Staff regarding the temporary use
permit. Parks and Environmental Health were also contacted regarding the temporary use, and
recommend approval as it is consistent with the approval received in Resolution 22, Series 2005
and Resolution 8, Series 2007.
RECOMMENDED ACTION: Staff recommends approval of a Temporary Use Permit for the
Greenwald Pavilion Tent. Staff finds that this one-time Temporary Use Permit is consistent with
the previous approval, is consistent with the mission of the Aspen Institute, is consistent with the
Academic zoning and the SPA overlay, and will be a benefit to the greater community. There
are some visual impacts to neighboring properties, which the Applicant has addressed by
prohibiting private events from occurring in the tent, and by requesting that when a two (2) week
or longer "gap" occurs between events that the canvas cover be removed from the tent. Staff
does not support this proposal because of the implications that has on making this a more
permanent structure without an SPA Amendment process. Staff does support the ban on private
events.
The temporary tent is proposed to be in operation from June 30, 2008 through August 20, 2008,
with set-up occurring June 22, 2008 — June 29, 2008, and take -down occurring August 21, 2008
— August 28, 2008. The set-up and take -down of the tent is noisy, so Staff has included a
condition in the Resolution requiring the Institute to coordinate these processes with other noise -
sensitive events being held at the Institute, including the Music Festival.
4 See page 4 of the Application, attached hereto as Exhibit E.
Aspen Institute Temporary Use Permit
Staff Report, Page 3 of 4
PROPOSED MOTION: "I move to approve the request for a Temporary Use Permit at the
Aspen Institute for the purpose of erecting the Greenwald Pavilion tent from June 22, 2008 to
August 28, 2008 with conditions as noted in Resolution No. TL, Series of 2008"
CITY MANAGER COMMENTS:
ATTACHMENTS:
EXHIBIT A — Review Criteria and Staff Findings
Exhibit B — Resolution 22, Series 2005
Exhibit C — Resolution 8, Series 2007
Exhibit D — Email from Applicant outlining request for permanent flooring
Exhibit E - Application
Aspen Institute Temporary Use Permit
Staff Report, Page 4 of 4
•
•
EXHIBIT A
26.450.030 CRITERIA APPLICABLE TO ALL TEMPORARY USES.
Section 26.450.030 of the City Land Use Code provides that the City Council shall consider the
following criteria, as applicable, when reviewing development applications for a temporary use:
A. The location, size, design, operating characteristics, and visual impacts of the proposed
use.
The proposed temporary use is for the existing Greenwald Pavilion Tent at the Aspen
Institute. The Institute received temporary use approval from the City Council to operate
the tent in the summers of 2005, 2006, and 2007. The tent is sixty (60) feet by one -
hundred and twenty (120) feet with a catering wing of twenty (20) feet by forty (40) feet.
The temporary use now proposed is the same as was originally approved for the previous
summers, with the exception of the time period. The time period proposed for the 2008
summer is from June 22 — August 28, which is slightly shorter than the 2007 approval
and one month sorter than in the 2005 and 2006 approval.
The tent will be used, as it was used in the previous summers, to house events for the
Aspen Ideas Festival, the Brainstorm Fortune Conference, and the Aspen institute
Summer Celebration. The Institute will not allow private events, such as parties or
weddings in the tent.
Staff finds this criterion to be met.
B. The compatibility of the proposed temporary use with the character, density and use of
structures and uses in the immediate vicinity.
The proposed tent is compatible with the existing uses in the Aspen Institute SPA. The
tent is used for activities related to events such as the Aspen Ideas Festival. The
Greenwald Tent was used in the summers of 2005, 2006, and 2007. Continuing the use
of the tent for the 2008 summer is consistent with the previous approval and activities on -
site.
Staff finds this criterion to be met.
C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and
traffic patterns, municipal services, noise levels, and neighborhood character.
The proposed temporary tent has visual impacts on neighboring properties, especially
those across the Roaring Fork River. The Applicant has proposed leaving the steel
structure up for the duration of the temporary use permit, but taking the white canvas
cover off when there is a two (2) week of more "gap" in events. This is intended to
minimize the visual impacts on the neighbors. Staff does not recommend approval of this
set up and take down of the canvas. The Institute is pursuing this temporary use permit
because there is not enough time between the time of application and the summer events
to have an SPA Amendment (which proposes making the tent permanent) heard at the
Planning and Zoning Commission and at City Council. If the canvas cover is taken
down, the Institute has requested that the permanent floor be constructed instead of the
temporary wood floor for fear that weather will damage the floor when the canvas is
removed. Because this is a temporary permit, Staff cannot support installing the
permanent floor when it is part of the SPA Amendment request to make the entire tent
permanent. To do so would move toward making this tent a percent structure without
undertaking the appropriate reviews (Ordinance 48 review, SPA Review). Because Staff
cannot support the permanent floor, Staff does not support the removal of the white
canvas cover during "gap" periods due to weather concerns with the temporary floor.
Staff also does not support the removal of the canopy during "gap" times because of the
negative impacts the noise could have on other events at the Institute (i.e. Music
Festival).
The tent will be required to abide by all noise requirements in the zone district and no
private events may occur in the tent. Because of the potential impacts the set-up and
take -down of the tent may have on other events at the Institute (i.e. the Music Festival), a
condition of approval in the Resolution requires that these times be coordinated with
other events occurring at the Institute. The anticipated municipal services will not exceed
those needed in the previous approvals.
Staff finds this criterion to be met.
D. The duration of the proposed temporary use and whether a temporary use has
previously been approved for the structure, parcel, property or location as proposed in
the application.
The temporary tent is proposed to be in operation from June 30 through August 20, with
set-up occurring June 22 — June 29, and take -down occurring August 21 — August 28.
The approval for the 2005 and 2006 summers was from July 1 through September 28,
with set-up and take -down the week before and after the operational time period. The
approval for the summer of 2007 was from June 28 — August 28 with set-up and take-
down the week before and after the operational time period.
The operational time for this temporary use permit is shorter than the previous approvals.
The time period is appropriate for the proposed uses in the tent, including the Aspen
Ideas Festival.
Staff finds this criterion to be met.
E. The purposes and intent of the zone district in which the temporary use is proposed.
The Aspen Institute is zoned Academic -Specially Planned Area (A -SPA). The tent is
consistent with the purpose and intent of the Academic zone district and with the
Institute's SPA. -
Staff finds this criterion to be met.
F. The relation of the temporary use to conditions and character changes which may have
occurred in the area and zone district in which the use is proposed.
The use of a tent for summer programs is consistent with the historic and current uses of
the Aspen Institute. The Institute has not undergone significant changes from its
establishment in the 1950s, though there has been significant residential development on
neighboring properties. The temporary use permit is consistent with the previous
temporary use approval.
Staff finds this criterion to be met.
G. How the proposed temporary use will entrance or diminish the general public health,
safety or welfare.
The tent will be used to provide an additional venue for events, such as the Aspen Ideas
Festival, the Brainstorm Fortune Conference, and the Aspen Institute Summer
Celebration. These events are beneficial to the community, as they provide educational
opportunities consistent with the Art, Culture, and Education section of the Aspen Area
Community Plan.
Staff finds this criterion to be met.
RESOLUTION NO.
(Series of 2005)
A RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING A
TEMPORARY USE APPROVAL TO ALLOW FOR THE PLACEMENT OF A TENT AT
THE ASPEN INSTITUTE, 1000 NORTH THIRD STREET, CITY AND TOWNSITE OF
• ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2735-121-29-809
WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant,
The Aspen Institute, has submitted an application for a Temporary Use Permit to place a tent on
the Aspen Institute campus north of the Koch Seminar Building just east of Anderson Park, 1000
North Third Street, City and Townsite of Aspen; and,
WHEREAS, the Applicant requests to utilize the tent for 180 days divided evenly among
the summer months of 2005 and 2006; and,
WHEREAS, the Community Development Department has reviewed the temporary use
application and referral comments from the City Parks Department, the City Environmental
Health Department, and the Historic Preservation Commission and recommends that the City
Council approve the temporary use permit with conditions; and,
WHEREAS, City Council finds that the proposed temporary use is consistent with the
character and existing land uses of the surrounding parcels and neighborhood and that granting
the temporary use permit will not adversely impact the neighborhood; and,
WHEREAS, the Aspen City Council has reviewed and considered the temporary use
request under the applicable provisions of the Municipal Code as identified herein, has reviewed
and considered the recommendation of the Community Development Director, the applicable
referral agencies, and has taken and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the temporary use request meets or exceeds all
applicable development standards and that the approval of the proposal, with conditions, is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO, "THAT:
Section 1
In accordance with Section 26.450.020 of the Aspen Municipal Code, the City Council of the
City of Aspen. Colorado, does hereby grant the Aspen Institute a temporary use permit to erect a
tent on a temporary basis during the 2005 and 2006 summer seasons, subject to the following
conditions:
1. The temporary use permit shall be valid during the summer of 2005 between the dates of
July lst and September 28th, and removal of the tent must be completed by September
29th, 2005.
2. The temporary use permit shall be valid during the summer of 2006 between the dates of
July 1st and September 28th, and removal of the tent must be completed by September
29th, 2006.
3. Before erecting the tent on July I" during the summers of both 2005 and 2006, the
applicant shall obtain a building permit.
4. The applicant shall obtain all necessary approvals from the Environmental Health
Department for the food service operations.
5. The food section of the tent shall be limited to 90 days of operation during the summer
months.
