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HomeMy WebLinkAboutresolution.council.041-10RESOLUTION NO. 41 (Series of 2010) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING A TEMPORARY USE PERMIT TO ALLOW FOR THE USE OF TWO TENNIS COURTS ON MEADOWS ROAD FOR OVERFLOW PARKING FOR HIGH- OCCUPANCY VEHICLES IN 2010 AND 2011 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 use two tennis courts on Meadows Road for overflow parking for various events during 2010 and 2011, not to exceed 180 days in either calendar year; and, WHEREAS, after further discussion, the applicant revised its application to restrict the tennis courts to High-Occupancy-Vehicles (HOV) of two or more occupants; proposed the elimination of 23 parking spaces on Meadows Road and expanding its shuttle service to respond to on-demand reservations from large groups; and, WHEREAS, the Community Development Department reviewed the temporary use application, the revised application and referral comments from the Environmental Health Department, the Engineering Department and the Transportation Department, and recommends that the City Council approve the temporary use permit with conditions, including a formalized professional traffic study; and, WHEREAS, City Council finds that the applicant's proposed temporary use is consistent with an experimental study and 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 June 7, 2010; 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, WHEREAS, City Council finds that the temporary use permit, with conditions, meets or exceed all applicable development standards; and, Resolution No. 41, Series of 2010 Page 2 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 use two tennis courts on Meadows Road for HOV overflow parking (two or more vehicle occupants), with the Following conditions: 1. The temporary use is valid from June 8, 2010 to December 31, 2011; not to exceed 180 days in 2010, and not to exceed 180 days in 2011. 2. The Applicant should gather data on the use of the tennis courts as HOV parking, and other Transportation Demand Management (TDM) measures utilized at the Aspen Meadows as applicant deems necessary in anticipation of the potential application for a substantial amendment to the Aspen Meadows Specially Planned Area (SPA), which may seek to convert the tennis courts to overflow parking as a permanently allowed use. Applicant is encouraged to consult with the City Transportation Department in this effort. 3. The Applicant shall obtain approval from the City of Aspen Parking Department to determine the number and location of existing parking spaces to be eliminated on Meadows Road, to an upper limit of 23. 4. The Applicant shall obtain a building permit from the City of Aspen Building Department before constructing any necessary improvements to provide safe vehicular access to the two tennis courts. 5. The Applicant shall obtain approval from the Aspen Fire Protection District prior to the use of the tennis courts for parking to ensure adequate access to the parking lot for fire suppression. 6. 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. Resolution No. 41, Series of 2010 Page 3 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. DENIED at a public hearing before the City Council of the City of Aspen, Colorado, on June 7, 2010. r. ayor P+ra TP~Yv1 ttorney ATTEST: Kathryn S. Ko ,City Clerk I~ (o ~ Option #1 RESOLUTION NO. 41 (Series of 2010) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING A TEMPORARY USE PERMIT TO ALLOW FOR THE USE OF TWO TENNIS COURTS ON MEADOWS ROAD FOR OVERFLOW PARKING FOR HIGH- OCCUPANCY VEHICLES IN 2010 AND 2011 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 use two tennis courts on Meadows Road for overflow parking for various events during 2010 and 2011, not to exceed 180 days in either calendar year; and, WHEREAS, after further discussion, the applicant revised its application to restrict the tennis courts to High-Occupancy-Vehicles (HOV) of two or more occupants; proposed the elimination of 23 parking spaces on Meadows Road and expanding its shuttle service to respond to on-demand reservations from large groups; and, WHEREAS, the Community Development Department reviewed the temporary use application, the revised application and referral comments from the Environmental Health Department, the Engineering Department and the Transportation Department, and recommends that the City Council approve the temporary use permit with conditions, including a formalized professional traffic study; and, WHEREAS, City Council finds that the applicant's proposed temporary use is consistent with an experimental study and 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 June 7, 20]0; 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, WHEREAS, City Council finds that the temporary use permit, with conditions, meets or exceed all applicable development standards; and, Resolution No. 41, Series of 2010 Page 2 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 use two tennis courts on Meadows Road for HOV overflow parking (two or more vehicle occupants), with the following conditions: 1. The temporary use is valid from June 8, 2010 to December 31, 2011; not to exceed 180 days in 2010, and not to exceed 180 days in 2011. 