6. Prior to installation for the first season, the applicant shall meet with the Parks
Department on site to determine the best possible placement of the tent to minimize
environmental impacts. In conjunction with Parks, HPC has assigned one of their
members (a landscape architect) to review the site plan, grading plan and any pathways to
be altered or installed.
7. Prior to any grading work to be done, the applicant shall place construction fencing
around the extent of the disturbance area in order to delineate the native zones to not be
impacted.
8. Develop a native vegetation restoration plan that receives approval from the Parks
Department with a copy is recorded with the Community Development Department. Said
plan will contain the following elements:
a. Noxious Weeds: The Aspen Institute will be responsible for the control of noxious
weeds during the entire time period of the temporary use, up until the area is restored
as outlined below. This will require a plan and contract with a local vegetation
management company or provide, for city review, a detailed plan on how the in-house
staff will manage any weed issues. The City of Aspen will perform inspections of the
area.
b. Restoration: All areas disturbed to accommodate the installation of the tent, events
and or other activities shall be restored to the following standards.
i. Seeding Procedure: Hand broadcast seed in areas of disturbance. Rake seed into
soil. Cover area with certified weed free straw.
ii. Seed Mix: Indian Rice Grass `Nez Par' - Achnatherum hymenoides "Nez Par'
3.0 lbs/acre, Sideoats Grama Bouteloua curtipedula `Pierre' 4.0 lbs/acre,
Sandberg Bluegrass Poa secunda `Sherman' .5 lbs/acre, Thickspike Wheat Grass
Elymus lanceolatus 2 lbs/acre, `San Luis' Slender Wheatgrass Elymus
trachycalulus 3 lbs/acre, Arizona Fescue Festuca ovina `Arriba' 2.5 lbs/acre,
`Arriba'Westem Wheatgrass Pascopyrum smithii `Arriba' 2.5 lbs/acre, Hairy
Golden Aster Chrsopsis villosa .25 lbs/acre, Silver Lupine - Lupinus argenteus
1.0 lbs/acre, Rocky Mountain Penstemon Penstemon strictus 2.0 lbs/acre,
Arrowleaf Balsam Root Balsamorhiza sagittata .5 lbs/acre, Mules Ear Wyethia
amplexicaulis .5lbs/acre. Seed mix can be purchased at:
Arkansas Valley Seed-303.320.7500, Pawnee Butte Seed-800.782.5947, or
Granite Seed- 801.768.4422.
iii. Top Soil: All disturbed areas shall be restored with a minimum of six (6) inches
of good organic topsoil.
iv. Irrigation: The irrigation system shall be designed for temporary use and installed
at the time of restoration. The system should be designed to properly provide
coverage to all disturbed areas.
Section 2:
This Resolution shall not affect 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 construed and concluded under such prior ordinances.
Section 3•
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.
FINALLY, Adopted, Passed, and Approved on this ( ��day of , 2005, at a duly noticed
public hearing before City Council.
APPROVED AS TO FORM:
J orcester, City Attorney
ATTEST:
PIA
Kathryn S. K h, City Clerk
C:\home\Current Planning\CASES\Institute Tent\CC Reso.doc
APPROVED AS TO CONTENT:
RESOLUTION NO. 8
(Series of 2007)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
GRANTING A TEMPORARY USE.PERMIT TO ALLOW FOR THE PLACEMENT OF
A TENT AT THE ASPEN INSTITUTE, 1000 NORTH THIRD STREET, CITY AND
TOWNSITE OF ASPEN, COLORADO
Parcel ID 2735-121-29-809
WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant,
The Aspen Institute, has submitted an application for a Temporary Use Permit to place a tent on
the Aspen Institute campus north of the Koch Seminar Building just east of Anderson Park, 1000
North Third Street; and,
WHEREAS, the Applicant received approval for a Temporary Use Permit to place a tent
on the Aspen Institute Campus in the same location from July 1, 2005 to September 28, 2005,
and from July 1, 2006 to September 28, 2006; and
WHEREAS, the Applicant requests to utilize this tent from June 28, 2007 to August 28,
2007, requests to set up the tent from June 21, 2007 to June 27, 2007, and requests to take down
the tent from August 29, 2007 to September 4, 2007; and,
WHEREAS, Community Development Department reviewed the temporary use
application and referral comments from the Historic Preservation Commission, the Parks
Department, and the Environmental Health Department, and recommends that the City Council
approve the temporary use permit with conditions; and,
WHEREAS, City Council finds that the proposed temporary use is consistent with the
character and existing land uses of the surrounding parcels and neighborhood and that granting
the temporary use will not adversely impact the neighborhood; and
WHEREAS, City Council conducted a duly noticed public hearing on February 12,
2007; and,
WHEREAS, City Council has reviewed and considered the temporary use request under
the applicable provisions in the Municipal Code, has reviewed and considered the
recommendation of the Community Development Director, the applicable referral agencies, and
has taken and considered public comment; and,
Resolution No. 8, Series of 2007
Page 2
WHEREAS, City Council finds that the temporary use permit meets or exceed all
applicable development standards; and,
WHEREAS, the City Councinl finds that this Resolution furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO, THAT:
Section 1
In accordance with Section 26.450 of the Aspen Municipal Code, the City Council of the City of
Aspen, Colorado, does hereby grant the Aspen Institute a Temporary Use Permit to place a tent at
the Aspen Institute campus north with the following conditions:
1. The temporary use is valid from June 21, 2007 to September 4, 2007.
2. The Applicant may begin erecting the tent on June 21, 2007.
3. The tent must be completely disassembled by September 4, 2007.
4. The tent shall only be operable from June 28, 2007 to August 28, 2007,
5. The Applicant must obtain a building permit before erecting the tent on June 21, 2007.
6. The temporary use shall allow for a Main Tent of sixty (60) feet by one -hundred (100)
feet, and a Catering Wing of twenty (20) feet by forty (40) feet.
7. The Applicant shall obtain all necessary approvals from the Environmental Health
Department for the food service operations.
8. The Applicant shall follow the approvals from Parks and HPC in Resolution 22, Series
2005 with regards to placement of the tent, site plan, grading plan, and any pathways to
be altered or installed.
9. Prior to any grading work to be done, the Applicant shall place construction fencing
around the extent of the disturbance area in order to delineate the native zones which are
not to be impacted.
10. A native vegetation restoration plan approved by the Parks Department, which includes
the following elements, must be followed:
a. Noxious Weeds: The Aspen Institute will be responsible for the control of
noxious weeds during the entire time period of the temporary use, up until the
area is restored as outlined below. This will require a plan and contract with a
local vegetation management company or provide, for city review, a detailed plan
on how the in-house staff will manage any weed issues. The City of Aspen will
perform inspections of the area.
b. Restoration: All areas disturbed to accommodate the installation of the tent,
events, and or other activities shall be restored to the follow standards:
Resolution No. 8, Series of 2007
Page 3
i. Seeding Procedure: Hand broadcast seed in areas of disturbance. Rake
seed into soil. Cover area with certified weed free straw.
ii. Seed Mix: Indian Rice Grass "Nez Par" — Achnatherum hymenoids "nez
Par" 3.0 Ibs/acre, Sideoats Grama Boutelous curtipedula "Pierre" 4.0
lbs/acre, Sandberg Bluegrass Poa secunda "Sherman" 0.5 lbs/acre,
Thickspike Wheat Grass Elymus lanceolatus 2.0 lbs/acre, "San Luis"
Slender Wheatgrass Elymus trachycalulus 3.0 lbs/acre, Arizona Fescue
Festuca ovina "Arriba" 2.5 lbs/acre, "Arriba" Western Wheatgrass
Pascopyrum smithii "Arriba" 2.5 lbs/acre, Hairy Golden Aster Chrsopsis
villosa 0.25 Ibs/acre, Silver Lupine — Lupinus argenteus 1.0 lbs/acre,
Rocky Mountain Penstemon Penstemon strictus 2.0 lbs/acre, Arrowleaf
Balsam Root Balsamorhiza sagitta 0.5 lbs/acre, Mules Ear Wyethia
amplexicaulis 0.5 Ibs/acre. Seed mix can be purchased at" Arkansas
Valley Seed — 303.320.7500, Pawnee Butte Seed — 800.782.5947, or
Granite Seed — 801.768.4422,
iii. Top Soil: All disturbed areas shall be restored with a minimum of six (6)
inched of good organic topsoil.
iv. Irrigation: The irrigation system shall be designed for temporary use and
installed at the time or restoration. The system should be designed to
properly provide coverage to all disturbed areas.
11. The tent shall only be used for events that are sponsored or co -sponsored by the Aspen
Institute. This shall not include private parties, weddings, etc.
12. All activities in the tent shall be subject to and abide by the Aspen Noise Abatement
Ordinance, Title 18 of the City of Aspen Municipal Code. Prior to erecting the tent, the
Institute shall submit a noise suppression plan to the City of Aspen Environmental
Health Department that addresses the events held inside the tent.
13. All material representations made in the application and in the hearing by the Applicant
and the Applicant's representative shall be considered conditions of approval, unless
amended by other conditions.
Section 2•
This Resolution shall not affect 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 construed and concluded under such prior ordinances.
Section 3•
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. j
Resolution No. 8, Series of 2007
Page 4
APPROVED, February 12, 2007, at a public hearing before the City Council of the City of
Aspen, Colorado.
Helen Ka in MaYderud, ayor orcester, City Attorney
ATTEST:
Kathryn S. K , City Clerk
i
C
A �xhibi+ D
Jessica Garrow
From: Jim Curtis Dcurtis@sopris.net]
Sent: Wednesday, January 23, 2008 10:57 AM
To: Jessica Garrow
Subject: Greenwald Tent --Interesting Problem
The Institute would like to request the permanent floor be able to be installed this
summer for this reason. The temporary floor that has been installed since 2005 is a 2 x 4
wood frame laid on the existing gavel base. Sheets of plywood are then screwed to the 2 x
4 wood frame & then carpet is laid on top of the plywood top. If the white canvas is
removed between events as proposed and it rains, it will buckle the plywood topping & wood
frame, & the temp. floor would need to be redone. This actually occurred in the set-up of
the tent in
2006 when the floor was installed & left uncover for 3 days before the tent was put up &
it rained, & the floor had to be redone. The temp. floor cost about $ 30,000 each time to
put down.
Conversely, if we use the temp. floor for 2008 then we would not be able to remove the
white canvas between events & view the impact of the steel skeleton from Pitkin Green. We
could keep the white canvas up for 2008 & then when it is removed in late August we could
keep the steel skeleton up for couple of days & view the impact fr. Pitkin Green.
Thanks
1
•
Ywhj
7A*9
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
•
PROPERTY: �/"" �, U ' ' i v 1 , Aspen, ADDRESS OF PROPE p , CO
SCHEDULED PUBLIC HEARING DATE: , 200v
STATE OF COLORADO )
) ss.
CountAof Pitkin A )
I,I VVI 0 I- v (name, please print)
representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have
compl'ith with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the
following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.✓
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted in a conspicuous place on
the subject property at least fift (15) d s prior to the public hearing and was
continuously visible from their day of N , 200 9 , to and
including the date and time of the public he ing. A phot graph of the posted
notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class, postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application, and, at least fifteen (15) days
prior to the public hearing, notice was hand delivered or mailed by first class
postage prepaid U.S. mail to any federal agency, state, county, municipal
government, school, service district or other governmental or quasi -governmental
agency that owns property within three hundred (300) feet of the property subject
to the development application. The names and addresses of property owners
shall be those on the current tax records of Pitkin County as they appeared no
more than sixty (60) days prior to the date of the public hearing. A copy of the
owners and governmental agencies so noticed is attached hereto.
(continued on next page)
0
•
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on sucl
The foe ing "Affidavit of Notice" was
of , 200 S, by
PUBLIC NOTICE
DATE
TIME
PLACEi `
PURPOSE -
this Y day
le
a n ,P
WITNESS MY HAND AND OFFICIALV,, u���
My commission expires:
Not Public
.� ,z o 6 (2 e: 9 ore,
ATTACHMENTS:
COPY OF THE PUBLICATION
�I e, I �, rOGRAPH OF THE POSTED NOTICE (SIGN)
JL i IDS
MW
W11
►OE FUMES IMFORrATI MCOMTACt• \1ERS AND GOVERNMENTAL AGENCIES NOTICED
130 i a LENAiTe�l►EM CO al97 io�i`w
BYMAIL
• • EXHIBIT 8
AMERY SALADIN ASPEN CENTER FOR PHYSICS ASPEN INSTITUTE INC
EBRAHIMI FRANCESCA 700 E GILLESPIE 1000 N THIRD ST
HOUSE B21 BURNSIDE, 9 S BAY RD ASPEN, CO 81611 ASPEN, CO 81611
HONG KONG CHINA,
CHRIST EPISCOPAL CHURCH CITY OF ASPEN COLLINS CHARLES & JANICE S
C/O ANTHONY SCHEER 130 S GALENA ST PO BOX HH
PO BOX 2299 ASPEN, CO 81611 ASPEN, CO 81612
ASPEN, CO 81612-2299
DALENSON THEODORE & ISABELLA
ELLI S GORSUCH 1.07% INT
ELLIOTT ELYSE A
C/O ALPINE VALLEY SERVICES
707 W NORTH ST
610 NORTH ST
204 PARK AVE STE 1G
ASPEN, CO 81611
ASPEN, CO 81611
BASALT, CO 81621
F430 LLC
FALENDER STEVEN & DEBRA
FARVER CHARLES F
51 WINDING BROOK DR
603 W GILLESPIE ST
617 FRANKLIN PL #200
SARATOGA SPGS, NY 12866
ASPEN, CO 81611
PELLA, IA 50219
FELDER RICHARD & DEBORAH LIV GILLESPIE HISTORIC PTNRS LLC GOLDSMITH BARBARA L TRUST
TRUST PO BOX G 733 25TH ST
11498 E CAROL WAY ASPEN, CO 81612 SANTA MONICA, CA 90402-3143
SCOTTSDALE, AZ 85259-2620
GORSUCH BROOKS S 1.07% INT GORSUCH JEFFREY S 48.935% INT GORSUCH MARIEL MATHESON 1.07%
707 W NORTH ST 85 GLEN GARRY DR INT
ST
ASPEN, CO 81611 ASPEN, CO 81611-3355 707 W NORTH ASPEN, CO 81611
HST
GORSUCH MOLLY M 48.935% INT
KESSLER HOWARD
KOLBE EMILY E
707 W NORTH ST
1453 FLAT ROCK RD
C/O HOOTENANNY LLC
ASPEN, CO 81611
NORBERTH, PA 19072
205 S MILL ST #226ASPEN,
CO 81611
LAUDER LEONARD A & EVELYN H
LAUDER WILLIAM 1/2 ET AL
LEFEBER HOPE
2 E 67TH ST
767 5TH AVE 40TH FL
1453 FLAT ROCK RD
NEW YORK, NY 10021
NEW YORK, NY 10153
NORBERTH, PA 19072
LUETKEMEYER JOHN A JR & SUZANNE MARCUS STEPHEN J MARKALUNAS JAMES J & RAMONA I
F 50% PO BOX 1709 624 W NORTH ST
1427 CLARKVIEW ROAD - STE 500 ASPEN, CO 81612 ASPEN, CO 81611
BALTIMORE, MD 21209
MUSGRAVE MARJORY M MUSIC ASSOCIATES OF ASPEN INC ODOM JOHN A JR TRUSTEE 50%
629 W NORTH ST 2 MUSIC SCHOOL RD ODOM LORRIE FURMAN TRUSTEE 50%
ASPEN, CO 81611 ASPEN, CO 81611-8500 11490 W 38TH AVE
WHEATRIDGE, CO 80033
PITKIN COUNTY SALTER JAMES 60% SALTER KATHLEEN ANNE ELDREDGE
530 E MAIN ST #302 500 NORTH ST 40%
ASPEN, CO 81611 ASPEN, CO 81611 500 NORTH ST
ASPEN, CO 81611
SCHREIBER EUGENE H & STANFORD D SOLSTICE OWNERSHIP VI LLC UHLFELDER NAOMI
50% PO BOX 65 PO BOX 1165
17 W PENNSYLVANIA AVE TIBURON, CA 94920 ASPEN, CO 81612
TOWSON, MD 21204
VANDERAA GILBERT T III WF CASTLE CREEK LLC WURTELE CHRISTOPHER C TRUST
C/O HOOTENANNY LLC PO BOX 1444 895 ROARING FORK RD
205 S MILL ST #226 CARBONDALE, CO 81623 ASPEN, CO 81611
ASPEN, CO 81611
'Z:� � olvK
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 8 70 h eaJo W S � , Aspen, CO
SCHEDULED PUBLIC HEARING DATE: L40A0� �Jr n�j , 200E
STATE OF COLORADO )
) ss.
County of Pitkin )
1, C O r2- (name, please print)
being or repres nting an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
✓Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
, 200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(continued on next page)
9
•
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
Signatur
The f oing "Affidavit of Noti " was acknowle ged b ore me this day
of , 200 , by V
PUBut, NC f E
RE: ASPEN INSTITUTE TEMPORARY USE
PERMIT
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Monday. February 11, 2008, at a
meeting to begin at 5:00 p.m. before the Aspen
City Council, Council Chambers, City Hall, 130 S.
Galena St., Aspen, to consider an application sub
miffed by Jim Curtis, on behalf of The Aspen Insti
tute, requesting a Temporary Use Permit to allow
for the use of the Greenwald Pavilion Tent from
June 30 to August 20, 2008 and to allow for the set
up of the tent June 22 to June 29, 2008 and the
take down of the tent from August 21 to August 28,
2008. The subject property is located at 870
Meadows Road, Aspen, CO 81611,
For further information, contact Jessica Garrow at
the City of Aspen Community Development De
partment, 130 S. Galena St., Aspen, CO
970.429.2780, (or by email
jessicag ®ci.aspen.co. us).
s/Michael Ireland, Mayo
Aspen City Council
Published in the Aspen Times Weekly on January
27, 2008.(1085349) .
WITNESS MY HAND AND OFFICIAL SEAL
My commission
otary Public
ATTACHMENTS:
COPY OF THE PUBLICATION
. PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
W P F MC G t/
,oTAR),
PU51- p
Or- ri-
PUBLIC NOTICE f
�,�
RE: ASPEN INSTITUTE TEMPORARY USE PERMIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, February 11,
2008, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City
Hall, 130 S. Galena St., Aspen, to consider an application submitted by Jim Curtis, on behalf of
The Aspen Institute, requesting a Temporary Use Permit to allow for the use of the Greenwald
Pavilion Tent from June 30 to August 20, 2008 and to allow for the set up of the tent June 22 to
June 29, 2008 & the take down of the tent from August 21 to August 28, 2008. The subject
property is located at 870 Meadows Road, Aspen, CO 81611. For further information, contact
Jessica Garrow at the City of Aspen Community Development Department, 130 S. Galena St.,
Aspen, CO 970.429.2780, (or by email jessicag@ci.aspen.co.us).
s/Michael Ireland, Mayor
Aspen City Council
Published in the Aspen Times on January 27, 2006
City of Aspen Account
•
TO: Jessica Garrow.