2. The Applicant should gather data on the use of the tennis courts as HOV parking, and other Transportation Demand Management (TDM) measures utilized at the Aspen Meadows as applicant deems necessary in anticipation of the potential application for a substantial amendment to the Aspen Meadows Specially Planned Area (SPA), which may seek to convert the tennis courts to overflow parking as a permanently allowed use. Applicant is encouraged to consult with the City Transportation Department in this effort. 3. The Applicant shall obtain approval from the City of Aspen Parking Department to determine the number and location of existing parking spaces to be eliminated on Meadows Road, to an upper limit of 23. 4. The Applicant shall obtain a building permit from the City of Aspen Building Department before constructing any necessary improvements to provide safe vehicular access to the two tennis courts. 5. The Applicant shall obtain approval from the Aspen Fire Protection District prior to the use of the tennis courts for parking to ensure adequate access to the parking lot for fire suppression. 6. 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. Resolution No. 41, Series of 2010 Page 3 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 at a public hearing before the City Council of the City of Aspen, Colorado, on 2010. Michael C Ireland, Mayor City Attorney ATTEST: Kathryn S. Koch, City Clerk Option #2 RESOLUTION NO.41A (Series of 2010) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING A TEMPORARY USE PERMIT TO ALLOW FOR THE USE OF TWO TENNIS COURTS ON MEADOWS ROAD FOR OVERFLOW PARKING FOR HIGH- OCCUPANCY VEHICLES IN 2010 AND 2011, WITH CONDITIONS, 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 use two tennis courts on Meadows Road for overflow parking for vazious events during 2010 and 2011, not to exceed 180 days in either calendar year; and, WHEREAS, after further discussion, the applicant revised its application to restrict the tennis courts to High-Occupancy-Vehicles (HOV) of two or more occupants; proposed the elimination of 23 pazking spaces on Meadows Road and expanding its shuttle service to respond to on-demand reservations from large groups; and, WHEREAS, the Community Development Department reviewed the temporary use application, the revised application and referral comments from the Environmental Health Department, the Engineering Department and the Transportation Department, and recommends that the City Council approve the temporary use permit with conditions, including a formalized professional traffic study; and, WHEREAS, City Council finds that a formalized traffic study is needed to professionally gauge the impacts of the proposal, including baseline data gathering prior to implementation of the proposal; in which case the proposed temporary use is consistent with an experimental study and 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 June 7, 2010; 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. 41 A, Series of 2010 Page 2 WHEREAS, City Council finds that the temporary use permit, with conditions, 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 use two tennis courts on Meadows Road for HOV parking (two or more vehicle occupants), with the following conditions: 1. The temporary use is valid only subsequent to the City of Aspen Transportation Department approving the scope of a traffic study to be conducted by the Applicant. The traffic study will include: • Data gathering to be conducted prior to the implementation of HOV parking, the elimination of parking spaces on Meadows Road and expansion of shuttle service for on-demand use by large groups. • Data gathering to be conducted after the implementation of HOV pazking, elimination of pazking spaces on Meadows Road and expansion of shuttle service for on-demand use by lazge groups. 2. The Applicant shall obtain approval from the City of Aspen Pazking Department to determine the number and location of existing parking spaces to be eliminated on Meadows Road, up to 23. 3. Applicant shall obtain a permit from the City of Aspen Building Depaztment before constructing any necessary improvements to provide safe vehicular access to the two tennis courts. 4. The Applicant shall obtain approval from the Aspen Fire Protection District prior to the use of the tennis courts for parking to ensure adequate access to the parking lot for fire suppression. 5. The use of the tennis courts for HOV parking will be limited to 180 days for each of the calendar years 2010 and 2011. 6. An application to amend the Aspen Meadows SPA to allow this expansion of parking on a permanent basis shall only be accepted as complete if accompanied by a report showing the results of the traffic study. Resolution No. 41A, Series of 2010 Page 3 All material representations made in the application and in the hearing by the Applicant and the Applicants 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. APPROVED at a public hearing before the City Council of the City of Aspen, Colorado, on .2010. Michael C Ireland, Mayor ATTEST: City Attorney Kathryn S. Koch, City Clerk