FROM: Jim Curtis,
DATE: January 30, 2008
0
MEMORANDUM
Aspen Community Development Office
Owner Representative
The Aspen Institute
Supplemental Information
Aspen Institute Property
Greenwald Pavilion Tent SPA Amendment Application
Parcel #2735-121-29-809
Pursuant to Jennifer Phelan's Land Use Application -Determination of
Completeness letter dated January 14, 2008, for the above referenced land use
application; here is the updated response to Code Section 26.600 Impact Fees &
Dedications.
VII. IMPACT FEES & DEDICATIONS, CODE SECTION 26.600
A. Impact Fees, Code Section 26.610. The Aspen Institute request a waiver of the
Park Development Impact Fee and the Transportation Demand Management/Air
Quality Impact Fee under the Waiver of Fees, Section 26.610.100 as an Essential
Public Facility.
City Council Ordinance # 14 (Series of 1991) which approved the 1991 SPA
Master Plan found both the MAA and Aspen Institute facilities to be Essential
Public Facilities. Most recently in December, 2004, the City Council found the
Doerr -Hosier Center under Resolution #45 (Series of 2004) to be an Essential
Public Facility. Additionally, the Greenwald Pavilion Tent is a "summer -only"
Tent supplemental to the Aspen Institute existing summer events and facilities.
The summer events held in the Tent are limited to 3 — 5 larger keynote events
which benefit the Town's cultural heritage and summer economy. The Tent does
not add any new residential or lodging units or year-round daily use leaseable
square footage.
B. School Land Dedication, Code Section 26.620. Not Applicable under Section
26.620.030, Exemptions. The Tent is a non-residential use.
GarrowS uppl nfo SPAAmend
RESOLUTION NO.
(Series of 2005)
A RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING A
TEMPORARY USE APPROVAL TO ALLOW FOR THE PLACEMENT OF A TENT AT
THE ASPEN INSTITUTE, 1000 NORTH THIRD STREET, CITY AND TOWNSITE OF
ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2735-121-29-809
WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant,
The Aspen Institute, has submitted an application for a Temporary Use Permit to place a tent on
the Aspen Institute campus north of the Koch Seminar Building just east of Anderson Park, 1000
North Third Street, City and Townsite of Aspen; and,
WHEREAS, the Applicant requests to utilize the tent for 180 days divided evenly among
the summer months of 2005 and 2006; and,
WHEREAS, the Community Development Department has reviewed the temporary use
application and referral comments from the City Parks Department, the City Environmental
Health Department, and the Historic Preservation Commission and recommends that the City
Council approve the temporary use permit with conditions; and,
WHEREAS, City Council finds that the proposed temporary use is consistent with the
character and existing land uses of the surrounding parcels and neighborhood and that granting
the temporary use permit will not adversely impact the neighborhood; and,
WHEREAS, the Aspen City Council has reviewed and considered the temporary use
request under the applicable provisions of the Municipal Code as identified herein, has reviewed
and considered the recommendation of the Community Development Director, the applicable
referral agencies, and has taken and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the temporary use request meets or exceeds all
applicable development standards and that the approval of the proposal, with conditions, is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO,THAT:
Section 1:
In accordance with Section 26.450.020 of the Aspen Municipal Code, the City Council of the
City of Aspen, Colorado, does hereby grant the Aspen Institute a temporary use permit to erect a
tent on a temporary basis during the 2005 and 2006 summer seasons, subiect to the following
conditions:
1. The temporary use permit shall be valid during the summer of 2005 between the dates of
July 1st and September 28th, and removal of the tent must be completed by September
29th, 2005.
2. The temporary use permit shall be valid during the summer of 2006 between the dates of
July 1st and September 28th, and removal of the tent must be completed by September
29th, 2006.
3. Before erecting the tent on July I" during the summers of both 2005 and 2006, the
applicant shall obtain a building permit.
4. The applicant shall obtain all necessary approvals from the Environmental Health
Department for the food service operations.
5. The food section of the tent shall be limited to 90 days of operation during the summer
months.
6. Prior to installation for the first season, the applicant shall meet with the Parks
Department on site to determine the best possible placement of the tent to minimize
environmental impacts. In conjunction with Parks, HPC has assigned one of their
members (a landscape architect) to review the site plan, grading plan and any pathways to
be altered or installed.
7. Prior to any grading work to be done, the applicant shall place construction fencing
around the extent of the disturbance area in order to delineate the native zones to not be
impacted.
8. Develop a native vegetation restoration plan that receives approval from the Parks
Department with a copy is recorded with the Community Development Department. Said
plan will contain the following elements:
a. Noxious Weeds: The Aspen Institute will be responsible for the control of noxious
weeds during the entire time period of the temporary use, up until the area is restored
as outlined below. This will require a plan and contract with a local vegetation
management company or provide, for city review, a detailed plan on how the in-house
staff will manage any weed issues. The City of Aspen will perform inspections of the
area.
b. Restoration: All areas disturbed to accommodate the installation of the tent, events
and or other activities shall be restored to the following standards.
i. Seeding Procedure: Hand broadcast seed in areas of disturbance. Rake seed into
soil. Cover area with certified weed free straw.
ii. Seed Mix: Indian Rice Grass `Nez Par' - Achnatherum hymenoides "Nez Par'
3.0 Ibs/acre, Sideoats Grama Bouteloua curtipedula `Pierre' 4.0 lbs/acre,
Sandberg Bluegrass Poa secunda `Sherman' .5 lbs/acre, Thickspike Wheat Grass
Elymus lanceolatus 2 lbs/acre, `San Luis' Slender Wheatgrass Elymus
trachycalulus 3 lbs/acre, Arizona Fescue Festuca ovina `Arriba' 2.5 lbs/acre,
`Arriba' Western Wheatgrass Pascopyrum smithii `Arriba' 2.5 lbs/acre, Hairy
Golden Aster Chrsopsis villosa .25 lbs/acre, Silver Lupine - Lupinus argenteus
1.0 lbs/acre, Rocky Mountain Penstemon Penstemon strictus 2.0 lbs/acre,
Arrowleaf Balsam Root Balsamorhiza sagittata .5 lbs/acre, Mules Ear Wyethia
amplexicaulis .5lbs/acre. Seed mix can be purchased at:
Arkansas Valley Seed-303.320.7500, Pawnee Butte Seed-800.782.5947, or
Granite Seed- 801.768.4422.
iii. Top Soil: All disturbed areas shall be restored with a minimum of six (6) inches
of good organic topsoil.
iv. Irrigation: The irrigation system shall be designed for temporary use and installed
at the time of restoration. The system should be designed to properly provide
coverage to all disturbed areas.
Section 2•
This Resolution shall not affect 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 construed and concluded under such prior ordinances.
Section 3•
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'.
FINALLY, Adopted, Passed, and Approved on this ( (day of , 2005, at a duly noticed
public hearing before City Council.
APPROVED AS TO FORM:
Joh�orc-e ter, City Attorney
ATTEST:
Kathryn S. Vh-, City Clerk
CAhome\Current Planning\CASESUnstitute Tent\CC Reso.doc
APPROVED AS TO CONTENT:
Page 1 of 2
Jessica Garrow
From: Jim Curtis Dcurtis@sopris.net]
Sent: Tuesday, January 15, 2008 10:58 AM
To: Jennifer Phelan
Cc: Jessica Garrow
Subject: Re: Completeness Review for the Aspen Institute
Response to your "Determination of Completeness" dated January 14, 2008.
1. Extension of Temporary Use Permit for Summer 2008. The Aspen Institute would greatly appreciate
the Feb. 11 City Council agenda. The Institute is happy not to deviate from the prior approval of
Resolution No._ 8 (2007). The "concessions" mentioned in the application are outlined on Pg. 2 of the
application & are based on meetings the Institute had with a few of the interested Pitkin Green.
neighbors. I'm assuming City Council at the Feb. 11 meeting could elect to change or modify
conditions of the Temporary Use Permit granted by Res. 8 (2007) if they wish, i.e. City Council
could enact some of the "concessions" outlined in the application as part of the 2008 Temporary
Use Permit if they wish. Please understand that to delay review of the Extension of Temporary Use
Permit to May would probably result in the Aspen Ideas Festival (June 30-July 6) being cancelled & the
resulting negative impact on the Town.
2. Ordinance #48. The Institute proposes to request an interpretation of Ordinance #48
under Chapter 26.306. I hope to submit the request to you by end of next week.
3. Park Impact Fee. I will submit you an updated response based on the nevv code language.
I also appreciate you having Jessica Garrow review the application as she has prior experience
dealing with the application. _
Thanks,
Jim Curtis
On Jan 15, 2008, at 10:17 AM, Jennifer Phelan wrote:
Jim: Attached is a pdf of my review of your application. The possible dates for the
temporary use permit and IJPC review are time sensitive with regard to public notice. Staff
needs to submit a notice to the paper this Friday due to the upcoming holiday. Let me know
how you would like to proceed.
Jennifer Phelan, Deputy Director
Community Development Department
City of Aspen
130 S. Galena Street
1/15/2008
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Aspen, CO 81611
PH: 970.429.2759
FAX: 970.920.5439
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1 /15/2008
ASPEN INSTITUTE PROPERTY
GREENWALD PAVILION TENT
Specially Planned Area (SPA) Amendment Application
December 20, 2007
ASPEN INSTITUTE PROPERTY
GREENWALD PAVILION TENT
SPECIALLY PLANNED AREA (SPA) AMENDMENT APPLICATION
Aspen Institute Property
1000 N. Third Street
Lot 1-13, Aspen Meadows Subdivision
Parcel # 2735-121-29-809
Submitted To: Jessica Garrow
City of Aspen Community Development Office
130 South Galena Street
Aspen, Colorado 81611
970 - 920 - 5095
Owner/Applicant: The Aspen Institute
c/o Amy Margerum
Executive Vice -President
1000 N. Third Street
Aspen, Colorado 81611
970 - 544 - 7906
Architect: n/a
Planner: Mr. Jim Curtis
Curtis & Associates
300 East Hyman Avenue
Aspen, Colorado 81611
970 - 920 - 1395
Date: December 20, 2007
9 •
TABLE OF CONTENTS
Page
No.
I.
Application Summary ---------------------------------------------------------
1
II.
Tent Description & Improvements ------------------------------------------------ 4
III.
Compatibility With Other Aspen Institute Facilities
---------------------------- 5
IV.
Common Development Review Procedure
- Sec. 26.304.060(B)------------ 5
V.
Specially Planned Area (SPA) Amendment
- Sec. 26.440.090(B)----------- 6
VI.
Growth Management Review
- Sec. 26.470.040(D)(3)-------- 7
VII.
Park Development Impact Fee
- Sec. 26.610.020--------------- 8
Viii.
Temporary Use Permit Extension
- Sec. 26.450.030--------------- 9
LIST OF DRAWINGS
Following
Page No.
1. Vicinity Map-------------------------------------------------------------------------10
2. Tent Layout 2005 - 2007-----------------------------------------------------------10
3. Tent Photographs 2005 - 2007----------------------------------------------------10
4. Proposed Site Plan------------------------------------------------------------------10
5. Entrance & Walkway Canopy Sketches-----------------------------------------10
EXHIBITS
Exhibit 1 - Aspen City Council Resolution #8 (Series of 2007)
Exhibit 2 - Land Use Application Form
Exhibit 3 - Dimensional Requirements Form
Exhibit 4 - Owner's Consent & Authorization Letter
Exhibit 5 - Music Associates of Aspen & Aspen Center
for Physics Consent
Exhibit 6 - Proof of Ownership
Exhibit 7 - Fee Agreement
Exhibit 8 - Adjacent Property Owners
Exhibit 9 - Pre -Application Conference Summary
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APPLICATION SUMMARY
This Application is for the following:
1. Common Development
Review Procedure
2. Specially Planned Area (SPA)
Amendment
3. Growth Management Review
For Essential Public Facility
4. Park Development Impact Fee
Municipal
Code Section
26-304.060 (B)
26.440.090 (B)
26.470.040 (D) (3)
26.610.020
This Application is illustrated by the drawings inserted following the text of
the application.
A. Temporary Use Permit Extension for Summer 2008
Based on the pre -application conference with the Community Development
Office on December 41h, it is unlikely this application can be processed in time for the
2008 Summer Season. Therefore, the applicant requests a 1 year extension of the
Temporary Use Permit granted in 2007 by City Council Resolution #8 (Series of
2007) given in Exhibit 1. Applicant requests the Temporary Use Permit for 2008 be
amended to include the "concessions" the applicant is proposing herein. Applicant
requests the Temporary Use Permit be processed as soon as possible to give the
Institute reasonable time to set-up for the 2008 Aspen Ideas Festival scheduled for
June 30 — July 6.
B. SPA Amendment - Permanent, Summer -Only Tent
The Greenwald Pavilion Tent was used during the summers of 2005, 2006 &
2007. The 2007 "Temporary Use Permit" approved by the Aspen City Council under
Resolution #8 (Series of 2007) is given in Exhibit 1. The Tent has proven to be very
successful and the Aspen Institute is requesting approval to use the Tent on a
permanent, summer -only basis. The permanent, summer -only approval will give the
GreenwaldPavilionTentApp 12107
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Institute the certainty to schedule keynote events in advance and allow the Institute to
make improvements to the Tent to make it more functional. The Aspen Institute
proposes the following:
1. The Tent will be erected for up to 2 weeks to accommodate the Aspen Ideas
Festival or any future equivalent of the Ideas Festival. The dates of the Ideas
Festival may vary from year to year, but the Festival will generally occur in
late June through early July.
2. The Tent may be used for 5 additional events from July 1 — August 20 in
addition to the Aspen Ideas Festival above.
�3. All events must be Institute sponsored or co -sponsored events. Private events,
including but not limited to parties and weddings, are prohibited.
4. From July 1 — August 20 when the Tent is not in use for the 5 additional
events, the Institute will remove the white canvas roofing and clear side
panels of the Tent when there is a 2 week or greater "gap" between events.
The steel skeleton of the Tent will remain up during the full July 1 — August
20 period. The 2 week or greater "gap" is to give the Institute some flexibility
to keep the Tent up when events are scheduled in proximity to one another.
The set-up/take-down of the canvas panels typically encompass 4 days for
each event as follows: 1 day to set-up, 1 day to decorate and set-up podium,
chairs, etc.; 1 day for event; I day to take -down. For example, if events are
scheduled 1 week apart, the Institute feels it doesn't make sense to set-
up/take-down the canvas panels from the Is' event and then 2 - 3 days later
set-up/take-down the canvas panels for the 2nd event. By removing the canvas
panels when the Tent is not in use as described above, the structure will
become a "see -through" structure. The Institute wishes to keep the steel
skeleton up because it is the major cost in the set-up/take-down of the Tent
aside from setting -up the temporary floor from summer to summer.
5. The Institute will make the following improvements to the Tent:
A. Construct a permanent floor for the Tent.
B. Install water, electric and gas to the Tent.
C. Install audio-visual cables to the Tent to interconnect it to the other
Institute buildings for campus wide viewing of events.
D. Do Not Install permanent toilet facilities. Toilet facilities will continue
to be the facilities in the Koch Building.
6. Landscaping. The Institute is proposing "reasonable" landscaping for
reasonable screening. The Institute is not proposing a massive row of
GreenwaldPav i lionTentApp 12107 2
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evergreens completely surrounding the Tent — this would look unnatural and
absurd. The Institute is proposing planting 15 additional evergreens (spruces
and pines) between 12' — 14' tall as generally shown on the Proposed Site Plan
attached. Taller trees would require a crane for installation which would cause
more damage than good to the site. The above trees would be in addition to
the 7 existing 12' — 14' Colorado Blue Spruces the Institute planted in June,
2005. The 15 additional trees would be planted as part of the "permanent,
summer -only" approval and not for the 2008 Temporary Use Permit.
7. Events in the Tent will abide by the City of Aspen Noise Abatement
Ordinance as required by City Code.
C. Need for the Tent
The Tent gives the Institute a venue to hold the larger, but limited, keynote
events during the summer season in a wonderful outdoor setting. The vents held in
2007 were the following:
• July 2 — 8 Aspen Ideas Festival
• July 10 Socrates Lecture
• Aug. 4 Aspen Institute Board of Trustees Lecture
• Aug. 9 John Edwards Lecture
• Aug. 13 Institute — ACIH — Cleveland Clinic Health Lecture
• Aug. 15 John McCain Lecture
As of this date, the confirmed events scheduled for 2008 are given below.
Other 2008 events are likely as the Institute's summer schedule is confirmed.
June 30 — July 6 Aspen Ideas Festival
July 25 Dalai Lama Blessing
The Tent is sized to hold the larger keynote events of 400 to 600 people. No
other facilities at the Institute are sized to hold these larger keynote events. The
Doerr -Hosier Center was never designed nor sized to handle the 4 — 5 largest events
which occur only in the summer. The Doerr -Hosier Center was always sized to
handle 250 — 350 people with both banquet and seminar style seating with supporting
food service for both winter and summer operations.
Secondly, the Institute will continue to try to hold the larger events in the
Benedict Music Tent as it has done in the past. However, as we know, the Music Tent
is used virtually every day by the Music Festival from late June to late August and
especially during the high -use weekend days.
GreenwaldPavi IionTentApp 12107
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If the Aspen Community supports these larger keynote events, then a
permanent summer -only venue is desirable for scheduling, organizing and staging the
events.
II. TENT DESCRIPTION & IMPROVEMENTS
As shown on the Proposed Site Plan herein, the Tent is proposed as follows:
Main Tent -60' x 120' @ 20'— 3"height - 7,200 sf.
Catering Wing -20' x 40' @ 13'— 6" height - 800 sf. (limited use)
8,000 sf.
Entrance & Walkway Canopy
- (Christo-like
canopy)
The Catering Wing will be limited use only for those events that require lite
beverage or food service as beverages, boxed or buffet lunches or catered dinners.
The Catering Wing will be set-up/taken-down on a per event basis that requires
limited food service. The Entrance & Walkway Canopy will be a Christo-like canopy
to add a festive faire and provide rain protection. It is proposed to remain up from
July 1 — August 20.
A. Tent Improvements
A. Main Tent. The Institute will continue to use the same Tent erected during the
summers of 2005 — 2007 as shown on the Tent Photographs herein. The
Institute purchased this Tent in 2005 and it has worked well.
B. Permanent Floor. The Institute will install a permanent floor for the Tent. This
will be either asphalt or concrete which will be covered with carpeting which
will be removed in the winter.
C. Entrance & Walkwn Canopy. This will be a Christo-like canopy to add a
festive faire and provide rain protection. This is designed to be a fun, colorful
(probably orange-ish) entrance/walkway. It is proposed to remain up from
July 1 — August 20.
E. Restrooms. No permanent restrooms will be added. Patrons will use the
restrooms in the Koch Building as used during the summers of 2005 — 2007.
F. Utilities. The Institute will install permanent water, gas, electric and audio-
visual lines to the Tent. Sewer is not necessary due to the use of the Koch
Building for restrooms. The audio-visual lines are to interconnect the Tent to
the other Institute buildings for campus wide viewing of events.
GreenwaldPavilionTentApp 12107 4
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III. COMPATIBILITY WITH OTHER ASPEN INSTITUTE FACILITIES
The Tent gives the Institute a venue to handle the larger, but limited, keynote
events which only occur during the summer. The Tent is sized to handle the larger
events and compliments the other facilities as follows:
1. Doerr -Hosier Center. The Center is designed to give the Institute a state -of -the
arts conference and meeting hall with supporting food service for both winter
and summer operations. The Center is sized to handle groups of 250 — 350
people with both banquet and seminar style seating. The Center was never
designed nor sized to handle the 4 — 5 largest events which only occur in the
summer.
2. Paepcke Auditorium. The auditorium is theater seating for 350 people. It can
not handle larger groups and has no food service.
3. Koch Seminar Building. This building has 3 seminar rooms sized for smaller
groups of 50-100 people.
4. Boettcher Seminar Building. This building has 3 seminar rooms sized for
smaller groups of 30-50 people.
5. Meadows Restaurant. The restaurant is sized for food service for smaller
groups of 100-150 people.
IV. COMMON DEVELOPMENT REVIEWS, CODE SECTION 26.304.060(B)
Code Section 26.304.090(B) is addressed below:
(B). 1. Combined reviews. The procedures for reviewing development plans and
applications were more than one development approval is being sought
simultaneously may be combined or modified whenever the Community
Development Director determines, in consultation with the applicant, that
such combination or modification would eliminate or reduce duplication and
ensure economy of time, expense and clarity: provided, however, that all
public noticing normally associated with the subject development
application(s) is maintained, and that a thorough and full review of the
application and proposed development as otherwise required by this title is
achieved.
Applicant requests combined reviews of the application. Applicant feels
combining reviews would eliminate or reduce duplication and ensure
economy of time, expense and clarity in reviewing the application.
GreenwaldPav ilionTentApp 12107 5
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V. CONSOLIDATED SPECIALLY PLANNED
AREAS (SPA) AMENDMENT, CODE SECTION 26.440.090(B)
Code Section 26.440.090(B) is addressed below:
(B) All other modifications shall be approved pursuant to the terms and
procedures of the final development plan, provided that the proposed change
is consistent with or an enhancement of the approved final plan. If the
proposed change is not consistent with the approved final development plan,
the amendment shall be subject to both conceptual and the final development
review and approval.
Applicant feels the proposed amendment is both consistent with and an
enhancement of the 1991 SPA Plan for the following reasons:
The Tent gives the Aspen Institute a venue to hold larger, but limited, keynote
events like the Aspen Ideas Festival. These keynote events support the
mission of the Aspen Institute to promote open dialogue and the exchange of
ideas, and help foster the intellectual heritage of Aspen.
2. The Tent was tested during the summers of 2005 — 2007 and has proven to be
very successful for the Aspen Institute and hopefully the Aspen community. If
the Aspen community supports these larger keynote events, then a permanent
summer -only venue is desirable for scheduling, organizing and staging the
events.
The SPA approval of the Tent on a permanent summer -only basis will allow
the Aspen Institute to make improvements to the Tent so it can function
better.
4. The keynote events promote the summer economy and are generally open to
the Aspen community either live or by Grassroots TV.
5. The Tent in this location during the summer minimizes the need to set-up
temporary tents in other parts of the campus.
GreenwaldPavilionTentApp12107 6
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VI. GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL
PUBLIC FACILITY, CODE SECTION 26.470 040(D)(3)
Code Section 26.470.040(D)(3) is addressed below:
Essential Public Facilities. The development of an Essential Public Facility,
upon a recommendation from the Planning and Zoning Commission, shall be
approved, approved with conditions, or denied by the City Council based on
the following criteria:
a) The Community Development Director has determined the primary use
and/or structure to be an Essential Public Facility. (see definition)
Accessory uses may also be part of an Essential Public Facility project.
City Council Ordinance #14 (Series of 1991) which approved the
1991 SPA Master Plan found both the MAA & Aspen Institute facilities
to be Essential Public Facilities. City Council approvals thereafter have
also found the facilities of the Aspen Institute to be Essential Public
Facilities. Most recently in December, 2004, the City Council found the
Doerr -Hosier Center under Resolution #45 (Series of 2004) to be an
Essential Public Facility.
b) Sufficient growth management allotments are available to accommodate the
uses, pursuant to Section 26.470.030(C), Development Ceiling Levels and
Section 26.470.030(D), Annual Development Allotments.
To the best knowledge of the applicant, sufficient growth management
allotments are available to accommodate the use.
c) The proposed development is consistent with the Aspen Area Community
Plan.
Applicant feels the proposed development is consistent with the Aspen
Area Community Plan.
d) A sufficient percentage of the employees expected to be generated by the
project are mitigated through the provision of affordable housing or cash -in -
lieu thereof in a manner acceptable to the City Council. The Employee
Generation Rates may be used as a guideline but each operation shall be
analyzed for its unique employee needs. The City Council may waive, or
partially waive, affordable housing mitigation requirements as is deemed
appropriate and warranted for the purpose of promoting civic uses and in
consideration of broader community goals.
GreenwaldPavilionTentApp 12107 7
The proposal will not generate any new employees. The Tent's use
during the summers of 2005 — 2007 demonstrated the Aspen Meadows
existing staff can service the Tent. No new staff was added in 2005 — 2007.
No new employees will be generated and therefore the affordable housing
requirement is not applicable. The Aspen Institute respectfully requests a
waiver.
e) Free -Market residential floor area on the parcel is accompanied by
affordable housing units or mitigation pursuant to 26.470.040(C)(6), unless
otherwise restricted in the zone district. The City Council may waive, partially
waive, or establish a different limitation as is deemed appropriate and
warranted for the purpose of promoting civic uses and in consideration of
broader community goals.
Not applicable. No free-market residential housing is proposed.
J) The project represents minimal additional demand on public infrastructure or
such additional demand is mitigated through improvements proposed as part
of the project. Public infrastructure includes, but is not limited to, water
supply, sewage treatment, energy and communication utilities, drainage
control, fire and police protection, solid waste disposal, parking, and road
and transit services.
Applicant feels the project represents minimal additional demand on
public infrastructure. The applicant is not aware of any infrastructure
problems that occurred during the summers of 2005 — 2007.
VII. PARK DEVELOPMENT IMPACT FEE CODE SECTION 26.610.020
Code Section 26.610.020 is addressed below:
Applicability. Park development impact fees shall be assessed upon all
development in the City of Aspen which creates additional bedrooms in
residential dwellings, lodges, hotels, bed and breakfasts, boardinghouses,
roominghouses or dormitories and on all development which creates
additional commercial or office space. Park development impact fees shall
not be assessed upon the following:
A. Alteration or expansion of a structure which does not create any
additional bedrooms.
GreenwaldPavilionTentApp 12107 8
i
B. The replacement of a partially or totally destroyed structure which
does not create any additional bedrooms.
C. Development of essential community facilities.
D. Reserved.
E. Development involving a property listed on the Aspen Inventory of
Historic Landmark Sites and Structures.
The applicant feels the project qualifies as an Essential Community
Facility as previously outlined and requests a waiver of the park development
impact fee under Provision C above.
VIII. TEMPORARY USE PERMIT EXTENSION, CODE SECTION 26.450.030
Code Section 26.450.030 is addressed below.
A. The location, size, design, operating characteristics, and visual impacts of the
proposed use.
As described herein.
B. The compatibility of the proposed temporary use with the character, density
and use of structures and uses in the immediate vicinity.
Summer tents have historically and consistently been used on the Aspen
Institute property. Tents offer flexible venues to hold summer events in a
wonderful outdoor setting. The Aspen Institute feels the Greenwald Tent was
very successful from 2005 - 2007, and would like to continue its use to the
Summer of 2008.
C. The impacts of the proposed temporary use on pedestrian and vehicular
traffic and traffic patterns, municipal services, noise levels, and neighborhood
character.
As described herein.
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.
GreenwaldPavilionTentApp 12107 9
9 •
As described herein. The Tent was previously approved and used during the
Summers of 2005 — 2007.
E. The purposes and intent of the zone district in which the temporary use is
proposed.
The Aspen Institute parcel is zoned Academic -Specially Planned Area. The
conference, gathering, educational purpose of the Tent is consistent with the
Academic zoning of the parcel and the Academic use of the surrounding
Institute buildings.
F. The relation of the temporary use to conditions and character changes which
may have occurred in the area and zone district in which the use is proposed.
The Aspen Institute campus was established in 1950 as a center for the
exchange of ideas and open dialogue. Summer conferences, gatherings, and
events have historically been the focus of the Institute, and summer tents have
historically been used on the campus. The Aspen Institute campus has only
changed modestly over the past 50 years, but significant residential
development surrounding the Institute has occurred on Red Mountain, Pitkin
Green and Second Aspen Subdivision.
G. How the proposed Temporary Use will enhance or diminish the general
public health, safety or welfare.
The Aspen Institute feels the Tent and the summer events supported by the
Tent, like the Aspen Ideas Festival, are beneficial to and supportive of the
Aspen community.
GreenwaldPavi lionTentApp 12107 10
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Exhibits
0 . EXHIBIT 1
RESOLUTION NO. 8
(Series of 2007)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
GRANTING A TEMPORARY USE PERMIT TO ALLOW FOR THE PLACEMENT OF
A TENT AT THE ASPEN INSTITUTE,1000 NORTH THIRD STREET, CITY AND
TOWNSITE OF ASPEN, COLORADO
Parcel ID 2735-121-29-809
WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant,
The Aspen Institute, has submitted an application for a Temporary Use Permit to place a tent on
the Aspen Institute campus north of the Koch Seminar Building just east of Anderson Park, 1000
North Third Street; and,
WHEREAS, the Applicant received approval for a Temporary Use Permit to place a tent
on the Aspen Institute Campus in the same location from July 1, 2005 to September 28, 2005,
and from July 1, 2006 to September 28, 2006; and
WHEREAS, the Applicant requests to utilize this tent from June 28, 2007 to August 28,
2007, requests to set up the tent from June 21, 2007 to June 27, 2007, and requests to take down
the tent from August 29, 2007 to September 4, 2007; and,
WHEREAS, Community Development Department reviewed the temporary use
application and referral comments from the Historic Preservation Commission, the Parks
Department, and the Environmental Health Department, and recommends that the City Council
approve the temporary use permit with conditions; and,
WHEREAS, City Council finds that the proposed temporary use is consistent with the
character and existing land uses of the surrounding parcels and neighborhood and that granting
the temporary use will not adversely impact the neighborhood; and
WHEREAS, City Council conducted a duly noticed public hearing on February 12,
2007; and,
WHEREAS, City Council has reviewed and considered the temporary use request. under
the applicable provisions in the Municipal Code, has reviewed and considered the
recommendation of the Community Development Director, the applicable referral agencies, and
has taken and considered public comment; and,
Resolution No. 8, Series of 2007
Page 2
WHEREAS, City Council finds that the temporary use permit meets or exceed all
applicable development standards; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO, THAT:
Section 1:
In accordance with Section 26.450 of the Aspen Municipal Code, the City Council of the City of
Aspen, Colorado, does hereby grant the Aspen Institute a Temporary Use Permit to place a tent at
the Aspen Institute campus north with the following conditions:
I. The temporary use is valid from June 21, 2007 to September 4, 2007.
2. The Applicant may begin erecting the tent on June 21, 2007.
3. The tent must be completely disassembled by September 4, 2007.
4. The tent shall only be operable from June 28, 2007 to August 28, 2007.
5. The Applicant must obtain a building permit before erecting the tent on June 21, 2007.
6. The temporary use shall allow for a Main Tent of sixty (60) feet by one -hundred (100)
feet, and a Catering Wing of twenty (20) feet by forty (40) feet.
7. The Applicant shall obtain all necessary approvals from the Environmental Health
Department for the food service operations.
8. The Applicant shall follow the approvals from Parks and HPC in Resolution 22, Series
2005 with regards to placement of the tent, site plan, grading plan, and any pathways to
be altered or installed.
9. Prior to any grading work to be done, the Applicant shall place construction fencing
around the extent of the disturbance area in order to delineate the native zones which are
not to be impacted.
10. A native vegetation restoration plan approved by the Parks Department, which includes
the following elements, must be followed:
a. Noxious Weeds: The Aspen Institute will be responsible for the control of
noxious weeds during the entire time period of the temporary use, up until the
area is restored as outlined below. This will require a plan and contract with a
local vegetation management company or provide, for city review, a detailed plan
on how the in-house staff will manage. any weed issues. The City of Aspen will
perform inspections of the area.
b. Restoration: All areas disturbed to accommodate the installation of the tent,
events, and or other activities shall be restored to the follow standards:
9 0
Resolution No. 8, Series of 2007
Page 3
i. Seeding Procedure: Hand broadcast seed in areas of disturbance. Rake
seed into soil. Cover area with certified weed free straw.
ii. Seed Mix: Indian Rice Grass "Nez Par" — Achnatherum hymenoids "nez
Par" 3.0 lbs/acre, Sideoats Grama Boutelous curtipedula "Pierre" 4.0
lbs/acre, Sandberg Bluegrass Poa secunda "Sherman" 0.5 lbs/acre,
Thickspike Wheat Grass Elymus lanceolatus 2.0 lbs/acre, "San Luis"
Slender Wheatgrass Elymus trachycalulus 3.0 lbs/acre, Arizona Fescue
Festuca ovina "Arriba" 2.5 lbs/acre, "Arriba" Western Wheatgrass
Pascopyrum smithii "Arriba" 2.5 lbs/acre, Hairy Golden Aster Chrsopsis
villosa 0.25 lbs/acre, Silver Lupine — Lupinus argenteus 1.0 lbs/acre,
Rocky Mountain Penstemon Penstemon strictus 2.0 lbs/acre, Arrowleaf
Balsam Root Balsamorhiza sagitta 0.5 lbs/acre, Mules Ear Wyethia
amplexicaulis 0.5 lbs/acre. Seed mix can be purchased at" Arkansas
Valley Seed — 303.320.7500, Pawnee Butte Seed — 800.782.5947, or
Granite Seed — 801.768.4422.
iii. Top Soil: All disturbed areas shall be restored with a minimum of six (6)
inched of good organic topsoil.
iv. Irrigation: The irrigation system shall be designed for temporary use and
installed at the time or restoration. The system should be designed to
properly provide coverage to all disturbed areas.
11. The tent shall only be used for events that are sponsored or co -sponsored by the Aspen
Institute. Private events, including but not limited to parties and weddings, are
prohibited
12. All activities in the tent shall be subject to and abide by the Aspen Noise Abatement
Ordinance, Title 18 of the City of Aspen Municipal Code. Prior to erecting the tent, the
Institute shall submit a noise suppression plan to the City of Aspen Environmental
Health Department that addresses the events held inside the tent.
13. The tent shall be reasonably screened in a manner consistent with representations made
at the February 26, 2007 City Council hearing, and may include potted plants or lattice
screening. The screening shall be reviewed by the Community Development Department
and Parks Department as part of the Building Permit application.
14. All material representations made in the application and in the hearing by the Applicant
and the Applicant's representative shall be considered conditions of approval, unless
amended by other conditions.
Section 2•
This Resolution shall not affect 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 construed and concluded under such prior ordinances.
Section 3:
Resolution No. 8, Series of 2007
Page 4
0
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.
APPROVED, February 12, 2007, at a public hearing before the City Council of the City of
John Worces er, City Attorney
ATTEST:
}
Tom"
Kathryn S. Kocl City Clerk
EXHIBIT 2
ATTACHMENT 2 —LAND USE APPLICATION
APPLICANT:
Name:
�m
(Indicate stre
Parcel ID # (REQUIRED)
EP
TYPE OF APPLICATION: (please check all that apply):
❑
Conditional Use
❑ Conceptual PUD
❑
Conceptual Historic Devt.
❑
Special Review
❑ Final PUD (& PUD Amendment)
❑
Final Historic Development
❑
Design Review Appeal
❑ Conceptual SPA
❑
Minor Historic Devt.
❑
MQS Allotment
GMQS
Final SPA (& SPA AmendmeaQ
❑
Historic Demolition
[
Exemption
❑ Subdivision
❑
Historic Designation
❑
ESA — 8040 Greenline, Stream
❑ Subdivision Exemption (includes
❑
Small Lodge Conversion/
Margin, Hallam Lake Bluff,
condominiumization)
Expansion
Mountain View Plane
❑
Lot Split
Temporary Use
❑
Other:
❑
Lot Line Adjustment
❑ Text/Map Amendment
FYtSTTNt-AVf)N TT10NC• (dwzrrintinn nFPristina huildAR nReR nrevinns annroyals_ etd.) ✓
PROPOSAL: (descsiution of nronosed HuildinQs, Aes, in0lificatiots, etc.)
M"F' iLJ
Have attached the following? FEES DUE: $
9P -Application Conference Summary
ttachment 41, Signed Fee Agreement
[4-1�e onse to Attachment #3, Dimensional Requirements Form
esponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written
text (Microsoft Word Format) must be submitted as part of the application.
EXHIBIT 3
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable:
Existing
Number of residential units:
Existing
Number of bedrooms:
Existing
Proposed. N
hl
f Proposed: }n
Proposed.
Proposed % of demolition (Historic properties only):
DIMENSIONS:
41
Floor Area:
Existing:
Allowable:
Q�
Proposed.•
Principal bldg. height:
Existing:
—' Allowable:
Proposed:
Access. bldg. height:
Existing:
— Allowable:
Proposed: I
On -Site parking:
Existing:
Required:
— Proposed.
% Site coverage:
Existing:
— Required:
'' Proposed: ✓f `
% Open Space:
Existing:
Required:
-- Proposed._—
Front Setback:
Existing:
-- Required:
Proposed.•�
Rear Setback:
Existing:
— Required:
Proposed: ]
Combined F/R:
Existing:
Required:
osed:
Side Setback:
Existing:
-- Required:
Proposed:
Side Setback:
Existing:
Required:
Proposed:
Combined Sides:
Existing:
Required.
'' Proposed:
Distance Between
Existing
Required.•
Proposed
Buildings
Existing non -conformities
or encroachments:
Variations requested:
E
EXHIBIT 4
December 1, 2007
Ms. Jessica Garrow
Community Development Office
City of Aspen
130 South Galena
Aspen, Colorado 81611
Re: Owner's Authorization and Consent
Aspen Institute Property
Greenwald Pavilion Tent
Specially Planned Area (SPA) Amendment Application
Dear Jessica:
I hereby authorize and consent to the filing of the above referenced Land Use
Application. Jim Curtis is authorized to represent the application.
Y,
Amy M g rum
Chief m' . & Financial Officer
The Aspen Institute
LI
• EXHIBIT 5
Music Associates of Aspen & Aspen Center for Physics
Consent submitted under separate cover to Community
Development Office.
0 • EXHIBIT 6
PROPERTY PROFILE
Account: R014028 Account Type:
Tax Year: 2006 Version:
Parcel: 273512129809 Area ID:
Mill Levy: 31.645000 APR District:
Estimated Tax: Status:
EXEMPT
20060427000
001
900
A
* This Mill Levy is from the most recent tax roll
,#{ t a GeV i ///...yyy IT
ii
'}.fit ffi �43
ASPEN INSTITUTE INC SUB:ASPEN MEADOWS LOT:1-13 DESC: ACADEMIC FACILITY
1000 N THIRD ST & AUDITORIUM
ASPEN, CO 81611
1000 N THIRD ST
ASPEN, CO 81611
ssessmen n orma ion
0 0
0
• EXHIBIT 7
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
of
CITY OF ASPEN (hereinafter CITY) and IV L/ s/V I IV r ✓ I t iV 1C/
(hereinafter APPLICANT) AGREE AS FOLLOWS:
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000)
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 further 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
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient 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.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of $ 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 the processing of the application mentioned above, including post approval review at a rate of $220.00
per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and
in no case will building permits be issued until all costs associated with case processing have been paid.
CITY OF ASPEN APPLICANT
,go
By: By: JIM Mel
Chris Bendon
Community Development Director Date: (/
Mailing Address:
g:\support\forms\agrpayas.doc
1110/01
0 EXHIBIT 8
AMERY SALADIN ASPEN CENTER FOR PHYSICS ASPEN INSTITUTE INC
EBRAHIMI FRANCESCA 700 E GILLESPIE 1000 N THIRD ST
HOUSE B21 BURNSIDE, 9 S BAY RD ASPEN, CO 81611 ASPEN, CO 81611
HONG KONG CHINA,
CHRIST EPISCOPAL CHURCH CITY OF ASPEN COLLINS CHARLES & JANICE S
C/O ANTHONY SCHEER 130 S GALENA ST PO BOX HH
PO BOX 2299 ASPEN, CO 81611 ASPEN, CO 81612
ASPEN, CO 81612-2299
DALENSON THEODORE & ISABELLA
ELLI S GORSUCH 1.07% INT
ELLIOTT ELYSE A
C/O ALPINE VALLEY SERVICES
707 W NORTH ST
610 NORTH ST
204 PARK AVE STE I
ASPEN, CO 81611
ASPEN, CO 81611
BASALT, CO 81621
F430 LLC
FALENDER STEVEN & DEBRA
FARVER CHARLES F
51 WINDING BROOK DR
603 W GILLESPIE ST
617 FRANKLIN PL #200
SARATOGA SPGS, NY 12866
ASPEN, CO 81611
PELLA, IA 50219
FELDER RICHARD & DEBORAH LIV GILLESPIE HISTORIC PTNRS LLC GOLDSMITH BARBARA L TRUST
TRUST PO BOX G 733 25TH ST
11498 E CAROL WAY ASPEN, CO 81612 SANTA MONICA, CA 90402-3143
SCOTTSDALE, AZ 85259-2620
GORSUCH BROOKS S 1.07% INT GORSUCH JEFFREY S 48.935% INT GORSUCH MARIEL MATHESON 1.07%
707 W NORTH ST 85 GLEN GARRY DR INT
ASPEN, CO 81611 ASPEN, CO 81611-3355 707 W NORTH ST
ASPEN, CO 81611
GORSUCH MOLLY M 48.935% INT
KESSLER HOWARD
KOLBE EMILY E
707 W NORTH ST
1453 FLAT ROCK RD
C/O HOOTENANNY LLC
ASPEN, CO 81611
NORBERTH, PA 19072
205 S MILL ST #226
ASPEN, CO 81611
LAUDER LEONARD A & EVELYN H
LAUDER WILLIAM 1/2 ET AL
LEFEBER HOPE
2 E 67TH ST
767 5TH AVE 40TH FL
1453 FLAT ROCK RD
NEW YORK, NY 10021
NEW YORK, NY 10153
NORBERTH, PA 19072
LUETKEMEYER JOHN A JR & SUZANNE MARCUS STEPHEN J MARKALUNAS JAMES J & RAMONA I
F 50% PO BOX 1709 624 W NORTH ST
1427 CLARKVIEW ROAD - STE 500 ASPEN, CO 81612 ASPEN, CO 81611
BALTIMORE, MD 21209
MUSGRAVE MARJORY M MUSIC ASSOCIATES OF ASPEN INC ODOM JOHN A JR TRUSTEE 50%
629 W NORTH ST 2 MUSIC SCHOOL RD ODOM LORRIE FURMAN TRUSTEE 50%
ASPEN, CO 81611 ASPEN, CO 81611-8500 11490 W 38TH AVE
WHEATRIDGE, CO 80033
0 0
PITKIN COUNTY SALTER JAMES 60% SALTER KATHLEEN ANNE ELDREDGE
530 E MAIN ST #302 500 NORTH ST 40%
ASPEN, CO 81611 ASPEN, CO 81611 500 NORTH ST
ASPEN, CO 81611
SCHREIBER EUGENE H & STANFORD D SOLSTICE OWNERSHIP VI LLC UHLFELDER NAOMI
50% PO BOX 65 PO BOX 1165
17 W PENNSYLVANIA AVE TIBURON, CA 94920 ASPEN, CO 81612
TOWSON, MD 21204
VANDERAA GILBERT T III WF CASTLE CREEK LLC WURTELE CHRISTOPHER C TRUST
C/O HOOTENANNY LLC PO BOX 1444 895 ROARING FORK RD
205 S MILL ST #226 CARBONDALE, CO 81623 ASPEN, CO 81611
ASPEN, CO 81611
EXHIBIT 9
Pre -Application Conference summary submitted under
separate cover to Community Development Office.
7L.j
THE CrrY rw ACPRW
Land Use Application
Determination of Completeness
Date: January 14. 2008
Dear Mr. Curtis,
We have received your land use application and reviewed it for completeness. The case number
and name assigned to this property is 0078.2007.ASLU, SPA Amendment. The planner assigned
to this case is Jessica Garrow (for the summer 2008 request).
With regard to the request for an extension of the temporary use permit for summer 2008, I can
schedule the request before the city council on February 11, 2008. I had an opening in the
council's agenda and can accommodate the request as long as the extension request does not
deviate from the prior approval; otherwise, we are looking at a May schedule date. The
application notes certain "concessions" are proposed that differ from the original approval and I
will need additional clarification on what those are to determine if they can be processed under
the original temporary use permit.
With regard to the Specialty Planned Area (SPA) Amendment, I can provide the following
information. When you submitted the application, it was under the purview of Ordinance No. 30
(Series of 2007). Section 3 of Ordinance 30, did not allow for alterations of a building or site,
except those that were deemed minimally obtrusive (Section 26.415.035, Identification of
Potential Historic Resources).
Ordinance No. 48 (Series of 2007) is now in effect and identifies the Aspen Institute as a
property subject to the content of the ordinance. Section 3 of the ordinance allows the applicant
to voluntarily have the proposed work under consideration reviewed by the Historic Preservation
Commission (Section 26.415.025 D., Applicability and Extensions) or you may enter into a
ninety (90) day negation period with the city council (Section 26.415.025 E., Ninety -Day
Negotiation Period) regarding preservation of the resource. If you are interested in pursuing a
review before the Historic Preservation Commission, it appears that they have availability as
early as February 131h.
Another option available to you, if you do not agree with the content of this letter is to request an
interpretation (Chapter 26.306) of those area of the Institute's property that are subject to
ordinance No. 48 by the Community Development Director. A request for an interpretation must
be submitted to the Community Development Director with an accompanying fee of $50.00.
Finally, although your application was complete, the section on the Park Impact Fee cited an
outdated section of the land use code. Chapter 26.610, Impact Fees was updated in November of
2006. I would suggest submitting a response based upon the new code language. Other
Page 1 of 2
submission items may be requested throughout the review process as deemed necessary by the
Community Development Department. Please contact me at 429-2759 if you have any
questions.
Thank You,
Jennifer Phil.A, Deputy Director
City of Aspen, Community Development Department
Page 2 of 2